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Terms
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Terms

Terms of Use

These Terms of Use (“Terms”) govern your purchase, sale, staking, display, or other interactions (“Actions”) with digital assets, including non-fungible tokens (NFTs), $NATIVE tokens, and other assets related to Glitch City: Glitch Mob (collectively, “Assets”). These Terms are an agreement between you and Hobo Fight Club (“Company,” “we,” or “us”). By accessing or using our sites, including any related platforms, services, or social media (“Sites”), you agree to comply with these Terms and any other documents referenced herein (e.g., Privacy Policy, White Paper).

1. Acceptance of Terms

By using or interacting with Assets or Services, you acknowledge that these Terms govern your rights and responsibilities. If you do not agree to these Terms, you must not use the Sites. The Company serves as a facilitator for transactions between buyers and sellers but is not responsible for the ownership, transfer, or maintenance of Assets once acquired. All digital assets are managed via blockchain, primarily on the Ethereum network, and we are not liable for storage or security issues arising from third-party cryptocurrency wallets. By connecting your wallet (e.g., via MetaMask or WalletConnect), you accept these Terms.

2. Wallet Responsibility

When connecting a cryptocurrency wallet, you are solely responsible for maintaining its security and any credentials associated with it. The Company is not liable for unauthorized access, loss, or theft related to your wallet. Please contact us immediately if suspicious activity is detected.

3. Ownership & Intellectual Property

Unless otherwise stated, all content on the Sites, including logos, graphics, and data (“Site Content”), are the property of the Company or its licensors. The Glitch Mob logo and related trademarks may not be used without prior written permission. You are prohibited from reproducing, distributing, or modifying any Site Content without authorization.

4. Transactions & Royalties

If you are the initial purchaser of an NFT, payments are due to the Company. For any subsequent sales of NFTs, the Company will receive a 6% royalty, which must be disclosed in any resale listing. You are responsible for all fees related to transactions and agree to pay them as displayed before completing the sale.

5. Limited NFT License

Purchasers of Glitch City: Glitch Mob NFTs are granted a limited, non-commercial license for personal use. You may not use the NFT for commercial purposes or publicly display it without the Company’s explicit consent. Any misuse or unauthorized exploitation may result in legal action.

6. Taxes

You are solely responsible for any taxes related to your transactions on the Sites. We are not liable for determining or collecting taxes on your behalf.

7. Risk Acknowledgment

The value and market for digital assets, including NFTs and $NATIVE tokens, can fluctuate unpredictably. Legislative or regulatory changes may affect the usage or value of these assets. Transactions may be irreversible, and assets could become worthless if the market ceases to exist. You assume full responsibility for evaluating the risks involved.

8. Disclaimers

The Sites and Assets are provided on an “as is” and “as available” basis, without warranties of any kind. We do not guarantee uninterrupted access or the security of your data or assets. The Company is not liable for any loss, theft, or damage resulting from your use of the Sites, Services, or Assets, including user errors, server failures, or unauthorized access to your cryptocurrency wallet.

9. Limitation of Liability

In no event will the Company be liable for any lost profits, damages, or claims arising from the use of the Sites, Assets, or Services. Any liability is limited to the greater of $100 or the amount you have paid to the Company in the last 12 months.

10. Indemnification

You agree to indemnify and hold the Company harmless from any claims, damages, or liabilities arising from your use of the Sites, Services, or Assets.

11. Governing Law & Arbitration

These Terms are governed by the laws of the State of Wyoming, and any disputes must be resolved through binding arbitration as outlined in Section 13. By accepting these Terms, you waive the right to a jury trial or to participate in a class-action lawsuit.

12. Modification of Terms

We reserve the right to modify these Terms at any time. Your continued use of the Sites after changes are made constitutes acceptance of the revised Terms. Please review these Terms periodically.

Privacy Policy

This Privacy Policy governs how Hobo Fight Club collects, uses, and protects your personal information when you interact with the Sites and Company Products. By accessing the Sites, you consent to the collection and use of your information as outlined in this policy.

1. Information We Collect
We collect personal and non-personal information to provide and improve our services. This includes:

  • Personal Information: Such as your name, email, shipping address, and cryptocurrency wallet address.
  • Usage Data: Information about how you interact with the Sites (e.g., pages visited, time spent, transactions made).

2. Use of Information
We use the information collected for the following purposes:

  • To facilitate purchases, transactions, and the delivery of digital and physical products.
  • To enhance user experience, improve our offerings, and communicate updates about Glitch City: Glitch Mob.
  • To ensure security and comply with legal obligations.

3. Sharing of Information
We do not sell your personal information. However, we may share your data with trusted third-party service providers (e.g., payment processors, hosting platforms) to assist in delivering our services. We may also share data when required by law or for security purposes.

4. Cookies and Tracking
We use cookies to track usage data and improve user experience. You can manage cookie settings in your browser, but this may limit certain features of the Sites.

5. Data Security
We employ reasonable security measures to protect your personal information. However, no method of online transmission is completely secure, and we cannot guarantee the absolute security of your data.

6. Data Retention
We retain personal information only for as long as necessary to fulfill the purposes outlined in this policy, or as required by law.

7. Your Rights
You have the right to access, correct, or request the deletion of your personal information. Contact us at contact@glịtch.com to exercise these rights.

8. Children’s Privacy
Our Sites are not intended for individuals under the age of 18, and we do not knowingly collect information from minors.

