Terms and Conditions
Last Updated: July 2023
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION PROVISION, SECTION 10, BELOW.
These terms and conditions (“Terms”) define the relationship between Lil Melonz, LLC and any person (“You”, “User”) interacting with:
(i) Websites owned and operated by Lil Melonz, LLC;
(ii) Social media accounts or pages operated by Lil Melonz, LLC;
(iii) Lil Melonz, LLC operated smart contracts on the Ethereum network; or
(iv) Any and all Lil Melonz, LLC operated services.
Additionally, these terms and conditions define the relationship between Lil Melonz, LLC and any person who maintains ownership of any Lil Melonz NFTs (“owners”).
1. Parties; Effective Date.
These “Terms of Service” (“Agreement” or “Terms”) are between Lil Melonz, LLC, a corporation organized under the laws of the State of North Carolina and the person accepting these Terms (“User” or “You”). It is effective on the date You “Accept” these Terms electronically.
2. Purpose of Agreement; Site.
Lil Melonz, LLC provides fans of art, film, stories, designs, characters, sports, brands, entertainment, games, and culture (collectively, “Content”) an opportunity to buy, collect, trade, gift, and re-sell non-fungible tokens (“NFTs” or “Tokens,” described below). These Tokens connect to media files, including audio, video, and images, that contain Content, or that enable the purchaser to participate in certain opportunities through Passes (described in Section 10, below). In some cases, Users may access products offered by Lil Melonz, LLC through various web sites and platforms owned or controlled by Lil Melonz, LLC, or managed by Lil Melonz, LLC for licensors of Lil Melonz, LLC’s NFTs (collectively, “Sites”). These Terms apply to all NFTs sold by Lil Melonz, LLC through any of its Sites, and also apply to other activities taking place on the Sites, such as the purchase of digital goods, purchase of passes; online games, contests, giveaways, promotions, rewards, challenges, sweepstakes, forums, events, and visits to the metaverse; engaging with cryptocurrency, and other services offered by Lil Melonz, LLC now and in the future (collectively, “Services”). To receive some Services, Users may be required to review and agree to additional terms of use, and Codes of Conduct.
With respect to Tokens purchased from Lil Melonz, LLC that relate to Content licensed to Lil Melonz, LLC by a Licensor, in the event of any conflict between these Terms and Licensor Terms, the provisions of Licensor Terms shall control.
Lil Melonz NFTs Defined:
“Lil Melonz NFT(s)” refers to a collection of digital artworks running on the Ethereum blockchain.
3. Responsibility of Ownership.
Owners recognize that they are solely responsible for the security of their Lil Melonz NFTs, as well as the safety, protection, and management of their Ethereum wallets, which includes any associated passwords, seed phrases, seed words, or private keys. Lil Melonz, LLC, shall not, in any event whatsoever, be held responsible for any risk associated with yours or another’s access and/or use of your Ethereum wallet whether through the interaction of a Lil Melonz, LLC operated service or otherwise. In the unfortunate event that your Lil Melonz NFT is lost, stolen, transferred, or otherwise remains inaccessible, Lil Melonz, LLC cannot retrieve it for you.
1) Ownership:
By purchasing or lawfully receiving a Lil Melonz NFT, whether through a Lil Melonz, LLC operated website, or third-party website, and maintaining verifiable ownership of the Ethereum wallet in which the Lil Melonz NFT is associated you own the Lil Melonz NFT, as well as the Art, subject to the definitions and exceptions listed in our licensing agreement.
2) Obligations:
As a holder/collector of Lil Melonz NFT you are solely responsible for your own conduct while accessing or Lil Melonz, LLC’s Site and for any consequences thereof. You agree to use the Site, social medias, and digital assets only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to:
(i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent,
hateful, violent, obscene, or otherwise objectionable content;
(ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a
destructive or deceptive nature;
(iii) impersonate another person;
(iv) upload, post, transmit or otherwise make available through the Site any content that infringes the
intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v)
engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi)
interfere with other users’ use of the Site;
(vii) use the Site for any unauthorized commercial purpose;
(viii) modify, adapt, translate, or reverse engineer any portion of the Site;
(ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or
any part of it;
(x) use any technology to collect information about the Site’s for any unauthorized purpose;
(xi) access or use the Site for the purpose of creating a product or service that is competitive with any of
our products or services.
