Plasia LLC Terms and Conditions of Service
Last Updated: May 10, 2024

All capitalized terms are defined in Section II “Interpretations and Definitions.”Section I. IntroductionThese Terms and Conditions of Service govern the use of this Service and the Agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding sign up, access, and otherwise use the Service. The Terms relate to the services and platform, website, application, and ticketing (“Platform”), that provides users with the opportunity to purchase, earn, collect, and showcase NFTs and Content. The Platform is owned by Plasia LLC and is available via website or application. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by the Terms and any provisions and conditions incorporated herein by reference.Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.You represent that you are over the minimum legal age to access the Platform. The Company does not permit those under 18 to use the Service.Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.PLEASE READ THE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. IF YOU ARE ACCEPTING THE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THE AGREEMENT ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT THE ENTIRE AGREEMENT, YOU MAYNOT ACCESS OR USE THE PLATFORM.YOU REPRESENT AND WARRANT THAT: (i) YOU HAVE THE LEGAL RIGHT TOUSE ANY CREDIT OR DEBIT CARD(S) OR OTHER PAYMENT METHOD(S) IN CONNECTION WITH ANY ORDER; AND THAT (ii) THE INFORMATION YOU SUPPLY TO US IS TRUE, CORRECT AND COMPLETE. BY SUBMITTING SUCH

2 INFORMATION, YOU GRANT US THE RIGHT TO PROVIDE THE INFORMATION TO PAYMENT PROCESSING THIRD PARTIES FOR PURPOSES OF FACILITATING THE COMPLETION OF YOUR ORDER.THE TERMS CONTAIN AN ARBITRATION PROVISION. PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS. BY ACCEPTING THE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION.ANY PURCHASE OR SALE OF PRODUCTS OR ANY NFT THAT YOU MAKE,ACCEPT OR FACILITATE OUTSIDE OF THE PLATFORM IS ENTIRELY AT YOUR RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF PRODUCT OR NFTS OUTSIDE OF THE PLATFORM. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, IN PRODUCTS OR NFTS OUTSIDE OF THE PLATFORM.Any changes to the Terms will become effective as of the “Last Updated Date” referred to at thetop of this page. Your continued use of the Platform after the “Last Updated Date” will constitute your continued acceptance of and agreement to any changes.You may not use the Platform if you: (i) do not accept the Agreement; (ii) access the Platform outside of the United States of America; (iii) are not the minimum age to access the Platform inyour United States jurisdiction of residence; (iv) lack a guardian or parent’s consent to access the Platform; or (v) are prohibited by law from accessing or using the Platform.Section II: Interpretation and Definitions The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of these Terms and Conditions and the Privacy Policy:“Affiliate” means an entity that controls, is controlled by or is under common control with a party,where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.“Account” (referred to as either “User Account”) means a unique account created for You to access our Service or parts of our Service or to otherwise register for an event involving the Company.“Art” means any content, art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with an NFT and Content that you Own.“Country” means Florida, United States of America.
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3 “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)means Plasia LLC, 222 W Merchandise Mart Plaza #1212, Chicago, Illinois 60654.“Content” means content such as text, images, or other information relating to a person, teams port, individual sport, individual and team statistics, and Art that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.“Dashboard” means a Platform user’s audiovisual collection of information associated with a specific account.“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.“External Sites” collectively means websites, hyperlinks, and other links to a Third-Party Website or Service or resources that are not owned or controlled by the Company.“Feedback” collectively means the submission of comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform.“Goods” (referred to as as “Products”) refer to the items offered for sale on the Service.“IP” (referred to as “Intellectual Property,” “NIL,” “IP Rights”) means intellectual property,including but not limited to, name, image, and likeness rights, and related rights.“NFT” means a non-fungible token that operates as a ticket and access to an event, that may contain Artand Content from interscholastic, non-scholastic, and college athletic programs, entertainers, influencers,and former and current student athletes.“Order” means a request by You to purchase Goods from Us.“Own” means, with respect to an NFT and Content, an NFT and Content that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any Prohibited Activity), where proof of such purchase is recorded on the Platform.“Payments Vendor” means an authorized payment vendor or some other electronic payments vendor.“Privacy Policy” means the Privacy Policy effective for the Service.“Purchased NFT and Content” means an NFT and Content that you Own.“Refunds and Returns Policy” (also referred to as the “Refunds Policy” and “Returns Policy”)means the policy regarding refunds and returns of Goods and NFTs in connection with the Platform.