9. International Data Transfers
As a global project, your personal data may be transferred to and processed in countries other than your country of residence. By using our Sites, you consent to such transfers.

10. Changes to This Policy
We may update this policy from time to time. Your continued use of the Sites after changes are posted constitutes acceptance of the updated policy.

11. Contact Information
If you have any questions or concerns about this Privacy Policy, please contact us at:
Hobo Fight Club (HFC)
Email: contact@glịtch.com

Glitch City NFT License Agreement

Last Revised on 4-12-24

This Glitch City NFT License Agreement (the “License”) is a legally binding agreement entered into between Hobo Fight Club (“HFC”) and you. When you acquire a Glitch City NFT, you own all personal property rights to the token underlying the Glitch City NFT (e.g., the right to freely sell, transfer, or otherwise dispose of that Glitch City NFT), but you do not own the associated artwork, brand, or other intellectual property associated with that Glitch City NFT, except for the specific licensed rights set forth below.

DEFINITIONS

“Glitch City NFT” means any Glitch City or Glitch Mob branded or themed NFT created by or on behalf of Hobo Fight Club.

“Glitch City NFT Art” means the artwork, image, or works of authorship associated with a specific Glitch City NFT.

“Glitch City Trademarks” means any and all logos, trademarks, service marks, and trade dress associated with Glitch City, glitchmob.xyz, glitchmob.wtf, the Glitch City NFTs, and Hobo Fight Club, including the “Glitch City” name, or any other names of Glitch City-related characters, locations, or products developed by us.

“Hobo Fight Club”, “us,” “we,” or “our” means Hobo Fight Club and/or its affiliates.

“Commercial Use” means any activity that is performed with the intent to generate revenue, such as the sale or transfer of items (including NFTs) on any marketplace, creating and selling merchandise, or creating a comic book, film, or video game.

“NFT” means any blockchain-tracked non-fungible token, including those complying with the ERC-721, ERC-1155, or other non-fungible token standards.

“you” or “your” means a lawful owner of a Glitch City NFT.

Capitalized terms used herein have the meanings set forth in this “Definitions” Section.

License Grant

Glitch City NFT Art License

For as long as you lawfully own your Glitch City NFT, and subject to your compliance with the terms of this License, we hereby grant you the following rights:

  1. A non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify, and create derivative works of the Glitch City NFT Art for your Glitch City NFT for personal, non-commercial use (such as displaying in your wallet, as a profile picture, or to create a pixel-art version for use in a third-party platform);
  2. A non-exclusive, worldwide, royalty-free, sub-licensable (but only to service providers assisting you with a Commercial Use) license to use, copy, reproduce, and display the Glitch City NFT Art for your Glitch City NFT for any Commercial Use. The license in this subsection (2) does not include a right to create derivative works of the Glitch City NFT Art except as necessary to adapt and depict the Glitch City NFT Art in or on the goods or media created pursuant to this license or as otherwise required in the “No Rights to Trademarks” Section below.

Which means, you can use your Glitch City NFT for Commercial Use, such as creating merchandise or including it in media projects like comics or games. You may not, however, use the Glitch City Trademarks without our explicit written permission.

Modifications and Derivative Works

We recognize that you might want to create modifications and derivative works of your Glitch City NFT Art, and we allow you to do so under the scope of the licenses granted above. However, you acknowledge and agree that Hobo Fight Club may also modify, create derivative works of, and update any Glitch City NFT Art and may create works of authorship similar or identical to your own adaptations, derivative works, and modifications of any Glitch City NFT Art.

No Rights to Trademarks

Nothing in this License will be interpreted to grant you any rights to any Glitch City Trademarks belonging to Hobo Fight Club. Without our written permission, you may not use any Glitch City Trademarks for any Commercial Use, including registering any domain names or social media accounts using any Glitch City Trademarks. This includes any Glitch City Trademarks that may be displayed or contained in any Glitch City NFT Art for your Glitch City NFT (and you will need to modify the Glitch City NFT Art to remove or obfuscate such Glitch City Trademarks before making any Commercial Use of such Glitch City NFT Art).

Transfer

The licenses granted above are non-transferable, except that if you sell or transfer your Glitch City NFT, you will no longer hold the foregoing licenses in the Glitch City NFT Art, and such license will transfer to the new owner of the Glitch City NFT associated with such Glitch City NFT Art. In connection with any sales, transfers, or similar transactions of the Glitch City NFTs, the transferee agrees that by purchasing, accepting, or otherwise acquiring the Glitch City NFT, they shall be deemed to accept the terms of this License.

Restrictions

Notwithstanding any of the above, you may not use the Glitch City NFT Art in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, or obscene activity, or that promotes any such activity.

Reservation of Rights

All rights in and to the Glitch City NFT Art and any other intellectual property of Hobo Fight Club not expressly licensed herein are hereby reserved by Hobo Fight Club.

Disclaimers, Limitations of Liability, and Indemnification

Disclaimers: YOUR ACCESS TO AND USE OF THE GLITCH CITY NFT AND GLITCH CITY NFT ART IS AT YOUR OWN RISK.

Limitations of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL HOBO FIGHT CLUB BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES.

Indemnification: By entering into this License and accessing or using the Glitch City NFTs or Glitch City NFT Art, you agree to indemnify and hold Hobo Fight Club harmless from and against any and all claims arising out of or in connection with your violation or breach of any term of this License or any applicable law or regulation.

Miscellaneous

If any provision of this License shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. This License is governed by the laws of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Deleware.