1. Introduction
Welcome to the Bugatti NFT Project.
These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, or “user(s)”) and The Bugatti Group Inc., and its subsidiaries and affiliates (“Bugatti”, “we”, “us”, or “our”), concerning your access to and use of the website located at bugatticollectionsnft.com (the “Site”). Through the Site, you are permitted to purchase non-fungible tokens (“NFTs”) created by or on behalf of the Bugatti NFT Project. All NFTs are originally minted by Bugatti (“Bugatti NFT”). Bugatti NFTs will have certain traits, features, perks or other similar characteristics (the “Utility” of a Bugatti NFT) that may be accessible to the person who possesses the Bugatti NFT (the “NFT Holder”) in accordance with these Terms.
BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AND OUR PRIVACY POLICY, FOUND HERE , AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. FURTHER, ALL ORDERS, PURCHASES OR TRANSACTIONS FOR THE SALE OF GOODS MADE USING THIS SITE ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE, FOUND AT [INSERT LINK TO STANDARD WEBSITE TERMS], WHICH ARE INCORPORATED INTO THESE TERMS. ADDITIONAL TERMS AND CONDITIONS MAY BE APPLICABLE TO THE CLAIMING OR REDEMPTION OF A UTILITY, AND ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS, USE, OR TRANSACT ON THE SITE. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT BUGATTI IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. YOU FURTHER REPRESENT AND WARRANT THAT YOU WILL NOT USE THE SITE TO CONDUCT ANY ILLEGAL OR ILLICIT ACTIVITY.
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review these Terms to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Site, and the Site, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
2. Additional Terms and Conditions
To participate in, access, or use certain services you may be required to agree to additional or different terms and conditions (“Additional Terms”), including those applicable to third party sites or services.
All transactions are processed through third party sites (“Third Party Sites”), which are governed by and subject to the Third Party Sites’ Additional Terms and any other Additional Terms applicable to that specific transaction. You acknowledge that we have no control over a payment or transaction and do not have the ability to reverse any payment or transaction. We do not necessarily endorse any Third Party Sites, services, or products. You acknowledge and agree that such Third Party Sites are accessed at your own risk and such risk includes, without limitation, any resulting tax reporting, compliance or payment obligations.
3. Accessing the Site
You do not have to create an account to use or access the Site. However, to access certain services, including purchasing a Bugatti NFT, or displaying, storing, trading and selling your Bugatti NFT, you may be required to link a your digital wallet to our Site. Our Site lists the digital wallets we support to allow you to purchase, store and engage in other transactions involving Bugatti NFTs. Your use of any of the digital wallet we support is at your own risk and subject any applicable Additional Terms.
You are responsible for all use of your digital wallet and for any actions that take place using your digital wallet, whether by you or by another person. If your private key(s) or other access credentials are lost, you may lose access to your Bugatti NFT(s). We are not responsible for any such losses, including, but not limited to, losses arising from Third Party Sites.
4. Purchasing Bugatti NFTs
You can purchase a Bugatti NFT by using one or more currencies or cryptocurrencies that we accept, as we may elect to accept from time to time. Bugatti is under no obligation to accept cryptocurrency as a form of payment, and we retain the right in our sole discretion to determine what currencies or payment options to accept at any time. By purchasing a Bugatti NFT, you acknowledge and agree that your purchase of such complies with the laws and regulations that apply in your jurisdiction The price for each Bugatti NFT will be determined by us in our sole discretion. Additionally, we retain the right to limit the number of Bugatti NFTs available on the site and well as the number of transactions on the Site. We cannot guarantee that a particular Bugatti NFT will be available for purchase at the time you seek to purchase one.
If you purchase or otherwise have a Bugatti NFT made available to you through our Site, such Bugatti NFT will be minted directly into your wallet. We never hold custody or take ownership or possession of your Bugatti NFT. You acknowledge and agree that if you obtain a Bugatti NFT outside the Site, you obtain such Bugatti NFT at your own risk. You acknowledge that the transactions completed through the Site may be publicly visible on the Ethereum blockchain.