4 “Service” (referred to as the “Website,” “Application,” “Platform,” “Marketplace”) means Dream Plasia, accessible from the website www.dreamplasia.com, and the platform, application,NFT, ticketing, and other related services owned by and engaged in by the Company.“Terms and Conditions of Service” (also referred as "Terms," “Agreement,” “Terms and Conditions”) mean these Terms and Conditions that form the agreement between You and the Company regarding the use of the Service.“Third-Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.“Third-Party Social Media Service” means any services or content (including data, information,products or services) provided by a third party that may be displayed, included or made available by the Service.“Third-Party Provider” (also referred to as a “Third-Party Service Provider,” “Third-Party Website or Service”“You” (also referred to as “Your,” “User”) means the individual accessing an Account or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.Section III: Account Set-Up, Security, and Content A. User Account Registration. By creating an Account for the Platform, you agree to provideaccurate, current and complete Account information about yourself, and to maintain andpromptly update your Account information as necessary. You may not use as a usernamethe name of another person or entity or that is not lawfully available for use, a name ortrademark that is subject to any rights of another person or entity other than You withoutappropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Failureto follow this provision constitutes a breach of the Terms, which may result in immediatetermination of Your Account on Our Service.B. Account Security. You are responsible for the security of your Account, safeguarding thepassword that You use to access the Service, for any activities or actions under Yourpassword for the Platform, and for your payment method(s). You agree not to discloseYour password to any unauthorized third party. If you become aware of any unauthorizeduse of your password or of your Account with us or of any breach of security, you agree tonotify us immediately at support@dreamplasia.com.C. Account Transactions. You can use an approved payment method (“Payment Method”) topurchase, store, and engage in transactions using your debit card, credit card, or via one ormore other Payment Methods that we may elect to accept from time to time. Transactionsthat take place on the Platform are managed and confirmed via Third-Party Provider, andas a result, some portion of your activity on the Platform may be publicly available.D. Account Content. Our Service allows You to post Content. You are responsible for theContent that You post to the Service, including its legality, reliability, and appropriateness.By posting Content to the Service, You grant Us the right and license to use, modify,
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publicly perform, publicly display, reproduce, and distribute such Content on and throughthe Service. You retain any and all of Your rights to any Content You submit, post ordisplay on or through the Service and You are responsible for protecting those rights. Youagree that this license includes the right for Us to make Your Content available to otherusers of the Service, who may also use Your Content subject to these Terms.E. You represent and warrant that: (a) the Content is Yours (You own it) or You have the rightto use it and grant Us the rights and license as provided in these Terms, and (b) the postingof Your Content on or through the Service does not violate the privacy rights, publicityrights, copyrights, contract rights or any other rights of any person.F. The Company is not responsible for the Content of the Service's users. You expresslyunderstand and agree that You are solely responsible for the Content and for all activitythat occurs under your Account, whether done so by You or any third person using YourAccount.G. The Company reserves the right, but not the obligation, to, in its sole discretion, determinewhether or not any Content is appropriate and complies with this Terms, refuse or removethis Content. The Company further reserves the right to make formatting and edits andchange the manner of any Content. The Company can also limit or revoke the use of theService if You post such objectionable Content. As the Company cannot control all Contentposted by users and/or third parties on the Service, you agree to use the Service at yourown risk. You understand that by using the Service You may be exposed to Content thatYou may find offensive, indecent, incorrect or objectionable, and You agree that under nocircumstances will the Company be liable in any way for any Content, including any errorsor omissions in any Content, or any loss or damage of any kind incurred as a result of youruse of any Content.H. Although regular backups of Content are performed, the Company does not guarantee therewill be no loss or corruption of data.I. Corrupt or invalid backup points may be caused by, without limitation, Content that iscorrupted prior to being backed up or that changes during the time a backup is performed.J. The Company will provide support and attempt to troubleshoot any known or discoveredissues that may affect the backups of Content. But You acknowledge that the Company hasno liability related to the integrity of Content or the failure to successfully restore Contentto a usable state.K. You agree to maintain a complete and accurate copy of any Content in a locationindependent of the Service.Section IV: Treatment of NFTsA. Acquiring NFTs. The Platform allows you to purchase, earn, collect and showcase Contentas NFTs. You can acquire NFTs in three ways: (a) by buying an NFT from us on thePlatform; or (b) by buying special NFTs from us on the Platform; or (c) by buying anyNFTs from other Users in the Platform. There are different types of NFTs available forpurchase on the Platform, and we reserve the right to modify the types, prices and numbersof NFTs available at our discretion. Depending on the type of NFT you buy, you will collectContent of varying levels of scarcity. Before you buy an NFT, we will let you know thetypes of Content that are contained in that NFT. Depending on the NFTs and Content youbuy, you will collect NFTs and Content of varying levels of scarcity. Before you buy aspecial NFT, we will let you know the exact type of Content that is contained in that special
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NFT. If you buy an individual NFT from another User in the Marketplace, you will knowthe exact NFT that you are purchasing. We strongly encourage you not to purchase NFTsother than through the three authorized processes. If you decide to purchase NFTs orContent in any other way, you understand that such purchases will be entirely at your solerisk.B. Earning NFTs and Content. You can earn NFTs and Content by participating in certainchallenges or marketing campaigns on the Platform, or by completing certain in-Platformtasks that we may make generally available from time to time.C. Characteristics of NFTs. NFTs are comprised of digital Content containing one or morephotograph(s), video(s), audio, data, and statistics of at least one student athlete. Each NFThas a defined set of attributes – including scarcity – which help determine the value of theNFT.D. Subjectivity of NFTs and Content. The value of each NFT and related Content is inherentlysubjective, in the same way the value of other NFTs is inherently subjective. Each NFThas no inherent or intrinsic value.E. Ownership of NFT and Content. Because each NFT and Content is an NFT on the Platform,when you purchase an NFT and Content in accordance with the Terms, you own theunderlying NFT completely. This means that you have the right to swap your NFT andContent, sell it, or give it away. Ownership of the NFT and Content is determined entirelyby the Platform. Except as otherwise permitted by the Terms, in cases where Companydetermines that the NFT and Content has not been rightfully acquired from a legitimatesource, at no point will we seize, freeze, or otherwise modify the ownership of any NFTand Content.Section V: Payment and TaxesA. Financial Transactions on Platform. Any payments or financial transactions that you engagein via the Platform will be conducted through an authorized payment vendor or by someother electronic payments vendor (each a “Payments Vendor”). We have no control overthese payments, transactions, or the fees imposed by a Payments Vendor, nor do we havethe ability to reverse any payments, transaction, or fees imposed by a Payments Vendor.We have no liability to you or to any third party for any claims or damages that may ariseas a result of any payments or transactions that you engage in via a Payments Vendor onthe Platform, or any other payment, fees, or transactions that are executed via a PaymentsVendor on the Platform.
