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The following terms and conditions of use are entered into by and between you and Monster Truck Ninja LLC., doing business as Bacano Go! (hereinafter “Bacano Go!”, “we” or “our” or“us”), and they apply to your access and use of the Bacano Go! site and our “Services,” which include, but are not limited to, website, content, promotions, contests, apps, tools, products offered, and social media content. If you do not agree with these General Terms and Conditions of Use, you must not enter or use the Services for any purpose.
Our services target and are only available to users over 18 years old, so if you are under 18 years of age, you must abstain from using our services.
These terms of use include the following documents, which are an integral part:
By using our Services, you represent and warrant that:
These Terms and Conditions may be revised and updated by us at any moment and at our sole discretion.
All changes to these terms and conditions will enter into effect immediately upon posting them and will cover all uses of the services from that moment on; an exception is made about the dispute resolution terms, which will only apply to disputes notified to the parties before the changes and updates are posted.
It is your responsibility to check this web page periodically to be informed and up to date with any changes made to these terms and conditions of use that are binding on you.
Bacano Go! may, at its sole discretion and without notice, totally or partially, update, restrict access, amend, withdraw, or otherwise modify the services.
The Services may not be available from time to time, and Bacano Go! will not be liable if the Services become unavailable at any time or during any term. This may include non website access like Discord or other online services where you may have violated rules of participation, or if any particular NFT gives access to channels, servers or sites, but you violate the rules and get sanctioned in any way as a result of the violation.
Intellectual property: All copyrighted content (regardless of registration status), trademarks, patents, trade secrets, industrial designs, software, artistic work, as well as any creation that is protected under the United States and International Intellectual Property laws and treaties, included in the services.
In addition, the look and feel of the site content, including without limitation, all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of Bacano Go! and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Third-Party intellectual property: Other than site content, all other trademarks, product names, and logos on the site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
Limited license: It is a limited, personal, non-exclusive, revocable, and non-transferable authorization granted by us to you with the sole purpose that you may use the services within the scope and restrictions of these General Terms and Conditions of Use.
Licensor: Monster Truck Ninja LLC doing business as Bacano Go!, its licensors, or other providers of copyrighted material.
Licensee: You, the user of the services.
Designated Copyright Agent:
Monster Truck Ninja LLC., DBA Bacano Go!
Legal Department
Email: terms@bacanogo.com
Notices:
Without limiting the foregoing, if you believe that third-party material hosted on the site infringes your copyright or trademark rights, please file a notice of infringement by contacting the Designated Copyright Agent listed above.
Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”):
Once you provide us with adequate notice as described above, we will respond expeditiously and take whatever action, in our sole discretion, that is deemed appropriate, including removal of the disputed copyrighted work from the Site.
Counter-Notices:
If you believe that a DMCA notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to the Designated Agent listed above with the following information required by the DMCA:
In the event that Bacano Go! receives a counter-notice in compliance with the above requirements, we will provide the person who submitted the DMCA copyright infringement notice with a copy of the counter-notice, informing them that we will replace the removed material in 10 business days from the date of the counter-notice unless we first receive notice from the person who submitted the DMCA copyright infringement notice that they have filed an action seeking a court order to restrain the allegedly infringing activity.
PLEASE NOTE THAT BACANO GO! INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING.
The licensee is forbidden to perform the following actions with and on the intellectual property of the Licensor:
Notwithstanding the above prohibitions, the user may perform the following activities:
All uses of the services must be done for lawful purposes according to current mandatory laws and these General Terms and Conditions of Use.
You will NOT use the services to:
All content on the site or content submitted by users, as well as any interaction using the Services, including social networks such as discord or Twitter, have to comply with current national and international laws and treaties. Also, they cannot, partially or wholly:
The information presented on the Services or in connection with them is made available without warranty of reliability, accuracy, completeness, or usefulness. All the opinions of Bacano Go! are published for educational and entertainment purposes only and we do not provide financial advice of any kind.
We disclaim any liability arising from your reliance on the information provided by Bacano Go! or third-party content providers, which is their sole responsibility.
YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR CONTENT ON THE BACANO GO! SITE OR BACANO GO! PLATFORM, AS WELL AS THE CONTENT SHARED ON SOCIAL PLATFORMS SUCH AS DISCORD IS ADVICE OR AN INVITATION TO ENTER INTO AN AGREEMENT FOR ANY INVESTMENT PURPOSE, NOR IS IT AN OFFERING OF SECURITIES OR AN INVITATION TO PURCHASE SECURITIES, SHARES, OR ANY OTHER FINANCIAL PRODUCTS. BACANO GO! IS A CREATOR OF ART, IT HAS NOT BEEN REGISTERED OR APPROVED BY ANY FINANCIAL REGULATOR.