Payments are handled by Third Party Sites. You acknowledge and agree that Bugatti is not responsible for the success or security of transactions undertaken or processed by such Third Party Sites. You further acknowledge and agree that Bugatti has no liability to you or to any third party for any claims or damages that may arise as a result of your payment or attempted payment for a Bugatti NFT, including, but not limited to, instances where your payment was not properly processed on the Ethereum blockchain. It is solely your responsibility to confirm that your payment for a Bugatti NFT has been properly accepted. We do not provide refunds for any Bugatti NFT purchases that you might attempt or complete on or through the Site.
5. Fees
You are responsible for all payments, fees and costs when engaging in any transactions related to the initial purchase or subsequent sale of your Bugatti NFT, including, without limitation, the payment of: the purchase price, transaction fees, and all other fees associated with your use the Site, the purchase of a Bugatti NFT, or the services of Third Party Sites.
Transaction fees for which you are responsible include “Gas Fees,” which are transaction fees required on the Ethereum blockchain. When you purchase a Bugatti NFT or seek to transfer your Bugatti NFT via a Secondary Marketplace (as defined below), you may incur Gas Fees. Gas Fees are not paid to Bugatti and often fluctuate based on a number of factors. You are responsible for ensuring your digital wallet has a balance that is sufficient to cover your purchase, any Gas Fees, or any other transaction cost.
You may have the limited right to sell or transfer your Bugatti NFTs on certain smart-contract enabled, third-party secondary marketplaces, platforms and exchanges where users can sell, purchase, transfer, list for auction and bid on NFTs (each a “Secondary Marketplace”). We do not monitor or control any Secondary Marketplace purchases or sales, or any other Secondary Marketplace activity; however, we may sell Bugatti NFTs through a Secondary Marketplace. Bugatti NFTs may not be compatible with all Secondary Marketplaces, and we make no guarantee about the availability or functionality of any Secondary Marketplace. You acknowledge and agree that all Bugatti NFTs purchases, transfers, and sales involving a Secondary Marketplace (“Secondary Marketplace Transaction” and such Bugatti NFTs “Resold NFTs”) will be entirely at your sole risk. We are not a party to any agreement you may have with a Secondary Marketplace, even if the Resold NFT was initially purchased via our Site and even if we receive a Resale Fee (as defined below).
If you engage in a Secondary Marketplace Transaction, you may be subject to a royalty fee, as determined by us in our sole discretion (“Resale Fee”). Such Resale Fee may be automatically deducted from any proceeds you receive from a completed Secondary Marketplace Transaction. We reserve the right to determine the amount of the Resale Fee applicable to any Secondary Marketplace Transaction and such Resale Fees are collected and distributed to us at the time such transaction is completed. In addition to the Resale Fee that we may charge you, third parties may also charge you fees to carry out Secondary Marketplace Transactions.
6. Bugatti NFT Utility
All Bugatti NFTs are originally minted by Bugatti. Bugatti NFTs will have certain traits, features, perks or other similar characteristics (the “Utility” of a Bugatti NFT) that may be accessible to the person who possesses the Bugatti NFT (the “NFT Holder”). We will determine and display in our Site catalogue the Utilities linked to each Bugatti NFT. An NFT Holder will be able to view the Utilities of each Bugatti NFT by browsing our Site catalogue, or by searching for specific Bugatti NFTs through our search bar. Users will also be able to see the Utilities of their own Bugatti NFTs when they sign into the Site with their digital wallet and view their dashboard which is described in more detail in section 7 below.