B. Responsibility for Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or
hereafter claimed or imposed by any governmental authority associated with your use ofthe Platform. Except for income taxes levied on us, you: (a) will pay or reimburse us forall national, federal, state, local or other taxes and assessments of any jurisdiction,including value added taxes and taxes as required by international tax treaties, customs orother import or export taxes, and amounts levied in lieu thereof based on charges set,services performed or payments made hereunder, as are now or hereafter may be imposedunder the authority of any national, state, local or any other taxing jurisdiction; and (b) willnot be entitled to deduct the amount of any such taxes, duties or assessments from paymentsmade to us pursuant to the Terms. To allow us to determine our tax obligations, unless youotherwise notify us in writing, you confirm that you are a citizen and resident of the United
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States of America, will inform us if your status changes in the future, and will cease usingthe Platform if your United States of America citizenship and residence terminates.Section VI: Intellectual PropertyA. Statement of Service: The Service and its original Content (excluding Content provided byYou or other users), features and functionality are and will remain the exclusive propertyof the Company and its licensors.The Service is protected by copyright, trademark, andother laws of both the Country and foreign countries. Our trademarks and trade dress maynot be used in connection with any product or service without the prior written consent ofthe Company.B. We Own the Platform. You acknowledge and agree that we (or, as applicable, our licensors)own all legal right, title and interest in and to all other elements of the Platform, and allintellectual property rights therein (including, without limitation, all Art, designs, systems,methods, information, computer code, software, services, “look and feel”, organization,compilation of the Content, code, data, and all other elements of the Platform (collectively,the “Platform Materials”). You acknowledge that the Platform Materials are protected bycopyright, trade dress, patent, and trademark laws, international conventions, other relevantintellectual property and proprietary rights, and applicable laws. All Platform Materials arethe copyrighted property of us or our licensors, and all trademarks, service marks, and tradenames associated with the Platform or otherwise contained in the Platform Materials areproprietary to us or our licensors.C. No User License or Ownership of Platform Materials. Except as expressly set forth herein,your use of the Platform does not grant you ownership of or any other rights with respectto any Content, code, data, or other Platform Materials that you may access on or throughthe Platform. We reserve all rights in and to the Platform Materials that are not expresslygranted to you in the Terms.D. Further User Ownership Acknowledgements. For the sake of clarity, you understand andagree: (a) that your purchase of an NFT and Content, whether via the Platform or otherwise,does not give you any rights or licenses in or to the Platform Materials (including, withoutlimitation, our copyright in and to the associated Art) other than those expressly containedin the Terms; (b) that you do not have the right, except as otherwise set forth in the Terms,to reproduce, distribute, or otherwise commercialize any elements of the PlatformMaterials (including, without limitation, any Art) without our prior written consent in eachcase, which consent we may withhold in our sole and absolute discretion; and (c) that youwill not apply for, register, or otherwise use or attempt to use any of our trademarks orservice marks, or any confusingly similar marks, anywhere in the world without our priorwritten consent in each case, which consent we may withhold at our sole and absolutediscretion.E.Restrictions on Ownership. You agree that you may not, nor permit any third party to do orattempt to do any of the foregoing without our (or, as applicable, our licensors’) expressprior written consent in each case: (a) modify the Art for your Purchased NFT and Contentin any way, including, without limitation, the shapes, designs, drawings, attributes, or colorschemes; (b) use the Art for your Purchased NFT and Content to advertise, market, or sellany third party product or service; (c) use the Art for your Purchased NFT and Content inconnection with images, videos, or other forms of media that depict hatred, intolerance,violence, cruelty, or anything else that could reasonably be found to constitute hate speech
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or otherwise infringe upon the rights of others; (d) use the Art for your Purchased NFT andContent in movies, videos, or any other forms of media, except to the limited extent that
such use is expressly permitted in the Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation,
giving away in the hopes of eventual commercial gain), or otherwise commercializemerchandise that includes, contains, or consists of the Art for your Purchased NFT andContent; (f) attempt to trademark, copyright, or otherwise acquire additional intellectualproperty rights in or to the Art for your Purchased NFT and Content; or (g) otherwise utilizethe Art for your Purchased NFT and Content for your or any third party’s commercialbenefit.F.Third Party IP. If the Art associated with your Purchased NFT and Content contains ThirdParty IP (e.g., licensed intellectual property from an entertainer, influencer, school, athleticprogram, current college athlete, or former college athlete), you understand and agree asfollows: (a) that you will not have the right to use such Third Party IP in any way exceptas incorporated in the Art, and subject to the license and restrictions contained herein; (b)that, depending on the nature of the license granted from the owner of the Third Party IP,we may need to (and reserve every right to) pass through additional restrictions on yourability to use the Art; (c) to the extent that we inform you of such additional restrictions inwriting, you will be responsible for complying with all such restrictions from the date thatyou receive the notice, and that failure to do so will be deemed a breach of the license; (d)that, depending on the nature of NFT and Content containing Art with an athlete’s name,image, and/or likeness rights, upon the acquisition of an NFT and Content, a User may bein