SUPPLEMENTAL TERMS AND CONDITIONS
Internet Doge, LLC (“Company,” “we,” “us,” or “our”) welcomes you.
We provide NFTs subject to these Supplemental Terms and Conditions, which may be updated by us from time to time without notice to you. By accepting any NFTs from us, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Supplemental Terms and Conditions and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not accept any NFTs from us.
1. NO PROFIT OR RETURN EXPECTED; NO ONE CURRENTLY INTENDS TO ASSIST IN PROVIDING A PROFIT OR RETURN
You hereby acknowledge, represent, covenant and agree that (i) you do not expect to profit or generate a return through your receipt and ownership of the NFT and (ii) no one (including, without limitation, the Company, its affiliates and its and their respective officers, directors, employees and consultants) currently intends to exert any effort or provide any assistance in bringing about a profit or return for holders of the NFTs. You understand, acknowledge and agree that you are virtually assured to lose all money used to purchase the NFTs. The terms of this paragraph are collectively referred to as the “Crucial Terms”.
You release (and agree and covenant not to sue) the Company for any breach of the Crucial Terms by you.
2. EXPORT LAWS
You agree that you will not export or re-export, directly or indirectly, the NFTs, and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the NFTs may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the US Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By using the Service, you agree, covenant, represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree and covenant to comply at your sole expense with all applicable United States export laws and regulations. Any transaction consummated by you that violates any of the provisions of this Section 2 shall be null and void ab initio.
3. SECURITIES LAWS
To the extent that it is deemed that any NFT is a security under US applicable law, you hereby represent and warrant to us that (i) this Agreement is made with you in reliance upon your representation to the Company, which by your reciept of the NFT, you hereby confirm, that such securities acquired by you were acquired for investment for your own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof, and that you have no present intention of selling, granting any participation in, or otherwise distributing the same, (ii) you understand that such securities have not been, and will not be, registered under the Securities Act of 1933, as amended (collectively with the rules and regulations promulgated thereunder, the “Securities Act”) by reason of a specific exemption from the registration provisions of the Securities Act which depends upon, among other things, the bona fide nature of your investment intent and the accuracy of your representations as expressed herein, (iii) you understand that no public market now exists for such securities, and that no one has made any assurances that a public market will ever exist for such securities and (iv) your are an accredited investor as defined in Rule 501(a) of Regulation D promulgated under the Securities Act. Further, to the extent that it is deemed that any NFT is a security under US applicable law, you shall provide any additional certification required to confirm the foregoing pursuant to 506(b) of the Securities Act.
You hereby agree, represent, warrant and covenant that you will not take any action that would cause an NFT to constitute a security (as defined under US applicable law).
Any transaction consummated by you that violates any of the provisions of this Section 3 shall be null and void ab initio.
4. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of these Supplemental Terms and Conditions by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the courts in the state of Delaware for purposes of any such action by us.
4. MISCELLANEOUS
These Supplemental Terms and Conditions and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Each item and provision of these Supplemental Terms and Conditions is intended to be severable. If any term or provision of these Supplemental Terms and Conditions is determined by a court of competent jurisdiction or the arbitrators, as applicable, to be unenforceable for any reason whatsoever, that term or provision shall be modified only to the extent necessary to be enforced, such term or provision shall be enforced to the maximum extent permitted by law, and the validity of the remainder of these Supplemental Terms and Conditions shall not be adversely affected thereby.
Copyright 2023 [__]. All rights reserved.