Indy
@Indegenuity
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time to ooga and booga DRAAAAINAGE you boy. Creative systems developer | Fighting nerds in the trenches | angel | consultant | https://t.co/cfXHWM0MjT for thoughts
Joined October 2021
@SmittyTitty_ Notsofast has full copy paste of toc here
🤔 WEBSITE TERMS OF USE Effective Date: 10 February 2025 IMPORTANT NOTICE: THESE WEBSITE TERMS OF USE CONTAIN IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, INDEMNITIES AND DISPUTE RESOLUTION MECHANISMS. BY ACCESSING OR USING THE WEBSITE (INCLUDING THE AIRDROP CLAIMS SITE) OR ANY SERVICES ENABLED THROUGH THE WEBSITE ("SERVICES"), YOU AGREE TO BE BOUND BY THESE WEBSITE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST NOT USE OR ACCESS THE WEBSITE. 1. INTRODUCTION These Website Terms of Use ("Terms") govern the relationship between you ("User," "you," or "your") and OpenSea Foundation ("Foundation") and its affiliates, including Seaport (BVI) Limited with company number 2168652 a company incorporated under the laws of the British Virgin Islands, ("Seaport") and, together with Foundation ("Company," "we," "us," or "our"), with respect to your access to and use of the website made available by Foundation at (the "Website"), including the airdrop claims site which is to be made available, in due course after the Effective Date, by Seaport at ("Claims Site"), through which eligible Users may claim certain blockchain-based-tokens ("Tokens") distributed by Seaport as part of an airdrop program or programs (the "Airdrop"). 2.ELIGIBILITY AND ACCEPTANCE OF TERMS 2.1Your use of the Website constitutes your acceptance of and agreement to be legally bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Website and refrain from claiming any Tokens. 2.2When you accept these Terms, and by accessing, browsing, or using the Website, you represent and warrant that: 2.2.1You have read, understood, and agreed to these Terms in their entirety; 2.2.2if you are an individual, that you are at least 18 years old and have capacity to form a binding contract under applicable laws; 2.2.3if you are a corporation, legal entity or other organization, that you have full power, authority and validly existing under the applicable laws to enter into these Terms; 2.2.4you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or excluded or denied persons, including but not limited to the lists maintained by the United States’ Department of Treasury’s Office of Foreign Assets Control ("OFAC"), the United Kingdom’s Office of Financial Sanctions Implementation ("OFSI"), the United Nations Security Council, the European Union or its Member States, or any other government authority (a "Prohibited Person"); 2.2.5You will not use the Website or participate in any Airdrop on behalf of any Prohibited Person; 2.2.6You have not been previously suspended or removed from accessing the Website, Claims Site, or any other associated site or service; and 2.2.7Your access and use of the Website, including without limitation any acceptance by you of any Tokens through the Claims Site, do not violate any applicable law or regulation in your jurisdiction or in any other relevant jurisdiction. SITE USER REPRESENTATIONS AND OBLIGATIONS 3.1By participating in any Airdrop, or by claiming and receiving Tokens, you further agree, represent, warrant, and covenant that: 3.1.1The number of Tokens allocated to each participant in any Airdrop will be determined by the Company, in its discretion, and such allocation may vary among participants. Tokens may be made available for claims after an initial period in which participants can check eligibility for, but not claim, Tokens. Eligibility to claim Tokens is determined by Foundation in its sole discretion. 3.1.2You are responsible for making your own decision in respect of your participation in any Airdrop and any receipt of Tokens. Your participation in any Airdrop is solely at your own risk and you assume all risks related thereto (including without limitation the risks set out in these Terms). It is your sole responsibility to seek appropriate professional, legal, tax, and other advice in respect of any Airdrop and any receipt of Tokens prior to participating in any Airdrop and prior to receiving any Tokens. Any information provided on the Website, with respect to Tokens or otherwise, is offered “AS IS” and “WITH ALL FAULTS”, and you rely on such information at your own risk. 3.1.3Your participation in any Airdrop and claim of Tokens does not require or involve any form of purchase, payment, or tangible consideration from or to us. You agree and acknowledge that you (a) lawfully may receive Tokens for free via the Airdrop (other than gas fees or applicable taxes, if any, that may be due to third parties), (b) were not promised any Tokens; and (c) took no action in anticipation of, or in reliance on, receiving any Tokens or an Airdrop. 3.1.4You are solely responsible for complying with all applicable laws of the jurisdiction in which you reside or in which you are participating in the Airdrop and/or claiming Tokens. 3.1.5You are solely responsible for any taxes, duties, or levies that may arise from your receipt, holding, or use of the Tokens. 3.1.6You are the legal owner of the digital wallet or other address that you use to access the Website or Claims Site or participate in any Airdrop and will not transfer control of such address to third parties to circumvent any eligibility requirements and/or lock-up period. 3.1.7You agree that you will not use a virtual private network ("VPN") or similar tool to circumvent any geo-blocking and/or other restrictions that we have implemented in connection with any Airdrop. Any such deliberate circumvention, or attempted circumvention, of our controls may permanently disqualify you from participation in any Airdrop, as determined in our sole discretion. 3.1.8You will provide accurate, complete, and current information as reasonably requested for know your customer ("KYC"), anti-money laundering ("AML"), sanctions checks, or other compliance purposes, and promptly update any such information if it becomes outdated. 