violation of state laws and related regulations that prescribe rules for athletecompensation and prohibit certain Users from engaging in NIL activities.G. User License to Art. Subject to your continued compliance with the Terms, we grant you aworldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and displaythe Art for your Purchased NFTs and Content, solely for the following purposes: (a) foryour own personal, non-commercial use; (b) as part of a marketplace that permits thepurchase and sale of your Purchased NFTs and Content authorized by Plasia, provided thatthe marketplace cryptographically verifies each NFT and Content owner’s rights to displaythe Art for their Purchased NFT and Content to ensure that only the actual owner candisplay the Art; or (c) as part of a Third-Party Website or Service that permits the inclusion,involvement, or participation of your Purchased NFT and Content, provided that thewebsite/application cryptographically verifies each NFT and Content owner’s rights todisplay the Art for their Purchased NFT and Content to ensure that only the actual ownercan display the Art, and provided that the Art is no longer visible once the owner of thePurchased NFT and Content leaves the third party website or application.H. Other Terms of License. The “User License to Art” granted above applies only to the extentthat you continue to Own the applicable Purchased NFT and Content. If at any time yousell, swap, donate, give away, transfer, or otherwise dispose of your Purchased NFT andContent for any reason, the “User License to Art” granted above will immediately expirewith respect to that NFT and Content without the requirement of notice, and you will have
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no further rights in or to the Art for that NFT and Content. The restrictions for Section VIwill survive the expiration or termination of the Terms.Section VII: Copyright PolicyA. We respect the intellectual property rights of others. It is Our policy to respond to any claimthat Content posted on the Service infringes a copyright or other intellectual propertyinfringement of any person. If You are a copyright owner, or authorized on behalf of one,and You believe that the copyrighted work has been copied in a way that constitutescopyright infringement that is taking place through the Service, You must submit Yournotice in writing to the attention of our copyright agent via email atsupport@dreamplasia.com and include in Your notice a detailed description of the allegedinfringement. You may be held accountable for damages (including costs and attorneys'fees) for misrepresenting that any Content is infringing Your copyright.B. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA)by providing our Copyright Agent with the following information in writing (see 17 U.S.C512(c)(3) for further detail):(i) An electronic or physical signature of the person authorized to act on behalf of theowner of the copyright's interest.(ii) A description of the copyrighted work that You claim has been infringed, includingthe URL (i.e., web page address) of the location where the copyrighted work existsor a copy of the copyrighted work.(iii) Identification of the URL or other specific location on the Service where thematerial that You claim is infringing is located.(iv) Your address, telephone number, and email address.(v) A statement by You that You have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law.(vi) A statement by You, made under penalty of perjury, that the above information inYour notice is accurate and that You are the copyright owner or authorized to acton the copyright owner's behalf.
C. You can contact our copyright agent via email at support@dreamplasia.com. Upon receiptof a notification, the Company will take whatever action, in its sole discretion, it deemsappropriate, including removal of the challenged Content from the Service.Section VIII: Placing Orders for GoodsA. Placing Orders for Goods Statement. By placing an Order for Goods through the Service,You warrant that You are legally capable of entering into binding contracts. If You wishto place an Order for Goods available on the Service, You may be asked to supply certaininformation relevant to Your Order including, without limitation, Your name, Youremail, Your phone number, Your credit card number, the expiration date of Your creditcard, Your billing address, and Your shipping information.B. Reservation of Rights for Orders of Goods. We reserve the right to refuse or cancel YourOrder at any time for certain reasons including but not limited to: (i) NFT and otherGoods availability, (ii) errors in the description or prices for Goods, (iii) errors in YourOrder. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized orillegal transaction is suspected.
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Section IX: Refund and Returns PolicyA. Our Returns Policy forms a part of these Terms and Conditions. Please read our ReturnsPolicy to learn more about your right to cancel Your Order.B. Your right to cancel an Order only applies to Goods that are returned in the same conditionas You received them. You should also include all of the products instructions, documentsand wrappings. Goods that are damaged or not in the same condition as You received themor which are worn simply beyond opening the original packaging will not be refunded. Youshould therefore take reasonable care of the purchased Goods while they are in Yourpossession.C. We will reimburse You no later than 14 days from the day on which We receive the returnedGoods. We will use the same means of payment as You used for the Order, and You willnot incur any fees for such reimbursement.D. We may provide refunds for purchases that a User might make on or through the Platform,whether for NFTs, Content, or anything else.E. You will not have any right to cancel an Order for the supply of any of the following Goods:a. The supply of Goods made to Your specifications or clearly personalized.b. The supply of Goods which according to their nature are not suitable to be returned,deteriorate rapidly or where the date of expiry is over.c. The supply of Goods which are not suitable for return due to health protection orhygiene reasons and were unsealed after delivery.d. The supply of Goods which are, after delivery, according to their nature,inseparably mixed with other items.e. The supply of digital Content which is not supplied on a tangible medium if theperformance has begun with Your prior express consent and You haveacknowledged Your loss of cancellation right.
