dream vortex burn
Enter the DAO
Last Updated: April 20, 2023
BY CLICKING TO ACCEPT AND/OR USING THE PLATFORM OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM, ANY SERVICES AVAILABLE THROUGH THE PLATFORM OR ANY INFORMATION CONTAINED ON THE PLATFORM.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH GORJS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Services and Digital Collectibles.
Services as used herein includes any services, features and functionality of the Platform related to the creation, purchase or sale of any NFT which, together with any associated digital works of authorship, data, or other content, and regardless of the format in which any of the foregoing is made available (“Related Content”), comprises and is referred to herein as a “Digital Collectible”. “NFT” as used in these Terms means an one-of-a-kind, non-fungible, cryptographic token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise to be associated with certain content or data. An NFT cannot be substituted for another NFT as each NFT is distinctive and unique in some way. Certain NFTs may be acquired using a “burn and airdrop” process that randomly distributes Related Content. The likelihood of receiving any particular Related Content depends on the number of purchasers, time of burn, and the number of Digital Collectibles available for distribution.” An NFT is not a medium of exchange and is not convertible virtual currency.
You acknowledge and understand that by purchasing a Digital Collectible you are not acquiring any equity or other ownership or profit-sharing interest in GORJS, or any of its affiliates. Digital Collectibles are intangible digital assets that exist only by virtue of the ownership record maintained on the associated blockchain network. Any transfers, transaction, or sales that might occur in any unique digital asset occurs on the associated blockchain network. We cannot effect or otherwise control the transfer of title or right in any NFTs or Digital Collectibles.
You will not portray any Digital Collectible as an opportunity to gain economic benefit or profit, or as an investment, equity, or other ownership or profit-sharing interest in GORJS, or any of its affiliates or any brand or other business venture. You will comply with any marketing policies or guidelines published by GORJS for NFTs or Digital Collectibles.
By using this Platform and/or Services, you represent, acknowledge and agree that you are above the legal age of majority in your jurisdiction of residence, or if you are under the legal age of majority in your jurisdiction of residence but are at least 13 years old (a “Minor”), that you are using the Platform and/or Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Platform and Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms, and to fully indemnify and hold harmless GORJS if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Platform or Services at any time or in any manner or submit any information to or through GORJS, the Platform or Services.
GORJS provides content through the Platform and Services that is copyrighted and/or trademarked work of GORJS or GORJS’s third-party licensors and suppliers or other users of the Platform (collectively, the “Materials”). Materials may include but are not limited to logos, graphics, video, images, software and other content. Materials do not include the Digital Collectibles.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, GORJS hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Platform solely for your personal use. Except for the foregoing license, you have no other rights in the Platform, Services, or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way, commercially or otherwise, exploit any of the Platform, Services or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must cease all use of the Materials and immediately destroy any downloaded or printed Materials.
Account and Credentials.
You will need a Supported Wallet (defined herein) to access the Service. Accordingly, your account on the Platform (“Account”) will be associated with your Supported Wallet and the associated blockchain address, and will display the NFTs for your Supported Wallet (and if applicable, any Related Content). You are responsible for maintaining the confidentiality of your GORJS credentials and any Third-Party Platform credentials to access your Supported Wallet (collectively, “Credentials”), and you are responsible for all activities that occur using your Credentials. You agree not to share your Credentials, let others access or use your Credentials or do anything else that might jeopardize the security of your Credentials. You agree to notify us if any of your Credentials on this Platform is lost, stolen, if you are aware of any unauthorized use of your Credentials on this Platform or if you know of any other breach of security in relation to this Platform. You agree that we will not be held responsible for any unauthorized access to your Account or thirty-party platform using your Credentials, or any harm you may suffer as a result of the unauthorized access. If you lose your Credentials and cannot recover them, the NFTs and/or Digital Collectibles associated with your Account may be locked there forever, and we will neither be responsible for nor liable to you if that happens.
All the information that you provide when registering for an Account and otherwise through the Platform must be accurate, complete and up to date. You may change, correct or remove any information from your Account by either logging into your Account directly and making the desired changes or contacting us using the contact information at the end of these Terms and requesting that we make the change.
You expressly acknowledge and agree that the Account is not an investment account and that NFTs have no intrinsic value, consequently, and without limitation, we shall have no liability to you for the freezing or cancelling of your Account. Each Account and the rights and privileges provided in connection with the Account are personal and non-transferable.
