GENERAL TERMS OF Service
Welcome to Display, “Social That Pays!™”
Posted: November 10, 2022
Last Updated and Effective: October 21, 2022
Infinite Reality, Inc. and its affiliates including its subsidiary Infinite Metaverse, Inc. offer the Infinite Metaverse platform, Display Social platform and the websites, APIs, mobile app, NFT Marketplace, Metaverse environments, Metaverse experiences, and various other software, tools, products, applications, features and functionalities provided on or in connection with our services to allow users and content creators to create, distribute, engage and connect (the Infinite Metaverse platform, the Display Social platform and all of these various features, functionalities, tools, products and services will collectively be referred to as the “Service”.) The Terms of Service govern your use of the Service and provide information about our Service. These Terms of Service contain cross-references to other terms that may be applicable to you (for example, our Privacy Policy or our NFT Terms) so be sure to read and understand those terms also, since you are responsible for complying with them. WHEN YOU CREATE AN INFINITE METAVERSE PLATFORM ACCOUNT, A DISPLAY SOCIAL ACCOUNT, AN NFT MARKETPLACE ACCOUNT, CLICK TO ACCEPT OUR TERMS, OR USE OUR SERVICE YOU AGREE TO THESE TERMS OF SERVICE.
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING OUR SERVICE AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS IN COURT (AS DESCRIBED IN MORE DETAIL BELOW IN THESE TERMS), AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE WITH OUR TERMS OF SERVICE, PLEASE DO NOT CREATE AN ACCOUNT OR USE OUR PLATFORMS OR SERVICE. These Terms of Service are a legally binding agreement between you and us and will commence when entered into and continue until terminated as provided in these Terms.
For purposes of these Terms the following words have the meanings stated below:
“Company, “we” and “us” means Infinite Reality, Inc., and its affiliated companies, including its subsidiary Infinite Metaverse, Inc.
“Including” means including without limitation.
“NFT” means a non-fungible token or similar digital item implemented on a blockchain using smart contracts, such as a non-fungible token conforming to the ERC-721 standard on the Ethereum blockchain network. The NFT is separate and distinct from the content or any other third party intellectual property with which it may be linked or associated.
“Platforms” means collectively the Infinite Metaverse platform (the “IM platform”), the Display Social platform and any other platforms owned or controlled by Company.
“User”, “you” and “your” means you as the user of the Platforms or Service, including to host or support your content. If you use the Platforms or Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms and you agree to these Terms on the entity’s behalf.
Our Community
By participating on the Platforms, or using our Service you are becoming a member of a community that depends on the goodwill and responsible behavior of each of our users. You are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, nudity, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing, offensive or unlawful (a more detailed list of prohibited content is below in these Terms.) Users who violate this trust, as determined by us in our sole discretion, may have their access to our Service suspended or terminated without prior notice as more specifically discussed in these Terms.
The Service
We agree to provide you with the Platforms, and the Service as set forth in these Terms.
The Service includes our Platforms, the Metaverse environments, the NFT Marketplaceand all our websites, products, features, applications, services, technologies, tools, functionalities and software that we provide to advance our purpose of connecting and engaging people and creating and communicating with communities of shared interests. The Service consists of many aspects including the following:
Offering opportunities to create, engage and share content, connect and conduct eCommerce.
We want to connect people with their friends, followers, other creators and interests, and reward you for your content creation, ecommerce and other activity on the Platforms as described in these Terms. So, we try to understand who and what you and others care about and use the Platforms to help you create, find, join and share your experiences and interests.
Fostering a positive, inclusive, and safe environment.
Our goal is to make tools and offer resources available to members of our Service community to enhance your connectivity and experiences in a safe and positive manner, including when we think you might need help. We have people and processes in place, and use all of the information available to us, to help secure our Platforms and prevent violations of our Terms and policies, as well as harmful and deceptive behavior. Technologies like artificial intelligence and machine learning give us the ability to employ complex processes across the Service. We also may investigate complaints or reported violations of these Terms and take any action we deem appropriate including sharing information about misuse or harmful content with law enforcement. Please see our Privacy Policy.
Ensuring a stable global infrastructure for the Service.
To provide the Service, we may as necessary store and transfer data across our systems around the world, including outside of your country of residence. We complete such data transfers in compliance with applicable law. See our Privacy Policy regarding data transfers in compliance with GDPR.
Connecting you with brands, products, experiences and services meaningful to you.
We use data and content created on the Platforms, as well as from third-party partners, to show you ads, metaverse experiences, offers and other sponsored content that we hope will be meaningful to you. We try to make that content as relevant to you as possible. We are not responsible for and do not control any third party websites or third party applications (a “third party service”) and when you access and use a third party service the terms and conditions of such third-party service will govern your use of those sites, including your use of any shared links or other posting of content on those web sites. We provide the links to these third party services solely as a convenience and we do not review, approve, monitor, endorse, warrant or make any representations with respect to such third party services, or their products, services or associated materials, whether integrated into the Platforms, our Service or otherwise. Any use, and any collection of your content by that third-party service through our Service will be governed by their policies and their privacy practices, see our Privacy Policy including the Links and Third Party Sites section.
Our Privacy Policy
Providing our Service requires collecting and using your information. The Privacy Policy explains how we collect, use, and share information. It also provides you with information as to ways you can control your information, including the use of privacy settings.
We award you for your content and activity on the Display Social platform
We do not charge users of the Display Social platform for the opportunity to participate in the Display Social platform Creator Awards Program. However, we do receive compensation from advertisements, retailers, brands, merchants and other partners participating in connection with content. We may also receive compensation from eCommerce transactions initiated and completed through the Platforms.
One of the key differentiators and benefits of becoming part of the Display Social platform community is that we provide you the opportunity to earn awards for your content and activities on the Display Social platform based on advertisements and eCommerce transactions directly related to the content created by registered users on the Display Social Platform. The Creator Awards Program explains how this works.
What We Expect From You
In return for providing our Service, we require certain things from you.
Who Can Use our Service?
We want the Platforms to be safe, open and inclusive, but we also want to make sure that is the Platforms are secure and in accordance with the law. Accordingly, we ask you to agree to a few restrictions in order to participate in the platform community.
You must be at least 16 years old. IF YOU ARE BETWEEN THE AGES OF SIXTEEN (16) AND EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) YOU MAY ONLY ACCESS AND USE THE PLATFORMS WITH THE PRIOR PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN, AND YOU REPRESENT AND WARRANT TO US THAT YOU HAVE SUCH PERMISSION AND THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE TERMS WITH YOU. SINCE CERTAIN CONTENT MADE AVAILABLE ON THE PLATFORMS MAY NOT BE SUITABLE FOR MINORS, WE RECOMMEND THAT PARENTS OR LEGAL GUARDIANS WHO PERMIT THEIR CHILD TO ACCESS AND USE THE PLATFORMS SUPERVISE SUCH CHILD’S ACTIVITY, INCLUDING ANY INTERACTION WITH ANY OTHER USER.
You must not be restricted from using or receiving the Platforms, the Service or participating in our community under applicable laws.
You must not be on an applicable Denied Party Listing, prohibited from engaging in Display Dollar awards relating or derived from using the Display Social platform or otherwise prohibited from using our Service.
We must not have previously disabled any of your accounts for violation of law or any of our policies.
You must not be located in a country that is subject to a U.S. Government embargo and you must not have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties.
You must comply with all applicable laws. If you access or use the Platforms or Service outside the United States, you are solely responsible for ensuring that your access and use of the Platforms, or Service in such country, territory or jurisdiction does not violate any applicable laws.
How You May Not Use the Platforms
Providing safe, secure and open Platforms and Service for a global and diverse community requires that everyone contribute, and we all do our part.
You must provide transparent and accurate information.
You must provide us with accurate and up to date information (including registration information). You may not impersonate someone you are not. You are responsible for the security of your account information. You should not share your log-in credentials with others, and you must immediately report any breach of your log-in credentials to us.
You will not do anything unlawful, misleading, fraudulent, illegal or unauthorized on the Platforms or while using our Service. Accordingly, you agree not to:
Violate (or help or encourage others to violate) these Terms or our policies, or do anything that interferes with or alters the intended operation of the Platforms or our Service.
Create accounts or collect information in an unauthorized or automated way without our express permission.
Buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
Sell, disclose, share, rent, lease, syndicate, modify, reverse engineer, decomplle, lend or otherwise alter any user personal information and take all reasonable measures to protect all user personal information under your control or in your possession from unauthorized access by third parties.
Post private or confidential information or do anything that violates someone else's rights, including intellectual property rights.
Use a domain name or URL in your username without our prior written consent.
Damage, interfere with or unreasonably overload the Platforms or Service.
Introduce any code intended to disrupt or interfere with the Platforms or Service.
Alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Platforms or Service.
Access the Platforms or Service by expert system, electronic agent, “bot” or other automated means.
Use scripts or disguised redirects to derive benefit from us.
Modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive any of our source code for any reason.
Post any material in any form whatsoever on the Platforms within our community that (i) is discriminatory, harassing, hateful, bullying, abusive, pornographic, threatening, defamatory, obscene, or violent, (ii) promotes weapons, firearms or any technology of violence; or (iii) is considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement, or (iv) otherwise is unlawful or violates any third-party’s right of privacy or publicity.
Infringe any third-party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third-party in connection with your use of the Platforms or Service.
Engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative, fraudulent, deceptive or misleading activity.
Use manual or automated software, devices or other processes to "scrape," "crawl," "spider" , “data-mine”, or index any page or content.
Hack or interfere with the Platforms, the Service, its servers or any connected networks.
Access the Service from a different account or address, including a different blockchain address if we’ve blocked any of your other accounts or addresses from accessing our Service, unless you have our prior written permission.
Use the Service for money laundering, terrorist financing or other illicit finance.
Use the Service to carry out any financial activities subject to registration or licensing, including creating, selling or buying securities, commodities, options or debt instruments.
Use the Service to create, sell or buy NFTs or other items that give owners rights to participate in an initial coin offering (ICO) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments.
Use the Service to engage in NFT price manipulation, fraud, or other deceptive, misleading, or manipulative activity.
Use the Service to buy, sell or transfer stolen items, fraudulently obtained items, items taken without authorization, or any other illegally obtained items.
You can report violations. You can report content you think violates these Terms or our policies, or inappropriate conduct or content, including content that you think infringes your intellectual property rights, or if you are notified that content you posted infringes on the intellectual property rights of any other third-party, directly in the IM Platform by [ ], directly in the Display Social app by clicking on the appropriate icon or by contacting [Customer Care]. You are required to notify us in the event that you receive an infringement notice or other take down request regarding your content.
Copyright Infringement Notices and Digital Millennium Copyright Act.
We respect the intellectual property rights of others and we ask you to do the same. We comply with the requirements of the Digital Millennium Copyright Act (the “DMCA”) and the Platforms and Service avails itself of the protections under the DMCA. If you believe that any content infringes upon any copyright which you own or control, you may send a written notification with the following information to [Customer Care]:
A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
The specific location or user that contains the alleged infringing material, with reasonably sufficient information to enable us to locate the alleged infringing material on the Platforms or our Service;
Your name, mailing address, telephone number and email address;
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Our policy is to (i) remove or disable access to content that we know to be infringing the intellectual property rights of third parties or that has been identified in a valid DMCA notice and (ii) in appropriate circumstances terminate the accounts of and block access to the Service by any users who in our sole discretion, are repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the claimed infringer.
You understand that we may forward your notification (including your contact information) to the author of the allegedly infringing content so they understand why it is no longer available and they can contact you to resolve any dispute.