F. We are constantly updating Our offerings of Goods on the Service. The Goods available onOur Service may be mispriced, described inaccurately, or unavailable, and We mayexperience delays in updating information regarding our Goods on the Service and in Ouradvertising on other websites.G. We cannot and do not guarantee the accuracy or completeness of any information, includingprices, product images, specifications, availability, and services. We reserve the right tochange or update information and to correct errors, inaccuracies, or omissions at any timewithout prior notice.H. The Company reserves the right to revise its prices at any time prior to accepting an Order.I. The prices quoted may be revised by the Company subsequent to accepting an Order in theevent of any occurrence affecting delivery caused by government action, variation incustoms duties, increased shipping charges, higher foreign exchange costs and any othermatter beyond the control of the Company. In that event, You will have the right to cancelYour Order.J. All Goods purchased are subject to a one-time payment. Payment can be made throughvarious payment methods we have available, cards or online payment methods.K. Payment cards (credit cards or debit cards) are subject to validation checks andauthorization by Your card issuer. If we do not receive the required authorization, We willnot be liable for any delay or non-delivery of Your Order.
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Section X: User FeedbackUser Feedback. You may choose to provide Feedback. By submitting any Feedback, you agreethat we are free to use such Feedback at our discretion and without additional compensation toyou, and to disclose such Feedback to third parties (whether on a non-confidential basis, orotherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license underall rights necessary for us to incorporate and use your Feedback for any purpose.Section XI: Conditions of Use and Prohibited ActivitiesYOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILEACCESSING OR USING THE PLATFORM, AND FOR ANY CONSEQUENCESTHEREOF. YOU AGREE TO USE THE PLATFORM ONLY FOR PURPOSES THATARE LEGAL, PROPER AND IN ACCORDANCE WITH THE TERMS AND ANYAPPLICABLE LAWS OR REGULATIONS.A. User Warranties. Without limiting the foregoing, you warrant and agree that your use ofthe Platform will not (and will not allow any third party to)(1) in any manner:a. involve the sending, uploading, distributing or disseminating any unlawful, offensive,upsetting, intended to disgust, threatening, defamatory, harassing, abusive, fraudulent,obscene, or otherwise objectionable Content;b. involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files,hoaxes, or any other items of a destructive or deceptive nature;c. involve the uploading, posting, transmitting or otherwise making available through thePlatform any Content that infringes the IP Rights of any party;d. involve using the Platform to violate the legal rights (such as rights of privacy andpublicity) of others;e. involve engaging in, promoting, or encouraging illegal activity (including, withoutlimitation, money laundering);f. involve interfering with other Users’ enjoyment of the Platform;g. involve exploiting the Platform for any unauthorized commercial purpose;h. involve modifying, adapting, translating, or reverse engineering any portion of thePlatform;i. involve removing any copyright, trademark or other proprietary rights noticescontained in or on the Platform or any part of it;j. involve reformatting or framing any portion of the Platform;k. involve displaying any Content on the Platform that contains any hate-related or violentContent or contains any other material, products or services that violate or encourageconduct that would violate any criminal laws, any other applicable laws, or any thirdparty rights;l. involve using any spider, site search/retrieval application, or other device to retrieve orindex any portion of the Platform or the Content posted on the Platform, or to collectinformation about its Users for any unauthorized purpose;m. involve accessing or using the Platform for the purpose of creating a product or servicethat is competitive with any of our products or services;
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n. involve abusing, harassing, or threatening another User of the Platform or any of ourauthorized representatives, customer service personnel, chat board moderators, orvolunteers (including, without limitation, filing support tickets with false information,sending excessive emails or support tickets, obstructing our employees from doing theirjobs, refusing to follow the instructions of our employees, or publicly disparaging usby implying favoritism by any of our employees or otherwise); oro. involve using any abusive, defamatory, ethnically or racially offensive, harassing,harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar languagewhen communicating with another User of the Platform or any of our authorizedrepresentatives, customer service personnel, chat board moderators [if so], orvolunteers
(each, a “Category A Prohibited Activity”); and/or(2) in any manner:
a. involve creating User Accounts by automated means or under false or fraudulentpretenses;b. involve the impersonation of another person (via the use of an email address orotherwise);c. involve using, employing, operating, or creating a computer program to simulatethe human behavior of a User (“Bots”);d. involve using, employing, or operating Bots or other similar forms of automationto engage in any activity or transaction on the Platform (including, withoutlimitation, purchases of NFTs and Content on the Marketplace);e. involve acquiring NFTs and Content through inappropriate or illegal means(including, among other things, using a stolen credit card, or a paymentmechanism that you do not have the right to use, or purchasing an NFT andContent and then attempting to charge the cost back to your payment methodwhile still maintaining ownership or control of the NFT and Content or selling,gifting or trading the NFT and Content to someone else);f. involve the purchasing, selling or facilitating the purchase and sale of any UserAccount to other Users or third parties for cash or cryptocurrency considerationoutside of the Platform; org. otherwise involve or result in the wrongful seizure or receipt of any NFTs andContent or other digital assets (each, a “Category B Prohibited Activity” and,together with Category A Prohibited Activity, the “Prohibited Activities”).B. Effect of Your Breaches. If you engage in any of the Prohibited Activities, we may, at oursole and absolute discretion, without notice or liability to you, and without limiting any ofour other rights or remedies at law or in equity, immediately suspend or terminate yourUser Account and/or delete your NFTs and Content images and descriptions from thePlatform. If we delete your NFTs and Content images and descriptions from the Platform,such deletion will not affect your ownership rights in any NFTs that you already Own, butyou will not receive a refund of any amounts you paid for those NFTs and Content.
