NFTs Terms and Conditions
BY ACCESSING THIS SITE AND/OR ACQUIRING OR PURCHASING A BONES BY JARRITOS NFT, YOU AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS IN FULL AND WITHOUT RESERVATION. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE OR ATTEMPT TO PURCHASE ANY BONES BY JARRITOS NFTS.
We reserve the right to change or modify these Terms at any time and in our sole discretion. You agree and understand that by accessing or using the Site following any change to these Terms, you are agreeing to the revised Terms and all of the terms incorporated therein by Reference.
Review the Terms each time you access the Site to ensure that you understand how the Terms apply to your activities on the Site.
1. Reviewing and Accepting These Terms
Please read these Terms carefully, as they set out your rights and responsibilities when you use this Site and to acquire Bones by Jarritos NFTs (the “Services”).
By agreeing to these Terms, you hereby certify that you are at least 18 years of age.
Please note that Section 18 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. You have the ability to opt-out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your initial agreement to these Terms.
“Art” means any art, designs, drawings, traits, layers, and other design elements that may be associated with any Licensed NFT you own.
“Content” means text, images, audio-visual material, or other forms of media.
“Licensed NFT” means a non-fungible token that You Own and was originally minted on this Site. “NFT” means any blockchain-traced, non-fungible token.
“NFT Trading Platform” means a secure marketplace where NFTs are sold, transferred, and recorded on the applicable blockchain and such transactions can be proven by the applicable blockchain.
“Own” or “Ownership” means with respect to a Licensed NFT, a Licensed NFT you have purchased through the Site or otherwise rightfully acquired from a legitimate source, where proof of purchase was recorded on the applicable blockchain and ownership of the Licensed can be proven.
“Owner” means someone who has a rightful and legal Ownership of a Licensed NFT.
“Jarritos” means Jarritos, Inc. and its parents, subsidiaries, affiliates, licensors, officers, directors, and employees.
Any payments of financial transactions that You conduct or engage in through the Site are final. You acknowledge and understand that the Site cannot and will not reverse any payments or transactions. All purchases of Licensed NFTs, as well as associated charges, are non-refundable.
You shall be responsible for all applicable taxes including and sales or compensating use tax or equivalent tax wherever such tax may arise.
You accept and acknowledge that Jarritos will not be responsible for any communication failures, disruptions, distortions, delays, or other errors that may arise when You attempt to purchase any Licensed NFTs.
No refunds are permitted except with respect to any statutory warranties or guarantees that cannot be excluded or limited by law.
4. Jarritos Ownership
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Jarritos. The Jarritos logo and any Jarritos product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Jarritos, Inc. or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You acknowledge and agree that Jarritos and/or its licensors and affiliates own all legal rights, title, and interest in the Art associated with any Licensed NFT, and all intellectual property rights, including but not limited to trademark and copyright rights, therein. Any rights provided to you upon purchase or ownership of a Licensed NFT are limited to those expressly stated herein. Jarritos reserves all rights and ownership of the Licensed NFTs and Art not specifically granted to the User of this Agreement.
5. User Ownership and Restrictions of Use
Upon You assuming Ownership of a Licensed NFT and accepting the Terms and Conditions of this Agreement, Jarritos shall grant you a non-exclusive, worldwide, royalty-free license to (a) use, display or otherwise enjoy the Art of your Licensed NFT for Your own personal use; (b) commercialize Your Licensed NFT by producing and selling physical merchandise that portrays the Licensed NFTs underlying Art in its entirety; (c) sell or transfer your Licensed NFTs to another party pursuant to Section 6 of this Agreement; and (d) use Your Licensed NFT as part of a third party website or application which permits the inclusion, involvement, and/or participation for Your Licensed NFTs, provided the website or application cryptographically permits and verifies each NFT owner’s rights and ownership to display the Art and the website or application ensures only the actual owner can display the Art.
You understand and agree that these rights are licensed solely to the rightful and legal Owner of the Licensed NFT. Your licensed rights to the Licensed NFT will terminate upon the rightful and legal sale or transfer of Your Licensed NFT in accordance with Sections 6 and 7 of this Agreement and the new Owner, upon their acceptance of the Terms and Conditions of this Agreement, shall receive these licensed rights.
You understand and agree that any physical merchandise that You produce must incorporate every element and trait of your Licensed NFT in full. The individual layers and traits of the Licensed NFTs are not owned by You and are the sole property of Jarritos. Such commercialization rights are limited to the Licensed NFTs that You own.
