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Great big beautiful tomorrow Corp

Terms of Service

Last Updated: October 9, 2023

Terms of Service
Community Standards
Digital Asset Policy

These terms of service together with the policies identified in Section 2 below (collectively referred to as the “Terms of Service”) constitute a legally binding agreement between you and Great Big Beautiful Tomorrow Corp. (“GBBT”, “we” or “us”) us and serve to define the terms on which you may make use of our website www.themysterysociety.xyz and any other games, products or services of GBBT (collectively, our “Site”). Use of our Site includes accessing, browsing, or registering to use our Site. The information on our Site is for personal, non-commercial use only. By using our Site, or any other products or services of GBBT, you are indicating that you have read and accepted these Terms of Service and the documents referred to below. If you do not agree to these Terms of Service you may not use the Site.

If you subscribe to our Site through a corporate or other group membership, the words “you” or “your” in these Terms of Service policy may apply (with the exception of references to notices or other communications from us or to payment and renewal matters) to each member of your corporate or other group membership account.

Please read these Terms of Service carefully before you use our Site, and check back frequently for any changes hereto.

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other applicable terms

These Terms of Service refer to the following additional terms, which also apply to your use of our Site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing, and you warrant that all data provided by you is accurate.
  • Our Community Standards, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our Site.

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Registration, Account and Password

In order to access certain Site and the content on the site (the “Site Content”) and other products and services of GBBT, you may have to create an account. If we elect to open the site to registration, you may be asked to provide a username, password and/or other information as part of our security procedures. You must treat such information as confidential. In particular, you are responsible for the privacy and safety of your password and you agree not to disclose it to any third party. By becoming a member (i) you agree to immediately notify us of any unauthorized use of your password, (ii) you warrant that all information provided by you (whether at time of registration or afterwards) is accurate, true and complete at the time it is given; (iii) you consent to the use of electronic means to provide you with any notices given pursuant to these Terms of Service, and (iv) you consent to the use of electronic records to store information related to our Site or Terms of Service.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service, or we believe such information has been compromised. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at legal@greatbigbeautifultomorrow.xyz.

We have the right to block, deny or restrict your access to any forums or community pages at any time for any reason, including without limitation, any misuse, use in any manner inconsistent with this Agreement or inappropriate conduct, or violations of our Community Standards, or that misappropriates or violates a third party’s any rights, or rights of publicity or privacy.

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Changes to These Terms and the Site

We may modify any of these Terms of Service at any time by amending this page and we may at any time amend any of our policies referred to in these terms under Other Applicable Terms. Such amended Terms of Service and any amended policies shall govern our relationship. By continuing to access or use our Site after such modification of these terms, you agree to be bound by the modified Terms of Service. If any modified Terms of Service or modified policies are not acceptable to you, your sole remedy is to cease using our Site. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Further, we may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

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Accessing our site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with all of them.

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Intellectual property rights

We are the owner or the licensee of, or otherwise have permission to use, all intellectual property rights on our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

YOU MAY NOT REPRODUCE ANY OF THE SITE CONTENT OR PORTION THEREOF FOR ANY PUBLIC OR COMMERCIAL PURPOSES (INCLUDING ON YOUR OWN SITE, IN SOCIAL MEDIA, OR OTHERWISE) WITHOUT OBTAINING A WRITTEN LICENSE FROM GBBT.

We reserve the right to grant or withhold such license in our sole discretion. If you wish to make any use of content on our Site other than that set out above, please contact legal@greatbigbeautifultomorrow.xyz.

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Disclaimers

GBBT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS GBBT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GBBT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GBBT OR LAW ENFORCEMENT AUTHORITIES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) 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" AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.

Note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

If there are other websites and resources linked on our Sites, these links are provided only for the convenience of our users. We have no control over the content of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GBBT, its affiliates, and its and their officers, directors, employees, subsidiaries and/or affiliates, are not responsible for any content posted by any user. We do not investigate, monitor or check for accuracy or completeness of such content. You understand that by using the Site/community pages, you may be exposed to other users content that is offensive, indecent, or objectionable.