If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account.
4. Fees and Payment
A. If you elect to purchase a Lil Melonz NFT, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into, or control over these payments or transactions. By consequence we do not have the ability to reverse any of these transactions. We will have no liability to you, or to any other third party, for any claims or damages that may arise as the result of any transactions that you engage on, or any other transactions that you conduct via the Ethereum network.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The ‘Gas Fee’ funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
5. Disclaimers
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED
WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR
SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
(II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE,
(IV) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
(V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
6. Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
7. Risk Assumption
You accept and acknowledge each of the following:
A. To the extent that you sell your Lil Melonz NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs and impact the price of your Lil Melonz NFT both positively and negatively. Given the volatility, NFTs such as Lil Melonz should not be considered an investment. You assume all risks in that connection.
B. Ownership of a Lil Melonz NFT confers ownership of digital artwork only. Accordingly, no information on this Site (or any other documents mentioned therein) is or may be considered advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this Site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities, or other financial products. Due to the artistic nature of the project, Lil Melonz, LLC has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Lil Melonz NFT and the associated art is compliant with laws and regulations in your jurisdiction.
C. You assume all 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 wallet.
D. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Lil Melonz NFT. You understand and accept all risk in that regard.
E. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
7. Indemnification
You agree to hold harmless and indemnify Lil Melonz and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of
the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.
8. Changes to the Terms and Conditions
We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.
9. Children
Our Site is not intended for children. You must be at least 18 years old to access this Site or purchase a Lil Melonz NFT. If you are under 18 years old, you are not permitted to use this Site for any reason. By accessing the Site, you represent and warrant that you are at least 18 years of age.
10. Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Site, or to any products sold or distributed through the Site, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be New York, New York. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
11. Data.
Lil Melonz, LLC owns all data generated through use of the Site and the purchase of Tokens and other Services that relate to Lil Melonz, LLC product offerings (“Data”). Lil Melonz, LLC may use Data (a) to process transactions at the Site and in connection with this Agreement and to otherwise implement this Agreement; (b) investigate and verify proper conduct at the Site and to monitor the security and integrity of the Site; (c) as required by law and/or in response to service of legal process, such as a court order, summons, subpoena, and the like; (d) to enhance the User experience at the Site, to understand how the Site is used, to communicate with its Users about Lil Melonz, LLC and the Site, and to analyze, develop, and promote its business; (e) to communicate with User about the Token, the Site, and this Agreement. The authorization set forth in this section is irrevocable, royalty-free, worldwide, and transferable.
12. LIMITED AND AS-IS WARRANTY; Exclusive Remedy.
Lil Melonz, LLC represents and warrants that it has the right to sell the Tokens offered through the Site in accordance with all terms of this Agreement, and that the Tokens sold to User shall conform to their written descriptions. User has ten (10) days after purchase of a Token to review the Token and ensure compliance with its applicable description. If User determines that a Token fails to conform, it shall notify Lil Melonz, LLC in writing promptly, but in no event after such ten-day time period, after which the sale of the Token is irrevocable. In the event of a nonconforming Token, Lil Melonz, LLC shall repair or replace the Token with a conforming Token or, in its discretion, refund the purchase price of the Token. The foregoing is the sole and exclusive remedy available to User in the event of its purchase of nonconforming Tokens. Otherwise, Lil Melonz, LLC provides, and User accepts the Site and the Tokens “AS IS,” WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. By way of example, Lil Melonz, LLC does not represent or warrant that the Content will be accessible on sites not hosted by Lil Melonz, LLC.