The use of a VPN to access an Account or the Services is highly discouraged. Use of a VPN may make it more difficult for a user to access their Account or the Services. Use of a VPN by a user entitles us, at our sole discretion and without limitation, to freeze or terminate any user Account accessed via VPN.
We do not offer a hosted digital wallet on the Platform or otherwise take custody of Digital Collectibles for our users. You will be required to link a supported blockchain-based digital wallet (“Supported Wallet”) provided by supported third-party un-hosted wallet providers (“Supported Wallet Provider”) to the Platform before you will be able to purchase a Digital Collectible. A list of Supported Wallets and Supported Wallet Providers, which we may update at our discretion, is available on the Platform. We will deliver any Digital Collectibles that you purchase from us directly to your Supported Wallet and you will be solely responsible for safekeeping the passwords and keys associated with your Supported Wallet.
Each Supported Wallet Provider is a third-party company that offers un-hosted digital wallet products and services. We are not in any way affiliated or partnered with the Supported Wallet Providers. We do not have custody or control of the contents of your Supported Wallet and have no ability to recover, retrieve or transfer purchased Digital Collectibles for you in the event that you lose access to your Supported Wallet or under any other circumstances. Your use of each Supported Wallet Provider’s products and services is subject to its applicable terms of service. We will not be liable to you for any loss that results from your use of a Supported Wallet Provider’s products and services, including Supported Wallets. You are solely responsible for keeping your Supported Wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your Supported Wallet, please contact your Supported Wallet Provider.
We currently accept payments in Ether. You cannot maintain a balance of cryptocurrency with us for purposes of making purchases through our Services. You must link your Supported Wallet to the Services and use a supported type of cryptocurrency from your Supported Wallet to complete your purchase.
NFT and Supported Networks.
You acknowledge and agree that we retain the right, in our sole discretion, to determine whether to support, or not support, certain NFTs to be used in conjunction with the Services. Our decision to support any particular NFT, the blockchain or network supporting the NFT (“Supported Networks”), through the Platform or Services is not an endorsement or approval of the NFTs or the Supported Networks’ value, security, operation, or underlying technology. You will not be able to transfer your Digital Collectibles to any digital wallet that is not compatible with the Supported Networks. In the event that you inadvertently transfer an NFT or Digital Collectible to a digital wallet that is not compatible with the Supported Networks, your Digital Collectible may be lost or destroyed and we will not be liable to you for any such loss or destruction.
Our decision to support any individual NFT does not reduce any risks associated with the NFT. We do not make any warranty about the suitability of any NFT for ownership or trading. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with the Platform or Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Platform or Service.
You acknowledge that if, even in good faith, you come into possession of an NFT that was, on any previous occasion, transacted in violation of these Terms, even by another user of the Platform or Services, you may be obligated, at our discretion, to forego any and all rights in the NFT. For example purposes only, if you purchase an NFT from another user and the seller in the transaction purchased the NFT with a fraudulent payment method, then you purchasing the NFT from the seller, even if in good faith shall, at our discretion, forego the rights in the NFT.
NFTs may be subject to terms directly between buyers and sellers with respect to the use of the Digital Collectible and benefits associated with a Digital Collectible (“Digital Collectible Terms”). We are not a party to any such Digital Collectible Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Digital Collectible Terms. You are solely responsible for reviewing and complying with such Digital Collectible Terms.
We may discontinue or terminate support for any NFT at any time, for any or no reason. We will make reasonable efforts to provide advance notification of any termination or discontinuation of support of an NFT. If you do not transfer an NFT out of your Supported Wallet by the date specified in such advance notice, the NFT may be lost or destroyed. We will not be liable to you for any losses, liability, or expenses related to any discontinuation or termination of support of any NFTs.
In consideration of the transfer of any Digital Collectibles, upon the transfer, you will pay (or caused to be paid) us the transaction fees, payment transfer fees (if applicable), and taxes (other than taxes on our net income) associated with the transfer and will not deduct any such amounts from the amounts paid to us. We are not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your Digital Collectibles. All amounts owed hereunder will be paid in US Dollars or in a cryptocurrency acceptable to us and will be paid to the Account or Supported Wallet, as designated by us. We reserve the right to change fees at any time, and do not provide price protection or refunds in the event of promotions or fee decreases. All fees are non-refundable under any circumstances.