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YOUR OWNERSHIP OF NFTS AND CONTENT WILL ONLY BE RECOGNIZED BY USIF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCHNFTS AND CONTENT FROM A LEGITIMATE SOURCE AND NOT THROUGH ANYPROHIBITED ACTIVITY.NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLYBELIEVE THAT YOU ARE ENGAGED IN ANY OF THE CATEGORY B PROHIBITEDACTIVITIES, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND ORTERMINATE YOUR USER ACCOUNT AND DELETE YOUR NFTS AND CONTENTIMAGES AND DESCRIPTIONS FROM THE PLATFORM, WE ALSO RESERVE THERIGHT, AT OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE ORLIABILITY TO YOU, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A)TO DEEM ANY TRANSACTION THAT TOOK PLACE VIA OR AS THE RESULT OFSUCH ACTIVITIES TO BE VOID AB INITIO; AND (B) TO IMMEDIATELYCONFISCATE ANY NFTS AND CONTENT (INCLUDING THEIR UNDERLYINGNFTS) THAT WERE PURCHASED OR ACQUIRED AS THE RESULT OF SUCHACTIVITIES.Section XII: Termination
A. You Terminate. You may terminate the Terms at any time by canceling your Account on thePlatform and discontinuing your access to and use of the Platform. If you cancel yourAccount, or otherwise terminate the Terms, you will not receive any refunds for anypurchases that you might make on or through the Platform – whether for NFTs,Content, or anything else.B. We Terminate. You agree that we, in our sole discretion and for any or no reason, mayterminate the Terms and suspend and/or terminate your Account(s) for the Platformwithout the provision of prior notice. You agree that any suspension or termination of youraccess to the Platform may be without prior notice, and that we will not be liable to you orto any third party for any such suspension or termination for any reason.C. Other Remedies Available. If we terminate the Terms or suspend or terminate your access toor use of the Platform due to your breach of the Terms or any suspected fraudulent, abusive,or illegal activity (including, without limitation, if you engage in any of the ProhibitedActivities), then termination of the Terms will be in addition to any other remedies we mayhave at law or in equity.D. Referral to Governmental Authority. We have the right, without provision of prior notice, totake appropriate legal action, including, without limitation, referral to law enforcement oran applicable regulatory authority, or notifying the harmed party of any illegal orunauthorized use of the Platform. Without limiting the foregoing, we have the right to fullycooperate with any law enforcement authorities or court order requesting or directing us todisclose the identity or other information of anyone using the Platform.E. Effect of Termination. Upon any termination or expiration of the Terms, whether by you orus, your right to use the Service will cease immediately and you may no longer have accessto information that you have posted on the Platform or that is related to your Account, andyou acknowledge that we may have no obligation to maintain any such information in ourdatabases or to forward any such information to you or to any third party.
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YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES ANDOUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS,AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROMANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATINGTO ANY INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAWENFORCEMENT AUTHORITIES.Section XIII: ADDITIONAL DISCLAIMERSYOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USEOF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE PLATFORM ISPROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANYKIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENTPERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES,AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBYDISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLATFORM AND ANYPART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS,ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THEFOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORSDO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USEOF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TOOR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE ORFREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE PLATFORMWILL BE ACCURATE; (IV) THE PLATFORM OR ANY CONTENT, SERVICES, ORFEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THATYOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES INCONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVEEXCLUSIONS MAY NOT APPLY TO YOU.YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATIONAND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NOLIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT ISDUE TO OUR GROSS NEGLIGENCE.WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOUINCUR AS THE RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOTLIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USERERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUEDSMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE ORDATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESSOR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THEUSE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACKAGAINST THE PLATFORM.
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NFTS AND CONTENT ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BYVIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE PLATFORM. ALLSMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZEDLEDGER WITHIN THE PLATFORM.WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISESWITH RESPECT TO SMART CONTRACTS.WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANYOTHER SMART CONTRACT FEATURES OF THE PLATFORM, OR NFTS,INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS ORREPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THEBLOCKCHAIN SUPPORTING THE PLATFORM AND RELATED SMARTCONTRACTS, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHERISSUES HAVING FUND LOSSES AS A RESULT.Section XIV: LIMITATION OF LIABILITYYOU UNDERSTAND AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES,AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRDPARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OREXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED ANDUNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANYLOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OFGOODWILL OR BUSINESS REPUTATION, LOSS OF DATA OR OTHERINFORMATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS ORSERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IFWE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY ANDALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR YOUR ACCESSTO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THEPLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANYOTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOUHAVE ACTUALLY AND LAWFULLY PAID PLASIA UNDER THE TERMS IN THETWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORMAVAILABLE TO YOU AND ENTERED INTO THE TERMS IN RELIANCE UPON THEREPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OFLIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIRALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASISOF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TOPROVIDE THE PLATFORM TO YOU WITHOUT THESE LIMITATIONS.