You are solely responsible for implementing the information security systems and devices you require (including anti-malware protection and devices or external platforms for the backup of your information).
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY UNAUTHORIZED ACCESS TO YOUR WALLET BY THIRD PARTIES, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES. THE WEBSITE, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES, THE WEBSITES, THEIR CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BACANO GO! NOR ANY PERSON ASSOCIATED WITH BACANO GO! MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BACANO GO! NOR ANYONE ASSOCIATED WITH BACANO GO! REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITES, THEIR CONTENT, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY OTHER FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BACANO GO! HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BACANO GO!, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL BACANO GO!, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES IF A PERSON OR GROUP OF PEOPLE HAVE RECEIVED ACCESS TO ANY OF OUR ACCOUNTS AND IS/ARE EITHER PRETENDING TO BE BACANO GO! OR IS USING A COMPROMISED ACCOUNT AND SCAMMING YOU FOR MONEY OR NFTS.
YOU MUST BEWARE THAT SOMETIMES A PERSON CAN CONNECT THEIR WALLETS TO SMART CONTRACTS THAT GIVE ACCESS TO THIEVES WHO CAN STEAL THE CONTENTS OF THEIR WALLETS. IN SUCH CASE, BACANO GO! ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF BACANO GO! EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BACANO GO! IN THE TWELVE MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT COOL CATS HAS MADE THE SERVICES AVAILABLE TO YOU IN RELIANCE ON THE LIMITATIONS OF LIABILITY IN THIS SECTION AND THE DISCLAIMER OF WARRANTIES SECTION ABOVE, AND WITHOUT SUCH DISCLAIMERS AND LIMITATIONS, BACANO GO! WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU.
Some sites require that you set up a user account to purchase Bacano Go! products, it is up to you to decide whether you want to set up such user accounts, and you do it at your own risk.
All purchases from the sites and from Bacano Go!’s own website are subject to these Terms and Conditions of Use, including Bacano Go! policies for cancellations, replacements, shipping, pricing, and payments, all of which are located at bacanogo.terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). Before making any purchase, you should be sure to read these Terms and Conditions of Use and the terms on the specific site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.
Bacano Go! attempts to ensure that the content, product descriptions, prices, and other site information are as accurate as possible. However, Bacano Go! does not warrant or guarantee that any information on the site is accurate, complete, or error-free, and Bacano Go! undertakes no commitment or obligation to update any content, product descriptions, or other information on the site. Bacano Go! may at any time change the contents, product descriptions, or other information on the site, and/or any aspect of the site, without prior notice. Bacano Go! also reserves the right to limit quantities of any Bacano Go! product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice at Bacano Go! sole discretion.
As to products and services that may be featured on the site, Bacano Go! makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details you see on your computer monitor may vary depending on your equipment. Bacano Go! cannot guarantee that your equipment will accurately display the details of our products and services.
By purchasing products, content, or services through the site, you agree to comply with all of the Terms and Conditions of Use, and, as stated above, you also represent that you are 18 years of age or older. If a purchase is made by a minor, Bacano Go! is under no obligation to offer a refund but may do so at its discretion.
Some of the sites make available, for free or for purchasing, digital content for download and virtual items (Avatars, Stickers, Filters, etc.) for use within the sites. When you purchase these items, you are purchasing a limited access license to use them. This license gives you the right to download the content (or, in the case of virtual items, to access and use them within the sites) for your personal, non-commercial use only, and the license is not transferable. The charge for the license may be in the form of a one-time license fee or a recurring fee, depending on the item. Bacano Go! will advise you of the specific purchase terms, if applicable, before you complete the license purchase.
Digital content may require specific software or hardware in order for you to use it, and these requirements are noted on the site in connection with those products. You are responsible for ensuring that you meet these software and hardware requirements. Digital content and virtual items may not be returned or refunded, and virtual items may only be used within the sites, and we may modify or discontinue them at any time.
Bacano Go! may offer community features on the site, such as message or bulletin boards, forums, and chat rooms. Access to these features may be subject to age restrictions. Unless stated by Bacano Go!, we will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties through these social features, although Bacano Go! reserves the right to do so in its sole discretion. Bacano Go! does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or third parties.
