Swanky Space Squad Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR PURCHASING AN NFT.

These Terms of Use govern use of the Swanky Space Squad — a Butler Enterprises LLC subsidiary — website. By using this site, you agree to these Terms of Use. If you do not agree to all of these Terms of Use, you are not authorized to access or use the Swanky Space Squad (SSS) website or Swanky Space Squad Services. Swanky Space Squad Services incudes those activities and assets planned for NFT purchasers.

Swanky Space Squad may revise and update these Terms of Use at any time. Your continued usage of Swanky Space Squad refers to you accepting those changes. The most current version of these Terms of Use can be accessed at any time by selecting the “Terms of Use” link on the bottom of the Swanky Space Squad homepage. Please review the Terms of Use often so you will be apprised of any changes made.

Swanky Space Squad’s Services

Swanky Space Squad is a Utility-Enabled PFP NFT that seeks to provide access to fine jewelry at manufacturing pricing for pieces with retail value above $4,000 USD. In addition, it seeks to provide in real life (IRL) and Virtual benefits outlines in the Roadmap. The user of this website understands that Swanky Space Squad will work to make this roadmap a reality, but there is a risk of the Roadmap not being completed. In addition, for the full Roadmap to be realized, we will need to generate enough revenue from the collection to cover the benefits planned. There is a risk that the NFT could devalue.

Legal Notices and Disclaimers

No information found on the Swanky Space Squad website should be relied on as professional advice. Nothing contained in this website should be construed, directly or indirectly, as providing medical, financial, or legal services by Swanky Space Squad. The information and Services provided on or through Swanky Space Squad are intended solely as general educational material and provide a mechanism to find and connect to a community and individuals who, subject to his or her professional responsibilities, may or may not educate you about a topic.

Privacy

By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy. All personal information you submit to Swanky Space Squad is governed by the Swanky Space Squad Website Privacy Policy.

Links to External Websites

Swanky Space Squad may contain links to other sites. Once you enter another website (whether through a sponsor, service, or content link), Swanky Space Squad is not responsible for either the content or the privacy practices of these other sites and cannot guarantee either the accuracy of the information presented there, nor the privacy of your data collected by those sites.

Usernames and Passwords

Swanky Space Squad allows you to record and store information in your individual portal, which is password protected. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Swanky Space Squad username or passwords. It is your sole responsibility to (1) control the dissemination and use of your Swanky Space Squad username and passwords; (2) authorize, monitor, and control access to and use of your Swanky Space Squad username and password; (3) promptly inform Swanky Space Squad if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” link on the Swanky Space Squad website menu. You grant Swanky Space Squad the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of Swanky Space Squad. Swanky Space Squad cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Swanky Space Squad’s portal.

Account Termination

You or Swanky Space Squad may suspend or terminate your access to its website at any time, with or without cause. Swanky Space Squad has the right to refuse access to its website to any person or organization, or to prohibit any person or organization from using its website, at any time, with or without cause, at our sole discretion. You may deactivate your account and end your registration at any time, for any reason, by deleting your account through your portal.

Forbidden Uses

You agree not to:

(i) upload or transmit any communication or content of any type that infringes or violates any rights of any party.

(ii) use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit or otherwise use this website or any of its contents in any way for any public or commercial purpose.

(iii) reverse engineer, disassemble or decompile any software included in the content.

(iv) use this website for any purpose in violation of local, state, national, or international laws.

(v) use this website as a means to distribute or post advertising or other unsolicited material to any third party.

(vi) impersonate any person or entity or falsely represent your identification or affiliation.

(vii) distribute computer viruses or other harmful computer codes.

(viii) harvest or otherwise collect information about others.

(ix) copy or distribute in any medium any part of this website.

(x) otherwise interfere with the operation of this website.

Swanky Space Squad recommends you install appropriate defenses against viruses and other malware before you download any information from its website. Swanky Space Squad shall accept no liability for any viruses or malware contracted as a result of visiting its website or any other website and will not be liable for any claim, loss, damage, costs, or expenses suffered or incurred by any person as a result of the presence of any virus or malware on its website or another website.

Intellectual Property

All graphics, text, photographs, images, video, audio, and other material supplied by or through Swanky Space Squad are protected by federal, state, and foreign copyright, trademark, and other intellectual property laws.  Swanky Space Squad grants to you a limited, non-exclusive right and license to use the foregoing solely as limited by these Terms, provided that you keep intact any and all copyright and other proprietary notices. Failure to abide by these terms could result in termination of your ability to use Swanky Space Squad, in addition to any other remedy available to Swanky Space Squad at law.

Swanky Space Squad also contains graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Swanky Space Squad or its licensors that may not be clearly identified as, or intended for, your use, including without limitation the organization, design, compilation, and “look and feel” of the Swanky Space Squad website. Such content is protected by federal, state, and foreign copyright, trademark, and other intellectual property laws, and is the property of Swanky Space Squad or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any content is strictly prohibited. Without limiting the foregoing, you may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through Swanky Space Squad without its prior written consent.

Liability of Swanky Space Squad

The use of the Swanky Space Squad website is at your own risk. During your use of Swanky Space Squad, information will be transmitted over a medium that may be beyond the control of Swanky Space Squad. Accordingly, Swanky Space Squad assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Swanky Space Squad website or your Internet Provider.

Swanky Space Squad is provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, SWANKY SPACE SQUAD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Swanky Space Squad makes no representations or warranties about the accuracy, reliability, completeness, currency, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of Swanky Space Squad.

In no event shall Swanky Space Squad be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of, or inability to use, the Swanky Space Squad website.

You agree to indemnify, defend, and hold harmless Swanky Space Squad and its Affiliates, and each of their respective officers, directors, members, employees, agents, representatives, and each provider with whom you may have contact through Swanky Space Squad, and each provider’s respective agents, employees, successors, and assigns from and against any and all suits, claims and liabilities (including reasonable attorney’s fees) that may arise from your any data you input, from your unauthorized use of material obtained through Swanky Space Squad or its website, from your breach of these Terms of Use, or for any other acts or omissions  related to your use of Swanky Space Squad or its website.

Arbitration

This Provision allows us to promptly and efficiently resolve any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers, or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation and do not wish to waste the court’s valuable time. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Swanky Space Squad, or in any way relating to your use of the Swanky Space Squad or its website, lies in the courts of the State of Delaware and you further agree that any legal action or proceeding related to Swanky Space Squad or its website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Delaware.

These Terms of Use are governed by the substantive laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.