3.1.9You are not entitled to receive any Tokens and/or to participate in an Airdrop based on any documentation, commentary, calculators, metrics, and/or points systems published or otherwise made known by third parties monitoring activities on OpenSea (or any of its smart contracts or related protocols) or providing third-party applications or services relating thereto ("Third-Party Publications and Services"). You have no claim to Tokens based on such Third-Party Publications and Services. 3.1.10Your participation in any Airdrop may require reliance on, or an integration with, third-party products or services (e.g., a wallet or a network or blockchain) that we do not control. In the event that you are unable to access such products, services, or integrations, or if they fail for any reason, and you are unable to participate in an Airdrop or claim Tokens as a result, you will have no recourse or claim against us or subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees and we and our subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees will not bear any responsibility or liability to you. 3.1.11If you are unable to claim any Tokens in an Airdrop due to technical bugs, smart contract issues, gas fees, wallet incompatibilities, loss of access to a wallet or the keys thereto, or for any other reason, you will have no recourse or claim against us or our subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees and that we and our subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees will not bear any liability. 4.AIRDROP AND TOKEN DISTRIBUTION 4.1The Airdrop is made available at the sole discretion of the Company. Participation is voluntary and may be subject to eligibility criteria determined by the Company in its sole discretion. 4.2The Company reserves the right to modify, suspend, or terminate the Airdrop, in whole or in part, at any time without notice or liability to you or any third party 4.3The number of Tokens, the eligibility criteria to access the Claims Site and/or participate in any Airdrop, and the conditions under which Tokens are distributed may vary and are determined by the Company in its sole discretion. 5.WALLET SECURITY 5.1As part of an Airdrop, the Company may distribute Tokens to you or enable you to claim Tokens. In order to receive Tokens, you may be required to connect a wallet address (a "Wallet") through the Claims Site. 5.2You acknowledge that you are solely responsible for the management of the private keys for, and security of, your Wallet(s). We do not and will not manage, store, collect or otherwise access the private keys for your Wallet(s). We do not have custody or control over the contents of your Wallet(s) and have no ability to retrieve or transfer those contents. We are not and will not be responsible or liable for any claims, damages, losses or liabilities whatsoever resulting from the compromise of your systems or Wallet(s) or arising directly or indirectly from your failure to comply with this provision of the Terms. INVESTMENT ADVICE OR GUARANTEE OF VALUE 6.1Tokens are provided on a gratuitous basis to foster community engagement, network participation, or similar objectives. They are not intended as a financial instrument, investment, security, or other store or representation of value, and nothing in these Terms or the Website constitutes investment, legal, or tax advice. 6.2The Company makes no representation, warranty, or guarantee that the Tokens have or will have any monetary value, market price, or liquidity. The Tokens may be or become worthless, or may never achieve any tangible or intangible value. 6.3These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms. 7.COMPLIANCE AND VERIFICATION 7.1The Company may, at its sole discretion and at any time, require you to undergo verification procedures (including KYC and AML checks) in order to claim, receive, or use any Tokens. 7.2If you fail to comply with any verification or eligibility requirements, the Company reserves the right to refuse you access to the Website (including the Claims Site) or to withhold or revoke any Tokens 8.INTELLECTUAL PROPERTY 8.1All content, trademarks, service marks, trade names, logos, and intellectual property rights on or related to the Website (excluding third-party trademarks and intellectual property) are owned or licensed by the Company or its affiliates. 8.2You are granted a limited, non-exclusive, non-transferable, revocable license to (i) access and use the Website for your personal or internal business use, and (ii) to access and use the Claims Site for the sole purpose of determining eligibility for and participating in the Airdrop(s). You may not modify, reproduce, distribute, create derivative works of, publicly display, or otherwise exploit any content, features, or functionality of the Website without the Company’s prior written consent. 8.3You may from time to time provide Company with suggestions, recommendations, or other feedback with respect to this Website, any Airdrop, or Company’s other products and services ("Feedback"). You hereby grant Company a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use such Feedback without attribution or compensation, in any manner and for any purpose. 9.PROHIBITED ACTIVITIES 9.1The following activities are expressly prohibited when using the Website, including when participating in any Airdrop: 9.1.1Concealing your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities. 9.1.2Enabling (including attempting to enable) the spread of viruses, Trojans, malware, worms or other program processes that damage, disrupt, misuse, impair, secretly intercept, destroy or disable (operating) systems, data or information, or granting unauthorized access to systems, data, information or the Website. 9.1.3Using an automatic device or a mechanical or manual method for monitoring or replicating the Website or the services thereon without our prior written permission. 9.1.4Engaging in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another. 9.1.5Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or further or promote any criminal activity or enterprise or provide instructional information about illegal activities. 