Unless indicated otherwise in your Account or elsewhere in the Services, you are solely responsible for paying all the fees set forth in the “Fees” section. We will not advance nor fund any fees on your behalf, nor shall we be responsible if the fees paid are insufficient or excessive. Your Supported Wallet must hold sufficient virtual or real currency to cover the transfer and its associated fees, failing which the transaction may be blocked, might fail or result in your value being suspended temporarily or forever.
We may make third party products or services available via the Platform or otherwise through the Services. Such third parties may charge fees for their services. We are not responsible for the fees charged by any such third parties of for the terms of the relationship between you and any such third party.
YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME BY CONTACTING US PROVIDED THAT ANY FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR ANY REFUND OF THE FEES PAID. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR ACCOUNT CANCELLATION REQUEST.
We are not a bank, money transmitter, virtual currency business, custodial or hosted virtual currency wallet, or other form of money services business. We do not own, possess or control any NFTs, virtual currency, or tokens deposited in your Supported Wallet. We are not able to initiate any transaction through your Supported Wallet on our own. You will hold the only copy of the Supported Wallet credentials that are necessary to initiate any transaction from your Supported Wallet. We do not obtain or hold any legal or beneficial right, title or interest in or to any NFT, virtual currency or tokens that you store in your Supported Wallet.
Legislative or regulatory regimes governing blockchain technologies, NFTs, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service, the Platform, and/or the use, transfer, or exchange of NFTs or Digital Collectibles.
By using the Platform and/or the Services provided on or through the Platform, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform and/or Services provided on or through the Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Certain Materials that are not Submissions (defined herein) may be provided by third-party licensors and service providers through the Service or Platform, including any Related Content displayed on the Platform (“Third-Party Content”) where separate and additional terms govern the use of that Third-Party Content.
We do not make any representations or warranties about the Third-Party Content accessible through the Service or Platform, including Related Content displayed on the Platform, and your access to and use of such Third-Party Content is at your own risk. You bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We cannot guarantee that any NFTs visible on the Platform or through our Services will remain visible and/or available to be bought, sold, or transferred, and we will not be liable to you for any such loss of visibility and/or availability to be bought, sold, or transferred.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Platform and through the Services available in connection with this Platform (each a “Submission”). You may not upload, post or otherwise make available on this Platform any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights, or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Platform.
When you provide Submissions you agree that those Submissions shall not be in violation of the prohibitions set forth in the “Unauthorized Activities” section below. THOSE PROHIBITIONS DO NOT REQUIRE GORJS TO MONITOR, POLICE OR REMOVE ANY SUBMISSIONS OR OTHER INFORMATION SUBMITTED BY YOU OR ANY OTHER USER.
When using this Platform and/or the Services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your Account, your ability to post to this Platform (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Platform or Services, to any other user of this Platform and/or Services, or to any third party. WE MAY REPORT TO LAW ENFORCEMENT AUTHORITIES ANY ACTIONS THAT MAY BE ILLEGAL. WHEN LEGALLY REQUIRED OR AT OUR DISCRETION, WE WILL COOPERATE WITH LAW ENFORCEMENT AGENCIES IN ANY INVESTIGATION OF ALLEGED ILLEGAL ACTIVITY ON THE PLATFORM OR THROUGH THE SERVICES.
Each Digital Collectible is a limited-edition digital asset, and Related Content is licensed to you, not acquired by you when you acquire the NFT. Ownership of any Related Content is retained by us or the third party that developed or acquired ownership of the Related Content (any such third party, a “Third Party Developer”). No ownership or title in or to any Related Content is transferred to you, and no other right or interest in any Related Content is transferred to you except for the limited license rights that are expressly set forth in the Digital Collectible Terms. For clarification, the Related Content is neither stored nor embedded in the Digital Collectible, but is accessible through the Digital Collectible, subject to compliance with these Terms and the Digital Collectible Terms.