You further understand and agree that this license does not permit the ability to create any digital merchandise. The creation and minting of any new NFTs which are derivatives of Your License NFTs are expressly prohibited and constitute copyright infringement.
You understand and acknowledge that You may not, and You may not permit any third party to do or attempt to do the following without the express written consent of Jarritos: (a) modify the Art in your Licensed NFT in any way, including without limitation, traits, attributes, designs, drawings, or design elements of the Licensed NFT; (b) produce any merchandise in connection with your Licensed NFT that depicts lewd behavior, illegality, hatred, intolerance, cruelty, vulgarity, pornographic material, discrimination, or otherwise harmful material to the Art and Jarritos’ brand; or (c) attempt to trademark, copyright, or otherwise acquire intellectual property rights in your Licensed NFT anywhere in the world.
You have the limited right to transfer, sell, or otherwise dispose of you Licensed NFTs on an NFT Trading Platform provided the transferee or purchaser understands and accepts the terms of this Agreement and the terms and conditions of the NFT Trading Platform and that prior to transfer, you have not breached this Agreement or the terms and conditions of the NFT Trading Platform.
Jarritos is not responsible for any transactions between You and a third party, including using any NFT Trading Platform to transfer your Licensed NFTs. Jarritos shall have no responsibility, obligation, or liability with respect to any transfer you enact on any NFT Trading Platform.
Notwithstanding anything in the foregoing, You agree that Jarritos shall receive a five (5)% royalty of any resale purchase price of any Bones by Jarritos NFT.
7. Termination of License
The licensed right granted to you in Section 5 of this Agreement shall automatically terminate if You perform any of the following actions: (a) You breach any terms of this Agreement or any terms and conditions of the designate NFT Trading Platform, or (b) You engage in or initiate any legal action against Jarritos.
Upon termination of Your licensed rights, You must immediately cease and desist all activities and rights granted to You from Section 5. This includes ceasing all activities involving the Licensed NFT for your own personal use and creating or selling physical merchandise that incorporates the Art of the Licensed NFT
8. Assumption of Risk
Please note the following risks in accessing, purchasing, selling or using NFTs: (1) The price and liquidity of blockchain assets, including Bones by Jarritos NFTs and any cryptocurrency used to purchase or otherwise associated with the transfer of the Bones by Jarritos NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect Bones by Jarritos NFTs, which may also be subject to significant price volatility, (2) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Bones by Jarritos NFTs, (3) Bones by Jarritos NFTs are not legal tender and are not backed by any government, (4) Transactions in Bones by Jarritos NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable, (5) Some transactions in Bones by Jarritos NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction, (6) The value of Bones by Jarritos NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Bones by Jarritos NFTs, which may result in the potential for permanent and total loss of value of a particular Bones by Jarritos NFT should the market for that Bones by Jarritos NFT disappear, (7) There are risks involved with using internet-based currency and asset, including but not limited to, risk of hardware, software, internet connection failure, risk of malicious software, and risk that unauthorized parties may gain access to Your personal information including such information and assets contained in your digital wallet or elsewhere, (8) There is an inherent risk you may lose access due to loss of private keys, custodial error, or user error, and (9) Jarritos does not make any guarantees or representations about the availability of the Licensed NFTs or the Art or that they will host the Licensed NFTs or the Art in any specific location for any specific period of time.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Bones by Jarritos NFTs, including the suitability and appropriateness of, and tax consequences of, Bones by Jarritos NFTs. You agree and understand that you access and use this Site and purchase any Bones by Jarritos NFTs at your own risk; however, this brief statement does not disclose all of the risks associated with Bones by Jarritos NFTs and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using Bones by Jarritos NFTs, however caused.
9. Limitation of Liability
ALL LICENSED NFTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXRESS OR IMPLIED. JARRITOS HEREBY DISCLAIMS ALL WARRANTIES, EXPRES OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JARRITOS, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF JARRITOS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF JARRITOS OR THE JARRITOS PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT, BONES BY JARRITOS NFTS, OR ANY SERVICES PURCHASED ON THE SITE EXCEED
You acknowledge that You are solely responsible for determining and paying to the applicable taxing authority all applicable taxes (“Taxes”), including U.S. federal and applicable state and local taxes, that You may owe as the result of the receipt, sale, minting or any other activity with respect to Bones by Jarritos NFTs. You represent that you are an individual who is a United States person for U.S. federal income tax purposes (generally, a U.S. citizen or resident alien) and that you reside at an address in a State within the United States. You agree, promptly upon our request, to provide to us a properly executed Internal Revenue Service Form W-9, or any other tax form that we determine is required in order for us to comply with applicable tax reporting obligations, as a condition of the receipt and minting of Bones by Jarritos NFTs.