Counternotice to Restore User Content Removed for Alleged Copyright Infringment: If you believe that your content is not infringing or that you have the authority to use the content, you may send a counternotice as follows:
Your name, address, telephone number and email address;
A description of where on the Platforms the content that was removed or disabled previously appeared;
A statement under penalty of perjury that you have a good faith believe that the content was removed or disabled as a result of a mistake or misidentification;
A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, the District of New York and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.
You understand that we may send a copy of any counter-notice (including contact information) to the party that initially sent the notification of infringement, which they can use to contact you.
Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
Permissions and Licenses You Give to Us
As part of your agreement with us, you agree to give us permissions that we need to provide our Service.
We do not claim ownership of your content, but you grant us a non-exclusive, perpetual license to use your content and you represent you have the right to do so.
While we do not claim ownership of your content (“user content”) that you post on or through the Platforms or our Service, when you share, post, submit, or upload user content including Metaverse content that is covered by intellectual property rights (like photos, videos, artwork, words, music, etc.) on or in connection with the Platforms, or Service, you hereby grant to us a non-exclusive, royalty free, fully paid-up, transferable, sub-licensable, perpetual, worldwide right and license to host, store, use, distribute, modify, run, copy, localize, reproduce, publicly perform, publicly display, translate, transfer, distribute and create derivative works of and collective works with your user content (the “User Content License”). To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights (droit moral) or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any user content you submit or upload on or through the Platforms or our Service. The rights and User Content License you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have separate liability to you or any third party for the user content that you have made available on the Platforms, or through the Service or used on those third-party services via our Service. In addition to and not in limitation of the foregoing, the User Content License includes the right for us to reference your content with other user content or material to promote, market or advertise the Company, our Service or our Platforms. We may also use user content for educational uses to promote the Service and our Platforms (and we will reasonably determine whether a use is educational). We are not required to give you any attribution or compensation for any reason. We are not required to use the User Content License or exploit any of the rights granted by you. By uploading or submiting any user content to the Platforms or our Service you waive any rights to prior inspection or approval of any marketing or promotional materials related to such content.
You represent and warrant (i) that you own or have secured all rights necessary to use, publicly perform, publicly display, distribute and deliver all of your content and to grant this User Content License, and (ii) that your user content does not infringe on anyone else’s intellectual property rights. You have full responsibility for any user content you post or submit, and we take no responsibility and assume no responsibility or liability for any of your user content. This User Content License survives even if you stop using the Platforms or Service, or terminate or delete your account. Remember that if you delete your user content or account, your user content will continue to appear if, among other things you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy.
You Grant Us Permission to Use Sound and Video Recordings. In addition to the foregoing and not in limitation thereof, the rights and User Content License you have granted to us includes the right to reproduce sound and video recordings (and make mechanical reproductions of the musical works embodied in all such recordings), and publicly perform and communicate to the public such recordings (and the musical works embodied therein), all on a royalty-free basis; which means that you are granting us the right to use your user content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any film studio, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of your user content. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into these Terms with us. You should not presume that since you authored a musical work that you have all the rights necessary to grant us the rights and licenses in these Terms.
Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads and sponsored content.
You give us permission to show your username, profile picture, and information about your actions or relationships (including likes and follows) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on the Platforms, without any compensation to you other than as provided in these Terms under the section “Creator Awards” in connection with the Display Social platform. We will, however, respect your ad settings.
We disclaim responsibility and assume no liability for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of your content.
You agree that we can download and install updates to the Service on your device.
Permissions and Licenses We Give To You
The Service License. We grant to you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable and personal right and license to access and use the Platforms and the Service, subject in all respects to these Terms and our policies, and not for commercial use or redistribution of any kind (the “Service License”). The License is granted to you for the sole purpose of enabling you to use the Platforms and Service as permitted by these Terms.
The Metaverse, The Metaverse environments (the “Metaverse environments”) on our Platforms is the space that Company has created to, among other things, allow users to create a Metaverse or Metaverse content to share with other users. Company may from time to time make available tools, technology, functionalities, features or other services (the “Metaverse Creator Tools”) to enable users to create, develop, post, upload or release a 3-D metaverse world or metaverse experience (a “Metaverse”) or an element of or content for a metaverse ( “Metaverse content”) on our Platforms or through our Service. Company owns or controls all rights in and to all Metaverse Creator Tools and all elements contained therein, and makes such Metaverse Creator Tools available to you solely pursuant to the Service License. While we do not own your Metaverse or Metaverse content (except any Company IP that may be contained therein), Users who create, develop, post, upload or release a Metaverse or Metaverse content on our Platforms or through our Service may use, distribute, run, create derivative works of, create collective works with, publicly display or publicly perform, the Metaverse or Metaverse content solely on our Platforms and on our Service, unless you have entered into a separate written agreement with us. The Metaverse Creator Tools must be used in a manner consistent with our Terms and policies and the use of any Metaverse Creator Tool does not give you any ownership rights in any Metaverse Creator Tool. You will not be entitled to any payment or ther compensation for your use of any Company IP or Metaverse Creator Tool, including any such Company IP or Metaverse Creator Tool that you may modify or enhance.
Other Content License. Subject to your compliance with our Terms and policies, we grant you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable and personal right and license to use other content that we develop and make available in our Metaverse environments on our Platforms or through our Service solely for use on our Platforms in your Metaverse or Metaverse content (the “Other Content License”).
Commercial Use. The Service License, and the Other Content License does not include any resale or commercial use of (i) the Platforms or the Service, (ii) any registration data, (iii) any content, Metaverse Creator Tools, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, graphics, identifying marks, App pages, software, and other original works of authorship or intellectual property uploaded to or incorporated into the Platforms or Service by or on behalf of the Company, which is and shall remain the sole and exclusive property of Company or the applicable third-party licensor thereof, or (iv) any user content, that you or any other user submits or uploads onto the Platforms which user content is and shall remain the sole and exclusive property of you or the applicable User (or the applicable third-party licensor thereof), unless subject to any other written agreement between the Company and you or any other User or third-party licensor, as applicable.
Ownership. As between any User and Company, Company retains all ownership, right, title and interest in and to the Platforms and the Service, throughout the world, in perpetuity, including, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, technology, tools, procedures, methods, and techniques used in the Platforms or the Service, (iii) all other materials and content uploaded or incorporated into the Platforms or the Service, including all content (but excluding user content, which as between Company and the applicable User is owned by the applicable User subject to the User Content License granted by such User to Company pursuant to these Terms), (iv) all associated trade secret rights and all other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such Platforms and Service as a Collective Work under the United States Copyright Act, as amended (collectively, “Company IP”) and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Company IP other than the express Service License and Other Content License granted therein pursuant to these Terms. Company IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws,
Additional Rights We Retain
If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and make available in the Platforms (for example, images, designs, videos, music or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). Removal of any marks indicating our intellectual property rights such as trademarks and copyright is prohibited.
You can only use our intellectual property, patents and trademarks or similar marks as expressly permitted by these Terms or with our prior written permission. You acknowledge that we are the sole owner of our intellectual property. Registration or attempted registration of our marks in whole or in part is prohibited. You may not manufacture, sell or give-away merchandise items bearing any of our marks, except pursuant to an express written trademark license from us. You may not imitate our distinctive design, logos or typefaces or other trade dress, except pursuant to an express written trademark license from us.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
We reserve the right to monitor the Platforms and Service and to investigate complaints or reported violations of the Terms or our policies to find any user content that needs to be removed. Users are prohibited from interrupting such monitoring and other activity. We can remove, block, hide or otherwise delete any content or information you share on the Platforms if we believe that it violates these Terms, our policies or are required to do so by law. We can refuse to provide or stop providing all or part of our Service to you (including terminating or disabling your account) without notice if you seriously or repeatedly violate these Terms, our policies, infringe other people's intellectual property rights, create risk or possible legal exposure for us, or where we are required to do so by law. If we remove your content or disable or terminate your account, while we have no obligation, we will notify you where we determine appropriate. You or we may also delete your account or disable your application at any time. In all such cases, these Terms shall terminate, but your representations, warranties, indemnities and any other provisions that, expressly or by implication are intended to survive, will survive the termination of your participation on the Platforms, your account, our Service or these Terms. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact [Customer Care].
We may require you to provide additional information and documents in certain circumstances such as at the request of any government authority as any applicable law or regulation dictates, or to investigate a potential violation of these Terms including the NFT Terms. In such cases, we in our sole discretion, may disable your account and block your ability to access our Service, including the NFT Marketplace until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to our Service.
Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it.
Fees
Metaverse Fees. When you create, upload or post a Metaverse or Metaverse content, use our Metaverse Creator Tools or use certain features or functionalities in our Metaverse environments you may be subject to service fees and other charges (“Fees”) established from time to time, and as may be adjusted from time to time, in the sole discretion of Company.
NFT Marketplace Fees. Creating, buying selling or transferring NFTs may be subject to fees, commissions, royalties and other charges (“NFT Fees”) established from time to time, and as may be adjusted from time to time, in the sole discretion of Company, an NFT creator, or participants in the Ethereum ecosystem (as more specifically described in the NFT Terms below).
Taxes
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of our Service including the Metaverse environments or NFT Marketplace.
Disputes Between Users and Content Owners
If a User has any issues with any content on the Platforms including metaverse content or experiences, virtual items or other content, User should first contact the content owner directly to make a genuine, good faith effort to resolve the issue. We are not responsible for these types of issues between Users and content owners, however, we want to make sure that the use of our Platforms and Services is a positive experience. As a result, we have the right (but not the obligation) to intervene in issues between Users and content owners so that we can help resolve them. If we choose to take action in any dispute between a User and content owner, our decision is final and User and content owner will accept our decision. User agrees to work with us in a timely manner to resolve all such issues, and failure to do so is a violation of these Terms of Service.
This Agreement and How We Handle Disagreements
Our Agreement
Your use of music on the Platforms is subject to these Terms of Service, and our policies. If you use certain other features or related services, including the NFT Marketplace, or Metaverse environments you agree to any additional terms governing those features or services that will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.
If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
We reserve all rights not expressly granted to you.
How to contact the Company with Questions.
If you have questions about these Terms of Service, our policies or our Service you can contact us by emailing [Customer Care] or by mail at the address below:
Infinite Reality, Inc.
P.O. Box 1061
Norwalk, CT 06854
Who Has Rights Under this Agreement?
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our prior written consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens?
We will use reasonable skill and care in providing the Platforms and Service to you and in keeping a safe and secure environment, but we cannot guarantee that the Platforms or Service will always function without disruptions, delays, or imperfections. We do not accept responsibility for losses (i) not caused by our material breach of these Terms, (ii) from any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on the Platforms, or (iii) from events beyond our reasonable control.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR BACK-UP ANY USER CONTENT. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR THE CONTENT THAT YOU UPLOAD.
The above does not exclude or limit our liability for anything where the law does not permit us to do so.
Indemnification
You agree to release, defend and indemnify us, as well as our respective officers, directors, members, managers, employees, equity holders, successors, agents, licensors, contractors, service providers, vendors, subsidiaries and affiliates (collectively the “ Company Indemnitees”), for any and all claims, demands, damages, losses and causes of action (including attorneys’ fees and court costs) of every kind or nature, known or unknown, foreseen or unforeseen, in law or equity whether in tort, contract or otherwise, including but not limited to damages to property or personal injury directly or indirectly arising out of or relating to: (1) your access to or use of the Platforms or the Service, (including any interactions with, or act or omission of, other users of the Platforms or our Service or any third party links, advertisements or other content), (2) your breach of these Terms including any infringement of intellectual property rights, (3) your negligence or wilful misconduct, or (4) any materials in any form whatsoever that are provided by you (or through your username or password). IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE. You agree to cooperate as fully as reasonably required in our defense or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
California Residents. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Unsolicited Material
We always appreciate feedback or other suggestions. If we decide to use them, we may do so without any restrictions or obligation to compensate you. We are under no obligation to keep them confidential.