Certain Utilities associated with Bugatti NFTs may be claimed by their NFT Holder once, after which that Utility is considered claimed (“Claimed”). For example, certain Bugatti NFTs grant the NFT Holder a Utility that enables them to Claim a a physical product only once, after which time that Utility no longer exists (i.e. the physical product associated with that Bugatti NFT cannot be Claimed again). People who purchase Bugatti NFTs on a Secondary Market are therefore responsible for confirming whether the Rarities that may be linked to the Bugatti NFT still exist. If the Utility has been Claimed, it cannot be claimed again by subsequent NFT Holders. As set out in the Assumption of Certain Risks section below, you acknowledge and agree that the risk of acquiring, holding or using a Bugatti NFT, obtaining any Rarities associated with a Bugatti NFT, or transferring your Bugatti NFT to another person, rests entirely with you.
7. Claiming Bugatti NFT Rarities
When you purchase a Bugatti NFT, it will be sent to your digital wallet. Upon connecting your digital wallet to the Site you will be prompted to view a dashboard that allows to click on buttons that say “Blend” or “Claim”. Clicking the “Blend” button may allow you to obtain a new Bugatti NFT with different Utilities. . By clicking the “Claim” button you will be prompted to provide us with the information we need to send you the Utilities linked to your Bugatti NFT. For example, for a Utility that is linked to a physical good, you will be directed to an order page where you can provide us the information we need to send the linked physical product to you.
8. Your Use of the Site
Your use of the Site is subject to all applicable provincial, territorial and federal laws and regulations. You may not access or use the Site for any purpose other than that for which we make it available to you. The Site may not be used in connection with any commercial endeavors except as agreed to in a binding legal contract with Bugatti. Without limitation, you represent and warrant that your use of the Site and Bugatti NFTs will not involve (and will not allow any third party to be involved in):
9. Intellectual Property Rights
In connection with a Bugatti NFT that you Own (as defined below), and subject to your compliance with these Terms, Bugatti hereby grants you a non-exclusive, non-transferable, personal, limited license (without the right to sublicense), to view and display the image(s) and text depicted in the Bugatti NFT (“Artwork”), solely for your personal, non-commercial purposes and in connection with a proposed sale or transfer of the Bugatti NFT (“Limited License”). “Own” or “Owned” means, with respect to a Bugatti NFT, one that (i) you originally purchased from Bugatti; or (ii) purchased from a legitimate owner of that Bugatti NFT. Your purchase of a Bugatti NFT means you have full ownership rights, including the right to store, sell, and transfer, in such Bugatti NFT. You acknowledge and agree that your purchase of a Bugatti NFT does not provide any rights, express or implied, in the Artwork associated with the Bugatti NFT (including, without limitation, any copyrights or other intellectual property rights in or to the Artwork) other than those granted by the Limited License described above.
Any use of the Artwork other than as expressly authorized herein, without the prior explicit written permission of Bugatti, is strictly prohibited and shall immediately terminate your right to access and use the Site, the Limited License, and any other rights granted to you by these Terms. Such unauthorized use may also violate applicable laws including intellectual property laws.
You agree that you may not, and will not permit any third party to, do or attempt to do any of the following without Bugatti’s express prior written consent in each case:
The Limited License granted applies only to the extent that you continue to Own the applicable Bugatti NFT. If at any time you sell, trade, donate, give away, or transfer your Bugatti NFT to a new owner, the Limited License shall be transferred to that new owner, and you will have no further rights in or to such Bugatti NFT or its associated Artwork.
10. Errors, Inaccuracies, and Omissions
Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
11. Assumption of Certain Risks
We are not responsible if your Bugatti NFT or any Artwork associated with a Bugatti NFT becomes inaccessible to you for any reason. You acknowledge and agree that we may not provide any application or other service to receive, access, view, or display your Bugatti NFT or the Artwork and do not guarantee you will be able to do so.
You acknowledge and agree that we or any third party on our behalf could make additional copies of, and distribute, the Artwork associated with your Bugatti NFT respectively, and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in such Artwork. You also acknowledge that the Artwork associated with your Bugatti NFT could be copied and distributed by someone else, and that we cannot guarantee that additional copies of the Artwork associated with your Bugatti NFT will not be created by others. By purchasing, holding and using a Bugatti NFT, you expressly acknowledge and assume all associated risks including, but not limited to:
If you have any questions regarding the Site Risks, please email us at Info.nft@bugattigrp.com .