As to any information or content that you submit or post to the site, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not do any of the following on or through the site:
Bacano Go! reserves the right, in its sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Bacano Go! also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages, or other content on the site that violates these Terms and Conditions and to deny access by any user to the Sites.
NOTICE: The information and content you submit through a social feature, such as a chat service, may be recorded and stored in multiple places, both on the site and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other service participants, some of your account information and other materials, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Sites or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary, or confidential information in your messages, comments, or posts to Bacano Go!’s public or community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS, OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
While using the social and community features on the site, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. Bacano Go! will not be liable, and disclaims all liability in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Sites, whether that content is posted to, downloaded from, or otherwise made available through the Sites by Bacano Go!, you, another user, or any other third party.
Bacano Go! encourages you to report any suspected violations of these Terms and Conditions of Use or any other additional rules posted in connection with such activity or service, particularly as they relate to inappropriate behavior or activity in our chat services and other community features. You may contact Bacano Go! to report violations at terms@bacanogo.com
Bacano Go! reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms and Conditions of Use, including without limitation, removing the offending communication in whole or in part from the site, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the site.
Bacano Go! may allow you to submit, upload or otherwise make available text, images, audio, video, competition entries, or other content (“User Generated Content”) through the site. All submissions must comply with the rules above for Social and Community Features.
Bacano Go! does not claim ownership of your User Generated Content; however, you grant Bacano Go! a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with third-party sites and platforms such as Facebook, YouTube, and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and Conditions of Use and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms.
You agree to indemnify and hold Bacano Go! and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any ancillary rights, or similar rights in or to the User Generated Content against our licensees or us, distributors, agents, representatives, and other authorized users and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of Bacano Go! copyrighted works, Bacano Go! grants you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Bacano Go! of all rights in the work you create. If such rights are not assigned to Bacano Go!, your license to create derivative works using our copyrighted works shall be null and void.
Bacano Go! likes to hear from you. However, in your communications with us, please keep in mind that, unless we specifically request them, we do not solicit or wish to receive any confidential, secret, or proprietary information or other material from you through the site, by email, or in any other way. We do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques, or the like submitted to us via the site, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the site (collectively, “your submissions”) will be treated as non-confidential and non-proprietary, and Bacano Go! will not assume any responsibility, obligation, or liability for them or for our receipt or non-receipt of them. We may delete or destroy your submissions at any time. Our receipt of your submissions is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending your submissions to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully transferable, assignable, and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your submissions are accurate and, as permitted to be used by us under these Terms and Conditions of Use, do not and will not infringe any right of any third party.
The site and the servers that make them available are in the United States and Colombia. If you reside in another country, these Terms and Conditions of Use may conflict with the laws of your country. In case of such a conflict, these Terms and Conditions of Use will govern to the extent that they are valid and enforceable under applicable United States laws.
We make no representation that the site is appropriate or available for use beyond the United States of America. If you use the site from other locations, you are responsible for compliance with applicable local laws. Although Bacano Go! products and services are available in many parts of the world, the site may describe products and services that are available only in the United States of America and are not available worldwide.
Your competition entry is User Generated Content and subject to all provisions of these Terms and Conditions of Use. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible, or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person, and entries via agents or third parties or using multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited, and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.
These General Terms and Conditions of Use, your rights and obligations, and all actions contemplated arising out of or related to these NFT Terms shall be governed by the laws of the State of Ohio as if these Terms are a contract wholly entered into and wholly performed within the State of Ohio.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AS CONTEMPLATED BY THESE TERMS SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF OHIO AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF OHIO WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
These General Terms and Conditions of Use comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content, and any Bacano Go! NFTs (BGoNFTS) you have purchased and supersede any and all prior discussions, agreements, and understandings.
Except as otherwise provided herein, these General Terms and Conditions of Use are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
NFT TERMS
The following terms of use apply to your purchase, sale, and display of Bacano Go! non-fungible tokens (BGoNFT). Some purchases of BGoNFT may include experiences on which particular terms may apply; these particular terms of use will be posted along with the respective BGoNFT.
The following terms of use are entered into by and between you and Monster Truck Ninja LLC., doing business as Bacano Go! (hereinafter “Bacano Go!”, “we” or “our” or“us”), and they apply to your purchase of any BGoNFT.
Our BGoNFTs target and are only available to users over 18 years old, so you must not access or use the site if you are under 18 years of age.
These terms include the following documents, which are an integral part:
Our privacy policy which is available here.