Updating These Terms of Service
We may change the Platforms (including the IM platform and the Display Social platform), these Terms of Service, or our policies at any time at our sole discretion, including to make changes so that they accurately reflect the Platforms, the Service and policies. We encourage you to review these Terms carefully and to check these Terms of Service periodically for any updates or changes and to ensure that you understand the terms and conditions that apply when you access or use the Platforms or our Service. Unless otherwise required by law, if we make a material change or amendment to these Terms of Service, our Service or our policies we will use reasonable efforts to provide a notice of such changes or amendments on the Platforms or through the Service by posting the revised Terms on the Platforms, or updating the “last updated” date at the beginning of these Terms, and such changes or amendments will be effective automatically upon the posting of such notification. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwisthstanding the terms of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and us that arose prior to the effective date of such revision.
We may, from time to time, release new versions of the Platforms, or release or introduce new tools, products, services, functionalities, or features for the Platforms or our Service, which will be deemed to be a part of the Service and shall be subject to these Terms of Service, and any additional terms of service as may apply to such additional versions, tools, products, services, functionalities, or features shall be deemed to be a part of your agreement with us.
IF ANY PROVISION OF THESE TERMS OF SERVICE OR OUR POLICIES, OR ANY FUTURE CHANGES OR AMENDMENTS ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO ACCESS OR USE THE PLATFORMS OR SERVICE AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORMS OR ANY SERVICE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE OR AMENDMENT TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE OR AMENDMENT.
Modifications to the Platforms or the Service
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Platforms or the Service (or any features or parts thererof including the NFT Marketplace or the Metaverse environments) at any time and without liability as a result.
How We Will Handle Disputes; Arbitration; Class Action Waiver; Limits on Liability
We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by first contacting [Customer Care]. We will try to resolve the dispute informally by responding to you in writing via email.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms of Service or any of our other policies ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases the following shall apply, except to the extent that you are a consumer and the law of the country in which you reside does not permit the following to apply:
PLEASE READ THIS SECTION CAREFULLY – IT CONTAINS AN ARBITRATION AGREEMENT. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and we agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Service, the Platforms, the Service or the Privacy Policy (a “Dispute”) shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You may choose to be represented by a lawyer in arbitration or proceed without one. You acknowledge that, by agreeing to this Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. You also agree that any Dispute in connection with these Terms of Service, the Platforms, the Service or our Privacy Policy will be governed by the laws of the State of New York and the United States of America. This provision shall survive termination of this agreement.
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Legal Counsel, Infinite Reality, Inc., P.O. Box 1061, Norwalk, CT 06854. If we initiate arbitration, we will send a written notice to an email address you have previously provided to us, if available. A notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
The arbitration shall be administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “JAMS Rules”), except to the extent that the JAMS Rules are inconsistent with this Agreement or the class action waiver described below. The arbitrator shall be selected in accordance with the JAMS Rules or the mutual agreement of the parties and shall follow New York law in adjudicating the Dispute. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, subject to the limitations set forth herein. The arbitrator shall issue a reasoned written decision setting forth the Arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and we agree otherwise, any arbitration hearings will take place in a location determined by JAMS and not more than 100 miles from your home. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the award of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive 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.
Notwithstanding the foregoing, you and we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights, or efforts to interfere with our service or engage with our service in unauthorized ways (for example automated ways). In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Governing Law; and Venue for Non-Arbitrable Disputes. These Terms of Service and our policies are governed by the laws of the State of New York, USA without regard to conflict of law principles. Any disputes that are not subject to the arbitration terms contained in these Terms of Service or that may be severed from any arbitration may only be litigated in small claims court or in the federal or state courts of New York County in the State of New York, USA and you and we consent to personal and exclusive jurisdiction in these courts and agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either parties rights to remove a case to federal court if permissible.) and waive any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.
Platforms and Service Operation. The Platforms and the Service is operated by the Company in the United States of America. If you choose to access the Platforms or the Service from locations outside the United States you do so at your own initiative and are responsible for compliance with applicable local laws. You and the 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.
As is and As Available. YOUR USE OF THE PLATFORMS AND OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE IS AT YOUR OWN RISK. We make no guarantees that they always will be safe, secure or error-free or that they will function without disruptions, delays or imperfections, To the maximum extent permitted by law we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Control or Responsibility. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
Limitation of Liability. You understand and agree that we are only willing to provide the Platforms and the Service if you agree to certain limitations of our liability to you and third parties as stated in these Terms.
No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR THE COMPANY INDEMNITEES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE PLATFORMS OR THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SUCH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Cap. To the maximum extent permitted by applicable law, you agree that your sole remedy is to delete your accounts on the Platforms. In no event will the maximum aggregate liability arising out of your use of the Platforms (including the Display Social platform, and the IM Platform) or our Service exceed the greater of U.S. Fifty Dollars ($50) or the maximum Display Dollar award amount you received in the six (6) months from the date of acceptance of these Terms of Service and our other policies. This limitation shall apply to any and all liabilities or causes of action however alleged or arising, including negligence, breach of contract, breach of warranty, or any other claim whether in tort, contract, or equity.
California Consumer Rights. If you are a California state 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
WAIVER OF JURY TRIAL. YOU AGREE TO WAIVE (GIVE UP) YOUR RIGHT TO A TRIAL BY JURY.
CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that you cannot seek to assert class or representative claims against us either in court or in arbitration and no relief can be awarded on a class or representative basis.
ONE YEAR LIMITATION. USER AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORMS OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.
Interpretation. Unless the context dictates otherwise, whenever the word “including” or similar is found in the Terms, it means “including, without limitation” and whenever the word “or” is found in the Terms it means “and/or”.
Severability. If any term, clause or provision of these Terms is held invalid or unenforceable under applicable law, that term, clause, or provision will be severable from the Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision or any other term, clause or provision of these Terms.
NFT Marketplace Terms and Conditions
Welcome to the NFT Marketplace.These Terms and Conditions (“NFT Terms”) along with the Terms of Service govern your use of and access to our services and tools to view, explore and create NFTs and to connect, at your own discretion, directly with others to purchase, sell or transfer NFTs on public blockchains (the “NFT Marketplace”). The NFT Marketplace is a part of our Service as defined in our Terms of Service (“Terms””) and such Terms of Service are incorporated by reference into these NFT Terms. In the event of a conflict between these NFT Terms and the Terms of Service, these NFT Terms will supersede and control.
READ CAREFULLY. PLEASE CAREFULLY READ THESE NFT TERMS AND THE TERMS OF SERVICE. BY ACCESSING OR USING THE NFT MARKETPLACE (INCLUDING BY CREATING AN ACCOUNT, OR BY VIEWING, EXPLORING, CREATING, SELLING, PURCHASING, TRANSFERRING, BIDDING OR OTHERWISE ENGAGING WITH ANY NFTS THROUGH OUR SERVICE OR THE NFT MARKETPLACE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THESE NFT TERMS, (INCLUDING THE TERMS OF SERVICE INCORPORATED BY REFERENCE HEREIN).
CHANGES AND AMENDMENTS. WE MAY CHANGE OR AMEND THE NFT MARKETPLACE OR THESE NFT TERMS AT ANY TIME AT OUR SOLE AND ABSOLUTE DISCRETION. ANY CHANGES TO THE NFT TERMS WILL BE IN EFFECT AS OF THE DATE SUCH AMENDED NFT TERMS ARE POSTED ON THE PLATFORM. YOU ACKNOWLDEGE AND AGREE THAT THE FORM AND NATURE OF THE NFT MARKETPLACE AND ANY PART OF IT MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU, AND THAT WE MAY ADD NEW OR REMOVE EXISTING FEATURES AND CHANGE ANY PART OF THE NFT MARKETPLACE. YOUR USE OF THE SERVICE FOLLOWING THE POSTING OF ANY AMENDMENTS TO THESE NFT TERMS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
ARBITRATION NOTICE. THE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT (EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES) AND A CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
Accessing the NFT Marketplace. Your blockchain address functions as your identity on the NFT Marketplace. Therefore, you will need a blockchain address and a third-party wallet to access the NFT Martetplace. Your account on the NFT Marketplace will be associated with your linked blockchain address. and display the NFTs for that blockchain address (and if applicable, any content associated with such NFTs).
Fees, Commissions, Royalties and Other Charges.
NFT Fees. Creating, buying selling or transferring NFTs may be subject to fees, commissions, royalties and other charges (“NFT Fees”) established from time to time in the sole discretion of Company, an NFT creator, or participants in the Ethereum ecosystem. On the date of initial publication of these NFT Terms, NFT Fees include: (a) service fees established by and payable to Company (b) commissions on secondary sales of NFTs, established by and payable to the creators of such NFTs; and (c) “gas” (fees paid to Ethereum miners in ETH through Users’ independent wallet applications as consideration for mining the Users’ transactions). Service fees may be adjusted from titme to time in the sole discretion of Company. Commissions are set in the sole discretion of the NFT creator and may range from 0% to 100%, in the event that a User acquires an NFT with a 100% commission, the User will be unable to collect any proceeds of a sale of that NFT on the NFT Marketplace. “Gas” fees are set by the User through the User’s independent wallet application, based on the market conditions on Ethereum.
Forms of Payment. NFT Fees may be paid or payable solely in the manner determined in the sole discretion of Company. On the date of initial publication of these NFT Terms, all Fees must be paid in the crypto-currencies designated by the Company for the blockchain where the NFT is minted.
Finality; No Refunds. All transactions involving NFTs are final. Blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain. All NFT Fees are non-refundable, except at the sole discretion of Company (for service fees and other fees within Company’s control) or applicable third parties (NFT creators, Ethereum miners, etc.). We do not provide refunds for any purchases that you might make on or through the NFT Marketplace (whether for NFTs or anything else).
Disclaimers. When using or accessing the NFT Marketplace or our Service you acknowledge, understand and agree to the following:
Third Party Websites. As a peer-to-peer web3 service, we help you explore NFTs created by third parties and interact with different blockchains. We do not make and hereby disclaim any representations or warranties about third party websites, third party applications or third-party content visible or accessible through our NFT Marketplace, including any content associated with NFTs displayed on the NFT Marketplace, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. You understand these third party websites or applications may be applications for which there is no recourse. We expressly deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions in NFTs.
Blockchains. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. NFTs exist only by virtue of the ownership record maintained in the associated blockchain and any transfers or sales occur on the associated blockchain. We cannot effect or otherwise control the purchase, sale or other transfer of title or right in any NFTs or underlying or associated content or items. Additionally, blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain. We are not responsible or liable for any losses or injury sustained by you due to vulnerability or any kind of failure, or abnormal behavior of software including without limitation your wallet, or a smart contract, blockchains or any other features of the NFTs. We are not responsible for losses or injury due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the NFTs, including forks, technical node issues or any other issues having losses or injury as a result.
Wallets. We are not a wallet provider, exchange, broker, financial institution, or creditor. We provide a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. To use our NFT Marketplace, you must use a third-party wallet which allows you to engage in transactions on blockchains. You agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by or affiliated with the Company, and we do not have custody or control over the contents of your wallet and we have no ablitity to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the NFT Marketplace will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone.
Smart Contracts.To initiate certain transactions on the NFT Marketplace, you must voluntarily invoke one or more smart contract operations from your wallet. All such transactions on the NFT Marketplace, including but not limited to transfers, offers, bids, listings, sales, or purchases of NFTs are initiated though one or more smart contracts at the sole discretion and at the complete risk of the users. The smart contracts are configured to facilitate the execution of a voluntary user offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer an NFT. You acknowledge the risk of smart contracts and agree to be bound by the outcome of any smart contract operation by invoking, calling, requesting, or otherwise engaging with the smart contract, whether or not the smart contract behaves as you expect.
