Last Revised on November 22, 2022
Welcome to the Terms of Service (these “Terms”) for the website, https://pick.flow3rs.io/ (the “Website”), operated by or on behalf of Flow Carbon Inc. (“Flow Carbon”) and Mojito Inc. (“Company”, and together with Flow Carbon, “we” or “us”). The Website and any content, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, data, information, applications, software, or materials (collectively, “Third-Party Materials”) we make available via the Services. Except to the extent that they are preempted by U.S. federal law, the laws of the state of Delaware, excluding conflict-of-laws principles of any jurisdiction, govern these Terms and any Disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
In some countries, and for certain people or entities, there may be restrictions on the distribution of NFTs under applicable export control and sanctions laws and regulations or restrictions on the use of the Services, and therefore the use of the Services may be limited or restricted.
Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You have the right to opt-out of arbitration as explained in Section 9.
1. The services and eligibility to use the services
2. User accounts
3. Purchases via the services
4. Location of our Privacy Policy
5. Rights we grant you
6. Ownership and content
7. Third party services and materials
8. Disclaimers, limitations of liability, and indemnification
9. Arbitration and class action waiver
10. Additional provisions
1.1 NFTs. The Services allow you to purchase a collection of Flow Carbon NFTs (“the NFTs”) whose ownership is recorded on the Ethereum blockchain or such other blockchain that we may support from time to time. “NFT” means a blockchain-tracked, non-fungible token. The NFTs are associated with metadata, artwork, graphics, images, designs, logos, drawings, photographs, texts taglines or video or audio recordings which for the avoidance of doubt constitute NFT Media (as defined below in Section 5.1). NFT Media associated with the NFT is created by artists curated by the Company and/or Flow Carbon (collectively, “Creators”) All right, title and interest in the NFT Media associated with each NFT (including all copyrights, trademark rights and all other intellectual property rights) is owned by Flow Carbon or Flow Carbon’s Creators licensors. If you Own an NFT, your ownership is limited solely to ownership of the NFT, and does not extend to the NFT Media (as defined below in Section 5.1), and is subject to your license in the Art Media as specified below. “Own” for purposes of the foregoing, means a NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain. The purchase of an NFT may also allow you to access certain other features that may be made available from time to time (collectively, such access and features, the “Additional Features”). For clarity, our inclusion of the Additional Features does not imply or warrant that they will be available at any other time, and we may cease providing such Additional Features at any time in their sole discretion. You are solely responsible for any actions taken on such website and we shall not be liable for any loss resulting in whole or in part from your use of such Services.
1.2 Smart Contracts; Intangible Property. The NFTs available on the Website are digital assets created through the use of smart contracts, executable computer code initially maintained on a chain Network (“Smart Contracts”). The chain network provides a ledger of all transactions that occur on that network, including transfers of NFTs. NFTs are owned by controlling a private key associated with a public address on the chain network and will continue to exist as long as the node operators from time to time maintain the chain network (or the NFT has be recorded on another blockchain network). This means that all NFTs are outside of the control of any one party, including the Company, Flow Carbon and/or third-party service provider and any single node operator.
1.3 Metadata. Metadata relates to the visual, audio, or other work associated with an NFT will be separately maintained by us, our subcontractors, or partners in a digital storage media of our choice. Obtaining an NFT will not entitle you to possession of, or any rights in, any physical artwork or other physical item, even if a physical artwork or other item from which the metadata was derived exists.
1.4 Eligibility. You must be at least 13 years of age or older to use the Services. Children under the age of 13 are not permitted to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. By using the Services, you represent and warrant that you meet this requirement. In furtherance of our policy of not collecting personal information from persons under the age of 13, Users are not allowed to give Company or Flow Carbon the personal information of any persons under the age of 13 for any reason.