You confirm that you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies to understand these Terms and to appreciate the risks and implications of purchasing a Bugatti NFT.
You acknowledge and agree that there is substantial uncertainty as to the characterization of NFTs and other digital assets under applicable law. You acknowledge and agree that your Bugatti NFT exists only by virtue of the ownership record maintained on the Ethereum blockchain. Any transfer of your Bugatti NFT occurs within the Ethereum blockchain and not on the Site.
You acknowledge and agree that that the price of digital assets is highly speculative and volatile and may be impacted by, among other things, fluctuations in the price of other digital assets. Digital assets also suffer from valuation and liquidity challenges. Bugatti NFT Project does not represent, warrant or guarantee the accuracy or fairness of the price of any Bugatti NFT sold on or off the marketplace, or that any such works will retain or increase their value.
You acknowledge that changes in the regulatory environment may impact our ability to offer Bugatti NFTs. In addition, there are risks associated with the use of third-party decentralized trading platforms, applications or other intermediaries (e.g., exchanges) to hold or convert digital assets (including NFTs) that may be subject to little or no regulation, or that may operate in violation of applicable law.
You acknowledge and agree You are solely responsible for determining what, if any, tax obligations might arise from your transactions. Except as required by law:
12. User-Generated Content
While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. Accordingly, we ask that you not send Proposals to anyone at Bugatti through any communication channel.
If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), post comments, photos, reviews or other content on the Sites, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Bugatti is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments. You may not repost, republish, or redistribute Comments outside of the Sites
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Bugatti as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Bugatti takes no responsibility and assumes no liability for any Comments posted by you or any third party.
13. Notice and Procedure for Making Claims of Copyright Infringement
Bugatti respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on our Site, please provide the following information to our Copyright Agent:
The Site’s Copyright Agent can be reached as follows:
Info.nft@bugattigrp.com
14. Third Party Transactions
Through your use of the Site, you may have the opportunity to engage in commercial or other transactions with other users or third parties. You acknowledge that all transactions relating to any products or services offered by any third party, including but not limited to the payment terms, warranties, guarantees, and delivery terms relating to these transactions, are agreed to solely between the third party and you, and that you will look solely to the involved third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Bugatti shall apply nonetheless. Any warranty that is provided by a third party in connection to any products, services, materials or information from that third party is provided solely by that third party and not by Bugatti.
15. Right to Change the Site>
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
16. Links to Other Websites and Services
The Site may contain links to other websites that are not under Bugatti’s control. Such websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and Bugatti has no responsibility for the linked websites; linking does not constitute an endorsement of any linked website. If you decide to leave the Site by accessing these links, you do so at your own risk and you should be aware that these Terms do not govern other websites. You are responsible for reviewing the applicable terms and policies that apply to your use of amu website to which you navigate from the Site, including privacy and data gathering practices. Links are provided solely for your convenience and information.
17. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
18. Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL BUGATTI NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. .
19. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER BUGATTI NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER BUGATTI NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
20. Assignment
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. These Terms (including, without limitation, the license granted hereunder) is personal to you and shall not be assigned or transferred by you, except to a new owner of the Bugatti NFT as described above. Any other attempt by you to assign, sub-license, or transfer your rights under these Terms shall be null and void
21. TERMINATION
These Terms remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION ON THE SITE OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
22. Governing Law
For Residents of Quebec
The Site and these Terms will be governed by and construed under the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to any conflict of laws rules, or provisions. You agree that any action of whatever nature arising from or relating to these Terms and the Site will be filed only in the courts of the Province of Quebec, district of Montreal. You consent and submit to the personal jurisdiction of such courts for any such action. This shall not preclude us from seeking provisional remedies such as an injunction or other similar recourse from the courts of any jurisdictions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
For all other Users
Unless prohibited by applicable law, the Site and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Site and these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
23. MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Site, or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.