13. Limitation of Liability for Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RECUR BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION LOSSES, OR LOSS OF DATA, RESULTING FROM THIS AGREEMENT, ACTIVITY AT THE SITE, OR ACTIONS BY THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT RECUR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIRECT DAMAGES ARE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE PAID BY USER TO LIL MELONZ, LLC FOR THE TOKEN THAT IS THE SUBJECT OF ANY USER CLAIM. As used in this section, “Lil Melonz, LLC” includes Lil Melonz, LLC and its Licensors, and their officers, directors, members, employees, contractors, agents, affiliates, related business entities, successors, and assigns.
14. Integrity of the Site.
Integrity of the Site. User shall not take any action to interfere with the operation of the Site, attempt to copy its underlying technology, upload other computer programs or files, or copy Content. User agrees not to use any automated software (crawlers, robots, bots, spiders, extractors, etc.) at the Site except as expressly set forth below. User agrees not to circumvent, disable, or otherwise interfere with security-related features or digital rights management functions at the Site or in connection with the Token; or hack, reverse engineer, or disable any technology at the Site or relating to the Token.
Prohibited Conduct. User shall not take any action to interfere with the operation of the Site, attempt to copy its underlying technology, upload other computer programs or files, or copy Content. User agrees not to circumvent, disable, or otherwise interfere with security-related features or digital rights management functions at the Site or in connection with the Token; or hack, reverse engineer, or disable any technology at the Site or relating to the Token. Notwithstanding certain limited uses of automated software, below, User shall not use automated software to (a) install any software at the Site, including malware and any other type of software identified in the software community or by Lil Melonz, LLC as malicious, nefarious, harmful, or unauthorized; (b) alter the functionality at the Site; (c) spam or otherwise send unsolicited messages; (d) engage in any attacks at the Site, the Tokens, the NFTs, or any Lil Melonz, LLC technology, including DDOS attacks; (f) take over the Site or any function at the Site; (g) circumvent any limitations, rules, requirements, and/or restrictions at the Site (by way of example, transaction limits, account limits, geographic restrictions, age restrictions; (h) access, collect, disseminate, disclose, or use personal information of others; (i) interfere with the use of the Site by Users; (I) interfere with accounts of Users; (j) harm Users, Lil Melonz, LLC, or its licensors and strategic partners; and/or (k) exercise any of the “limited authorized use of automated software” below in a manner that would violate any prohibition, above. To be clear, it is not possible to list all unauthorized uses of automated software, or all prohibited conduct. Users shall use the Site only with the highest standards of ethical conduct. In no case shall User copy, adapt, distribute, sell, or post images, video, or audio owned by third parties and licensed to Lil Melonz, LLC in connection with NFTs.
Limited Authorized Use of Automated Software. Except as set forth in this paragraph below, User agrees not to use any software application that automates tasks intended to emulate lawful and authorized conduct at Sites owned or operated by Lil Melonz, LLC (“Automated Software”). Lil Melonz, LLC authorizes Users to use Automated Software for the following tasks already authorized by Lil Melonz, LLC at the Site: (a) create alerts for User; (b) access data that is published by Lil Melonz, LLC at the Site; (c) make purchases; (d) make listings; and (e) participate in gameplay. Lil Melonz, LLC authorize these limited uses solely at the URLs identified by Lil Melonz, LLC.
Changes to Prohibited Conduct and Authorized Conduct. Lil Melonz, LLC may unilaterally amend the terms of this Section at any time and for any reason, and may do so by, for example, amending these Terms and Conditions, disabling the Automated Software, changing its application programming interface, and/or by posting restrictions and authorized uses at any of the URLs.
15. Site Accessibility.
Lil Melonz, LLC may use third parties for services relating to the technology used to receive, store, and transmit data (such as server operations, hosting, maintenance, support, upgrading, and repair). Servers relating to the functioning of the Site may occasionally be inaccessible due to repair, maintenance, upgrades, power sources, and other factors. Information transmitted by Users may be sent over an unsecured connection to an email service provider. If You have technical problems with any Site or with access to the Token, or other issues regarding user experience, please contact Lil Melonz, LLC at team@lilmelonz.com.