9.1.6Any use in violation of any valid law such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination, misleading advertising, and any violation against copyrights, patents, trademarks, trade secrets and other property rights. 9.1.7Encouraging or enabling any other individual or entity to do any of the foregoing or otherwise violate these Terms. 9.2Any use in violation of any valid law such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination, misleading advertising, and any violation against copyrights, patents, trademarks, trade secrets and other property rights. 10.DISCLAIMERS 10.1YOUR USE OF THE WEBSITE AND YOUR PARTICIPATION IN ANY AIRDROP IS AT YOUR OWN RISK. THE WEBSITE, THE AIRDROP, AND THE TOKENS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. 10.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 10.3THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR ANY ASSOCIATED SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION PROVIDED ON OR IN CONNECTION WITH THE WEBSITE OR ANY AIRDROP IS ACCURATE, COMPLETE, OR CURRENT. 11.LIMITATION OF LIABILITY 11.1You acknowledge and agree that you assume all risks in connection with your access and use of the Services, the Website, any Tokens, and any Airdrop process. You waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Website or our Services, including your interaction with any Airdrop or Tokens. 11.2YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENT, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, BUSINESS, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RESULTING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR YOUR RECEIPT OR USE OF (OR INABILITY TO RECEIVE OR USE) ANY TOKENS. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (i) ONE HUNDRED UNITED STATES DOLLARS (USD $100) AND (ii) THE REMEDY UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. 11.3Some jurisdictions do not allow certain warranty disclaimers or limitations on liability. Only disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law. 12.INDEMNIFICATION 12.1You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, and representatives from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: 12.1.1Your use or misuse of the Website or Tokens; 12.1.2Your breach of these Terms; 12.1.3Your violation of any applicable law, rule, or regulation; or 12.1.4Your infringement or violation of the rights of any third party. 13.TERMINATION 13.1The Company may, at its sole discretion, suspend or terminate your access to the Website or your ability to claim Tokens at any time, with or without cause or notice, and without liability to you. 13.2Upon termination of these Terms for any reason, all licenses and rights granted to you hereunder shall terminate, and you must cease all use of the Website. The Company’s disclaimers and limitations of liability, your indemnification obligations, and all other provisions of these Terms that by their nature are intended to survive, shall survive any termination of these Terms. 14.GOVERNING LAW; VENUE 14.1These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to conflicts of law principles. Venue. To the extent that any dispute is not covered by any arbitration agreement between you and us, then unless otherwise required by applicable law in your jurisdiction it shall proceed before the courts located in the British Virgin Islands. Individual users based in certain jurisdictions may have additional statutory rights, and nothing set forth in this Section 14 or Section 15 of these Terms is intended to supersede or replace those statutory rights. 15.DISPUTE RESOLUTION AND BINDING ARBITRATION 15.1Please read this Section 15 (the "Arbitration Agreement") carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 15.2Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement (including Section 15.3, which shall apply notwithstanding any laws or rules in your jurisdiction that may prohibit mandatory or compelled arbitration), you and Company agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Website, Tokens, Services, or these Terms and prior versions of these Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms. 15.3Informal Dispute Resolution. There might be instances when a Dispute arises between you and the Company. If that occurs, the Company is committed to working with you to reach a reasonable resolution. You and the Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and the Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will meet and confer in person, telephonically, or via videoconference, in Company’s reasonable discretion, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to the Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to the contact information set forth below. The Notice must include: (1) your name, telephone number, mailing address, and e-mail address; (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple Users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. 15.4Class Action Waiver. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN THE PARAGRAPH ENTITLED “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action. This means that you may not seek relief on behalf of any other parties in arbitration. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph, “Class Action Waiver” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the courts indicated below. All other Disputes shall be arbitrated or litigated in small claims court. This paragraph does not prevent you or Company from participating in a class-wide settlement of claims.greement between you and us, it shall proceed before the courts indicated in Section 14.
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@0xuberM yeah how about next time you send me the CA spoonfed on a silver platter and THEN tweet about it foenem pls my family is STARVING
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@mightbedrop it makes sense now why all the bera baddies had bera masks on the entire time in promotional material
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