1.5 Wallets. All transactions for NFTs initiated through our Services require you to use multi-signature wallets or third party non-custodial digital wallets (“Wallets”), such as MetaMask. By using our Services you agree that you are governed by the terms or service and privacy policies of those Wallets that you choose to use. You are solely responsible for keeping your Wallet and any private keys necessary to decrypt your Wallet secure and you should never share your Wallet seed phrase or private keys with anyone else via the Services. We have no ability to help you access or recover your private keys for your Wallet, so please keep them in a safe place. By using such Wallets to conduct such transactions via the Services, you agree that you are governed by the terms of service and privacy policy for the applicable Wallets, and that Company and Flow Carbon have no responsibility, liability or responsibility to you in any way arising from your use of such third-party Wallets, including for any security failures or other errors or failures of such Wallets.
1.6 SECONDARY MARKETPLACES AND THIRD-PARTY PLATFORMS. YOU MAY BE ABLE TO BUY, SELL, TRADE, AND TRANSACT NFTS ON SECONDARY MARKETPLACES THAT WE OR OUR AFFILIATES MAY OPERATE, OR VIA THE SECONDARY MARKETPLACES OF THIRD-PARTY PLATFORMS. WE MAY NOT BE ABLE TO CONTROL THE ACTIONS OF SECONDARY MARKETPLACES OF THIRD-PARTY PLATFORMS AND MAKE NO PROMISES OR GUARANTEES OF ANY KIND REGARDING SUCH THIRD-PARTY MARKETPLACES. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE MAY IMPLEMENT A TRANSACTION FEE ON ANY SECONDARY SALE OF NFTS OR THAT A ROYALTY MAY BE REQUIRED BY THE TERM OF SUCH NFTS, AND SUCH TRANSACTION FEES AND ROYALTIES MAY BE INCORPORATED INTO THE SMART CONTRACTS FOR SUCH NFTS OR IN OUR AGREEMENTS WITH SUCH MARKETPLACES.
2.1 Creating and Safeguarding your Account. To use certain of the Services, you need to create an account (“Account”). You can create an Account by linking your Wallet address to the Website and providing an email address and password that will be associated with your Wallet address. You agree to provide us with accurate, complete, and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password and Account. Company and Flow Carbon are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at flowcarbonsupport@mojito.xyz if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. Company and/or Flow Carbon may require you to provide additional information and documents regarding your use of the Services, including at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering, or for counteracting financing of terrorism. Company and/or Flow Carbon may also require you to provide additional information and documents in cases where it has reasons to believe that:
3.1 Purchases of Offerings. The Services may permit you to purchase and sell NFTs and certain other products or services through the Services such as physical merchandise related to NFTs (collectively, the “Offerings”). All purchases of Offerings via the Services are non-refundable unless specified by the applicable seller of the Offering. You acknowledge and agree that all payment information you provide with regards to a purchase of Offerings is accurate, current and complete. When you purchase Offerings, you agree to pay the price for such Offerings as set forth in the applicable listing for the Offering, and all processing fees, network fees (including gas fees) and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”). All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. You must pay for your purchase via the cryptocurrency or other payment currency designated by the Services. In certain cases, your transaction may not be successful due to an error with the blockchain or the Wallet. We accept no responsibility or liability to you for any such failed transactions, or any transaction or gas fees that may be incurred by you in connection with such failed transactions. We are not a cryptocurrency or fiat payment processor. We use third party payment processor services to enable you to purchase and sell NFT’s and certain goods or services. You are solely responsible for any actions taken on such website and we shall not be liable for any loss resulting in whole or in part from such provider.
3.2 Auction Terms. In addition to sale at a set price, the NFTs may be sold on the Services as part of an auction. We offer different types of auctions, such as English auctions, Dutch auctions, bonding curve auctions, etc. It is your responsibility to review and understand how each auction works before participating. As soon as you place and confirm your bid amount, you agree that you may not be able to amend, retract or revoke your bid and the bid amount will be deducted from your Wallet. We are not responsible for any errors made in your bidding. We reserve the right to be the final decision maker on any disputes arising from purchases via the Services, including in connection with any auctions.
