Terms & Conditions
Terms & Conditions
LAST UPDATED: SEPTEMBER 12, 2022
This website is operated by 77X, LLC (“77X”). Throughout the site, the terms “we”, “us” and “our” refer to 77X. 77X offers this website, including all information, tools and services available from this site to you on all subdomains, subscription platforms, social media platforms, and mobile applications (collectively, the “Site”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use our Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, or applications which are added to the current Site shall also be subject to the Terms unless we specify otherwise. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1. BASIC TERMS
By providing your email address on our Site, you agree to provide true, accurate, current, and complete information. You are responsible for maintaining the confidentiality of your information.
We do not knowingly market or sell products or services for purchase by children. You may use the Service only if you are at least 18 years of age and are not a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction. By using this Site and/or our Service, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Site or the Service.
You may not use the Service for any illegal or unauthorized purpose.
2. YOUR LICENSE TO USE THE SERVICE
77X gives you a personal, worldwide, royalty-free, revocable, non-sublicensable, non-assignable and non-exclusive license to use the Service (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by 77X, in the manner permitted by these Terms.
The rights to use the Service are licensed, not sold, to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, or make a derivative work from the software in the Service.
The intellectual property rights in all software and content (including videos, photographic images, and other graphics) made available to you on or through the Service are and shall remain the property of 77X and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 77X and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Service nor may you use any such content in connection with any business or commercial enterprise.
3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
The Service that 77X offers is always evolving, and their form and nature may change from time to time without prior notice to you. In addition, 77X may stop (permanently or temporarily) offering the Site or Service (in whole or in part) to you or to users generally, without any prior notice or liability to you.
5. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
6. THIRD-PARTY LINKS
Certain content available via our Service may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, revise, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us, and may grant sublicenses of these rights. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree and warrant that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree and warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
8. PERSONAL INFORMATION
9. PROHIBITED USES
In addition to other restrictions set forth in these Terms, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including but not limited to creating and using avatars or other images that infringe the copyrights or trademark rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 77X AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT THAT YOU HAVE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50).
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL 77X, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES ARE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by (a) providing us with written notice that you wish to terminate and (b) permanently ceasing all use of the Service. If you visit the Site or use the Service thereafter, the Terms will apply again.
In addition, your right to access and use the Site and Service will terminate if (a) you breach any of these Terms, or (b) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition in bankruptcy; or (c) you engage in any unlawful business practice related to the Digital Assets; (iv) you initiate any legal actions, except as specifically provided in Section 15, against any of 77X, and/or its officers, directors, affiliates, agents, attorneys and employees.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. All provisions that by their nature are intended to survive termination shall so survive.
14. ENTIRE AGREEMENT
No failure on the part of 77X to enforce any part of these Terms shall constitute a waiver of any of 77X’ rights under these terms, whether for part or future actions on the part of any person. Neither the receipt of any funds by 77X or the reliance of any person on 77X’ actions shall be deemed to constitute a waiver of any part of these Terms. Only specific, written waiver signed by an authorized representative of 77X shall have any legal effect whatsoever.
15. APPLICABLE LAW AND DISPUTES
These Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Delaware, without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to the Terms or the Service shall be resolved exclusively in the federal or state courts located in Wilmington, New Castle County, Delaware. You hereby irrevocably consent to personal jurisdiction, venue, and the exclusive jurisdiction of any such court over any such dispute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Service must be commenced within one (1) year after the claim or cause of action arises.
16. CHANGES TO TERMS OF SERVICE
From time to time, 77X may change these Terms in its sole discretion. Any such changes will apply only with respect to your access to the Site and Service, and not to the terms applicable to the Digital Assets. All such changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. It is our policy to post any changes we make to these Terms on this page with a notice on the Site’s home page. If we make material changes to these Terms, we will notify you through a notice on the Site’s home page. You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of changes to the Terms constitutes your acceptance of those changes.
17. CONTACT INFORMATION
Questions about these Terms should be sent to us at email@example.com, or you may contact us at
Corporation Trust Centre,
1209 Orange Street,
Wilmington, Delaware 19801
18. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
In accordance with the Digital Millennium Copyright Act, we respond to notices of alleged copyright infringement and terminate access to the Service for repeat infringers. If you believe that materials on our site infringe your copyright, please send the following information to the Copyright Agent named below:
i. your address, telephone number, and email address;
ii. a description of the work that you claim is being infringed;
iii. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
iv. a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
v. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
vi. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Corporation Trust Centre
1209 Orange Street
Wilmington, Delaware 19801
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
If we determine that you are a repeat infringer, we may terminate your access to the Service, remove or ban you (and any Site account you created or control), and take other action that we deem appropriate, in our sole discretion.