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YOU AGREE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANYSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGESWHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OFPROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESSINTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OFOR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE,THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THESERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THISTERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITSESSENTIAL PURPOSE.YOU AGREE SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVELIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITYWILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.Section XV: ASSUMPTION OF RISKA. Value and Volatility. The prices of collectible blockchain assets and related smart contractsare extremely volatile and subjective and collectible blockchain assets have no inherent orintrinsic value. Fluctuations in the price of other digital assets could materially andadversely affect the value of your NFTs and Content, which may also be subject tosignificant price volatility. Each NFT and Content has no inherent or intrinsic value. Wecannot guarantee that any NFTs and Content purchased will retain their original value, asthe value of collectibles is inherently subjective and factors occurring outside of thePlatform may materially impact the value and desirability of any particular NFT andContent.B. Tax Calculations. You are solely responsible for determining what, if any, taxes apply toyour NFT and Content-related transactions. We are not responsible for determining thetaxes that apply to your transactions on the Platform.C. Use of Blockchain. The Platform may choose to store, send, or receive NFTs and Content.NFTs and Content exist only by virtue of the ownership record maintained on thePlatform’s Blockchain or a blockchain of a Third-Party Provider. Any transfer of NFTsand Content occurs within the supporting blockchain for the Platform, and not on thePlatform.D. Regulatory Uncertainty. The regulatory regime governing blockchain technologies,cryptocurrencies and tokens is uncertain, and new regulations or policies may materiallyadversely affect the development of the Plasia ecosystem, and therefore the potential utilityor value of your NFTs and Content.E. Software Risks. Upgrades to the Platform or a change in how transactions are confirmed onthe Platform may have unintended, adverse effects on all NFTs and Content on thePlatform.
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Section XVI: INDEMNIFICATIONYou agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, officers,agents, employees, advertisers, licensors, suppliers or partners from and against any claim,liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigationcost and attorneys' fees arising out of or in any way related to: (i) your breach of the Terms; (ii)your misuse of the Platform; or (iii) your violation of applicable laws, rules or regulations inconnection with your access to or use of the Platform. You agree that we will have control of thedefense or settlement of any such claims.Section XVII: EXTERNAL SITESWe strongly advise You to read the terms and conditions and privacy policies of any Third-PartyWebsite or Service that You visit.The Platform may include hyperlinks and links to External Sites, which are provided solely as aconvenience to our Users. We have no control over any External Sites. You acknowledge andagree that we are not responsible for the availability of any External Sites, and that we do notendorse any advertising, products or other materials on or made available from or through anyExternal Sites. Furthermore, you acknowledge and agree that we are not liable for any loss ordamage which may be incurred as a result of the availability or unavailability of the External Sites,or as a result of any reliance placed by you upon the completeness, accuracy or existence of anyadvertising, products or other materials on, or made available from, any External Sites.The Company has no control over, and assumes no responsibility for, the Content, privacy policies,or practices of any Third-Party Website or Service. You further acknowledge and agree that theCompany shall not be responsible or liable, directly or indirectly, for any damage or loss causedor alleged to be caused by or in connection with the use of or reliance on any such Content, Goodsor services available on or through any such websites or services.Section XVIII: FORCE MAJEUREA. Force Majeure Events. We will not be liable or responsible to you, nor be deemed to havedefaulted under or breached the Terms, for any failure or delay in fulfilling or performingany of the Terms, when and to the extent such failure or delay is caused by or results fromthe following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood,fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic(COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared ornot), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action;(e) embargoes or blockades in effect on or after the date of the Terms; (f) strikes, laborstoppages or slowdowns or other industrial disturbances; (g) shortage of adequate orsuitable Internet connectivity, telecommunication breakdown or shortage of adequatepower or electricity due to foreign governmental action or cyber attack; and (h) othersimilar events beyond our control.B. Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will usereasonable efforts to promptly notify you of the Force Majeure Event, stating the period oftime the occurrence is expected to continue. We will use diligent efforts to end the failure
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or delay and ensure the effects of such Force Majeure Event are minimized. We will resumethe performance of our obligations as soon as reasonably practicable after the removal ofthe cause. In the event that our failure or delay remains uncured for a period of forty-five(45) consecutive days following written notice given by us under the Terms, we maythereafter terminate the Terms upon fifteen (15) days' written notice.Section XIX: CHANGES TO THE PLATFORMWe are constantly innovating the Platform to help provide the best possible experience. Youacknowledge and agree that the form and nature of the Platform, and any part of it, may changefrom time to time without prior notice to you, and that we may add new features and change anypart of the Platform at any time pursuant to the Privacy Policy.Section XX: CHILDRENYou affirm that you are over the legal age to provide consent to use the Platform in the UnitedStates. The Platform is not intended for children to provide consent to use the Platform if a childis under the applicable age to provide consent within a United States jurisdiction. If you are underthe age of 18, you may use the Platform if legally permissible and if necessary parental or guardianconsent is provided to us.We may collect information from and direct our Content specifically to children under theage of 18. If we learn or have reason to suspect that you are a User who is under the age of 18, wewill unfortunately have to close your Account unless an applicable parent’s or guardian’sauthorization is received by the