16. Suspension of Services.
Lil Melonz, LLC may suspend or terminate User access to the Site, access to Content, use of Tokens, and/or access to Service, in any of the following circumstances: (a) response to legal process, (b) investigation of conduct that is inconsistent with User obligations under this Agreement, (c) new Laws relating to NFTs, (d) termination of rights by Lil Melonz, LLC Licensors that affect rights previously granted, and (e) conduct of User that is alleged to be a violation of Law. Lil Melonz, LLC shall notify User in the event of such suspension/termination and shall provide information regarding resumption of access, when applicable.
17. User Responsibility.
User acknowledges that its account with Lil Melonz, LLC and its access to the Content and Tokens is based upon the truth of the promises, statements, and representations made in this Agreement. User is solely responsible for any costs, expenses, and damages arising from breaches of this Agreement or third-party assertions inconsistent with User promises, statements, representations, and warranties. This obligation survives termination of this Agreement. User agrees to use its best efforts to assist Lil Melonz, LLC in the investigation and resolution of any third-party claim or assertion inconsistent with User’s obligations under this Agreement, at no charge and promptly upon receipt of notice from Lil Melonz, LLC of such claim or assertion.
18. Third Party Wallet.
Lil Melonz, LLC may engage third parties to provide Users with financial payment capabilities using both traditional and digital currencies (“Wallet Services”).
a. User may apply for their personal Wallet Services account and must accept and comply with the third party’s terms of service. User may, through User’s account on a Site, load traditional or digital currency to check a current balance at, or withdraw traditional or digital currency from User’s Wallet Services Account. Lil Melonz, LLC may share User’s Data with the third-party payment processor or request User’s Data from the third-party payment processor to enable User’s use of Wallet Services on a Site. All fees related to User’s use of Wallet Services and a Wallet Services Account, such as ACH transfer fees or credit card processing fees, are the responsibility of User.
b. All Wallet Services are provided by the payment processor and all transactions involving Wallet Services are between User and the payment processor. User alone has control of and responsibility for transactions related to the Wallet Services. Lil Melonz, LLC does not provide either Wallet Services or the Wallet Services Account. Lil Melonz, LLC does not handle payment capabilities, including payment processing, the holding or withdrawal of traditional or digital currencies, refunds, or returns. Lil Melonz, LLC makes no representations as to the third-party payment processor’s fulfillment of services related to the Wallet Services Account, including completing purchases or sales on a Site using Wallet Services. Lil Melonz, LLC has no liability to User for Wallet Services.
19. Regulatory Status.
Lil Melonz, LLC is not a bank. It is not a money services business, is not registered as such with the U.S. Department of the Treasury Financial Crimes Enforcement Network (“FinCEN”) or Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”), and is not registered as a money transmitter under any state law. NFTs hosted on a Site are not insured by the Federal Deposit Insurance Corporation of the United States.
20. The Site and Performance of Agreement.
This Agreement is entered into, performed in, and based in North Carolina, USA. Neither the Site nor this Agreement gives rise to personal jurisdiction over Lil Melonz, LLC, either specific or general, in jurisdictions other than North Carolina. This Agreement shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Without limitation, neither the conduct of Lil Melonz, LLC nor Users in connection with this Agreement, nor the terms of this Agreement, are affected by Laws outside of the State of North Carolina or the federal laws of the United States of America.
21. Notices; Electronic Communications.
Lil Melonz, LLC may provide User with notices, including those regarding changes to this Agreement, by email using the information provided by User in its account, or by postings to the Site. Notice is deemed given upon the earlier of (a) actual receipt, (b) twenty-four (24) hours after an email is sent, or (c) ten (10) calendar days after a notice is posted to the Site. User stipulates to electronic communications as the sole method of notice and communications, including service of legal process. During the term of this Agreement, it is possible that the purchase, sale, use, and transfer of ownership of Tokens may become subject to one or more Laws not in effect as of the Effective Date, or a change in the ownership of intellectual property rights of Lil Melonz, LLC’s Licensors relevant to Tokens. Such new Laws, if any, or change of ownership, may fundamentally alter the power of Lil Melonz, LLC to grant the rights above or the exercise of such rights by User. In such case, Lil Melonz, LLC shall update its terms of service and notify User electronically of any amendment to this Agreement.