If you are a resident of a jurisdiction that requires a specific statement regarding a release, then the following applies. For example, California residents must as a condition of this Agreement waive the applicability of California Civil Code Section 1542 which states “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. You release Jarritos from liability relating to our Site or Jarritos Content, and You release Jarritos from any claims and damages, known and unknown, arising out of or in any way connected with any claims you have against Jarritos.
You agree and understand that we may modify part or all of this Site or the Services without notice, and that we may update these Terms and any other document incorporated by reference therein at any time.
13. Digital Millennium Copyright (DMCA) Information
If You are a copyright owner or an agent thereof and believe that any material hosted on the Site infringes your copyright or trademark rights, please file a notice of infringement by contacting the Designated Copyright Agent listed below. Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”):
- The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed;
- Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on the Site that contains the material);
- A mailing address, telephone number, and email address where we can contact you;
- A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and
- A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
Our Copyright Agent designated to receive notifications can be contacted using the contact form on this Site. For clarity, only DMCA notices should go to the Copyright Agent.
JARRITOS DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY BONES BY JARRITOS NFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. 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 USE OF BONES BY JARRITOS NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR BONES BY JARRITOS NFTS. BONES BY JARRITOS NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT JARRITOS, INC. OR ANY JARRITOS, INC. AFFILIATE CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY BONES BY JARRITOS NFT.
We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Bones by Jarritos NFTs. Jarritos, Inc. is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Bones by Jarritos NFTs including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless Jarritos, Inc., and our respective past, present and future employees, officers, directors, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Jarritos Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) Your use or misuse of the Site, Site Content, or Bones by Jarritos NFTs, (c) Your violation of these Terms, (c) Your violation of the rights of a third party, including another user and (e) Your failure to pay any Taxes or Sales Taxes in connection with your transactions on this Site or in connection with any transaction you effect in a Bones by Jarritos NFT, or to provide us with a properly executed tax form described in Section 10. You agree to promptly notify us of any third party Claims and cooperate with the Jarritos Parties in defending such Claims. You further agree that the Jarritos Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
17. Governing Law
18. Disputes and Arbitration Agreement
Carefully read the following arbitration agreement (“Arbitration Agreement”). By using this Site and/or purchasing a Bones by Jarritos NFT, You agree that (1) any claim, dispute or controversy you have against Jarritos arising out of, relating to, or connected in any way with this Agreement or the Licensed NFT shall be administer by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer AAA Rules and Procedures. (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in El Paso Texas; (3) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and shall honor claims of privilege recognized at law; (4) both parties will bear their own costs of representation and filing the dispute; where possible, both parties shall be entitled to appear via video for all proceedings; (5) The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement); (6) The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded, which shall be deemed final and binding upon You and us, and ay be enforced as needed by any court of competent jurisdiction; (7) The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.
This Arbitration Agreement applies to any claim You may have against Jarritos except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Jarritos may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Texas. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Jarritos, Inc., 500 W. Overland, Ste. 300 El Paso, TX 79901, Attention: Nina Navarro, Legal and Corporate Affairs, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the cryptocurrency wallet address you used to transact on this Site (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should no be construed as our waiver of the right to enforce that same provision under or different circumstances at any time in the future.
Except as provided herein, if any part or parts of these Terms, including the arbitration agreement in Section 18, are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms, including the Arbitration Agreement in Section 18, shall continue in full force and effect.
21. Survival of Agreement
These Terms, including the Arbitration Agreement in Section 18, will survive the termination of your relationship with Jarritos.
Notwithstanding any provision in these Terms to the contrary, we agree that if Jarritos makes any future material change to the Arbitration Agreement in Section 18, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: Jarritos, Inc., 500 W. Overland, Ste. 300, El Paso, TX 79901, Attention Nina Navarro, Legal and Corporate Affairs.
23. Entire Agreement
These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content and any Bones by Jarritos NFTs you have purchased or otherwise received, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.