Thanks for your interest to join Iconic99s' tribe of creatives. Our terms of use/service ("Terms”) cover your use and access to our services, client software, websites and mobile apps, (collectively, "Our Services") while our Privacy Policy explains how we collect and use your information. By using Our Services, including downloading and using our apps, you’re agreeing to be bound by these Terms and our Privacy Policy. If you’re doing the same for an organization, you’re agreeing to these Terms and our Privacy Policy on behalf of that organization and inherently are representing that you have the proper authority to do so.

YOUR CONTENT & YOUR PERMISSIONS

When you use Our Services, you provide us with your Content, email address, name, etc. These Terms don’t give us any rights to Content except for the limited rights that enable us to offer Our Services. For organizational accounts, Your Content may be the property of the organization. We need your permission to do things like hosting Your Content. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

SHARING YOUR CONTENT

Our Services let you share Your Content with others, so please think carefully about what you share.

IDENTIFYING ERRORS

We give you ample opportunity to identify errors, faults, and mistakes in your data prior to charging you; once we register your data, we incur irretrievable costs, and as such are unable to refund you; and given the immutable nature of blockchain, we are unable to amend your record, therefore, be very careful to review your data prior to processing payments. Refunds based on mistakes are generally not permitted.

YOUR RESPONSIBILITIES

You’re responsible for your conduct, and your Content, and you must comply with all provisions in these Terms including our Acceptable and Prohibited Uses section. Content in Our Services may be protected by others’ intellectual property rights. In order to respect others and their creations, and to comply with the law, please don’t copy, upload, download, or share content unless you have the right to do so. Failure to do so may result in your termination and further legal steps as Nifty99s deems appropriate.

We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We are not responsible for the content people share via Our Services.

Help us keep you informed and your Content protected. Safeguard your access to Our Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use Our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use Our Services, you must be at least 13 years old, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use Our Services.

CONTENT DISPUTES

In the event your quote is found not to be unique, yet was previously identified to be unique, you may be entitled to a credit for one replacement NFT. Disputes may be issued by anyone other than yourself and it is our sole discretion to investigate and determine whether abuse of Our Services existed. In case it is determined abuse of Our Services exist, you will not be entitled to any refund. The issuance of a replacement NFT credit is determined through our investigation that will define how likely it was known the quote was already in use (e.g., creative commons, etc.), whether there is a history of repeated incidents, the source of the dispute, and other parameters that are used to determine if the dispute was caused by a mistake of the author wherein they did not know their quote was not unique or by other means including negligence, fraud, and other mistakes. A credit will only be issued if the mistake was not foreseeable by you and others.

SOFTWARE

Some of Our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access Our Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile Our Services, attempt to do so, or assist anyone in doing so.

OUR CONTENT

Our Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in Our Services, others content in Our Services, Iconic99s trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

We respect the intellectual property of others and ask that you do too.

IMPROPER USE

As a technology company, we, and our customers rely on the availability and proper functioning of Our Services. Your account may be suspended or terminated by abusive use of Our Services including and not limited to abusive quote registrations, denial of service attacks, and any other action that has the potential to adversely affect our operations.

TERMINATION

You’re free to stop using Our Services at any time. We reserve the right to suspend or terminate your access to Our Services if:
(a) you’re in breach of these Terms,
(b) you’re using Our Services in a manner that would cause a real risk of harm or loss to us or other users.

DISCONTINUATION OF SERVICES

We may decide to discontinue Our Services in response to unforeseen circumstances beyond Iconic99s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export your Content from our systems. You are responsible for ensuring that all persons who access Our Services through your device are aware of these Terms of Use and comply with them. To access Our Services, you may be asked to provide certain registration details or other information. It is a condition of your use of Our Services that all the information you provide is correct, current and complete. You agree that all information you provide to register using Our Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

ACCEPTABLE AND PROHIBITED USES

You may use Our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use Our Services:

  1. In any way that violates any applicable federal, state, local 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).
  2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  3. To take another idea from other people or entities in an attempt to claim them as yours when you in fact did not invent or create them originally as determined in the sole judgment of Iconic99s.
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  5. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  6. To impersonate or attempt to impersonate Iconic99s another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  7. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm Iconic99s, or users of Iconic99s, or expose them to liability.

ADDITIONALLY, YOU AGREE NOT TO:

  1. Use Our Services in any manner that could disable, overburden, damage, or impair Our Services, or interfere with any other party's use of Our Services, including their ability to engage in real time activities through Our Services.
  2. Use any robot, spider or other automatic device, process or means to access Our Services, for any purpose, including monitoring or copying any of the material on Our Services.
  3. Use any manual process to monitor or copy any of the material on Our Services or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software or routine that interferes with the proper working of Our Services.
  5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of Our Services.
  7. Otherwise attempt to interfere with the proper working of Our Services.

EXPORTING DATA

Your data (NFTs) are available on the Gochain platform. Our Services include the creation of a Gochain wallet and management of your Gochain account. You access your wallet through our app’s “MY NFT’s” page. We never utilize, display, or share your wallet's private key. The purpose of your private key is to move your assets to another digital blockchain wallet that is compatible with Gochain. You may request your private key by sending an email to: hello@entergrowl.com and we will verify your request, and identity, prior to emailing you, your private key. If you choose to move or migrate your data, it is at your own risk, and it is your sole responsibility to manage the migration of your data. We do not provide assistance for data migration, or have any control or liability during the migration process. You agree not to hold us responsible or liable for any losses sustained during the migration of your data.

SERVICES “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ENTER GROWL LLC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

LIMITATION ON LIABILITY

IN NO EVENT WILL ENTER GROWL LLC, 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, OUR SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON OUR SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES, 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.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Iconic99s, 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 Our Services, including, but not limited to, any use of Our Service’s content, our general Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Our Services.

FLAGGING IMPROPER CONTENT

We want to hear your concerns. You may contact us using Our Services or by sending an email to hello@entergrowl.com.

JUDICIAL FORUM FOR DISPUTES

You and Iconic99s agree that any judicial proceeding to resolve claims relating to these Terms or Our Services will be brought in the federal or state courts of the State of California, US subject to the mandatory arbitration provisions below. Both you and Iconic99s, consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We both agree to arbitrate. You and Iconic99s agree to resolve any claims relating to these Terms or Our Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

ARBITRATION PROCEDURES

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where Iconic99s resides or any other location we mutually agree to.

ARBITRATION FEES AND INCENTIVES

The AAA rules will govern payment of all arbitration fees. Iconic99s will pay all arbitration fees for individual arbitration for claims less than $25,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Iconic99s will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

NO CLASS ACTIONS

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. These Terms will be governed by State of California, US law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Iconic99s, with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

WAIVER, SEVERABILITY & ASSIGNMENT

Iconic99s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Iconic99s may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with Our Services.

MODIFICATIONS

We may revise these Terms from time to time to better reflect: (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to Our Services. If an update affects your use of Our Services or your legal rights as a user of Our Services, we’ll notify you prior to the update's effective date via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.