Non-Custodial Service Provider. Certain transactions that take place on the NFT Marketplace or through our Service are managed and confirmed via the blockchain. You understand that your blockchain public address will be made publicly visible whenever you engage in a transaction on the NFT Marketplace. The Company does not own or control any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the NFT Marketplace. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The NFT Marketplace facilitates your collection of NFTs, but neither the Company, its affiliates, our Service or the NFT Marketplace, are the custodians of any user-owned NFTs or any cryptocurrencies. You agree and acknowledge that we are a non-custodial service provider and we have designed the NFT Marketplace to be directly accessible to NFT transactions by the users without any involvement or actions taken by the us or any third-party.
Buyer and Seller Agreements. We are not party to any agreement between any users. You understand that NFTs may be subject to terms directly between buyers and sellers with respect to the use of NFTs and any benefits associated with a certain NFT. An NFT creator’s website may include purchase terms governing the use of the NFT that you will be required to comply with. You are solely responsible for reviewing and understanding any and all such purchase terms. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the NFT Marketplace and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any NFT content or included merchandise associated with such NFTs) visible on the Service or the NFT Marketplace. We cannot guarantee that any NFTs visible on our NFT Marketplace will always remain visible or available to be bought, sold, or transferred.
Errors;Failures. We will not be responsible or liable to you for any loss of any NFTs or content linked to or associated with NFTs including any losses, damages or claims arising from (a) user error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; or (d) any unauthorized third-party activities including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Service or NFTs.
Assumption of Risks. In addition, you understand, acknowledge and agree that there are risks associated with using the NFT Marketplace, purchasing and holding NFTs, and using blockchain technology. These risks include the following:
NFT Access. The risk of losing access to an NFT due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks.
Volatility. The value of collectible blockchain assets including without limitation NFTs are extremely volatile and subjective and collectible blockchain assets including without limitation NFTs have no inherent or intrinsic value. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
Internet-Based Currency. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.
Forks. Ethereum, the NFTs, and other blockchains may be subject to “forks.” Forks occur when there is a change to the protocol or rules of a blockchain network that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks may have unintended, adverse effects on all blockchains, including any that are related to your NFTs. We do not assume any risk, liability or obligation in connection with the occurrence or outcome of forks.
Regulatory Uncertainty.The regulatory regime governing blockchain technologies, cryptocurrencies, NFTs and tokens is uncertain, and regulatory or legal inquiries or investigation or new regulations or policies may materially adversely affect the development of the NFT Marketplace, and therefore the potential utility or value of your NFTs.
Third-Party Vendors. The NFT Marketplace relies on third-party platforms or vendors. If we are unable to maintain a good relationship with such platform providers or vendors; if the terms and conditions or pricing of such platform providers or vendors change; if we violate or cannot comply with the terms and conditions of such platforms or vendors; or if any of such platforms or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the NFT Marketplace will suffer.
Peer To Peer Transactions. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable.
No Copyright. Unless otherwise specified by the seller of an NFT in writing, your purchase of an NFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the NFT for any commercial purpose. You understand and agree that you are not receiving any copyright interest in the NFT. Any commercial exploitation of the NFT could subject you to claims of copyright infringement.
Acknowledgement. When using our NFT Marketplace, you acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same. You further acknowledge that you are knowledgeable, and experienced in blockchain based transactions and you have done sufficient research before making any decisions to sell, buy, obtain, transfer, or otherwise interact with any NFTs on or through the NFT Marketplace or our Service.
Terms of Service All terms, covenants, agreements and conditions contained in our Terms of Service are hereby incorporated into these NFT Terms by this reference.
Company Contact Information:
Infinite Reality, Inc., P.O. Box 1061, Norwalk, CT 06854 or contact [Customer Care]
PRIVACY POLICY
Posted: January 3, 2023;
Last Updated and Effective: January 1, 2023
This Privacy Policy describes the information we process to support our Platforms (including the Infinite Metaverse platform, Infinite Reality platform and the Display Social platform (each a “Platform”)). This notice is also available in HTML format and is print enabled.
What kinds of information do we collect and the legal basis for processing the data?
To provide the best service we must process information about you. The types of information we collect depend on how you use the Platform. You can access and delete information we collect by following the process set forth below in this Privacy Policy.
Things you and others do and provide. We use your information to perform our contractual obligations with you and/or to comply with legal obligations. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve our Platform features we provide to you.
Information and content you provide. We collect the content, communications and other information you provide when you use the Platform, including when you sign up for an account, create or share content, and message or communicate with others. This can include information about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include activity through features we provide. Our systems automatically process content and communications you and others provide for the purposes related to the Platform. We use your information to perform our contractual obligations with you and/or to comply with legal obligations. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
Contacts (if you choose to authorize this). To help users connect with people they know, we offer you the option to invite friends to join the Platform and connect you with people in your contacts that are registered on the Platform. To take advantage of this feature, users can opt in to share contacts from their contact list. If you share your contacts with us, we will collect your contact list information to help you find people you know and grow your friends and followers by suggesting connections for you and others, as well as helping you find communities you may be interested in and for the other purposes discussed in this Privacy Policy.
Data with special protections. You can choose to provide information on the Platform profile page or other Platform locations about your religious views, political views, who you are "interested in," or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) is subject to special protections under European Union (“EU”) law. We use your information to perform our contractual obligations with you and/or to comply with a legal obligation. We also use this information with your consent, or because we have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you and to provide you with the features you request.
Networks and connections. We collect information about the people, pages, accounts, communities, events, interests and groups you are connected to and how you interact with them across the Platform. We also collect contact information if you choose to upload or import into the Platform (such as an address book or contact list) as is more particularly described in this Privacy Policy under “Contacts.” We use your information to perform our contractual obligations with you and/or to comply with a legal obligation. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you, to effectively market to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
Your usage
Automatically, as well as with some manual (human) processing we collect information about how you use the Platform, such as the types of content you view or engage with; the features you use; the actions you take; the people, communities or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used the Platform, and what content you view. We use your information to perform our contractual obligations with you and/or to comply with a legal obligations. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you, to effectively market to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
Information about transactions. If you sell or purchase goods or services on the Platform or perform other transactions (such as when you make a donation), we may collect information about the sale, purchase or transaction. We do not collect your credit or debit card number and other card information, other account and authentication information or billing, shipping and contact details. We use your information to perform our contractual obligations with you and/or to comply with a legal obligation. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you, to effectively market to you and to provide you with the features you request.
Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use the Platform. This can include information about you, such as when others share or comment on a photo or video you created, send a message to you, interact with you regarding content you are viewing or engaging with, or upload, sync or import your contact information. We use your information to perform our contractual obligations with you and/or to comply with a legal obligation. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you, to effectively market to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
Device Information. As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with the Platform, and we combine this information across different devices you use. For example, we use information collected about your use of the Platform on your phone to better personalize the content (including advertisements) or features you see on the Platform on another device, such as your laptop or tablet, or to measure whether you took an action in response to a communication we sent you or advertisement we showed you on your phone on a different device. We use your information to perform our contractual obligations with you and/or to comply with a legal obligations. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you, to effectively market to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
Information we obtain from these devices includes: (i) device attributes such as the operating system, hardware and software versions, browser type, app; (ii) identifiers such as unique identifiers, device IDs, and other identifiers; (iii) device settings such your GPS location, camera or photos; (iv) network and connections such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address and, in some cases, information about other devices that are nearby or on your network; and (v) information from cookies. We use your information to perform our contractual obligations with you and/or to comply with legal obligations. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you, to effectively market to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
We may use Cookies, Tokens, Tags, or similar technology. Cookies, Tokens, Tags, SDKs, pixels,clear gifs, iframes, web beacons or similar technologies are small pieces of text or code used to store information on web browsers or apps. These are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”
Why would we use cookies? Cookies may help us to understand the information we receive about you, including information about your use of other websites and apps, whether or not you are registered or logged in. Cookies also may help us provide, protect and improve the Platform and our service, such as by personalizing content, tailoring and measuring advertisements, and providing a safer experience. While the cookies that we may use may change from time to time, we use them for the following purposes:
Authentication: We may use cookies to verify your account and determine when you’re logged in so we can make it easier for you to access the Platform and show you the appropriate experience and features.
Site features and services. Cookies can be used to enable the functionality that helps us provide the Platform and our service. Cookies also help provide you with content relevant to your locale and provide you with the best experience possible.
Security, site and product integrity: Cookies can help keep your account and data on the Platform safe and secure. Cookies also can be used to combat activity that violates our policies or otherwise degrades our ability to provide the Platform.
Analytics and research: Cookies may allow a better understanding of how people may use the Platform and our Service so that we can improve them.
Advertising, recommendations, insights and measurement: Cookies also allow us to provide insights about the people who use the Platform. Cookies help us show advertisements and to make recommendations for businesses and other organizations to people who may be interested in the products, services or causes they promote. Cookies also help measure the performance of ad campaigns for businesses that use the Platform. Cookies can also be used to help you opt out of seeing advertisements.
We use your information from Cookies with your consent. We use your information from Cookies to perform our contractual obligations with you and/or to comply with a legal obligation. We also have a legitimate interest for using your information from Cookies to make the Platform and its features relevant and personalized to you, to effectively market to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
Do other parties use cookies in connection with the Platform? Yes, other parties including third party analytics providers, may use cookies on the Platform to provide analytics and other services to us and the businesses that advertise on or use the Platform.
How can you control ads you see? You can control how we use data to show you advertisements. Your browser or device may offer browser controls or settings that allow you to choose whether browser cookies or other technologies are set and to delete them. For more information about these controls, visit your browser or device's help material. Please understand that certain parts of the Platform may not work properly if you have disabled browser cookie use.
Information from partners. Advertisers, app developers, and publishers can send us information they use about your activities off the Platform— including information about your device, websites you visit, purchases you make, the advertisements you see, and how you use their services—whether or not you are logged into the Platform.We also receive information about your online and offline actions and purchases from third-party data and/or analytics providers who have the rights to provide us with your information. We require each of these parties to have lawful rights to collect, use and share your data before providing any data to us. We use your information to perform our contractual obligations with you and/or to comply with a legal obligation. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features we provide to you. We have a legitimate interest in using your information to effectively market to you and analyze trends and patterns among our users.
How do we use the information collected and what is the legal basis for processing this data?
We use the information we have as follows:
To improve and personalize the Platform. We use the information including location-related information to deliver the Platform, including to personalize features and content and make suggestions for you (such as groups, communities or events you may be interested in or interests you may want to follow). We use your connections, preferences, interests and activities based on the data we collect and learn from you and others, how you use and interact with the Platform and the people, places, content or things you're connected to and interested in to personalize the Platform so that they are unique and relevant to you as possible. We use your information to perform our contractual obligations with you and/or to comply with a legal obligation. We also have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features. We have a legitimate interest in using your information to effectively market to you and analyze trends and patterns among our users.
Provide measurement, analytics, and other business services. We use the information we have to help advertisers and other partners measure the effectiveness and distribution of their advertisements, content and services and understand the types of people who use their services and how people interact with their websites, apps, and services. We have a legitimate interest in using your information to perform these activities and to effectively market to you and analyze trends and patterns among our users. We also have a legitimate interest in using this information to improve the Platform features we provide to you.
Promote safety, integrity and security. We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of the Platform, and promote safety and security on the Platform. For example, we use data we have to investigate suspicious activity or violations of our Terms of Service or other policies. We use your information to perform our contractual obligations with you and/or to comply with a legal obligation.
