This AUP relates to any use or access by you (“you” or “your” or “user”) of the services offered by Rnerds, LLC (“WYNFT”) at the website located at << https://wearyournft.com/ >> including, without limitation, services allowing you to upload a design for the creation of apparel, allowing WYNFT to manufacture and distribute your apparel, allowing WYNFT to create an online store-front displaying and offering for sale your apparel, and allowing WYNFT to assist you in fundraising efforts (collectively, the “Service”). This AUP supplements and is in addition to any other terms and conditions between you and WYNFT regarding use and access to the Service, including, without limitation, WYNFT’s Terms of Use and Privacy Policy.
BY ACCESSESING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AUP, UNDERSTAND IT, AND AGREE TO THE TERMS OF THIS AUP. IF YOU DO NOT AGREE TO ANY TERM OF THIS AUP, YOU MAY NOT USE THE SERVICE.
Your Obligations. The examples listed in the AUP are not exhaustive. Prohibited uses and activities include, without limitation, any use of the Service in a manner that, in WYNFT’s sole reasonable judgement, involves, facilitates, or attempts any of the following:
- permitting access to the Service by a third-party other than access by you;
- accessing any computer, network, data, or communications system without authorization, including the computers, networks, data, or communications systems used to provide the Service;
- penetrating or disabling any security system;
- distributing or introducing a computer virus, launching a denial of service attack, or in any other way attempting to interfere with the functioning of any computer, network, communications system, or website;
- accessing or otherwise interfering with the accounts of others or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the Service or the Service functionality;
- violating any law of, or committing any conduct that is tortuous or unlawful in, any applicable jurisdiction;
- using the Service in violation of any other agreement or policy of WYNFT regarding use and access of the Service;
- exporting or allowing access to the Service in any manner contrary to the export regulations of the United States;
- downloading, copying, saving, framing, retrieving, or storing in electronic or any other form any part of the Service in any manner other than as expressly permitted hereunder;
- disassembling, decompiling, decoding, or reverse engineering, the Service or any software included in or with the Service;
- infringing upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity, including, without limitation, providing apparel designs that would violate any other persons’ or entities’ intellectual property rights;
- removing, deleting, altering, or obscuring any trademarks or any copyright, patent, or other intellectual or propriety rights notices from the Service;
- violating the privacy rights of any person;
- distributing, publishing, sending, storing or facilitating unsolicited communications or material that is defamatory, abusive, of an obscene or threatening character, pornographic, lewd, or excessively violent, regardless of whether the material or its dissemination is unlawful;
- engages in any behavior that stalks, harasses, or harms anyone; and/or
- advocating or inducing illegal activity.
You are responsible for any actions that are performed via your account, whether performed with or without your authorization.
Your Representations and Warranties. By accessing and using the Service, you represent and warrant that no third-party intellectual property rights are or will be infringed or otherwise violated by you or your access and use of the Service, including, without limitation, any and all phrases and designs submitted by you for the purposes of the Service being performed.
Consequences of Violation. Violation of this AUP may lead to suspension or termination of the user’s account or legal action. In addition, you may be required to pay for the costs of investigation and remedial action related to AUP violations. WYNFT reserves the right to take any other remedial action it sees fit.
WYNFT does not pre-approve any Designs that are uploaded to the Website. You acknowledge and agree that WYNFT shall have the right, but not the obligation, in WYNFT’s sole and absolute discretion, to reject or remove any Design that is made available through the Website. WYNFT furthers reserves the right to require confirmation that you have all necessary rights to upload and offer for sale any Design. If you fail to provide any such confirmation, WYNFT has the right, in its sole and absolute discretion, to remove or reject any Design and/or deny access to, or terminate, your account.
You further acknowledge and agree that WYNFT has the right to remove, without prior notice, any Design that WYNFT believes violates this AUP or any other WYNFT policy.
Disclaimer. WYNFT does not intend, and is not obligated to, review, monitor, or control content or data that is sent, received, or stored in or on the Service unless required by law and WYNFT accepts no responsibility or liability to you or any other person for the content or data that is transmitted by or made available to you regardless of whether it originated from WYNFT or the Service.
In no event shall WYNFT be liable to any user of its Service nor any third party for any direct, indirect, special, and/or consequential damages for actions taken pursuant to this AUP, including, without limitation, any lost profits, business interruption, loss of income, loss of programs, loss of data, or otherwise.
Reporting Unacceptable Use. WYFNT requests that anyone with information about a violation of this AUP or misuse of the Service report it via e-mail to the following address: info@wearyournft.com.
Revision of AUP. WYNFT may, in its sole and absolute discretion, change this AUP at any time by posting a new version on this page or by posting a notice of such changes within the Service. The new version will become effective on the date of posting. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following any such changes shall indicate your acknowledgement and agreement of such changes.
Contact Us. If you have any questions regarding this AUP, you may contact WYNFT at info@wearyournft.com.