3.3.Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that Company and/or Flow Carbon establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Company or Flow Carbon, as applicable; (d) may be disabled or have additional conditions applied to them by Company or Flow Carbon at any time for any reason without liability to Company or Flow Carbon; (e) may only be used pursuant to the specific terms that Company or Flow Carbon establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.flow3rs.io/privacy-policy.
5.1 License Grants.
5.2 Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
6.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Flow Carbon, and/or their licensors own all right, title and interest in and to the Services (including the NFT Media, any and all intellectual property rights in the Services and NFT Media) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than your Content), including the right to create derivative works.
6.2 Ownership of Trademarks. Company or Flow Carbon’s name, trademarks, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Company or Flow Carbon, or their affiliates, service providers, or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or Flow Carbon.
6.3 Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Service, Company and Flow Carbon must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide, and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify, or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
6.4 Notice of Infringement-DMA Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
Notices of copyright infringement claims should be sent by mail to 88 University Place, Floor 10, New York, NY 10003, Attn: Flow Carbon or by e-mail to flowcarbonsupport@mojito.xyz. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the use of Services via the Accounts or Wallets connected to the Accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Any user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
7.1 Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites (such as Twitter, Discord, and secondary NFT marketplaces). By using the Services, you acknowledge and agree that Company and Flow Carbon are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
7.2 We may partner with other companies (“Third-Party Partners”) to successfully provide you with some of the Services. In order to accomplish the aforementioned, we may need to share your Personal Information with the applicable Third-Party Partners so they can meet their legal and regulatory obligations. Please visit our Privacy Policy for more information.
8.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Flow Carbon, Company, parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, service providers and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) the operation or compatibility with any other application or any particular system or device; and (c) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (d) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
YOU ALSO UNDERSTAND AND AGREE THAT THE FLOW CARBON, COMPANY, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.
8.2 Assumption of Risks.
8.4 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your Content, or (e) your negligence or wilful misconduct.
9.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact Company and Flow Carbon and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
9.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Flow Carbon or Company’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You, Flow Carbon and Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Any arbitration will be conducted in the English language and the seat of the arbitration shall be New York City, New York. Notwithstanding the foregoing, you, Flow Carbon and Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
9.3 Waiver of Class Actions and Class Arbitrations. You, Flow Carbon and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you, Flow Carbon and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
9.4 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
9.5 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to flowcarbonsupport@mojito.xyz. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company will not be bound by them.
10.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail, and/or by placing a prominent notice on the first page of the Website, and/or by implementing a mandatory click-through process. In the event we implement a mandatory click-through process for any material changes to these Terms, by clicking, you agree and acknowledge you have read the changes and acceptance of the modified Terms will become effective. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
10.2 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by Company will terminate automatically. Additionally, Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, or termination of your access to the Services for any reason, Company may, but is not obligated to, delete any of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Company or you. Termination will not limit any of Company’s other rights or remedies at law or in equity.
10.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Company and/or Flow Carbon for which monetary damages would not be an adequate remedy and Company and/or Flow Carbon shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.5 No Professional Advice. Any information provided by or on behalf of us through the Website (including these Terms) is for informational purposes only and should not be construed as professional, accounting, tax or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or on any information provided by or on behalf of us through the Website. Before you make any decision to acquire or sell any NFT, you should consider seeking independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
10.6 Force Majeure. Company and/or Flow Carbon will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Services, including operating the Website, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God, flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
10.7 No Waivers. No failure or delay on our part or on the part of us in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. We shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of us, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
10.8 Certain Restrictions. We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”), including, without limitation, the prohibition against transactions with: (i) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the region Crimea), or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. You will not be permitted to receive an NFT from us if we learn that such action would be in breach of Export Control and Sanctions Laws.
10.9 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Company but may not be assigned by you or Flow Carbon without the prior express written consent of Company, as applicable. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in New York. You, Flow Carbon and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
10.10 How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at flowcarbonsupport@mojito.xyz.
