Joey's Hot Sauce Terms of Service
1. USE OF THE APP; (i) To most easily use the App, you should first install a web browser. You will also need to use an electronic wallet, which will enable you to purchase Non-Fungible Tokens on the Cardano blockchain network (the “Cardano Network”). (ii) Security. You are responsible for the security of your devices and for your electronic wallets. (iii) Purchase. Using the App, you will be provided the opportunity to purchase an NFT. One you have selected the NFT that you wish to purchase, to reserve your purchase, you will submit the public key of your electronic wallet. You will then use your electronic wallet to send the payment to the wallet address specified by the App. Once confirmation of payment has been received, your wallet will receive the NFT that you have purchased. Transactions that take place on the App are managed and confirmed via the Cardano Network. You understand that your Cardano Network public address will be made publicly visible whenever you engage in a transaction on the App.
2. PAYMENT, TRANSACTION FEES, AND TAXES (i) Financial Transactions on App. Any payments or financial transactions that you engage in via the App will be conducted solely through the Cardano Network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the App, or any other payment or transactions that you conduct via the Flow Network. We do not provide refunds for any purchases or overpayments that you might make on or through the App. (ii) Transaction Fees. Every transaction on the Cardano Network requires the payment of a transaction fee (each, a “Transaction Fee”). The Transaction Fees fund the network of computers that run the decentralized Cardano Network. This means that you will need to pay a Transaction Fee for each transaction that you instigate via the App. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Transaction Fee for any transaction that you instigate via the App. (iii) Responsibility for Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the App. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Transaction Fees) made to us pursuant to these Terms.
3. OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS For the purposes of this Section 3, the following capitalized terms will have the following meanings: “Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with a NFT that you Own. “Own” means, with respect to a NFT, a NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the Cardano Network. (i) Ownership of NFT. Because each NFT is an NFT on the Cardano Network, when you purchase a NFT in accordance with these Terms, you own the underlying NFT completely. This means that you have the right to swap your NFT, sell it, or give it away. Ownership of the NFT is mediated entirely by the Cardano Network. (ii) We Own the App. You acknowledge and agree that we (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the App, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the App (collectively, the “App Materials”)). You acknowledge that the App Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All App Materials are the copyrighted property of us. (iii) No User License or Ownership of App Materials. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other App Materials that you may access on or through the App. We reserve all rights in and to the App Materials that are not expressly granted to you in these Terms. (iv) User Feedback. You may choose to submit images, comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the App (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
4. CONDITIONS OF USE AND PROHIBITED ACTIVITIES You agree that you are responsible for your own conduct while accessing or using the app, and for any consequences thereof. You agree to use the app only for purposes that are legal, proper and in accordance with these terms and any applicable laws or regulations. (1) involve exploiting the App for any unauthorized commercial purpose; (2) involve modifying, adapting, translating, or reverse engineering any portion of the App; (3) involve removing any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (4) involve reformatting or framing any portion of the App; (5) involve accessing or using the App for the purpose of creating a product or service that is competitive with any of our products or services; (b) in any manner: (1) involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”); (2) involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the App (including, without limitation, purchases of NFTs); (3) involve acquiring NFTs through inappropriate or illegal means; or (4) otherwise involve or result in the wrongful seizure or receipt of any NFTs or other digital assets. Notwithstanding the foregoing, however, if we reasonably believe that you are engaged in any of the prohibited activities, we reserve the right, at our sole and absolute discretion, without notice or liability to you, to take any or all of the following actions: (a) to deem any transaction that took place via or as the result of such activities to be void; and/or (b) to immediately confiscate any NFTs that were purchased or acquired as the result of such activities.
5. TERMINATION (i) You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate access for the App without the provision of prior notice. You agree that we will not be liable to you or to any third party for any such suspension or termination. (ii) We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information stored in the App. You waive and hold us and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors harmless from any and all claims resulting from any action taken by us and any of the foregoing parties relating to any investigations by either us or such parties or by law enforcement authorities.
6. DISCLAIMERS You expressly understand and agree that your access to and use of the app is at your sole risk, and that the app is provided "as is" and "as available" without warranties of any kind, whether express or implied. to the fullest extent permissible pursuant to applicable law, we make no express warranties and hereby disclaim all implied warranties regarding the app and any part of it, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. without limiting the generality of the foregoing, we do not represent or warrant to you that: (i) your access to or use of the app will meet your requirements; (ii) your access to or use of the app will be uninterrupted, timely, secure or free from error; (iii) the app or any content, services, or features made available on or through the app are free of viruses or other harmful components; or (iv) that any data that you disclose when you use the app will be secure. some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you. You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence. We will not be responsible or liable to you for any losses you incur as the result of your use of the Cardano network, or your electronic wallet, including but not limited to any losses, damages or claims arising from: (i) user error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted wallet files; or (iv) unauthorized access or activities by third parties, including, but not limited to, the use of viruses, phishing, brute-forcing or other means of attack against the app, the Cardano network, or any electronic wallet. NFTs are intangible digital assets that exist only by virtue of the ownership record maintained in the Cardano network. All transactions are conducted and occur on the decentralized ledger within the Cardano network. We are not responsible for losses due to blockchains or any other features of the Cardano network, or any electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Cardano network, including forks, technical node issues, or any other issues having fund losses as a result.
7. LIMITATION OF LIABILITY You understand and agree that we will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, diminution of value or any other intangible loss, even if we have been advised of the possibility of such damages. You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the app, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of the amounts you have actually and lawfully paid us under these terms in the two (2) month period preceding the date the claim arose. You acknowledge and agree that we have made the app available to you and entered into these terms in reliance upon the representations and warranties, disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between us and you and form an essential basis of the bargain between us and you. we would not be able to provide the app to you without these limitations.
8. ASSUMPTION OF RISK (i) Value and Volatility. The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFTs purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the ecosystem may materially impact the value and desirability of any particular NFT. (ii) Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the App. (iii) Use of Blockchain. The App does not store NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the Cardano network. Any transfer of NFTs occurs within the supporting blockchain in the Cardano network, and not on the App. (iv) Inherent Risks with Internet Currency. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Cardano Network, however caused. (v) Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the App's ecosystem, and therefore the potential utility or value of your NFTs. (vi) Software Risks. Upgrades to the Cardano Network, a hard fork in the Cardano Network, or a change in how transactions are confirmed on the Cardano Network may have unintended, adverse effects on all blockchains using the Cardano Network’s NFT standard, including the App's ecosystem.
9. INDEMNIFICATION You agree to hold harmless and indemnify us and our officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys' fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the App; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that we will have control of the defense or settlement of any such claims.
10. FORCE MAJEURE (i) Force Majeure Events. We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labour stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control. (ii) Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 11, we may thereafter terminate these Terms upon fifteen (15) days' written notice.
11. CHANGES TO THE APP We may continue to update the App to help provide the best possible experience. You acknowledge and agree that the form and nature of the App, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the App at any time without notice.
12. CHILDREN You affirm that you are over the age of 18. The App is not intended for children under 18. If you are under the age of 18, you may not use the App. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the App.
14. GENERAL (i) Entire Agreement. These Terms constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the App, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the App, whether oral or written. (ii) No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you (iii) Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. (iv) Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. (v) No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative. (vi) Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of Wyoming and the federal laws of the United States applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction). (vii) Venue. Subject to Section 15 of these Terms, any legal action or proceeding arising under these Terms will be brought exclusively in the State of Wyoming, and we and you irrevocably consent and attorn to the personal jurisdiction and venue there. (viii) Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.