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Limit of liability

To the maximum extent permitted by law, in no event shall GBBT be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the site and related services, whether or not GBBT has been advised of the possibility of such damages or from any communications, interactions or meetings with other users of the Site or Services, on any theory of liability (including contract, tort including negligence, or howsoever otherwise) arising out of, in connection with, or resulting from the Services. GBBT’S aggregate liability for all claims relating to The Services shall in no event exceed the greater of $500 or the amount paid by you to GBBT for the 12 months preceding The Services in question.

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RIghts you License

When you upload or post content to our Site, you grant the following licenses to us: to modify, electronically reproduce and distribute, and publicly perform and display the content on our Site; and to reproduce and distribute through any media now known, or hereafter developed, excerpts of the content in advertisements for, and in marketing and promotional materials related to, our Site.

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Harmful activity

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

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Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. These rules and privileges regarding linking to our Site apply equally to each member of your corporate or other group membership account.

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Third Party Links, SPonsorships and Resources in our Site

Where our Site contains links to other Sites, sponsorships and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites, sponsorships and resources, and disclaim all liability therefor.

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Indemnification

You agree to defend, indemnify, and hold us (and our officers, directors, employees and agents), harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable attorney’s fees and costs, arising from of or in any way connected with (i) access to or use of our Site by you and/or any member of your corporate or group membership or (ii) violation by you and/or any member of your corporate or group membership of these Terms of Service or of any third party right (for example but without limitation, an intellectual property right, publicity, confidentiality, property or privacy right).

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Arbitration and Class Action Waiver

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GBBT.

For any dispute with Real vision, you agree to first contact us at legal@greatbigbeautifultomorrow.xyz and attempt to resolve the dispute with us informally. In the unlikely event that Real vision has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in accordance with the Rules of Arbitration of the Cayman Islands Chamber of Commerce in force at the time of the dispute. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be in the Cayman Islands, and the language of the arbitration shall be English. The arbitrator shall apply the laws of the Cayman Islands in adjudicating the dispute, without regard to its conflicts of laws principles. The parties agree that the arbitration proceedings and any related documents, including awards, shall be kept confidential and not disclosed to any third party, except as may be required by law or for the purpose of enforcing or challenging the award. The arbitral award shall be final and binding on the parties, and any judgment upon the award may be entered in any court having jurisdiction thereof. This arbitration clause shall survive the termination or expiration of our agreement with you.

CLASS ACTION/JURY TRIAL WAIVER. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GBBT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND

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General

  • Applicable Law: These Terms of Service, its subject matter and its formation, are governed by the laws of California, United States. You and we both agree to that the courts of Los Angeles, California will have exclusive jurisdiction.
  • Severability and Waiver: If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions will continue to be of full force and effect. Our election not to enforce (immediately or otherwise) any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

Contact us

If you have any questions about these Terms or the Services, please contact GBBT at: legal@greatbigbeautifultomorrow.xyz

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Address:

Great Big Beautiful Tomorrow Corp, 423 Primrose Avenue, Monrovia, CA 91016

Thank you for visiting our site.

Mystery Society Community Standards

Welcome to the Mystery Society community!

Our primary goal with Mystery Society is to foster a fun, safe space for gaming and socializing, as outlined in our Community Standards. So as you embark on this digital journey with us, it's essential to remember that behind every username and avatar lies a real person with feelings, perspectives, and experiences. Our Community Standards are not merely a list of rules but a commitment to cultivating a respectful, inclusive, and positive environment for everyone. By engaging with our game, app and website (together, our “Community”), you pledge to uphold these standards, ensuring that our community remains a haven for all.

Let's create, connect, and collaborate with kindness and understanding at the core.

Our community standards, in short
Enjoyment, Above All Else
Members Shall Behave in a Civilized Manner
Cheating is Impermissible, and May Lead to Expulsion
Discourse of 
Filthy Lucre is Considered Gauche.
general rules explained

For Mystery Society to remain an enjoyable, safe, and inclusive platform for all, your content should adhere to the following principles:

Enjoyment, Above All Else

  • We hope that as you enjoy The Mystery Society, you let us know what you think and tell us when something isn’t giving you a good time—so we can fix it.