Company.Some jurisdictions in the United States of America may have different minimum age limits, and ifyou are below the minimum age for providing consent for data collection in your State or territory,you may not use the Platform.Section XXI: NIL AFFIRMATION You affirm that you are NOT violating NIL regulations fromany institution, athletic program, conference, or other regulatory body. You affirm that you havean obligation to modify or change User Account information upon regulatory and rule changes.Section XXII: PRIVACY POLICYOur Privacy Policy describes the ways we collect, use, store and disclose your personalinformation, and is hereby incorporated by this reference into the Terms. You agree to thecollection, use, storage, and disclosure of your data in accordance with our Privacy Policy.Section XXIII: DISPUTE RESOLUTION: BINDING ARBITRATIONA.Binding Arbitration. All disputes arising out of or in connection with this contract, or inrespect of any defined legal relationship associated therewith or derived therefrom, shall befinally settled on an individual, non-representative basis in binding arbitration in accordance withthe rules and procedures of the Revised Florida Arbitration Code (“RFAC”), Chapter 682(Florida Statutes), as modified by the Terms, or in accordance with rules on which we may
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mutually agree. Any arbitration will be conducted by a single, neutral arbitrator selected jointlyby the parties, or in the event the parties are unable to agree, designated by the AmericanArbitration Association (“AAA”). Such arbitration shall take place in Jacksonville, DuvalCounty, Florida. Plasia and User each agree that the RFAC shall govern whether a dispute issubject to arbitration.IF YOU HAVE ANY CONCERN OR DISPUTE ABOUT THE SERVICE, YOU AGREETO FIRST TRY TO RESOLVE THE DISPUTE INFORMALLY BY CONTACTING THECOMPANY DIRECTLY AT SUPPORT@DREAMPLASIA.COM. YOU AGREE TO GIVEUP ANY RIGHTS TO LITIGATE ANY CLAIMS RELATED TO THE TERMS OR THEPLATFORM, OR AGAINST US, IN ANY COURT. OTHER RIGHTS THAT YOUWOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAYBE LIMITED IN ARBITRATION.YOU AGREE TO GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF ACLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO,CLASS ACTION LAWSUITS INVOLVING THE PLATFORM.B.Arbitration Fees. Each party will cover its own fees and costs associated with the arbitrationproceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costsreasonably associated with the arbitration proceedings, we may elect to pay them for you. Thearbitrator may award any relief that a court of competent jurisdiction could award, includingattorneys’ fees when authorized by law.C.Award Enforcement. The arbitral decision will be final and binding, and any judgment on theaward rendered by the arbitrator may be entered or enforced in any court of competent jurisdiction.An arbitral decision is subject to very limited review by a court of competent jurisdiction. Theparties agree that they will not appeal any arbitration decision to any court, except as provided inFlorida Statute sections 682.13 and 682.20.D.Our Equitable Remedies. Notwithstanding the foregoing, we may seek and obtain injunctiverelief in any jurisdiction in any court of competent jurisdiction, and you agree that the Agreementis specifically enforceable by us through injunctive relief and other equitable remedies withoutproof of monetary damages.
Section XXIV: GENERALA. Entire Agreement. The Terms, including our Privacy Policy, constitutes the entire legalagreement between you and us and will be deemed to be the final and integrated agreementbetween you and us, and govern your access to and use of the Platform, and completelyreplace any prior or contemporaneous agreements between you and us related to youraccess to or use of the Platform, whether oral or written. Any cause of action you may havewith respect to the Content, Platform or the Terms must be commenced within one yearafter the claim or cause of action arose, or be barred.
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B. No Third-Party Beneficiaries. The Terms do not and is not intended to confer any rights orremedies upon any person or entity other than you.C. Interpretation. The language in the Terms will be interpreted as to its fair meaning, and notstrictly for or against any party.D. Severability. Should any part of the Terms be held invalid, illegal, void or unenforceable,that portion will deemed severed from the Terms and will not affect the validity orenforceability of the remaining provisions of the Terms.E. No Waivers. Our failure or delay to exercise or enforce any right or provision of the Termswill not constitute or be deemed a waiver of future exercise or enforcement of such rightor provision. The waiver of any right or provision of the Terms will be effective only if inwriting and signed for and on behalf of us by a duly authorized representative.F. Governing Law. All matters arising out of or relating to the Terms will be governed by andconstrued in accordance with the laws of the State of Florida, applicable therein withoutgiving effect to any choice or conflict of law provision or rule (whether of the State ofFlorida or any other jurisdiction). Your use of the Platform may also be subject to otherlocal, state, national, or international laws.G. Venue. Any legal action or proceeding arising under the Terms will be subject to thearbitration provisions in the Terms. To the extent any claim or dispute is not subject to thearbitration provisions in the Terms, any such claim or dispute must be brought exclusivelyin a federal or state court of competent jurisdiction located in Jacksonville, Duval County,Florida, and you irrevocably consent to personal jurisdiction and venue there.H. Notices. We may provide you with any notices (including, without limitation thoseregarding changes to the Terms) by email or postings on the Platform. By providing uswith your email address, you consent to our using the email address to send you any notices.Notices sent by email will be effective when we send the email, and notices we provide byposting will be effective upon posting. It is your responsibility to keep your email addresscurrent.I. Assignment. You may not assign any of your rights or obligations under the Terms, whetherby operation of law or otherwise, without our prior written consent. We may assign ourrights and obligations under the Terms in our sole discretion to an affiliate, or in connectionwith an acquisition, sale or merger.J. United States legal Compliance. You represent and warrant that you are not located in acountry that is subject to the United States government embargo, or that has beendesignated by the United States government as a “terrorist supporting” country, and (ii)You are not listed on any United States government list of prohibited or restricted parties.K. Reservation of Rights. We reserve the right, at Our sole discretion, to modify or replacethese Terms at any time. If a revision is material, we will make reasonable efforts to providenotice prior to any new terms taking affect. What constitutes a material change will bedetermined at our Sol discretion.L. Contact Plasia. Contact us if you have any questions about these terms, you can contact usvia email at support@dreamplasia.com