Communicate with you. We use the information we have to send you marketing communications, communicate with you about the Platform, and let you know about our policies, terms and conditions. We also use your information to respond to you when you contact us. We have a legitimate interest for using your information to make the Platform and its features relevant and personalized to you, to effectively market to you, and to provide you with the features you request. We also have a legitimate interest in using this information to improve the Platform features. We use your information to perform our contractual obligations with you and/or to comply with a legal obligation.
How is information shared?
We may share information with others in the following ways:
People you share and communicate with on the Platform. When you share content or communicate using the Platform , you have the ability to choose who you want to share with, such as a group, all of your friends or the public. Public information can be seen by anyone, including if they don't have an account on the Platform. This includes your Platform username; any information you share with a public audience; and information in your public profile.
Content others share or reshare about you. You should consider who you choose to share with, because people who can see your content and activities on the Platform can choose to share it with others on and off the Platform. For example, when you share content with specific friends or accounts, they can download, screenshot, or reshare that content to others across or off the Platform. Also, when you comment on someone else's content, your comment is visible to anyone who can see the other person's content, and that person can change the audience later.
People can also use the Platform to create and share content about you with the audience they choose. For example, people can share a photo of you, mention or tag you, or share information about you in their content or posts. If you are uncomfortable with what others have shared about you on the Platform, you can report the content to Customer Care or contacting us at the address below.
Information about your active status on the Platform. Your friends and followers can see signals telling them whether you are active on the Platform.
Apps, websites, and third-party integrations. When you choose to use third-party apps, websites, or other services that use, or are integrated with, the Platform, they may receive information about content you post or share. When you download or use such third-party services, they may be able to access your public profile on the Platform. Apps and websites may access your list of Platform friends or followers if you choose to share that information. Information collected by these third-party services is subject to their own terms and policies, not our Terms of Service, this Privacy Policy or our other policies.
Assignment, Change of Control and Transfer. All of our rights and obligations under our Privacy Policy are freely assignable by us in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
Sharing with Third Parties. We work with third parties who help us provide, analyze data on and improve the Platform. We also impose restrictions on how third parties can use and disclose the data we provide. Here are the types of third parties we share information with:
Third Parties who use our analytics services. We provide aggregated statistics and insights to better understand how users of the Platform are engaging with the Platform community. For example, the number of users who viewed, reacted to, or commented on a particular post, as well as aggregate demographic and other information, for the purpose of better understanding how the Platform users are interacting on the Platform.
Advertisers. We provide advertisers with reports about the types of people viewing advertisements and how their advertisements are performing, but we don't share personally identifiable information about our users (information such as your name or email address that identifies who are users are) without your permission. For example, we provide general demographic and interest information to advertisers (for example, that an advertisement was seen by a male or female between specific ages who live in a particular locale and have certain interests) to help better understand their audience. We also may confirm which advertisements led you to interact with an advertiser or make a purchase.
Third Parties offering goods and services. When you buy or subscribe for something on the Platform, the content creator or seller can receive your public information and other information you share with them to complete the transaction, including shipping and contact details.
Third Party analytics service providers. We share information and data with providers of analytics services which provide reports to us about the use of our Platform to help us better understand how users of the Platform are interacting with other users, and the content and services provided on the Platform. We impose restrictions on how such service providers can use and disclose such information and data.
Other reasons. We may also share your information with third parties for other or unanticipated reasons with your consent.
Law enforcement or legal requests. We share information with law enforcement or in response to legal requests as necessary to meet legal requirements or fulfill our Terms of Service, this Privacy Policy and our other policies. More information on law enforcement is provided later in the Privacy Policy.
How We Protect Personal Information
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Our Platform permits you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
Special Notice for EU Users.
How can you exercise your rights provided under the GDPR?
Access/Objections to Processing. Under the General Data Protection Regulation (“GDPR”), you have the right to access, rectify, port and erase your data. You may rectify or update your inaccurate or out of date personal information by going to your account settings and your profile. You may access, object to and restrict certain processing of your data by using this “access request” link for [Data Privacy] or contacting us at the address below. This includes but is not limited to the right to object to our processing of your data for direct marketing or pursuing our or a third parties’ legitimate interests. You may also withdraw your consent when our processing of your data is based on your consent. You can object, withdraw your consent, request we erase and/or exercise your portability right by using this "objection" link for [Data Privacy] or contacting us at the address below.
Data retention, account deactivation and deletion. We store data until we believe it is no longer necessary to the Platform and fulfill the purposes described in this Privacy Policy. This is an individualized determination that depends on a number of factors such as the nature of the data, why it is collected, whether you have deleted your account, and relevant legal or operational document and information retention requirements. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can't identify you.
When you delete your account, we will delete your content and posts, and they will no longer be recoverable. Information that others have shared about you isn’t part of your account and won’t be deleted. If you don't want to delete your account but want to temporarily stop using the Platform, you can suspend your account.
Complaints. If you believe that we have not complied with data protection laws, and you are a resident of a European Economic Area Member State, you have the right to lodge a complaint with your local supervisory authority. However, if you have any questions about our data processing activities, or you wish to contact us or notify us regarding accepting service of issues relating to data processing under the GDPR you may contact our EU Contact/Data Protection Officer.
How do we respond to legal requests or prevent harm?
We access, preserve and share your information with law enforcement, governmental agencies, regulators or others:
In response to a legal request (like a search warrant, court order or subpoena) as we determine required or appropriate.
When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Platform, violations of our Terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or service), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
Information we receive about you (including financial transaction data related to purchases) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our Terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for Terms violations to prevent repeat abuse or other Terms violations.
How do we operate and transfer data as part of our global services?
As a global platform we share information globally, both internally and externally with our partners and with those you connect and share with around the world in accordance with this Privacy Policy. Information will be stored and processed in the United States or other countries outside of where you live for the purposes as described in this Privacy Policy. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws of your country. These data transfers are necessary to globally operate and provide the Platform to you.
Where we transfer your personal information from the European Economic Area (“EEA”) to a destination in a country outside of the EEA we utilize standard contract clauses, rely on the European Commission’s adequacy decisions about certain countries, as applicable and obtain your consent for these data transfers to the United States and other countries.
For a copy of the standard contractual clauses click this link – https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087
For a copy of adequacy decisions click this link – https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en.
Special Notice for California Residents
This section applies only to California Residents. It explains how we collect, use and share your Personal Information and how to exercise your rights under the California Consumer Privacy Act of 2018.
Personal Information Collected. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the personal information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your personal information, where we obtain the personal information, and the third parties that we share your personal information. We collect and share information with third parties for the purposes described in this Privacy Policy.
Privacy Rights. If you are a California resident, you have rights in relation to your personal information; however, your rights are subject to certain exceptions. For instance, the Company cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us or the security of the business’s systems of networks.
Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
You have the right to know the personal information we collect, use, and disclose about you during the preceding 12 months.
You have the right to request in writing from us a copy of the:
> Categories of information we have collected about you individually
> The categories of sources from which we collected that information
> Why we collected that information about you
> The categories of third parties with whom we shared your personal information
> The categories of personal information that the business disclosed about you for a business purpose
> The categories of personal information disclosed to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year
> The specific pieces of personal information we have collected about you.
Please note that we are only required to respond twice per calendar year to your right to know.
You have the right to request that the we delete any personal information we have collected from you or maintain about you individually, subject to certain exceptions.
We will not discriminate against you if you exercise these rights including the right to know, delete or to opt-out of services. To assert your rights please contact [Data Privacy] or contact us at the address below. To verify your identity, we will ask you to login to your account. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
Right to Opt-Out. To provide the products or features offered by the Platform we must process information about you, including personal information. We share information about you for business purposes with third parties or affiliates in accordance with the CCPA. We do not sell any of your Personal Information, and we never will. To the extent that you do not want us to share your personal information with the third-party in this way, you have the right to opt-out of such sharing. If you would like to no longer have your personal information shared in this way, please contact [Data Privacy] or contact us at the address below. Please note that to the extent you opt-out we may be unable to offer you some of the benefits and services of the Platform, for example Display Dollar awards on the Display Social platform and other benefits which require sharing personal information, to the extent sharing such personal information is necessary to provide you with such benefits or services as a part of the Platforms’s ongoing business relationship with you. If you have further questions, you can contact us by emailing [Data Privacy] or at the address below.
For purposes of exercising your rights, please note the following regarding how we collect and use your personal information as described in this Policy. This is a summary of the CCPA-related categories of personal information we may have collected about you over the past 12 months, depending on how you use our Platform, as well as how we use it and with whom we may have shared it.
Categories of Personal Information we collect may include: |
Examples of how Personal Information is used include: |
Parties with whom your information may be shared include: |
Identifiers; Data with special protections, if you choose to provide it; Commercial information, if you choose to provide it; Contact list information, if you choose to provide it; Photos and face imagery that can be used to create face-recognition templates if you or others choose to provide it and you have the setting turned on; Internet or other electronic network activity information, including content you view or engage with; Location-related information, including precise device location if you choose to allow us to collect it; Audio or visual Information, including photos and videos, if you or others choose to provide it; Professional or employment information, if you choose to provide it; Education information, if you choose to provide it; Financial information, if you choose to provide it; and Information derived from other personal information about you, which could include your preferences, interests, and other information used to personalize your experience. |
Providing, personalizing, and improving our Products; Facilitating transactions, providing measurement, analytics, advertising, marketing and other business services; Automatically, as well as with some manual (human) processing, process information to provide insights and measurement reports to businesses, advertisers and other partners to help them measure the effectiveness and distribution of their content and services, to understand their audiences who are seeing their content and ads and how their content and ads are performing,, to understand how people interact with their and our websites and services and for other business purposes. Promoting safety, integrity, and security; Communicating with you; Researching and innovating for social good; Suggest friends and followers for you and others; and To perform other business purposes. |
People and accounts you share and communicate with; People and accounts with which others share or reshare content about you; Apps, websites, and third-party integrations on or using our Products; New owners in the event of a change of ownership or control of all or part of our Products or their assets changes; Affiliate entities controlled by, controlling, or under common control with Infinite Reality, Inc.; Partners, including partners who use our analytics services, advertisers, measurement partners, partners offering goods and services in our Products, vendors and service providers, and researchers and academics; and Law enforcement or other third parties in connection with legal requests. |
Special Notice for Connecticut, Colorado, Utah, Virginia and Other State Residents
Some US states, such as Connecticut and Virginia, require us to inform their residents about additional privacy information and rights.This section provides and explains some of the additional state-specific privacy rights that are available to residents of such states. When you make a request, we may provide more detailed information regarding whether your request is subject to applicable law, and whether any exception or limitation applies.
YOUR RIGHT TO ASK US TO DELETE YOUR PERSONAL INFORMATION
Upon your request, we will delete the personal information we have collected about you, subject to certain legally permissible exceptions.
To make a request, please contact the Platform as stated in the Questions section below.
YOUR RIGHT TO ASK US TO ACCESS YOUR PERSONAL INFORMATION
You have the right to ask us to confirm that we process your personal information, or to ask us for a copy of the specific personal information we have collected about you.
To make a request, please contact the Platform as stated in the Questions section below.
YOUR RIGHT TO LIMIT OUR USE OF YOUR PERSONAL INFORMATION FOR TARGETED ADVERTISING
You can ask us not to use your personal information for targeted online advertising, which means we will not use personal information collected by third parties from your activities over time across websites and applications we do not operate to present ads that we think will interest you. Even if you opt out of targeted ads, we will continue to collect and use data for purposes that are not related to targeted advertising, including research, analytics, and internal operations, and to serve you ads based on information we gain from your direct engagement with our content and products. To opt-out of targeted advertising, please contact the Platform as stated in the Questions section below.
YOUR RIGHT TO ASK US TO CORRECT YOUR PERSONAL INFORMATION
You can ask us to correct information about you that is inaccurate. We will take into account the nature of the personal information, where we obtained the personal information, and the purposes of our processing when we address your request. We may deny your request to correct if we determine that these circumstances make it more likely than not that the personal information we have is accurate.