Our General Terms and Conditions of Use.
Any disclaimers that are included on the site.
Any other documents mentioned in these Terms and Conditions of Use and any laws and regulations of mandatory applicability that govern this legal and commercial relationship.
Please note that we have a section that contains an arbitration clause and class action waiver. By agreeing to these NFT Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. You can opt-out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your purchase. Notices can be sent to the following address terms@bacanogo.com
We reserve the right to change or modify these Terms at any time and at our sole discretion. You agree and understand that by accessing or using the Site following any change to these Terms, you agree to the revised Terms and all of the terms incorporated by reference.
Review the Terms each time you access the site to ensure that you understand how the Terms apply to your activities on the Site.
If there is any conflict between the General Terms and Conditions of Use and these NFT Terms of Use, the General Terms and Conditions of Use will prevail.
If there is a conflict between the NFT Terms of Use and the particular terms for an experience, the NFT Terms of Use will prevail.
These terms of use govern the initial sale from Bacano Go! to the initial purchaser. If the initial purchaser decides to sell the BGoNFT through this site (when and if that functionality becomes available) or through an external site, then this site becomes only a platform to enable transactions between buyer and seller or between any other users; we disclaim any liability as the Company is not a party to any agreement between the initial purchaser and any other buyer or user.
All BGoNFTs are originally accessible through the Polygon Blockchain and may be bridged to the Ethereum Blockchain, but we reserve the right to mint on other Blockchains. As such, Bacano Go! does not host the BGoNFTs on the site, and, aside from transferring control of the BGoNFT to the initial purchaser of the BGoNFT, Bacano Go! has no control over the transfer, storage, ownership, or maintenance of the BGoNFT to any following buyer or user.
You may also purchase BGoNFTs on the site by using your credit card, for this purpose we may use any third party payment platforms. When you use a third party payment processor for credit or debit card purchases you accept and agree to be bound and abide by their General Terms and Conditions of Use.
When you connect or link your cryptocurrency wallet to the site (if and when that option becomes available) using a trusted service provider such as, but not limited to MetaMask or Wallet Connect, you accept and agree to be bound and abide by the General Terms and Conditions of Use, the NFT Terms of Use when applicable, and all of the terms incorporated herein. If you do not agree to these terms, you must not enter or use the site for any purpose.
When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens, or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized or fraudulent access to your cryptocurrency wallet by third parties could result in the loss or theft of BGoNFTs or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s).
We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to this site, please notify us immediately through our email address terms@bacanogo.com
By placing an order on the site, you agree to submit a binding offer to purchase a BGoNFT or other service. If you are the initial purchaser of a BGoNFT or you are purchasing a service, then all amounts due are to be paid to Monster Truck Ninja LLC., DBA Bacano Go!
If you are not the initial purchaser of a BGoNFT, then amounts may be paid to the-then holder of the BGoNFT. You also acknowledge and agree that Bacano Go! receives 10% of every subsequent sale of a BGoNFT (“Royalty”). For example, suppose you are the initial purchaser and sell a BGoNFT for $100 to a subsequent purchaser. In that case, The Royalty will automatically be transferred to Bacano Go!, therefore you will receive the price minus the Royalty that belongs to Bacano Go! We have the right to collect Royalties for BGoNFT sales in perpetuity and may use those funds in any manner we see fit.
Notwithstanding the foregoing, Bacano Go! has committed to donating a percentage of all Royalties it receives annually to a charity of its choosing. Bacano Go! may make such payment at such time as it desires.
As such, if you sell a BGoNFT on a third-party NFT marketplace, you undertake an obligation to include a statement substantially similar to the following in the description of the NFT:
“10% Royalty Applies. See Bacano Go! Terms for details.”
Any breach of the obligation to include the aforementioned statement or any removal of the Bacano Go! royalty rate from any transaction constitutes a serious violation of the General Terms and Conditions of Use and these NFT terms and will make the person liable for paying the 10% Bacano Go! royalty regardless of the platform used to remove the royalty.
In addition, when you buy or sell a BGoNFT on this site, you agree to pay all applicable fees associated with the transaction. You authorize us to charge and collect such fees from your payment automatically.
No refunds are permitted except concerning any statutory warranties or guarantees that cannot be excluded or limited by law.
All purchases from the sites and from Bacano Go!’s own website are subject to these Terms and Conditions of Use. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). Before making any purchase, you should be sure to read the General Terms and Conditions of Use, the NFT Terms, and the terms on the specific site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.