You will not, attempt to, or permit or enable any third party to: (i) separate the Related Content from the Digital Collectible; (ii) modify the Related Content, unless expressly permitted to do so pursuant to the Digital Collectible Terms; (iii) register or attempt to register any trademark, patent, and/or copyright or otherwise acquire additional intellectual property rights in or to any Related Content; (iv) use any Related Content to create, endorse, support, promote or condone any content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate as determined by us at our discretion; (v) commercialize the Related Content or use the Related Content in connection with any business, message, product, or service, or in any manner that may imply endorsement of any business, message, product, or service; (vi) use the Related Content in any manner that is likely to cause confusion or dilute, blur, or tarnish the Related Content or any intellectual property rights in the Related Content; or (vii) use the Related Content in any manner that infringes, violates or misappropriates any rights of privacy or publicity, and/or any third party intellectual property or intellectual property right, or that violates the these Terms or the Digital Collectible Terms.
GORJS is our trademark in the United States. Other trademarks, names and logos on this Platform are the property of their respective owners. You may not use any metatags or other “hidden text” utilizing “GORJS” or any other name, trademark or product or service name of GORJS or our affiliates or licensors without our prior written permission.
Unless otherwise specified in these Terms and except for Digital Collectibles, all information and screens appearing on this Platform, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of GORJS. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
GORJS respects the intellectual property rights of others, and we expect you to do the same. GORJS may, in appropriate circumstances and at our discretion, terminate the Services and/or access to this Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and your work appears on our Platform, please provide GORJS’s designated agent the following information:
GORJS’s agent for notice of claims of copyright or trademark infringement on this Platform can be reached as follows:
Attn: DMCA Agent c/o GORJS Legal Department
10 Hudson Yards
501 West 30 Street
New York, NY 10001
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you posted to the Platform, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, and do not agree with our decision, you may provide us with a counter-notification in writing to the GORJS designated agent listed above that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GORJS may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
GORJS reserves the right, in its sole discretion, to terminate the Account or access of any user of the Platform or Services who is the subject or repeated DMCA or other infringement notifications.
YOUR USE OF THE SERVICES AND/OR PLATFORM IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE PLATFORM, SERVICES AND ANY MATERIALS, AND ANY RELATED CONTENT, THIRD-PARTY CONTENT, AND DIGITAL COLLECTIBLE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE PLATFORM, SERVICES, MATERIALS, RELATED CONTENT, THIRD-PARTY CONTENT, OR ANY DIGITAL COLLECTIBLES RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, RELIABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, COMPLETENESS, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY ACCESS TO OR USE OF ANY RELATED CONTENT, THIRD-PARTY CONTENT, OR DIGITAL COLLECTIBLE INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR APPLICABLE BLOCKCHAIN. ANY WARRANTIES MADE BY US ARE FOR THE BENEFIT OF THE USER OF THE PLATFORM ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY.
Assumption of Risks.
You accept and acknowledge that:
If you fail to adhere to these Terms (including, without limitation, the foregoing rules), you understand and agree as follows: (i) that such failure may result in the permanent loss of your NFTs or Digital Collectibles (for which we shall have no liability); and (ii) that we reserve the right to confiscate any NFTs or Digital Collectibles purchased or acquired in a manner not expressly permitted by these Terms, without notice or liability to you.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless GORJS and its subsidiaries and affiliates, and each of their respective parents, officers, directors, employees, affiliates, agents, licensors, and service providers, and subcontractors (collectively, the “GORJS Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (including attorneys’ fees and costs of defense) (“Claims”) arising out of or in connection with:
You will cooperate with the GORJS Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). GORJS Parties will have control of the defense or settlement, at GORJS’s sole option, of any third-party Claims.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GORJS PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, BUSINESS, PROFITS, GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR PLATFORM, OR ANY AND ALL MATERIALS, RELATED CONTENT, AND DIGITAL COLLECTIBLE, WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND EVEN IF GORJS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GORJS PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR PLATFORM, OR ANY AND ALL MATERIALS, RELATED CONTENT, AND DIGITAL COLLECTIBLE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY GORJS FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you breach any of the provisions of these Terms, all licenses granted by GORJS will terminate automatically. Additionally, notwithstanding anything contained in these Terms, in our sole discretion, without prior notice, and without any liability to you, GORJS may (i) cancel or deactivate your Account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to the Platform and/or any or all Services at any time and for any or no reason. You acknowledge and agree that GORJS shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. GORJS is under no obligations to disclose its reason for any termination or suspension of the Service for you or generally.
You may terminate these Terms, at any time and for any or no reason, by closing your Account.