Some of your information can be updated through settings in our apps and websites. Please check there first.
If you are unable to correct your information through self-service tools, please contact the Platform as stated in the Questions section below.
YOUR RIGHT TO LIMIT OUR USE OF YOUR SENSITIVE PERSONAL INFORMATION
We may use Sensitive Personal Information about you for the business or commercial purposes described above. Subject to a few exceptions, you may limit our use of this Sensitive Personal Information to only uses that are reasonably necessary to perform services or provide goods. Depending on your state, you may have the right to limit our processing of certain Sensitive Personal Information (or to withdraw consent for such processing if you previously gave it).
YOUR RIGHT TO LIMIT OUR USE OF YOUR PERSONAL INFORMATION FOR PROFILING/AUTOMATED PROCESSING
Under applicable law, you may have the right to opt-out of certain automated processing performed on personal information to evaluate, analyze, or predict personal aspects of a person’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. If you have questions or concerns, please contact the Platform as stated in the Questions section below.
HOW TO EXERCISE YOUR STATE SPECIFIC RIGHTS
You may exercise any of the rights described in this section regarding certain state laws, by contacting the Platform as stated in the Questions section below. When you submit a request, we will usually ask you to provide an email address which we will contact to confirm the request was not fraudulently submitted.
If you are the parent or guardian of a minor child, you may also submit a request on behalf of your child. In that event, we will ask you to provide your child’s email address and to submit a signed form authorizing us to proceed with the request regarding your child’s personal information.
You may also designate an authorized agent to submit a request on your behalf. Depending on the nature of the request, we may authenticate the request, such as by requiring a signed written permission from you that authorizes the agent to act on your behalf. A valid power of attorney will constitute signed written permission, but you are not required to obtain a power of attorney to use an authorized agent.
YOUR RIGHT TO APPEAL
In certain situations, if we deny/cannot fulfill your request, you may appeal the denial by contacting the Platform as stated in the Questions section below ask us to review your request again.
To learn more about submitting a request under this section of the Privacy Policy, please see the How to Contact the Platform with Questions section below.
Children
Our websites and online services are not intended for children under the age of 16 and we do not knowingly collect or share personal information from children under the age of 16, without parental consent. Children under the age of 16 should not provide their personal information to us. We will notify you of changes to this Privacy Policy
Changes to this Privacy Policy
We are committed to providing you control over your personal information.We will notify you of any changes to this Privacy Policy by posting the new or revised Privacy Policy on our Platform and give you the opportunity to review the revised Privacy Policy before you choose to continue using the Platform. The date the Privacy Policy was last updated is identified at the beginning of this Privacy Policy, and such changes or amendments will be effective automatically upon the posting such notification. You are responsible for periodically visiting our Service and this Privacy Policy to check for any changes. Your continued access to or use of the Platforms or any Service following such Notice of any change or amendment to this Policy shall constitute your acceptance and agreement to such change or amendment.
Links
Our Platform may contain links to third-party sites that are not governed by this Privacy Policy. If you click on a link to a third-party site, you will be taken to a site we do not control. We cannot edit or delete any information that is stored on these sites including on a blockchain, for example the Ethereum blockchain, as we do not have custody or control of these third-party sites. We are not responsible for the privacy practices by third-party sites. We suggest that you read the privacy policies of those sites carefully. We are not responsible for these third-party sites.
How to contact the Platform with Questions.
If you have questions about this Privacy Policy, you can contact us by emailing [Data Privacy] or by mail at the address below:
Infinite Reality, Inc.
P.O. Box 1061
Norwalk, CT 06854
COMMUNITY GUIDELINES
Posted: June 3, 2022
Last Updated and Effective: July 5, 2022
By participating on our Platforms (including the Display Social platform or the Infinite Metaverse platform) you are becoming a member of a community that depends on the goodwill and responsible behavior of each of our users. Our Platforms is a place where users can share their creativity and experiences, connect with followers, friends and family, and participate in communities.
We recognize how important it is for our Platforms to be a place where people can freely express themselves and feel empowered to communicate, it is also important that it is done in a safe environment for all users. The purpose of these Community Guidelines is to supplement our Terms of Service and other policies by outlining what is and is not allowed on our Platforms.
OUR COMMITMENT TO NEUTRALITY
Each of our Platforms is intended to be a neutral platform that allows its users to express their creativity and views to the extent legal and in accordance with our Terms of Service. These guidelines are designed to help identify content that is violating the Terms of Service. Inappropriate content that violates our Terms of Service will be removed and, depending upon the type of content and violation category, more severe actions may be taken including being banned from the Display community and/or contacting law enforcement.
As a neutral platform, we do not take political sides or censor legitimate political speech. We want people to be able to talk openly about the issues that matter to them, even if some may disagree or find them objectionable so long as it does not violate our Terms of Service, policies and these guidelines. Freedom of expression is paramount provided it is not abused. For these reasons, when we determine that content violates the Terms of Service, we do not do it lightly but rather to ensure our community is authentic, safe and respectful of all users.
Our Community Guidelines apply to everyone, all around the world, and to all types of content. We recognize that words can be interpreted or affect people differently and we try to account for these differences and apply our policies consistently and fairly. While we have a content moderation team working 24/7, we may not always detect content and behavior that violates these standards which means that enforcement may be limited or delayed in some instances. We rely heavily on our users to help alert us and to report content which may violate our terms and guidelines. Users can report potentially violating content. Users also have the ability to control their own experience by not accepting friend requests and blocking or unfollowing people and posts.
The consequences for violating our Community Guidelines vary depending on the severity of the violation and the person's history on the platform. We may warn someone for a first violation, but if multiple violations occur we may take additional action including restricting a user’s ability to post on our Platforms for a period of time or even disable their profile. We also may notify law enforcement when we believe there is a genuine risk of physical harm, a direct threat to public safety, or a violation of law.
Violence
We aim to prevent potential harm that may be related to content on our Platforms. We remove posts, comments and messages that we become aware of that incites or facilitates serious violence. We also remove content, disable accounts, and work with law enforcement when we believe there is a genuine risk of physical harm or direct threats to public safety. We also try to consider the language and context in order to distinguish casual statements from content that constitutes a credible threat to public or personal safety. In determining whether a threat is credible, we may also consider additional information like a person's public visibility and the risks to their physical safety.Dangerous Individuals and Organizations
In an effort to prevent and disrupt real-world harm, we do not allow any organizations or individuals that proclaim a violent mission or are engaged in violence to have a presence on our Platforms. This includes organizations or individuals involved in the following: Terrorist activity; Organized hate; Human trafficking; Organized violence or criminal activity. We also remove content that expresses support or praise for groups, leaders, or individuals involved in these activities.Organized Harm and Crime
In an effort to prevent and disrupt offline harm and copycat behavior, we prohibit people from facilitating, organizing, promoting, or admitting to certain criminal or harmful activities targeted at people, businesses, property or animals. We allow people to debate and advocate for the legality of criminal and harmful activities, as well as draw attention to harmful or criminal activity that they may witness or experience as long as they do not advocate for or coordinate harm.
We do not allow symbols that represent any of the above organizations or individuals to be shared on our platform without context that condemns or neutrally discusses the content. We do not allow content that praises any of the above organizations or individuals or any acts committed by them. We do not allow coordination of support for any of the above organizations or individuals, or any acts committed by them. We do not allow content that praises, supports, or represents events that Display designates as terrorist attacks, hate events, mass murders or attempted mass murders, serial murders, hate crimes and violating events.Fraud and Deception
In an effort to prevent fraudulent activity that can harm people or businesses, we remove content that purposefully deceives, willfully misrepresents or otherwise defrauds or exploits others for money or property. This includes content that seeks to coordinate or promote these activities using our services. We also do not allow people to misrepresent themselves on our Platforms, use fake accounts, artificially boost the popularity of content, or engage in behaviors designed to enable other violations under our Community Guidelines. This policy is intended to protect the security of user accounts and our services, and to create a space where people can trust the people and communities they interact with.Regulated Goods
To encourage safety and compliance with common legal restrictions, we prohibit attempts by individuals, manufacturers, and retailers to purchase, sell, or trade non-medical drugs, pharmaceutical drugs, and marijuana. We also prohibit the purchase, sale, gifting, exchange, and transfer of firearms, including firearm parts or ammunition, between private individuals on our Platforms. Some of these items are not regulated everywhere; however, because of the borderless nature of our community, we try to enforce our policies as consistently as possible. Firearm stores and online retailers may promote items available for sale off of our services as long as those retailers comply with all applicable laws and regulations. We allow discussions about sales of firearms and firearm parts in stores or by online retailers and advocating for changes to firearm regulation. In addition, we reserve the right to prohibit the purchase, sale, gifting, exchange, and transfer of any other regulated goods, such as endangered species and their parts.Suicide and Self-Injury
While we want our Platforms to be a place where people can discuss and raise awareness about issues of importance and seek support from others, we don’t allow people to intentionally or unintentionally celebrate or promote suicide or self-injury, or identify, negatively target or makes fun of victims or survivors of suicide or self-injury. We define self-injury as the intentional and direct injuring of the body, including self-mutilation and eating disorders. We remove any content that encourages suicide or self-injury (this includes memes or illustrations as well as any self-injury content which is graphic). With respect to live streaming, we may leave the content up for a period of time so long as it is still talk and not action because experts believe that the longer someone is talking to a camera, the more opportunity there is for a friend or family member to call emergency services.Child Exploitation, Abuse and Nudity
We do not allow content that sexually exploits or endangers children/minor. A child/minor is defined as anyone less than 18 years of age. Prohibited content includes photos, videos, arranging real world sexual encounters, implied sexual acts or poses or any other sexually implicit content. Prohibited content also includes acting or failing to act, causing injury, death, emotional harm or other risk of serious harm to a child/minor. There are many forms of child maltreatment, including neglect, physical abuse, sexual abuse, exploitation, and emotional abuse. When we become aware of apparent child exploitation, we report it to the National Center for Missing and Exploited Children (NCMEC), in compliance with applicable law. We know that sometimes people share nude images of their own children with good intentions; however, depending on the image we may remove these images because of the potential for abuse or reuse by others.Harassment
Harassment happens in many different forms, from making threats to releasing personally identifiable information, to sending threatening messages, and making unwanted malicious contact. This kind of behavior is not acceptable on our Platforms. We distinguish between public figures and private individuals because we want to allow discussion, which often includes critical commentary of people in the news or who are public figures or have a large public audience. Context and intent matter, and we allow people to share and re-share posts if it is clear that something was shared in order to condemn or draw attention to bullying and harassment.Human Exploitation
We remove content that facilitates, coordinates or promotes the exploitation of humans, including human trafficking. Human trafficking is the exploitation of humans in order to force them to engage in commercial sex, labor, or other activities against their will. We also do not allow content that facilitates, coordinates or promotes human smuggling as the procurement or facilitation of illegal entry into a state across international borders.Privacy
Privacy and the protection of personal information is very important for our Platforms. We work hard to safeguard your personal identity and information and we encourage users not to post personal or confidential information about yourself or of others. We may remove content that shares, offers or solicits personally identifiable information or other private information that we believe could lead to physical or financial harm, including financial, residential, and medical information, as well as private information obtained from illegal sources. We recognize that the safety of our users extends to the security of their personal information and accounts and our services. We do not allow attempts to gather sensitive user information through the abuse of our Platforms and products.Hate Speech
Hate speech is violent or dehumanizing speech, harmful stereotypes, statements of inferiority, or calls for exclusion or segregation. Hate speech creates an unsafe environment of intimidation and exclusion and in some cases may promote real-world violence. Accordingly, we do not allow hate speech on our Platforms. Hate speech includes attacks on people based on race, ethnicity, national origin, religious affiliation, sexual orientation, caste, sex, gender, gender identity, serious disease or disability, age, immigration status or other discriminatory reasons. Sometimes people share content containing someone else’s hate speech for the purpose of raising awareness or educating others or in an empowering way. We allow this type of content but expect users to clearly indicate their intent. Where the intention is unclear, we may remove the content.Graphic Content
We remove content that glorifies violence or celebrates the suffering or humiliation of others. We allow graphic content (with some limitations) when communicating news or current events, to help people raise awareness about issues or for educational purposes.Nudity and Sexual Activity
We restrict the display of nudity or sexual activity. This includes uncovered images of female breasts, genitalia or anus, or content depicting sexual acts. We default to removing sexual imagery to prevent the sharing of non-consensual or underage content. Restrictions on the display of nudity or sexual activity also apply to digitally created content unless it is posted for educational, humorous, or satirical purposes. We also restrict sexually explicit language because some audiences within our global community may be sensitive to this type of content and it may impede the ability for people to connect with their friends and the broader community. However, we understand that nudity can be shared for a variety of reasons, including as a form of protest, to raise awareness about a cause, or for educational or medical reasons. Where such intent is clear, we make allowances for the content. For example, while we restrict images of female breasts that include the nipple, we allow other images, including those depicting acts of protest, women actively engaged in breast-feeding, and photos of post-mastectomy scarring. We also allow photographs of paintings, sculptures, and other art that depicts nude figures.Spam
We try to limit the spread of spam because we do not want to allow content that is designed to deceive, or that attempts to mislead users to increase viewership. This content creates a negative user experience, detracts from people's ability to engage authentically in online communities, and can threaten the security, stability, and usability of our services.Fake News
We attempt to reduce the spread of fake news on our Platforms. This is a challenging and sensitive issue. We want to help people stay informed without stifling productive public discourse. We recognize that there is a difference between fact and opinion. There is also a fine line between fake news and satire or opinion. For these reasons, we do not automatically remove fake news from our Platforms unless we believe that it promotes or incites dangerous behavior, violence, illegal activity or otherwise violates our Terms of Service, Community Guidelines or other policies. We do, however, attempt to reduce its distribution where possible.Intellectual Property
We take intellectual property rights seriously and believe they are important to promoting expression, creativity, and innovation in our community. As described in our Terms of Service you own the content and information you post on our Platforms, and you control how it is shared through your privacy and application settings. However, before sharing content on our Platforms, please be sure you have the right to do so. We ask that you respect other people’s copyrights, trademarks, and other legal rights. We are committed to helping people and organizations promote and protect their intellectual property rights. Our Terms of Service do not allow people to post content that violates someone else’s intellectual property rights, including copyright and trademark. If you believe that a user is violating your intellectual property rights, we provide the ability to report violations as described in our Terms of Service
CREATOR AWARDS PROGRAM
Posted: June 3, 2022
Last Updated and Effective: July 5, 2022
The Display Social platform receives compensation from Advertising and eCommerce on the Display Social platform
We do not charge users of the Display Social platform for the opportunity to participate in the Display Creator Awards Program. However, we do receive compensation from advertisements, retailers, brands, merchants and other partners participating in connection with the content they create and share with others on the Display Social platform. We may also receive affiliate marketing commissions or other compensation from eCommerce transactions initiated and completed through the Display Social platform.