Bacano Go! attempts to ensure that the content, product descriptions, prices, and other site information are as accurate as possible. However, Bacano Go! does not warrant or guarantee that any information on the site is accurate, complete, or error-free, and Bacano Go! undertakes no commitment or obligation to update any content, product descriptions, or other information on the site. Bacano Go! may change the contents, product descriptions, or other information on the site and/or any aspect without prior notice. Bacano Go! also reserves the right to limit quantities of any Bacano Go! product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice at Bacano Go! sole discretion.
As to products and services that may be featured on the site, Bacano Go! makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details you see on your computer monitor may vary depending on your equipment. Bacano Go! cannot guarantee that your equipment will accurately display the details of our products and services.
By purchasing products, content, or services through the site, you agree to comply with all of the General Terms and Conditions of Use and these NFT Terns, and, as stated above, you also represent that you are 18 years of age or older. If a minor makes a purchase, Bacano Go! is under no obligation to offer a refund but may do so at its discretion.
We are not responsible for determining the withholding, sales, use, value-added, transfer, or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on this site. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.
Unless otherwise indicated on an applicable invoice, amounts due on this site are exclusive of sale, use, value-added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so as to comply with our tax reporting obligations.
Concerning the BGoNFTs, each initial and following purchaser is granted an exclusive, limited, revocable license to such BGoNFT and its content to access, use, or store such BGoNFT and its content solely for their personal, non-commercial purposes. BGoNFTs are a limited-edition digital creation based upon content that may be trademarked and/or copyrighted by Bacano Go!
The limited license granted above applies only to the extent that you continue to own the applicable purchased BGoNFT. If you sell, trade, donate, give away, or otherwise transfer ownership of your purchased BGoNFT for any reason, the license granted above will immediately be transferred to the new owner concerning that BGoNFT without the requirement of notice, and your license will cease.
Unless otherwise specified, your purchase of a BGoNFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the BGoNFT or its content for any commercial purpose. You further agree that you are not receiving any copyright interest in the BGoNFT or its content. You agree that Bacano Go! may sell, license, modify, display, broadcast, and create derivative works based upon your BGoNFT or its content.
If you exceed the scope of the license granted above without entering into a broader license agreement with or obtaining an exemption from Bacano Go!, you acknowledge and agree that: (i) You are in breach of this license; (ii) in addition to any remedies that may be available to Bacano Go! at law or in equity, Bacano Go! may immediately terminate this License, without the requirement of notice; and (iii) You will be responsible to reimburse Bacano Go! for any costs and expenses incurred by it during the course of enforcing the terms of this license against you.
Any commercial exploitation of the BGoNFT could subject you to claims of copyright infringement. If you sell a BGoNFT through the site (if and when that functionality becomes available), you agree that you will not have any claims against us for any breach of the NFT Terms and the General Terms and Conditions of Use by a purchaser. If you purchase a BGoNFT on the site (if and when that functionality becomes available), you hereby agree to hold us and the seller of such BGoNFT harmless from and against any and all violations or breaches of the NFT Terms and the General Terms and Conditions of Use.
If you are unsure whether a contemplated use of the Site Content or a BGoNFT and its content would violate the General Terms and Conditions of Use or these NFT Terms, please contact us at terms@bacanogo.com
Please note the following risks in accessing, purchasing, selling, or using BGoNFTs:
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MONSTER TRUCK NINJA LLC., DBA BACANO GO!, ANY AND ALL BGONFTS LISTED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BACANO GO! (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CAN NOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY BGONFTS LISTED ON OUR SITE, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CAN NOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET. YOU WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF BGONFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR BGONFTS.
BGONFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE PARTICULAR BLOCKCHAIN PLATFORM USED. WE DO NOT GUARANTEE THAT MONSTER TRUCK NINJA LLC OR ANY BACANO GO! PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY BGONFT.
WE ARE NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS, OR ANY OTHER FEATURES OF THE BGONFTS.
MONSTER TRUCK NINJA LLC. IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING BGONFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
NOTHING IN THESE NFT TERMS AND THE GENERAL TERMS AND CONDITIONS OF USE SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR FRAUD, DEATH, OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CAN NOT BE LIMITED OR EXCLUDED BY LEGITIMATE MEANS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MONSTER TRUCK NINJA LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF MONSTER TRUCK NINJA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE, SITE CONTENT, THE SERVICES, OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BACANO GO! ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT, BGONFTS, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Monster Truck Ninja LLC., and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Bacano Go! parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: