Last modified: August 08, 2024
Please read these BSMNT Terms of Service (the “Terms”) and our Privacy Policy (https://basement.fun/legal/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the website located at bsmnt.fun (the “Site”) and gaming platform, distribution, or other services accessible via the Site offered by NPC Labs, Inc (“NPC Labs,” “we” or “us”). To make these Terms easier to read, the Site and the services accessible via the Site are collectively called the “Services.”
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, A CITIZEN OF, IS LOCATED IN, IS INCORPORATED IN, OR HAS A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA OR ANY RESTRICTED TERRITORY, AS DEFINED BELOW (“RESTRICTED PERSON”).
IF YOU ARE A RESTRICTED PERSON, YOU SHALL NOT ATTEMPT TO USE THE SERVICES, WHETHER DIRECTLY OR BY USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH IN THESE TERMS.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND NPC LABS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 18 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 17 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information
Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion
Who May Use the Services? You may use the Services only if you are 18 years or older and capable of forming a binding contract with NPC Labs, and not otherwise barred from using the Services under applicable law
You represent and warrant that you will comply with all applicable laws when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory, or jurisdiction does not violate any applicable laws. You represent and warrant that you do not and shall not use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services or these Terms. We reserve the right, but have no obligation, to monitor the locations from which our Services are accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses, and unique device identifiers, or to any user who we believe is in breach of these Terms. In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers. For the purposes of these Terms, “Restricted Territory” means Belarus, Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any country to which we, in our sole discretion, believe may violate applicable law
Intellectual Property. NPC Labs and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. NPC Labs may make available through the Services content that is subject to intellectual property rights and we retain all rights to that content. We hereby grant you a limited, revocable, nontransferable, non-sublicensable license to access and use the Services as contemplated in these Terms. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it or allow others to use it without any restriction or compensation to you
Terms Specific to Certain Features. If you are using the Services to distribute interactive entertainment applications and all associated intellectual property, including game content and trademarks (collectively, a “Game”), you are a “Game Developer.” If you are using the Services to play Games, you are a “Player.”
To submit your Game to be published to the Services, you may follow the Game submission steps set forth on the Site. Each Game submission is subject to NPC Labs’ review and approval. You agree that NPC Labs, in its sole discretion, determines whether Game is eligible to be published through its Services. If NPC Labs determines in its sole discretion that a Game Developer is in violation with these Terms, we may, but are not obligated to, suspend or terminate a Game Developer’s use of the Service, including removal of Game Developer’s Game
You represent and warrant that (i) the Game will not infringe upon, violate, or misappropriate any Intellectual Property Rights, privacy rights, rights of publicity, or other right of any third party; (ii) all aspects of the Game will conform to the applicable descriptions, criteria, requirements, and standards described in or attached to the documentation or other materials describing the Game and generally perform without material error; (iii) the Game does not contain any hidden features or content, harmful code or mechanism, for example, viruses, or features that drain Players’ funds; (iv) the Game will comply with these Terms and all applicable law; (v) Game Developer and the Game are in compliance with all third party or open source licensing requirements; (vi) Game Developer will be solely responsible for rewards offered to Players within a Game, including the fulfillment of such distribution; (vii) the Game does not contain any open source software in any manner that could require, pursuant to the license applicable to such open source software, that the Game, the Service or other software or documentation incorporating or used with the Game be disclosed or distributed in source code form, be licensed for the purpose of making derivative works, or be redistributable at no charge
The Services provide Game Developers with access to APIs, SDKS, and other resources to enable Game Developer’s to launch, access support, and manage the distribution of its Game (collectively, “Developer Tools”). Subject to your compliance with these terms, NPC Labs hereby grants you a limited, non-transferable, non-sublicensable right to access and use the Developer Tools solely in connection with your publishing and distribution of your Game through the Services
NPC’s Labs approval or other comment on any Game does not constitute any waiver or limitation of your obligations or our rights under these Terms or applicable law
By publishing a Game through the Services, you hereby grant to NPC Labs a worldwide, non-exclusive, royalty-free, fully paid-up, license, with the right to sublicense through multiple tiers, to display and distribute the Game and Game Developer’s trademarks for the purpose of providing and promoting the Services