In the event of any termination of these Terms, discontinuation of all Services, or termination of your right to access all Services or Platform: (i) all fees payable to GORJS by you shall immediately become due, (ii) GORJS may delete your user data without any liability to you, provided that GORJS also reserves the right to retain your user data for seven (7) years following termination; (iii) GORJS may cancel any NFT transactions that are pending at the time of the termination of your right to access all Services or discontinuation of the Services; (iii) you must provide GORJS with an external wallet addresses for your NFTs or Digital Collectibles, provided if you fail to do so, GORJS shall not return NFTs or Digital Collectibles. If, after reasonable efforts, GORJS cannot reach you for such purposes, then your NFTs and/or Digital Collectibles shall be remitted to the relevant governmental authority in the jurisdiction where you last indicated you were residing. If these Terms are terminated as a result of your material breach, you agree to forego all right title and interest in NFTs or Digital Collectibles stored via the Service and/or on the Platform, and GORJS reserves the right to escheat or confiscate any such NFTs and/or Digital Collectibles to the relevant government authorities, without notice or liability to you. Upon termination, any NFT transactions may be subject to at least a thirty (30) day fraud-prevention hold term, and such other restrictions as may be necessary to prevent fraud or security breaches. GORJS reserves the right to retain and use aggregated anonymized user data in order to improve Services or Platform, prevent fraud and produce aggregated statistics.
If we receive notice or allegation that any NFTs or Digital Collectibles held in your Supported Wallet are stolen or lawfully not yours to possess, we may, but have no obligation to, place an administrative hold of undetermined length on those NFTs or the whole of your Supported Wallet or Account. Such hold may include but may not be limited to a suspension of access to the Services and Platform. We shall not be liable for any losses incurred by you, or diminished value in NFTs, that occur in the course of an administrative hold, suspension or termination of access to any portion of or all of the Services or the Platform in a property dispute. We retain the right to report any and all illegal or suspicious activity, including by you, to the appropriate regulators.
Local Laws; Export Control.
GORJS controls and operates this Platform from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Platform outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to GORJS, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Platform, any Services offered through the Platform, or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and GORJS and its parent, subsidiaries, and/or affiliates are free to use, license and sublicense, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to assign and/or to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that GORJS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution or to demand compensation for the use of the Feedback.
Dispute Resolution and Arbitration; Class Action Waiver.
PLEASE READ THE FOLLOWING (THIS “PROVISION”) CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at (844) 335-3510. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and GORJS. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and GORJS shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “GORJS” means GORJS and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and GORJS regarding, arising out of or relating to any aspect of your relationship with GORJS, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). Dispute is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as GORJS’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give GORJS an opportunity to resolve the Dispute. You must commence this process by mailing written notification to GORJS. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If GORJS does not resolve the Dispute within forty-five (45) days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or GORJS may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to GORJS. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with GORJS through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with GORJS. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR DISPUTE IN ARBITRATION OR SMALL CLAIMS COURT.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or GORJS may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – The arbitration will take place in New York, NY in English language.
Payment of Arbitration Fees and Costs – GORJS will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with GORJS as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and GORJS specifically agree to do so in writing following initiation of the arbitration. IF YOU CHOOSE TO PURSUE YOUR DISPUTE IN COURT BY OPTING OUT OF THE ARBITRATION PROVISION, AS SPECIFIED ABOVE, THIS CLASS ACTION WAIVER WILL NOT APPLY TO YOU.** Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into these Terms you and GORJS are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and GORJS might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with GORJS or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if GORJS makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require GORJS to adhere to the present language in this Provision if a dispute between us arises.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
GORJS prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by GORJS, may result in immediate termination of your access to this Platform without prior notice to you. The Federal Arbitration Act, the laws of the State of New York, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Platform will be heard in the courts located in New York County in the State of New York. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. GORJS’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and GORJS and supersede all prior or contemporaneous negotiations, discussions or agreements between you and GORJS about this Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
GORJS may, in its sole discretion and at any time, without prior notice, and without any liability to you, modify or discontinue any portion of the Platform, Services, and/or Materials. GORJS can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Platform. By using this Platform and/or Services after GORJS has updated the Terms, you are agreeing to all the updated Terms. If you do not agree with any of the updated Terms, you must stop using the Platform and Services.
California Consumer Notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Platform and Service are provided by GORJS. If you have a question or complaint regarding the Platform or Service, please contact Customer Service at (844) 335-3510. You may also contact us by writing to us as set forth in Contact Us provision below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us through one of the methods described on our Contact Us page on the Platform.