Members Shall Behave in a Civilized Manner

  • Privacy Matters - Do not share, solicit, or exploit personal data through the Community or any related naming/descriptions. The privacy of others is paramount. Misrepresenting oneself as another, be it a user, celebrity, or a Great Big Beautiful Tomorrow employee, is strictly prohibited.
  • Celebrate Diversity and Promote Positivity - Mystery Society embraces everyone regardless of race, ethnicity, color, religion, gender identity, sexual orientation, planet affiliation, ability, and origin. Content should never be derogatory or demeaning towards any group. Do not engage in hateful speech or hateful symbols, depictions, or content that glorifies violence.
  • Age-Appropriate Content - As an all-age game, content should be suitable for all ages, and not contain material that you would not expect to see on morning television.
  • Intellectual Property Rights. – Always respect third party intellectual property rights. Do not use infringing material. Only share content you have the right to, keeping in line with the Mystery Society EULA.
  • Walled Garden - External links outside of the Community are prohibited.
  • Flagging Bad Behavior. If you find behavior that is unbecoming to the goal of sharing ideas and opinions in good faith, feel free to let us know. We’re always happy to jump in. Examples of unhelpful content that may be subject to removal or a temporary or permanent ban:
  • Insults or personal attacks on individuals
  • Overt promotions to outside content – Irrelevant or not summarized to show relevance
  • Phishing attempts via private messages or the promotion of illegal activity
  • Racist, sexist, or ageist comments, or any other forms of hate speech
  • Sexual or pornographic material
  • Threatening language or material that promotes violence
  • Body shaming or negative comments regarding a person's physical appearance
  • Jokes about mental health, or any other banned content
  • Debates about theology or religion irrelevant to Mystery Society content

Cheating is Impermissible, and Shall Lead to Expulsion

  • No Cheating – Do not cheat, or promote cheats, including any exploits, glitches, or server crashes.

Discourse of Filthy Lucre is Considered Gauche.

  • Safety First – You mustn’t promote or engage in illegal activities, name calling, harassment, threatening, doxing, swatting, gambling, discussions or actions related to illegal drugs, fraud, abuse, hacking, piracy or any criminal activity. Violent threats or language of any type will not be tolerated.
  • No Bullying or Profanity Allowed - Respect all participants in your creative space. Any form of predatory, intimidating, lewd, or abusive behavior is unacceptable. Do not use obscene text or symbols, nor spelling variations, or visual depictions of text aimed at evading these rules.
Other terms you should know

While enjoying Mystery Society, remember you're under the umbrella of the Mystery Society Terms of Service

What happens if you break the rules?

When we are made aware of any violations of the community standards, we have the right to take protective measures. In determining the appropriate response we'll consider factors like the nature and severity of the violation, the user’s history and the harm or potential harm caused. Recourse might include anything from a simple warning to a temporary or permanent ban of your use of the Community, game and/or app, as we determine appropriate in our sole discretion.

Digital Asset Terms

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Great Big Beautiful Tomorrow’s game Mystery Society (the “Game”) may include the ability for players to access, mint, purchase and sell digital assets in the form of either non-fungible tokens (“NFTs”) or fungible tokens issued on a specific blockchain (together, the NFTs and other tokens are simply referred to as “Tokens”). Access to and use, minting, purchase and sale of such Tokens are subject to these Digital Asset Terms (“Terms”).

If you subscribe to our Site through a corporate or other group membership, the words “you” or “your” in these Terms of Service policy may apply (with the exception of references to notices or other communications from us or to payment and renewal matters) to each member of your corporate or other group membership account.

Please read these Terms of Service carefully before you use our Site, and check back frequently for any changes hereto.

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Game rules

You may be able to use the Game to take certain actions (“Plays”) in connection with one or more Tokens that results in a swap, trade, or other exchange of that Token for a modified, new, or otherwise different Token. A Token that you receive in connection with or as a result of a Play may have different traits than the Token that you used in such Play, such as traits that represent different elements of rarity or “level” status. GBBT does not represent that any Token that you receive from a Play will have similar or equivalent attributes or value to the Token that you originally used in such Play. GBBT shall have no liability to you in connection with (i) any Token that you use in a Play, or (ii) any Token that you receive in connection with a Play. In some instances, a Play may result in a Token being sent to a null address, erased, or otherwise rendered unusable, in each case in accordance with the then-current functionality of the Game and any in-game supplemental terms. Any action that results in such Token being irrevocably modified or “burned” is permanent and irreversible. You acknowledge and agree that GBBT shall not be liable to you in connection with any Token that is irrevocably modified and/or burned as a result of or in connection with your use of the Game.

