1. ELIGIBILITY AND ACCEPTANCE
The following Terms and Conditions, along with any and all other Terms and Conditions on the website gumbit.xyz, are entered into by You with and between Programmed Success, Inc. and Gumbit by PJ O’Rourke (hereinafter, collectively ”Programmed Success,” ”we,” or ”us”). The following Terms and Conditions, together with any and all documents that are expressly incorporated by reference (collectively, ”Terms and Conditions”), govern Your access to and use of our Services, whether as a guest or a registered user. ”Services” means Gumbit by PJ O’Rourke’s websites, content, tools, apps, functionality, and other services, and ”Platform” refers to all Services collectively, including without limitation the Gumbit by PJ O’Rourke platform available at gumbit.xyz that facilitates interaction with Gumbit by PJ O’Rourke (”NFT Platform”).
By using the Services, You represent and warrant that You are of legal age to form a binding contract with Gumbit by PJ O’Rourke, are not associated with a company providing similar services, and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Services.
2. UPDATES TO THE TERMS; MODIFICATIONS AND TERMINATIONS
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and/or use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Services following the posting of revised Terms and Conditions means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
Without limitation of our other rights, we may introduce, remove and/or modify any content, materials, features, pricing and/or other elements of the Gumbit by PJ O’Rourke Platform at any time in our sole discretion, without notice. We may also terminate the Gumbit by PJ O’Rourke Platform at any time in our sole discretion, without notice. You shall not retain any rights that may have arisen prior to modification or termination, except to the extent expressly required by applicable law.
3. Gumbit by PJ O’Rourke PLATFORM
The Gumbit by PJ O’Rourke website is accessible to the general public for browsing and limited interaction. The Gumbit by PJ O’Rourke Platform gives Purchasers and other registered users (collectively ”Purchasers”) the ability to purchase Gumbit by PJ O’Rourke NFTs. Purchasers are subject to these Additional Terms as well as to the Terms and Conditions that govern access and use of the Website by the general public.
4. Accessing the Services; Account Registration & Security
To use the Gumbit by PJ O’Rourke Platform as a Purchaser, You must have a valid Metamask crypto wallet and a valid Ethereum address. You agree to only use the Gumbit by PJ O’Rourke Platform in connection with the Services that may be provided through the Gumbit by PJ O’Rourke Platform.
Only actual users and prospective users may set up or use a Purchaser account. Actual users and prospective users may set up or use only one Purchaser account per person. In addition, You shall provide us with accurate, complete, and updated registration information upon reasonable request, which may include one or more of the following: Your full legal name, a valid email address that has not been created solely or primarily for access to the Gumbit by PJ O’Rourke Platform, and a valid Ethereum address. Failure to do so shall constitute a breach of these terms. You may not (i) select or use as a name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than You without appropriate authorization; (iii) use as a username, a name that is otherwise offensive, vulgar or obscene; (iv) register for or otherwise obtain, control or operate more than one account; (v) refer more than one email account owned, controlled or operated by You to the Gumbit by PJ O’Rourke Platform; (vi) register for an account with false information, in a fraudulent manner or using information created solely for registration with us or other online services or (vii) evade any of the requirements set forth in the Platform Terms.
We reserve the right to introduce, withdraw or amend websites, or any content, material, product offering or other Services, in our sole discretion without notice. We make no guarantee that the Services will be available at any time, and we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You are responsible for making all arrangements necessary for You to have access to the Services.
5. RELIANCE ON INFORMATION
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, and/or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You and/or any other user (whether registered or a guest) of the Services, or by anyone who may be informed of any of its contents. The Services include content provided by third parties, including materials provided by other third-party service providers, financial institutions, and/or other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Gumbit by PJ O’Rourke, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Gumbit by PJ O’Rourke. We are not responsible, or liable to You or any third-party, for the content or accuracy of any materials provided by any third parties.
6. Updates to the Website
You assume all risk in using the Services. We may update the content on our websites from time to time, but the content is not guaranteed to be complete and/or up-to-date. Any of the material on any website may be out of date at any given time, and we are under no obligation to update such material.
7. DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, AND/OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, AND/OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, AND/OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY WEBSITE LINKED TO THE SERVICES. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, THE WEBSITES, THEIR CONTENT, AND ANY AND ALL FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION Gumbit by PJ O’Rourke NFTS, ARE PROVIDED ON AN ”AS IS” AND ”AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Gumbit by PJ O’Rourke NOR ANY PERSON ASSOCIATED WITH Gumbit by PJ O’Rourke MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AND/OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Gumbit by PJ O’Rourke NOR ANYONE ASSOCIATED WITH Gumbit by PJ O’Rourke REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITES, THEIR CONTENT, AND/OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, AND/OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY OTHER FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, Gumbit by PJ O’Rourke HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE RESALE VALUE OF Gumbit by PJ O’Rourke NFTs, LIKE ALL NFTs, IS VOLATILE, SPECULATIVE AND SUBJECT TO FLUCTUATION, AND THAT YOUR Gumbit by PJ O’Rourke NFT SHOULD THEREFORE NOT BE CONSIDERED AN INVESTMENT, AND YOU DO NOT CONSIDER IT AN INVESTMENT. YOU AGREE TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH ANY CHANGE IN THE VALUE OF YOUR Gumbit by PJ O’Rourke NFT. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OF THE ETHEREUM NETWORK, INCLUDING WITHOUT LIMITATION RISKS POSED BY DISRUPTIONS TO SERVICE, HARDWARE AND SOFTWARE FAILURES, INTERNET CONNECTION FAILURES, MALWARE, AND/OR UNAUTHORIZED ACCESS TO YOUR WALLET BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR CONTENT ON THE Gumbit by PJ O’Rourke SITE OR Gumbit by PJ O’Rourke PLATFORM IS ADVICE OR AN INVITATION TO ENTER INTO AN AGREEMENT FOR ANY INVESTMENT PURPOSE, NOR IS IT AN OFFERING OF SECURITIES OR AN INVITATION TO PURCHASE SECURITIES, SHARES, AND/OR ANY OTHER FINANCIAL PRODUCTS. Gumbit by PJ O’Rourke IS A CREATOR OF ART, IT HAS NOT BEEN REGISTERED OR APPROVED BY ANY FINANCIAL REGULATOR. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PURCHASE OF Gumbit by PJ O’Rourke NFTs IS IN COMPLIANCE WITH APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT NEW GOVERNMENTAL OR FINANCIAL-INDUSTRY REGULATIONS COULD AFFECT THE VALUE OF YOUR Gumbit by PJ O’Rourke NFT OR YOUR ABILITY TO RESELL IT, AND YOU ASSUME ANY AND ALL RISKS ASSOCIATED THEREWITH.
8. Information About You and Your Use of the Services
9. Links from the Services; Third Parties
If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in any third-party product marketplaces and in advertisements, including banner advertisements and/or sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any and all loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to in the Services, You do so entirely at Your own risk and subject to the Terms and Conditions of use for, and privacy policies applicable to, such websites. You will comply with, and You acknowledge that You are subject to, all Terms and Conditions of use for, and privacy policies applicable to, all third parties whose services interoperate with, or are otherwise accessed from, the Services.
10. NFT LICENSE
The license below governs Your rights with respect to any NFTs You purchase through the Gumbit by PJ O’Rourke Platform
”Art” means any art, design, drawing, or other pictorial or graphic work of authorship that may be associated with an NFT that You Own. ”NFT” means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard. ”Own” means, with respect to an NFT, an NFT that You have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain. ”Ownership” means the legal status of a person or entity that Owns a Purchased NFT. ”Extensions” means third-party designs that: (i) are intended for use as extensions of or overlays to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art. ”Purchased NFT” means an NFT that You Own. ”Third-Party IP” means any third-party patent rights (including, without limitation, patent applications and/or disclosures), copyrights, trade secrets, trademarks, know-how and/or any other intellectual property rights recognized in any country or jurisdiction in the world.
You acknowledge and agree that We own all worldwide legal right, title and interest in and to the Art, and all intellectual property rights therein. The rights that You have in and to the Art are limited to those described in this License. We reserve all rights in and to the Art not expressly granted to You in this License. These NFTs can never be reminted or reissued by any one in any way or any manner. The initial minting/sales of the Gumbit by PJ O’Rourke Project, as well as the Gumbit Rejects collection, are the only way in which said Gumbit character can ever be minted/created on any blockchain, whatsoever. Any third party copy cat or further generation of the Gumbit character is a violation of these Terms and Conditions and US Federal Intellectual Property Law.