You may contact Lil Melonz, LLC at (Lil Melonz, LLC may update its contact information in accordance with the terms for modification of this Agreement):
Email: team@lilmelonz.com
22. SMS/Text Messages.
By providing Your mobile/cellular phone number to Lil Melonz, LLC, whether at sign-up or when updating Your contact information, You agree to receive text (SMS) messages from Lil Melonz, LLC. Lil Melonz, LLC will send text messages related to authorization of access to Your account and to promotions related to the Site. Message frequency will vary. Consent to receive promotional text messages is not a condition of access to Lil Melonz, LLC’s services. Your wireless carrier’s standard messaging rates apply to all text messages received and sent, including any downloading of content. All charges are billed by and payable to Your wireless carrier.
a. You represent that You are the owner or authorized user of the phone number You provide to Lil Melonz, LLC and the wireless device You use to subscribe to Lil Melonz, LLC’s services. You represent that the information You provide is accurate and complete. You represent that You are authorized to approve the applicable charges.
b. Data obtained from You in connection with this SMS service may include Your mobile phone number, Your carrier’s name, and the date, time, and content of Your messages and other information that You may provide. We may use this information to contact You and to provide the services You request from us, and to otherwise operate, develop, and improve Lil Melonz, LLC’s services. Your wireless carrier and other service providers may also collect data from Your SMS usage, and their practices are governed by their own policies. We may disclose information in compliance with legal process, investigations, or governmental request; to avoid liability, to protect our rights, the rights of our Users, or the intellectual property rights of our licensors.
c. Lil Melonz, LLC is not liable for any delays or failures in Your receipt of any messages, as delivery is subject to effective transmission from Your network operator and processing by Your mobile device. Lil Melonz, LLC provides text message services on an AS IS, AS AVAILABLE basis. Lil Melonz, LLC reserves the right to alter the terms applicable to text messages from time to time. Lil Melonz, LLC may suspend or terminate the text message service if it believes You are in breach of the terms and conditions. The text message service is also subject to termination in the event Your wireless service terminates or lapses. Lil Melonz, LLC may discontinue this service at any time.
23. Shortened Statute of Limitations.
Any claim under this Agreement Token must be brought within one (1) year of the purchase of the Token that is the subject of such claim; all other claims must be brought no later than two (2) years after on the date User knew or should have known about the facts giving rise to the claim.
24. Entire Agreement.
This Agreement incorporates by reference all terms appearing at the links identified in this Agreement. The Agreement may be updated and modified by Lil Melonz, LLC from time to time. Those modifications are incorporated as part of the Agreement. User will be notified of significant modifications when it accesses its account or the Site. If User does not accept the modifications to the Agreement, its sole remedy is to conclude its use of the Site. Provisions which, by their nature, are intended to survive termination shall continue, by way of example, exclusive remedy, shortened statute of limitation, indemnification, and limitation of liability for damages. As used in this Agreement, “Law” means applicable federal, state, and local statutes, regulations, ordinances, executive orders, and civil laws applicable to this Agreement and the conduct of each party.
25. Links to Third Parties.
At sites and platforms owned or under the control of Lil Melonz, LLC, Users may be offered the opportunity to purchase goods and/or services from third parties (by way of example, physical goods offered by a manufacturer other than Lil Melonz, LLC) and to engage in activities at those other links and on those other platforms. Lil Melonz, LLC is not responsible for the terms of use of such other site, or the goods/services purchased from third parties, or the User experience at such sites.
26. Force Majeure.
It shall not be a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; pandemic; or any other cause not within the control of such party whose performance is delayed.
27. Additional General Terms.
No waiver by Lil Melonz, LLC shall be implied. A waiver must be in writing and signed by an officer of Lil Melonz, LLC. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intent set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect. Lil Melonz, LLC may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. User represents they have the legal power to enter into this Agreement. These Terms are binding upon the heirs, personal representatives, successors, and assigns of User.
ACCEPTANCE OF TERMS: User accepts these terms by using the site, by opening an account, or by any other means specified by Lil Melonz, LLC to which User assents.