Display, “The Social That Pays”
One of the key differentiators and benefits of becoming part of the Display Social platform community is that we provide you the opportunity to be rewarded for your content and eligible eCommerce transactions on the Display Social platform.
As a registered user of the Display Social platform, you have the opportunity to receive Display Dollar awards to the extent that we receive monies from advertisements viewed by other the Display Social platform users directly related to content that you create and post on your profile page.
As a registered user of the Display Social platform, you also have the opportunity to receive Display Dollar awards to the extent that (i) we receive affiliate marketing commissions from retailers, brands, merchants or other participating partners from completed eCommerce retail sales transactions that are directly identifiable to content you create and post on your profile page (net of returns) and (ii) the participating eCommerce partner permits awarding users based on affiliate commissions (“eligible eCommerce”). (Please be aware that not all eCommerce affilicate partners permit awarding users based on affiliate commissions received by Display Social.)
Participation in this opportunity to earn benefits are offered at our sole discretion and subject to your compliance with our Terms of Service, this Creator Awards Program, our other policies and all applicable laws, rules and regulations.
Display Dollar Award Rates
Unless agreed with us in writing, or as part of the Display Social platform pre-registration promotion or as part of another Display Social platform promotion, a user’s initial Display Dollar award rate will be 30% based on of advertising and eligible eCommerce directly related to content that you create and post on your profile page. We may have promotions from time to time which offer different rates. Display Dollar award rates are subject to change at our sole discretion.
You will have the opportunity to increase your Display Dollar award rate up to a maximum of 50% based on a number of factors including promotions, the level of your daily usage of the Display Social platform, the amount, quality and type of content you create for our community, the number of friends or followers you bring to the Display Social platform’s registered users and the level of eligible eCommerce transactions completed.
Display Dollar award rates for advertisement are calculated based on the number of users that view a particular advertisement specifically related to content that you create and post on your profile page and the ad rate for any particular advertisement. Advertising rates will vary based on among other items, the brand, product type, merchant, logistics provider or other participating partner, the amount of data you share, the geography in which an advertisement is viewed and the conversion rate from the advertisement. In addition, not all advertisements pay in all geographies and not all users who view an ad are viewed as a qualified viewer for that advertisement.
All Display Dollar award rates are determined net of Display Social platform costs and expenses. In addition, we also have the right to deduct reasonable fees, charges and other applicable deductions and costs. The amount of costs, expenses, fees, charges and other applicable deductions and costs may vary depending on the manner in which you elect to receive your Display Dollar awards, the country, state or territory you live, applicable tax requirements, whether you are the primary creator or receiving Display Dollar awards based on creators you refer to the Display Social platform and other factors such as copyright or other costs related to your content. The advertising and eligible eCommerce affiliate commission amounts paid to us related to content you create, or your eligible eCommerce transactions may not be immediately determinable by us. Accordingly, we may also take holdbacks against your Display Dollar awards until such time as we determine the amount of monies we receive from advertisers and affiliate commissions.
The amount of any Display Dollar award will be determined by us in our reasonable discretion, and in some cases may be based on estimates or assumptions which we determine to be fair and reasonable given each individual circumstance. In this regard, due to the payment terms from advertisers and affiliate commissions, a portion of your Display Dollar awards may be held until the final settlement and determination of amounts received by us. We will review this periodically and adjust your Display Dollar awards accordingly.
If you disable “cookies” (as defined in our Terms of Service on your device, you may not be able to earn Display Dollar awards because cookies are used to authenticate the user and verify which Display Social platform user is eligible for to receive Display Dollar awards and the amount of Display Dollar award. You can see more information about cookies and how we use then in our Privacy Policy.
If other sites are visited before completing a sale transaction for a product, goods or service you offer or recommend, the transaction might be associated with a service other than the Display Social platform and you might not earn Display Dollar awards from a sales transaction.
We reserve the right to change the method of calculating award rates from time to time at our sole discretion.
We can refuse to allow you to earn Display Dollar awards without notice if you seriously or repeatedly violate our Terms of Service, our policies, infringe other people's intellectual property rights, violate laws, create risk or possible legal exposure for us, or where we are otherwise required to do so by law.
If you believe that your award amount is incorrect you may contact [Customer Care] and ask us to review your award amount. We will review your award amount in good faith and make any adjustment we determine to be appropriate. All decisions are final.
Bonuses and Other Rewards
We periodically offer promotions, bonuses or other rewards for registering with the Display Social platform and/or for referring new users to the Display Social platform. If you elect to participate in any promotion, your participation is subject to the program promotional terms. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Creator Awards Program. All bonuses and rewards are subject to review. We have no obligation to continue any promotions and may change the terms or terminate this promotion at any time in our sole discretion.
Display Dollar Award Redemption Terms
Display Dollar awards are redeemable on a basis of US$1.00 for each Display Dollar award. The minimum Display Dollar award redemption amount will determined by us from time to time in our sole discretion. The minimum Display Dollar award redemption amount will initially be 25 Display Dollar awards, subject to adjustment upward or downward. Balances below the minimum Display Dollar awards will remain in your account until your account reaches the minimum Display Dollars award amount and you request payment of awards. All Display Dollar awards will be paid in U.S. dollars via PayPal or other manner as we may make available from time to time. Gift cards, charitable donations and transfers between registered users of the Display Social Platform may also be available as discussed later in this Creator Awards Program. Users may select or change their Display Dollar award options in their account settings. Redemption of Display Dollar awards may not be requested more than two times in any thirty (30) day period. You should expect that processing of redemptions of Display Dollar awards may take time depending on when we receive payment from advertisers and eligible eCommerce affiliate partners, the method of payment you elect, your location and other factors.
We are not responsible for errors made by any company or organization we may use for processing Display Dollar awards, nor for lost or stolen Display Dollar awards redemptions. We are not responsible for Display Dollar award redemptions delivered to the wrong address through no fault of ours or made by Display Dollar award redemption partners, like PayPal, or other similar company we may use for award processing. If you request a redemption of your Display Dollar awards by check and the check expires without being cashed or deposited, or if it is returned uncashed to us, the Display Dollar award amount will be returned to your profile account, where it may be subject to inactive account maintenance charges described in the Account Activity section of this Creator Awards Program, unless you take the proper steps to restore your profile account to active status.
You will forfeit any unredeemed Display Dollar awards if: (i) you terminate your account on the Display Social platform; (ii) your account is determined to be inactive as defined below in the section entitled “Account Activity,” or (iii) you do not reach the minimum redemption amount of Display Dollar awards in any 18-month period starting on the date you registered on the Display Social Platform. We will endeavor to provide you notice before Display Dollar awards are forfeited. In addition, you may also forfeit your unredeemed Display Dollar awards without notice if you seriously or repeatedly violate our Terms of Service or other policies, infringe other people's intellectual property rights, create risk or possible legal exposure for us, or violate law.
Gift Cards and Charitable Donations
We may offer gift cards as a redemption option for your Display Dollar award. The minimum gift card amount will determined by us from time to time in our sole discretion. The minimum gift card amount will initially be 25 Display Dollar awards, subject to adjustment upward or downward. Gift cards are subject to the terms and conditions of the gift card processor. Gift cards are also subject to issuance fees. We are not responsible for lost or stolen gift cards.
We may also offer you the opportunity to donate all or a portion of your account to a charity. The donation amount will determined by us from time to time in our sole discretion. The minimum donation amount will initially be 25 Display Dollar awards, subject to adjustment upward or downward. Unless permissible by law, contributions made through the Display Social platform may not be tax-deductible by you.
We are not responsible for errors made by any company or organization we may use for processing gift cards or donations.
Transferring Display Dollar Awards to Other Users
We may offer the ability of users to transfer Display Dollar awards to other users on the Display Social Platform. If we do, transfers are subject to the terms and conditions established by us from time to time. Transfer between accounts are also subject to administrative fees determined by us from time to time.
Account Adjustments
In our sole discretion, we may deduct Display Dollar awards from your account to make adjustments for errors, returns, cancellations or other reasons we determine necessary. Any such adjustments will be made in accordance with our Terms of Service, this Creator Awards Program, any of our applicable policies and any and all applicable laws, rules and regulations. It is your responsibility to check your profile account regularly to ensure that your Display Dollar awards have been properly credited and paid and that your profile account balance is accurate. If you believe that your account is not correct, you must contact us within ninety (90) days of the error. In addition, we may make account adjustments that we, in our sole discretion, deem as fraudulent, abusive, suspicious or otherwise inconsistent with our Terms of Service, this Creator Awards Program, any of our other policies or any applicable law rule or regulation. If you believe that your adjustment is incorrect you may contact [Customer Care] and ask us to review your adjustment. We will review your account in good faith and make any adjustment we determine to be appropriate. All decisions are final. Should you disagree with any adjustments made to your account, your sole remedy is to delete your account on the Display Social platform.