General Use. Subject to and conditioned upon Your continued compliance with the terms of this License, We grant You a worldwide, non-exclusive, royalty-free license to use, copy, and display the Art associated with Your Purchased NFTs, along with any Extensions that You choose to create or use, solely for the following purposes: (i) for Your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of Your NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art; and/or (iii) as part of a third-party website or application that permits the inclusion, involvement, or participation of Your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art associated with their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application. NO COMMERCIAL USE IS PERMITTED IN ANY NATURE BY ANYONE BUT US, UNLESS EXPLICITY STATED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY PROGRAMMED SUCCESS, INC.
You agree not to use the Art associated with Your Purchased NFTs in connection with images, videos, and/or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others.
The License granted above applies only to the extent that You continue to Own the applicable Purchased NFT. If at any time You sell, trade, donate, give away, and/or otherwise transfer Ownership of Your Purchased NFT for any reason, the License granted will immediately be transferred to the new Owner with respect to that NFT as set forth above and without the requirement of notice, and You will have no further rights in or to the Art associated with that NFT. If You exceed the scope of the license granted, without entering into a broader license agreement with or obtaining an exemption from Us, You acknowledge and agree that: (i) You are in breach of this License; (ii) in addition to any remedies that may be available to Us at law or in equity, We may immediately terminate this License, without the requirement of notice; and (iii) You will be responsible to reimburse Us for any costs and expenses incurred by Us during the course of enforcing the terms of this License against You.
All purchases through our site are governed by these terms and any and all other terms identified on the Platform as applicable to such purchases, including, without limitation. You are responsible for reviewing and agreeing to such terms. If You do not review or do not agree with the applicable terms for online purchases, do not make any purchases through the Services.
When You purchase a Gumbit by PJ O’Rourke NFT, Your transaction will be conducted in its entirety on the Ethereum network. All sales are final and refunds will not be issued under any circumstances. Gumbit by PJ O’Rourke has no control over such transactions or the Ethereum network, cannot reverse or issue refunds in connection with such transactions, and is not liable for any loss, damage or harm that you may incur as a result of such transactions.
You agree that all payments made through the Gumbit by PJ O’Rourke Platform are final, and You will not challenge or dispute the charge with any third-party.
Your purchase of a Gumbit by PJ O’Rourke NFT, like all transactions on the Ethereum network, will require You to pay a transaction charge (”Gas Fee”) to Ethereum, in addition to the stated purchase price of the Gumbit by PJ O’Rourke NFT.
13. USE OF THE PLATFORM
By using the Gumbit by PJ O’Rourke Platform (i.e. gumbit.xyz), You agree to:
- Use the Gumbit by PJ O’Rourke Platform in compliance with any and all applicable laws, and all legal notice and disclosure requirements as provided in agreements of third-party service providers providing services through the Gumbit by PJ O’Rourke Platform;
- Use the Gumbit by PJ O’Rourke Platform only on Your own behalf, and not transmit or resell any information or services available through the Gumbit by PJ O’Rourke Platform to third parties. You may, however, resell any NFTs You purchase on the Gumbit by PJ O’Rourke Platform;
- Use only payment methods approved by Gumbit by PJ O’Rourke;
- Not attempt to circumvent, or encourage anyone else to circumvent, the Platform Terms and Conditions;
- Allow Gumbit by PJ O’Rourke to keep and track data on Your use within the Platform;
- Use only one account and only one name for the Gumbit by PJ O’Rourke Platform; and
- Not use the Gumbit by PJ O’Rourke Platform by means of multiple accounts, multiple email addresses or multiple sets of information provided to the Gumbit by PJ O’Rourke Platform, or email addresses or other information created solely to access the Gumbit by PJ O’Rourke Platform or other online sites.
14. PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services:
- In any way that competes with our business;
- In any way that violates any applicable federal, state, local, and/or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To send, knowingly receive, upload, download, use, and/or re-use any material that does not comply with the Content Standards set out in these Terms and Conditions;
- To transmit, or procure the sending of, any mass advertising or promotional material, including any ”junk mail,” ”chain letter,” ”spam,” and/or any other similar solicitation;
- To impersonate or attempt to impersonate Gumbit by PJ O’Rourke, a Gumbit by PJ O’Rourke employee, another user, and/or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing); and
- To engage in any other conduct that restricts or inhibits anyone’s use and/or enjoyment of the Services, or which, as determined by us, may harm Gumbit by PJ O’Rourke or users of the Services, or expose them to liability.
