Terms Of Use for Batty Banties

Please read these Terms of Use for User(s) (“you/your”) as it contains important information about your legal rights, remedies and obligations. By accessing or using the Website, you agree to comply with and be bound by this Agreement. By accessing or using the Website https:// BattyBanties.com (“Website or “platform”), You agree to comply with and be bound by this Agreement. This Agreement constitutes a legally binding agreement between You and BeXomo Labs (“Batty Banties”), governing Your access to and use of the Website including any subdomains thereof. 

Our collection and use of personal information, in connection with your access to and use of the Website, is described in our Privacy Policy. We have tried to make the Agreement accessible, concise, and clear for you. If anything in the Agreement appears to you to be incomprehensible, please contact us via the Help section, and we shall provide you with all the necessary explanations.

Please read the Terms below carefully. By accessing any page of this Website, you agree to be bound by the Terms below. If you do not agree to the Terms below, please do not access any pages of this Website. We reserve the right to vary the conditions of use at any time and will post any variations here. You are advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted.

Content of Website

  1. Whilst considerable care has been taken to ensure the information contained within this Website is accurate and up-to-date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions of such information. All services referred to on this Website are subject to change without notice. We may amend this Website and our products and services at any time with or without notice to you. You agree that we shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of the Website or any products or services offered through the Website.

  2. We accept no responsibility for any information contained in any Website accessed via a hypertext link from this Website. The content, accuracy and opinions expressed in such Websites are not checked, analysed, monitored or endorsed by us. Access to any third-party Website is at your own risk. You agree that we have no responsibility or liability for third party Websites and that we shall not be liable in any way for any damage or loss caused in relation to the content, goods, products or services available through such third-party Websites. Users should refresh their browser each time they visit the Website to ensure that they access the most up to date version of the Website.

Website use & Copyright

  1. Access to the Website will not constitute an offer in jurisdictions in which it would be illegal to make such an offer and in such circumstances, it will be deemed to have been sent for information purposes only. In accessing this site you are responsible for compliance with local laws or regulations and for obtaining your own legal, tax and financial advice.

  2. Unless otherwise indicated on the Website, the Website and all content and other materials on the Website, including, without limitation, the Batty Banties logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Batty Banties Materials”) are the proprietary property of Batty Banties.

  3. You are granted a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use the Website and Batty Banties Materials subject to these Terms. Except as expressly permitted on the Website, in these Terms or otherwise in writing by Batty Banties, such license does not include: (a) any resale or commercial use of the Website or the Batty Banties Materials; (b) the distribution, public performance or public display of any Batty Banties Materials; (c) modifying or otherwise making any derivative uses of the Website and the Batty Banties Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the Batty Banties Materials or any information contained therein; or (f) any use of the Website or the Batty Banties Materials other than for its intended purpose. Any use of the Website or the Batty Banties Materials other than as specifically authorised herein, without the prior written permission of Batty Banties, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Batty Banties Wallets

  1. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your wallet. You must never send messages signed with your wallet associated with an address used with Batty Banties NFT to any unauthorised party. You must keep your wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of any NFT or Batty Banties NFT associated with the wallet. Batty Banties cannot assist with password retrieval. Batty Banties stores your wallet address but does not receive or store your wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your wallet. We cannot, therefore, assist you with wallet password retrieval. We cannot generate a new password for your wallet if you fail to remember your original password. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any NFT you have associated with such a wallet address will become inaccessible if you do not have your wallet password. 

  2. In order to be completed, all proposed NFT transactions must be confirmed and recorded in the NFT’s associated public blockchain. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Ethereum Networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Website will be confirmed and processed. By using the Website, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Ethereum Networks. Batty Banties does not store or transmit NFTs. We do not store, send, or receive NFT. Any transfer that occurs in any NFT occurs on the Ethereum-based blockchains and not on a network owned by us. We therefore do not guarantee that Batty Banties can affect the transfer of title or right in any NFTs. 