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Connecting your wallet

There are multiple ways to obtain Tokens within the Game. They may be earned, traded for or purchased in the Game, as determined in the sole discretion of GBBT. In order to access and use the Tokens, you must have and connect your digital wallet (“Wallet”) supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Game. Wallets allow you to purchase, store, and engage in transactions using the native Game blockchain, Polygon. When you link your Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as Tokens or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of Tokens and/or other assets held in your Wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). GBBT is not responsible for managing and maintaining the security of your Wallet. GBBT has no responsibility or liability to you for any unauthorized access to or use of your Wallet or if you are unable to locate your credentials.

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Purchasing and selling tokens

The entity or person that purchases a Token is referred to as the “Purchaser,” whether the initial purchaser or a secondary purchaser. When each Token is sold for the first time, the agreement for sale is between GBBT and the initial Purchaser. If initial Purchaser decides to sell a Token (“Secondary Sale”), then GBBT is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale, but (a) the applicable Token License as set forth herein will automatically transfer to such subsequent Purchaser, and such other subsequent Purchasers will be subject to these Terms, and (b) you, as the seller or transferor of such Token, will cease to have any further rights to such Token or underlying Token intellectual property. By placing a Token purchase order on the site or through the Game (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a Token, you agree to pay all applicable ”gas” and other fees associated with the transaction, and if GBBT is the seller, you authorize GBBT to automatically charge and collect such fees from your payment instrument or Wallet. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

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Intellectual Property Ownership of Tokens

When a Purchaser acquires a GBBT NFT, the Purchaser owns all personal property rights to that NFT (e.g., the right to display, sell, transfer, or otherwise dispose of that NFT). Such rights, however, do not include the ownership of the intellectual property rights in the “Underlying Art” which means the artistic renderings and images of the NFTs and the underlying creative elements and components that form them, such as the various visual options under each category. GBBT reserves the exclusive right to: (i) register and otherwise protect all intellectual property and other rights in the Underlying Art and in any GBBT trademarks and (ii) enforce the intellectual property rights in the Underlying Art and in any GBBT trademarks.

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NFT License

  • License. Subject to your compliance with these Terms, GBBT hereby grants to you, for so long as you own a NFT (as recorded on the relevant blockchain), a non-exclusive, worldwide, royalty-free, revocable license, with no right to sublicense, to use, copy, display the Underlying Art linked to your purchased NFT for the following purposes: (i) in connection with the Game, (ii) for your own personal, non-commercial use (e.g., home display, display in a virtual gallery, or as a social media avatar), and you may create a reasonable number of back-up copies and a physical print out, each to be retained only for so long as you own the associated NFT; and (iii) to sell or otherwise transfer the associated NFT consistent with the ownership of it (e.g., posting a sales listing on a Token marketplace) and these Terms.
  • No Commercial Use. Commercial use of the NFTs or Underlying Art without the prior written consent of GBBT is not allowed. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with the NFTs without prior written approval. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without GBBT’s express prior written consent in each case: (i) modify the Underlying Art for your NFT in any way; (ii) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize or create, sell or distribute merchandise that includes, contains, or consists of the Underlying Art for your NFTs. The restriction in this Section will survive the expiration or termination of this License.

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Disclaimers, Limitations of Liability

