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TERMS AND CONDITIONS

Last Updated: September 13, 2024

Please carefully read these Terms of Use (“Terms”) and retain a copy for your reference. You should also be aware that specific terms or conditions may apply depending on your jurisdiction, as outlined below.
For details on how we collect, use, share, and process your information, please review our Privacy Notice at https://bfglabs.xyz/privacy.

Agreement to Terms

These Terms are a legally binding agreement between you, as an individual user or site visitor (whether acting personally or on behalf of an entity) (“user,” “you,” or “your”), and BFG Labs, LLC (“BFG Labs,” “we,” “us,” or “our”), regarding your access and use of BFG Labs services. These services include https://bfglabs.xyz/, as well as any related media, channels, or mobile platforms (collectively, the “Service”). BFG Labs currently operates https://bfglabs.xyz/ as a platform for sharing news, updates, and information about the BFG Labs.

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Additional terms or conditions may be posted on the Service from time to time and are incorporated by reference. We reserve the right to change or modify these Terms at our discretion and for any reason. You will be informed of changes by the updated “Last Updated” date at the top of these Terms, and you waive any right to receive specific notice of each change. It is your responsibility to regularly review the Terms to remain informed of any updates. Your use of the Services after any updates or changes to the Terms of Use are posted constitutes your acceptance of the modified Terms of Use.

The information provided on the Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would violate applicable law or regulation subject us to additional legal obligations. If you access the Service from other locations, you do so at your own risk and are responsible for compliance with local laws are applicable.

The Service is intended for individuals who are at least 18 years old. By using the Service, you affirm that you are either 18 years of age (or the legal age of majority in your jurisdiction) or using the Service under the supervision of a parent or guardian and are legally capable of entering into a contract. If you are a parent or legal guardian of a user under the age of 18 (or the legal age of majority), you agree to be responsible for that user’s actions. If you are using the Service on behalf of another person or entity, (a) all references to “you” in these Terms apply to that person or entity, (b) you confirm that you are authorized to accept these Terms on their behalf, and (c) that person or entity agrees to be liable for any violations of these Terms by you or it.

PLEASE NOTE: THE “DISPUTE RESOLUTION” SECTION BELOW CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES ALL DISPUTES TO BE SETTLED THROUGH INDIVIDUAL ARBITRATION, AND PROHIBITS CLASS ACTION LAWSUITS. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS PROVISION. PLEASE REVIEW IT CAREFULLY.

Access to the Service

Subject to these Terms, we grant you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Service solely for personal, non-commercial purposes. All rights not expressly granted herein are reserved by BFG Labs.

Termination or Suspension of Access

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO DENY ACCESS TO OR USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY INDIVIDUAL OR ENTITY FOR ANY REASON OR NO REASON, WITHOUT NOTICE OR LIABILITY, INCLUDING WITHOUT LIMITATION FOR VIOLATING ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR APPLICABLE LAW OR REGULATION. WE MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICE AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION. IF YOUR ACCESS IS TERMINATED OR SUSPENDED, YOU ARE PROHIBITED FROM ATTEMPTING TO USE THE SERVICE UNDER YOUR OWN NAME, A FALSE NAME, OR THE NAME OF ANY THIRD PARTY, EVEN IF YOU ARE ACTING ON THEIR BEHALF. WE ALSO RESERVE THE RIGHT TO PURSUE LEGAL ACTION, INCLUDING WITHOUT LIMITATION CIVIL, CRIMINAL, AND INJUNCTIVE REMEDIES.

Content on the Service

(a) Content You Provide

  • Licenses: By submitting, posting, or making any information, data, or other content available on the Service (“User Content”), you grant us an irrevocable, worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable, and sublicensable license to use, reproduce, adapt, modify, distribute, display, and create derivative works from that User Content in any media, now known or later developed. This license allows us to make your User Content available to the public and for others to access, use, and share under these Terms.
  • Responsibility for User Content: You are solely responsible for any content you submit, post, or make available through the Service. WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR USER CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USER CONTENT, INCLUDING ANY RELIANCE BY OTHERS ON ITS ACCURACY OR RELIABILITY.

By submitting User Content, you affirm and warrant that:

  • You have obtained all necessary rights and consents for any identifiable individuals in your content;
  • Your content does not infringe upon third-party rights, including intellectual property and privacy rights;
  • Your content does not contain classified or sensitive government information;
  • Your content complies with applicable laws and these Terms.

Prohibited Locations

BFG Labs is not available to users located in jurisdictions subject to sanctions or other restrictions, such as [North Korea, Iran, Russia, or Syria]. If you are subject to such restrictions, you may not use the Service.

Prohibited Activities

You agree not to:

  • Engage in unauthorized data collection or scraping;
  • Circumvent security features of the Service;
  • Impersonate others;
  • Use the Service for commercial purposes without our approval.

Trademarks

“BFG Labs,” the BFG Labs logos, and related product or service names are trademarks of BFG Labs and may not be used without prior written consent.

Governing Law

These Terms are governed by the laws of the Cayman Islands. Any disputes that cannot be arbitrated under the “Dispute Resolution” section must be brought in the Cayman Islands.

Dispute Resolution

Please read this section carefully as it requires arbitration of disputes on an individual basis and waives class action claims. This affects how disputes between you and BFG Labs are resolved.

(a) Mandatory Arbitration of Disputes.
Any dispute, claim, or controversy arising out of or relating to these Terms, including breach, termination, enforcement, or interpretation thereof (collectively, “Disputes”), will be resolved exclusively by binding individual arbitration, not as part of any class, collective, or representative action. YOU AND BFG LABS AGREE TO WAIVE THE RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION. This arbitration clause will survive any termination of the Terms.

(b) Exceptions.
The only exceptions to arbitration are: (i) either party may bring a claim in small claims court, if applicable, and (ii) either party may seek injunctive relief in court to protect their intellectual property rights.

(c) Arbitration Rules.
The arbitration will be conducted by JAMS under its International Arbitration Rules, which are available at jamsadr.com. The language of arbitration will be English. The arbitrator will have exclusive authority to resolve any disputes relating to the interpretation or enforceability of this arbitration agreement.

(d) Arbitration Costs.
Filing, administration, and arbitrator fees will be governed by the JAMS Rules. BFG Labs will not seek reimbursement of these fees unless the arbitrator determines your Dispute is frivolous. If BFG Labs prevails in arbitration, it will pay its own attorneys’ fees; if you prevail, you may be entitled to recover your fees as allowed by law.

(e) Injunctive and Declaratory Relief.
The arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. Public injunctive relief, if sought, must be litigated in a civil court of competent jurisdiction, and arbitration of individual claims will be stayed pending the outcome of such litigation.

(f) Class Action Waiver.
YOU AND BFG LABS AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable, the entirety of this Dispute Resolution section shall be null and void.

(g) Severability.
Except for the Class Action Waiver, if any part of this section is found to be unenforceable, the rest of the Dispute Resolution section will still apply.

Disclaimer and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BFG LABS DISCLAIMS ALL WARRANTIES AND IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE.

Indemnification

You agree to indemnify BFG Labs for any claims, liabilities, or damages arising from your use of the Service, breach of these Terms, or violation of third-party rights.

Miscellaneous

These Terms constitute the entire agreement between you and BFG Labs. If any provision is deemed unenforceable, the remainder of the Terms will continue in effect.

Contact Information

For questions or complaints, contact us at compliance@bfglabs.xyz.

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