  3. When you create a wallet, you will be assigned a private key. You will be responsible for maintaining the confidentiality of your private key, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong password that you do not use for any other Website or online service; (b) using the backup functionality provided by the wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $10,000 USD in assets, are encouraged to do even if they are utilising the services’ backup functionality; (c) maintaining the security of your wallet by protecting the private key and mnemonic (backup) phrase associated with your wallet by, for example, limiting access to your computer and your wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your wallet.

  4. Once transaction details have been submitted via the Website, we cannot assist you to cancel or otherwise modify your transaction. Batty Banties has no control over any Ethereum-based blockchain and does not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your Wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your account. It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Website, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Ethereum-based transactions or for collecting, reporting, withholding, or remitting any taxes arising from any cryptocurrency related transactions.

  5. You represent and warrant that any information you provide via the Website is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any NFT transaction initiated via the Website. We strongly encourage you to review your transaction details carefully before attempting to transfer a NFT.

  6. You are entirely responsible for the safety and management of your own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

 

No offer or recommendation

The Website is for informational purposes only and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment/product/service or to engage in any other transaction in any jurisdiction. The information provided shall not be binding on us.

 

No reliance

 

While Batty Banties uses reasonable efforts to obtain information from reliable sources, we make no representations or warranties as to the accuracy, reliability, or completeness of any information or documents on this Website. The information contained on this site is subject to change without notice. You acknowledge that any reliance on any information or other material posted on the Website is entirely at your own risk. You must in any event conduct your own due diligence and investigations rather than rely on any of the information on this Website.

No warranty

  1. We publish the Website “as is” without any warranty of any kind, express or implied, as to the operation of the Website, the accuracy of the information on the Website (in so far as such warranties may be excluded under any relevant law) and we shall not be liable for any losses or damage that may result from use of the Website as a consequence of any inaccuracies, in or any omissions from, the information which they may contain. Batty Banties does not warrant or guarantee any form of rewards whatsoever, by virtue of using this Website or by holding a Batty Banties NFT. 

  2. Information contained within this Website is not and should not be construed as investment advice. No information or advice, whether oral or written obtained through this Website or otherwise, shall create any warranty. We believe that it is important that any decision to engage with or use Batty Banties you make are suitable for your needs. 

 

Links from the Websites

Batty Banties and its users may provide third party content on the Website and may provide links to web pages and content that are not owned or controlled by Batty Banties, including but not limited any third party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. Batty Banties does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Batty Banties is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. Batty Banties is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.

Modifications to the Website

Batty Banties reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Batty Banties will not be liable for any modification, suspension, or discontinuance of the Website or any part thereof.

  1. Limitation of liability

  2. IN NO EVENT WILL BATTY BANTIES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, 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 OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

  3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Batty Banties ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, THE ACCESS TO AND USE OF THE WEBSITE, CONTENT, OR SERVICES ON THE WEBSITE EXCEED THE GREATER OF $100. 

  4. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. 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. 

  5. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

  6. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BATTY BANTIES NOR ANY PERSON ASSOCIATED WITH BATTY BANTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER BATTY BANTIES NOR ANYONE ASSOCIATED WITH BATTY BANTIES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES 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 OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

  7. OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS ETHEREUM. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

  8. BATTY BANTIES 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.

  9. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  10. In the event of termination concerning your license to use Batty Banties, your obligations under this Agreement will still continue. Your access to the funds in your wallet after termination will depend on your access to your backup of your wallet address and private key.

  11. We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our services. You are solely responsible for storing outside of the services a backup of any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow you to access the Ethereum Networks upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your NFT. If you do not maintain a backup of your wallet data outside of the services, you will not be able to access the NFT associated with your Wallet. Batty Banties shall not be held responsible or liable for any loss of NFT(s) in the event that we discontinue or depreciate the Services.

Indemnification

You agree to defend, indemnify, and hold harmless Batty Banties, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorised in these Terms of Use or your use of any information obtained from the Websites.

Sanction Compliance

In connection with these Terms of Use, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that may apply. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Services. You may not use any Service if you are the subject of any sanctions or of sanctions consistent with any law imposed by the governments of the country where you are using the Service.

Waiver and Severability

  1. No waiver by Batty Banties of any term or condition set forth in these Terms of Use 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 Batty Banties to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  2. If any provision of these Terms of Use 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 of Use will continue in full force and effect.