Taxes
You may be taxed on your receipt of awards or other consideration for your participation on the Display Social platform depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with your participation on the Display Social platform.
Account Activity
An active Account means you must have engaged in one of the following activities within the past six (6) months: (i) updated your profile page, (ii) posted content to you profile page, (iii) have redeemed accrued Display Dollar awards or (iv) have logged in to your Display Social platform account. Except where prohibited by applicable law, if you have not engaged in one of the activities for more than six (6) consecutive months, we reserve the right to (i) deduct all Display Dollar awards in your account; (ii) reduce your Display Dollar award rate, (iii) charge additional fees to recover the cost of account maintenance and/or (iv) close your account with the Display Social platform and permanently cease to maintain your account records and eligibility for any further Display Dollar awards or other benefits.
Fraudulent Activity
If you register multiple user accounts with the same name, address, email address or other identifying feature, these accounts may be flagged as fraudulent. Any failure to comply with our Terms of Service, this Creator Awards Program or any of our other policies, any fraud or abuse relating to the accrual or receipt of Display Dollar awards or benefits, or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the termination of your account and forfeiture of any accrued Display Dollar awards and benefits. If we have any reason to suspect fraudulent activity is associated with your account, we reserve the right to delay or withhold Display Dollar awards and other benefits. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. All decisions are final. Should you disagree with any adjustments made to your account or Display Dollar award redemptions made to you, your sole remedy is to delete your account on the Display Social platform.
We reserve the right to investigate any activity, content posting, transactions, referral activity, or other interaction that we believe, in our sole discretion, is abusing or has abused our Terms of Service, this Creator Awards Program or any of our other policies, infringe other people's intellectual property rights, or we believe violates any applicable law, rule or regulation. We reserve the right to rescind any Display Dollar awards earned, bar further Display Dollar awards or other benefits and/or terminate your account on the Display Social platform that we believe, in our sole discretion, violates our Terms of Service, this Creator Awards Program or any of our other policies, infringe other people's intellectual property rights, or we believe violates any applicable law, rule or regulation, including by engaging in a pattern of abusive or fraudulent activity or by creating multiple user profiles on the Display Social platform.
Other Exclusions
As a condition of earning Display Dollar award or other benefits, you must: (i) establish and maintain an active account as defined above in the section entitled “Account Activity”; (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your account; (iv) provide your physical address and/or your valid PayPal email address for receiving award; (v) be at least 18 years of age; and (vi) provide any other information requested. A single PayPal email address cannot be connected to multiple the Display Social platform user accounts.
Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for redeeming Display Dollar awards.
We reserve the right to withhold, deny or cancel any Display Dollar awards or other benefits, and/or terminate your account, if we, in our sole discretion, deem any activity or rewards as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with our Terms of Service, this Creator Awards Program or any of our other policies, infringe other people's intellectual property rights, or we believe violates any applicable law, rule or regulation. If you believe that our determination is incorrect you may contact [Customer Care] and ask us to review your account. We will review your account in good faith and make any adjustment we determine to be appropriate. All decisions are final. Should you disagree with any adjustments made to your account or Display Dollar award redemptions made to you, your sole remedy is to delete your account on the Display Social platform.
Amounts in your account are not transferrable to others, whether by gift, bequeath or otherwise, and you may not enter into any type of arrangement with a third party where that third party receives amounts you have earned. In addition, we reserve the right to withhold, deny or cancel any Display Dollar awards or other benefits remaining in your account at the time of your death.
Updating This Creator Awards Program
We may change this Creator Awards Program at any time. Unless otherwise required by law, we will notify you (for example, through the Display Social platform) at least 10 days before we make changes to your Display Dollar award rate and give you an opportunity to review them before they go into effect. You can delete your account if you do not want to agree to the updated Display Dollar award rates. However, if you continue to use the Display Social platform once the updates take effect, you will be bound by the updated Display Dollar award rates.
DISPLAY APP TRIVIA CONTEST OFFICIAL RULES
Posted: June 3, 2022;
Last Updated and Effective: July 5, 2022
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS TRIVIA CONTEST (“CONTEST”). THIS CONTEST IS VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
ENTRY VIA DISPLAY APP ONLY. A DISPLAY ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. THE DISPLAY APP'S PRIVACY NOTICE APPLIES TO OUR USE OF YOUR INFORMATION.
BY ENTERING THE CONTEST, YOU (“PARTICIPANT”) AGREE TO THESE OFFICIAL RULES (THE “OFFICIAL RULES”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE DISPLAY FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Eligibility: The Contest sponsored by Display is open only to Participants who are legal residents of any of the United States, the District of Columbia, or the United Kingdom who are at least sixteen (16) years of age and the age of majority in their state or country of residence on the date of entry and who have an eligible Display App account. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of sponsors, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Contest Entities”) are not eligible. For the purposes of the Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
Notice to all international entrants: As stated above, it is your responsibility to comply with the Contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding Contests that may prevent Display from awarding your winnings. If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any winnings at all from Display. By entering this Contest, you acknowledge the risks, and understand that you may win, but not be able to receive payment.
Contest Timing: The Contest will be hosted on Displaytv on the Display App at various times as determined solely by Display. Display will announce Contests through Displaytv and the Display App from time to time. It is your responsibility to monitor for announcements or the start of any Contest. Display reserves the right to cancel Contests, in our sole discretion, with no restrictions.
How To Play: Each Participant will have the ability to attempt to answer a sequence of questions correctly. Any Participant who answers each question correctly will be a winner of the game (each, a “Winner”). If no Participant answers all questions correctly, then any Display may determine in their sole discretion that all Participant who answer a specified lesser number of questions correctly will be a Winner. There may be more than one Winner of any given Contest. If no Participant answers a sufficient number of questions correctly there may be no Winner at all.
Enter a Contest by completing each of the following steps:
Login to the Display App and navigate to Displaytv.
When the Contest begins, you will have a set amount of time to answer each question (this amount of time may vary between Contests).
Answer a sufficient number of questions correctly and you may be a Winner.
If you are a Winner, follow the prompts and directions to be eligible for your winnings.
Odds of Winning: The Contest is a skill-based game. Your odds of winning depends on number of eligible Participants and your ability to correctly answer the questions asked.
Prize: The Winners, upon providing the requested information and completion of all verifications and obligation requirements described in these Official Rules, will receive a cash prize, the amount of which will be determined in Display’s sole discretion and may vary between Contests. In a “split” Winner format, each Winner will receive their pro rata portion of the total winnings for that Contest. If there is one Winner, that Participant will receive the entire winnings. If there are multiple Winners, the winnings will be split evenly among all Winners. In a “flat” Prize format, each Winner will receive a fixed amount (e.g. $25 per Winner).
Verification: Display will only issue winnings and any accompanying tax forms to the individual identified in the account information for the Winner. Display will use your account information to contact and verify Winners. Out of date or incorrect account information at the time you enter a Contest may disqualify you from being a Winner. Failure to provide valid, working contact information in connection with your account may result in termination of that account and forfeiture of any winnings awarded. Winnings may take up to five (5) business days or more to be delivered.
All Winners must be in compliance with the Display Terms ofService, Creator Awards Program Terms and all other Display policies. Display expressly reserves the right to disqualify any Participant or Winner that it believes in good faith is generated by an automated means or scripts, consists of cheating or fraudulent play, or that violates any of these Official Rules or Display’s Terms of Service, Creator Awards Program Terms and all other Display policies. Participation generated by script, macro or other automated means are void. Display reserves the right to disqualify any Participant for any reason at its sole discretion.
Decisions of Display are final and binding with respect to all matters related to the Contest. In no event shall Display be obligated to award any prizes other than the winnings specified in these Official Rules or the Contest. Display does not guarantee that the winnings can be made available to any Winner. The winnings are not assignable and not transferable, and no substitutions are permitted. In addition, if the winnings are unable to be fulfilled to the Winner due to any applicable law, rule or regulation, or if the Winner cannot claim the winnings for any reason, then Display reserves the right to not award the winnings at all. The Winner shall be responsible and liable for all federal, state and local taxes on the value of the winnings. Winners shall provide Display with accurate information regarding their identity and state or country of residence.
Publicity: Winning constitutes permission (except where prohibited by law) to use Winner’s name, images, hometown, likeness, prize won, and photograph (all at Display’s discretion) for publicity or future marketing purposes in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.
Conduct Rules: Participants must play by themselves, and may not communicate with, work with, or otherwise benefit from others while participating in a Contest. Participants must answer questions based on their personal knowledge and not use third party research tools (online or otherwise) to derive correct answers.
Unspecified Rules: All Contest details not specified in these Official Rules will be determined in Display’s sole discretion. Display is not responsible for and will not replace any lost or stolen winnings or any winnings that are undeliverable or do not reach the Winner because of incorrect or changed contact information. Display is not responsible for any inability of the Winner to accept or use any winnings (or portion thereof) for any reason. No transfers or substitutions will be made, except at Display’s sole discretion. Participants waive the right to assert as a cost of winning any Contest, any and all costs of verification and redemption to claim or use winnings and any liability and publicity which might arise from claiming, seeking to claim, or using any winnings.
Taxes: Winners, not Display, are responsible for filing and paying applicable state and federal taxes on any winnings. Display does not provide tax advice, nor should any statements in these Official Rules or on the Contest be construed as tax advice.
Winners may be required to provide updated address and social security (or other tax identification number) details to Display. These details will be used to allow Display to comply with tax regulations and may be shared with appropriate tax authorities. You must provide accurate and complete information. If you provide any information that is inaccurate, not current or incomplete, or Display has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Display may disqualify you from Contests, revoke winnings, and/or terminate your Display App account in its sole discretion.
Hosts: The views and opinions of our hosts on Displaytv are their own and not necessarily representative of the views and opinions of Display or its employees, and Display assumes no responsibility for the content, accuracy, or views of or opinions expressed by such hosts.
Limitation of Liability: The Releasees (as defined below in Indemnification) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Contest participation attempts, e-mail, mail, Contest-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the mailing or transmission of notification or correspondence, the processing of Contest participation, the announcement of any prize or in any Contest related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; or (h) lost or unavailable network connections. Display is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Player’s email account. Display is not responsible, and may disqualify Participant, if his or her email address, telephone, or other contact information does not work or if it is changed without Participant giving prior written notice to Display.
INDEMNIFICATION: AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH PARTICIPANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS DISPLAY, CONTEST ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY WINNINGS, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE WINNINGS. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DISPUTES AND GOVERNING LAW: BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN PLAYER AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PLAYER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PLAYER IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in New York County, New York, and each entrant accepts and submits to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising from or relating to this Contest or these Official Rules.
General Rules: Display’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Display’s decisions will be final in all matters relating to the Contest, Display reserves the right to restrict or void participation from any IP address if any suspicious activity and/or participation is detected. Display reserves the right, in its sole discretion, to void participation of any Participants who Display believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Display’s sole discretion. Participants waive any right to claim ambiguity in the Contest or these Official Rules. If Display determines at any time in its sole discretion that Participant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Display deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Display reserves the right in its sole discretion to select an alternate Winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Contest is not capable of running as planned for any reason, Display reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Display. Each potential Winner may be required to provide Display with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Display’s satisfaction, the Participant and individual(s) may be deemed ineligible in Display’s sole discretion.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, DISPLAY MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.