Additionally, You agree not to:
- Use the Services in any manner that could disable, overburden, damage, and/or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
- Use any robot, spider, or other automatic device, process, and/or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent;
- Use any device, software, and/or routine that interferes with the proper working of the Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, and/or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, and/or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of the Services.
15. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Gumbit by PJ O’Rourke, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS BE LIABLE FOR ANY AND ALL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OF THE SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND/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, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF Gumbit by PJ O’Rourke EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO Gumbit by PJ O’Rourke IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT Gumbit by PJ O’Rourke HAS MADE THE SERVICES AVAILABLE TO YOU IN RELIANCE ON THE LIMITATIONS OF LIABILITY IN THIS SECTION, AND THE DISCLAIMER OF WARRANTIES NOTED WITHIN, AND WITHOUT SUCH DISCLAIMERS AND LIMITATIONS Gumbit by PJ O’Rourke WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU.
16. USER SUBMISSIONS
The Services may, now or in the future, contain interactive features (collectively, ”Interactive Services”) that allow users to post, submit, publish, display, and/or transmit to other users or other persons, or otherwise provide (hereinafter, ”post”), content, materials and/or other data (collectively, ”User Submissions”) on, to or through the Services.
- You own or control all rights in and to Your User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and/or assigns; and
- All of Your User Submissions do and will comply with these Terms and Conditions.
You understand and acknowledge that You are responsible for any User Submissions You submit or contribute, and You, not Gumbit by PJ O’Rourke, have full responsibility for such content, including its legality, reliability, accuracy, and/or appropriateness. We are not responsible or liable to any third-party for the content or accuracy of any User Submissions posted by You and/or any other user of the Services.
17. Monitoring and Enforcement; Termination
We retain the right to:
- Remove or refuse to post any User Submissions for any or no reason in our sole discretion;
- Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right and/or other right of any person or entity, threatens the personal safety of users of the Services or the public, and/or could create liability for Gumbit by PJ O’Rourke;
- Disclose Your identity or other information about You to any third-party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
- Terminate or suspend Your access to all or part of the Services for any violation of these Terms and Conditions; and
- Terminate Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS Gumbit by PJ O’Rourke AND ITS AFFILIATES, LICENSEES, AND/OR SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, and/or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
18. CONTENT STANDARDS
These content standards apply to any and all User Submissions and/or use of Interactive Services. User Submissions must in their entirety comply with all applicable federal, state, local, and/or international laws and regulations. Without limiting the foregoing, User Submissions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, and/or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, and/or discrimination based on race, sex, religion, nationality, disability, sexual orientation, and/or age;
- Infringe any patent, trademark, trade secret, copyright, and/or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data and/or other information that is not lawfully provided to us;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, and/or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, and/or annoy any other person;
- Impersonate any person, or misrepresent Your identity or affiliation with any person or organization; and
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
19. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and/or audio, and the design, selection, and arrangement thereof) are owned by Us, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant You a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms and Conditions. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, and/or transmit any of the material accessible using our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials;
- You may store files that are automatically cached by Your Web browser for display enhancement purposes;
- You may print one copy of a reasonable number of pages of the Services for Your own personal, non-commercial use and not for further reproduction, publication, and/or distribution; and
- If we provide social media or other interactive features with certain content, You may take such actions as are enabled by such features.
In contrast, You must not:
- Modify copies of any materials of the Services except as expressly permitted by these Terms and Conditions; and
- Delete or alter any copyright, trademark, and/or other proprietary rights notices from copies of materials from this site.
If You print, copy, modify, download, and/or otherwise use or provide any other person with access to any part of the Services in breach of the Terms and Conditions, Your right to use the Services will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, and/or interest in or to the Services or any content on the Services is transferred to You, and all rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and/or other laws. The Gumbit by PJ O’Rourke name, marks including the Gumbit by PJ O’Rourke logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Programmed Success, Inc. and Gumbit by PJ O’Rourke. You must not use such marks without the prior written permission of Programmed Success, Inc. and Gumbit by PJ O’Rourke. All other names, logos, product and/or service names, designs, and slogans that may appear in the Services are the trademarks of their respective owners. These NFTs can never be reminted or reissued by any one in any way or any manner. The initial minting/sales of the Gumbit by PJ O’Rourke Project, as well as the Gumbit Rejects collection, are the only way in which said Gumbit character can ever be minted/created on any blockchain, whatsoever. Any third party copy cat or further generation of the Gumbit character is a violation of these Terms and Conditions and US Federal Intellectual Property Law. PSI and PJ O’Rourke are the sole IP owners of any version of the Gumbit character, including but not limited to Gumbit Rejects and Gumbit by PJ O’Rourke,
20. COPYRIGHT INFRINGEMENT
Claims of copyright infringement are to be taken seriously and we will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers. If You believe any materials accessible on or from the Services infringe Your copyright, You may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent. To be valid in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work that You believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
- Identification of the material that You believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact You (including Your name, postal address, telephone number, and, if available, email address);
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, and/or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is email@example.com. If You fail to comply with the entirety of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on this website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. These NFTs can never be reminted or reissued by any one in any way or any manner. The initial minting/sales of the Gumbit by PJ O’Rourke Project, as well as the Gumbit Rejects collection, are the only way in which said Gumbit character can ever be minted/created on any blockchain, whatsoever. Any third party copy cat or further generation of the Gumbit character is a violation of these Terms and Conditions and US Federal Intellectual Property Law.