  • Disclaimers. OUR ACCESS TO AND USE OF THE TOKENS AND UNDERLYING ART IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GBBT, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, HANDSOME LAWYERS, AGENTS, LICENSORS AND EQUITYHOLDERS (THE “GBBT ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE TOKENS AND UNDERLYING ART. THE GBBT ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE TOKENS AND UNDERLYING ART; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND (C) WHETHER THE TOKENS AND UNDERLYING ART WILL MEET YOUR REQUIREMENTS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE TOKENS AND UNDERLYING ART. THE TOKENS AND UNDERLYING ART ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
  • Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE GBBT ENTITIES BE LIABLE (A) FOR ANY INDIRECT,SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR GAME, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE TOKEN OR THE UNDERLYING ART), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE TOKENS AND UNDERLYING ART OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE GBBT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE TOKENS AND UNDERLYING ART. THE MAXIMUM AGGREGATE LIABILITY OF THE GBBT ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED $100. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
  • Assumption of Risk. THE VALUE OF THE TOKEN IS SUBJECTIVE, HAS NO INHERENT VALUE AND THEREFOR CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE TOKEN AND UNDERLYING ART. PLEASE NOTE SPECIFICALLY: THERE ARE RISKS ASSOCIATED WITH BUYING, TRADING, AND HOLDING DIGITAL ASSETS. VOLATILITY IN VALUE IS HIGHLY LIKELY, AND SOME OF THE PROTOCOLS AND TOKENS MAY FAIL ENTIRELY DUE TO FORKING, FLAWS IN THE CODE, HACKING OR OTHER MALICIOUS ATTACKS. YOU SHOULD INDEPENDENTLY CONSIDER ALL RISKS AND WARNINGS CAREFULLY AND SEEK APPROPRIATE PROFESSIONAL ADVICE BEFORE MAKING ANY DECISION TO BUY OR TRADE ANY DIGITAL ASSETS.
  • Additional Liability. The Purchaser is solely responsible for determining what, if any, taxes apply to Purchaser’s purchase, sale, or transfer of a Token. GBBT is not responsible for determining or paying the taxes that apply to such transactions. GBBT does not store, send, or receive cryptocurrency assets. Any transfer of cryptocurrency assets occurs within the supporting blockchain that is not controlled by GBBT. Transactions of the Tokens may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions of the Tokens shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Purchaser initiated the transaction. Digital assets, including blockchain based assets such as the Tokens, are subject to developing laws and regulations throughout the world. Transactions involving the Tokens may rely on third-party platforms to perform transactions. If GBBT is unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if GBBT violates or cannot comply with the Terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and interactions of the Tokens may suffer.
  • Right to Revise, Interpret and Clarify. You recognize that the grant of rights reflected in these Terms and corresponding reservation of rights are novel and uncodified by law in many instances, and unforeseen circumstances may require clarification, interpretation and/or revision of the Terms. As such, GBBT reserves the right to interpret and clarify these Terms in relation to such circumstances in its sole and exclusive discretion, and sufficient notice will be deemed given once the Terms are published here. So please check back frequently.

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Dispute Resolution

You and GBBT each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof of the Token transaction (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and GBBT agree that the California Law governs the interpretation and enforcement of this Agreement, and that you and GBBT are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. As limited exceptions to the Section above: (i) both parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) both parties each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. The arbitration will be conducted by JAMS under its JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this Agreement. Any arbitration hearings will take place in Los Angeles, California, unless we both agree to a different location but, in any case, any such arbitration will be conducted remotely to the extent permitted by the JAMS Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

  • Class Action Waiver. YOU AND GBBT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
  • Severability. With the exception of any of the provisions in Section of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

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Termination of License

If you materially breach any of the provisions of these Terms, GBBT may terminate all of the licenses granted to you under these Terms. GBBT will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is actually received. Upon the termination of your licenses, you shall cease all use of the rights granted herein. The following sections shall survive the termination of these Terms and shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by GBBT or you: Sections 3 through and including 9. Termination will not limit any of GBBT’s other rights or remedies at law or in equity.

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Miscellaneous. Legal Stuff.

These Terms constitute the entire and exclusive understanding and agreement between GBBT and you regarding the Tokens and Underlying Art and supersedes and replaces any and all prior oral or written understandings or agreements between GBBT and you regarding the Token and Underlying Art. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by GBBT. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Failure to promptly enforce a provision of this Agreement will not be construed as a waiver of such provision. Nothing contained in this Agreement will be deemed to create, or be construed as creating, a joint venture or partnership between the parties. Neither party is, by virtue of this Agreement or otherwise, authorized as an agent or legal representative of the other party. Neither party to this Agreement is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf or in the name of the other party, or to bind such other party in any manner. Nothing contained in this Agreement will be deemed to create any third-party beneficiary right upon any third party whatsoever. Each of the parties acknowledges that it has had the opportunity to have this Agreement reviewed or not by independent legal counsel of its choice. Neither party will be afforded or denied preference in the construction of this Agreement, whether by virtue of being the drafter or otherwise. Purchaser may give notice to GBBT by contacting GBBT at legal@greatbigbeautifultomorrow.xyz.

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