You agree to defend, indemnify, and hold harmless Gumbit by PJ O’Rourke, its affiliates, licensors, and/or service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and/or assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and/or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms and Conditions or Your use of the Services, including, but not limited to, Your User Submissions, any use of the Services’ content, functions, and products other than as expressly authorized in these Terms and Conditions, and/or Your use of any information obtained from the Services.
22.1 ARBITRATION; WAIVER OF TRIAL BY JURY
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS AND/OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (”JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.
NOTE THAT DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
22.2 SMALL CLAIMS COURT; CLASS ACTION WAIVER
As an alternative to arbitration, You may bring Your claim in Your local ”small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on Your own behalf. Neither You nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
The listed dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within ONE HUNDRED AND SIXTY (160) days of filing the case, either we or You can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies and/or awards that conflict with these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to and/or connected with the use of the Services or these Terms and Conditions must be filed within ONE (1) year after such claim or cause of action arose or be forever banned.
22.4 30-DAY OPT-OUT PERIOD
If You do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, You must notify us in writing within THIRTY (30) days of the date that You first accept these Terms and Conditions (unless a longer period is required by applicable law), and then You must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below. Your written notification must be mailed to us at the address set out within these Terms and Conditions.
If You do not notify us in accordance with this subsection, You agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms and Conditions after the date of Your first acceptance. Such notification must include: (i) Your name; (ii) Your email address and mailing address; and (iii) a statement that You do not wish to resolve disputes with us through arbitration or waive Your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), You may reject any such change by sending us written notice, within 30 days of the change, to the address set out at the end of these Terms and Conditions. It is not necessary to send us a rejection of a future change to this Disputes section if You had properly opted out within the first 30 days after You first accepted the provisions in this Disputes section. If You have not properly opted out, then by rejecting a future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes You did not reject. A notification sent pursuant to this paragraph solely affects these Terms and Conditions; if You previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, Your notification that You are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between You and us.
If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of the unenforceable language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of Your relationship with us.
22.6 Governing Law and Jurisdiction
All matters relating to the Services and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
23. WAIVER AND SEVERABILITY
No waiver by Gumbit by PJ O’Rourke of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gumbit by PJ O’Rourke to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
24. ENTIRE AGREEMENT
25. ROAD MAP(S) & ANIMATION DISCLAIMER
The Road Map on the Gumbit.xyz website is not a promise and/or guarantee to fulfill any details therein. This section is meant to be a full disclaimer that there is no guarantee that Gumbit will ever become an animated movie and/or series, although best efforts will be made to do so through various media companies, i.e. Netflix. Without any doubt and to be stated unequivocally, the sale, purchase, and/or minting of a Gumbit is not meant to be used or held as a security or to be for the funding of any animation, movie or series. There will be absolutely no return on or of profits, equity and/or revenue expected from any animation, movie or series upon the purchase, sale and/or minting of Gumbit. A Gumbit holder has no rights or value therein or thereof to any back-end points, equity, revenue, profits, and/or monies of any kind. To further disclaim all users, the holding, purchasing and/or minting of a Gumbit is not a security and the Gumbit tokens are nothing more than digital art for visual enjoyment.
26. COMMENTS AND CONCERNS
The Services are operated by Programmed Success, Inc., located at 1979 Marcus Avenue, Suite 210, Lake Success, New York 11042. All notices of copyright infringement claims should be sent to the copyright agent designated in these Terms and Conditions in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and/or other communications relating to the Services should be directed to: firstname.lastname@example.org.