To access certain features of the Services, a Player will need a bsmnt.fun account. Players shall provide NPC Labs with accurate, complete and current account information and keep this information up to date. Each Player is responsible for all activities that occur under their account
Players may use the Services to mint nonfungible tokens (NFTs) that contain a license from the Game Developer to play a game published through the Services (a “Game NFT”). Players may also be able to accrue rewards which may be in the form of blockchain-based tokens or other blockchain-based entitlements through their interaction with a Game (“Rewards”) if the Developer provides this as a feature of their Game. To claim your Rewards or access a Game NFT, you must first link a digital wallet to your account by linking your digital wallet(s) on supported bridge extensions, which allows you to purchase, store, and engage in transactions using supported digital assets (a “Wallet”). If you do not have a Wallet, you may follow the steps within the Services to download a Wallet and connect the Wallet to the Services. Wallets are third-party products and we are not responsible in any manner for their performance or non-performance. Without limitation, you are solely responsible for maintaining the security of your Wallet, including any associated credentials, private key and seed phrase. The Company does not offer Wallet software or any other crypto assets. We are not liable for any acts or omissions by you in connection with your Wallet or as a result of any incident or vulnerability that impacts your Wallet
Players may receive Rewards through a referral program (the "Referral Program"). You agree that the Referral Program may be subject to additional terms
While the Services may be used in connection with payments and similar transactions to mint, receive, or distribute Rewards or Game NFTs(“Transactions”), we do not initiate or process Transactions. We do not bear any responsibility for any Transaction you engage in while making use of our Services. You bear the risk of all such Transactions and are solely responsible for your interactions with a Game
Except as expressly stated in these Terms, your interactions with a Game, including your access and use of a Game, are solely governed by the terms of the Game as set forth by a Game Developer. In connection you’re your interaction with a Game, you agree to comply with all requirements, including the payment of fees, set forth by a Game Developer and all third parties
Game Developers may require the payment of fees in connection with a Player’s interaction with a Game. As a Player, you agree to pay all fees associated with your interaction with Game
You agree to pay any applicable fees, including Gas Fees and hosting fees, in connection with transactions on the Site. “Gas Fees” mean the fees that fund the network of computers that run the decentralized blockchain network, meaning that you will need to pay a Gas Fee for each transaction that occurs via the blockchain network
You are solely responsible for all costs incurred by you in using the Services, and for determining, collecting, reporting, and paying all applicable Taxes that you may be required by law to collect and remit to any governmental or regulatory agencies. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other charges imposed by any federal, state, multinational or local governmental or regulatory authority. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law
Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services, including a Game, Game content, and Game NFT, is referred to as “User Content”. NPC Labs does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by NPC Labs on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
You can remove your User Content by specifically deleting it in the developer console. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content
You agree not to do any of the following
Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances
Use, display, mirror or frame the Services or any individual element within the Services, NPC Labs’ name, any NPC Labs trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without NPC Labs’ express written consent
Access, tamper with, or use non-public areas of the Services, NPC Labs’ computer systems, or the technical delivery systems of NPC Labs’ providers
Attempt to probe, scan, or test the vulnerability of any NPC Labs system or network or breach any security or authentication measures
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by NPC Labs or any of NPC Labs’ providers or any other third party (including another user) to protect the Services
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by NPC Labs or other generally available third-party web browsers
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission
Impersonate or misrepresent your affiliation with any person or entity
Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services)
Fabricate in any way any transaction or process related thereto
Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services, or that otherwise prevents us from correctly identifying the IP address and geographic location of the computer you are using to access the Services
Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity
###Violation of Law. Any applicable law or regulation or encourage or enable any other individual to do any of the foregoing
NPC Labs is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. NPC Labs respects copyright law and expects its users to do the same. It is NPC Labs’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see NPC Labs’ Copyright and IP Policy at (https://basement.fun/legal/copyright-policy), for further information
Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 12, 13, 15, 16, 17 and 18
Warranty Disclaimers. Warranty Disclaimers.
AS-IS. THE SERVICES RE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Node Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Node Software. THE USE OF THE SERVICES WILL NOT NECESSARILY YIELD A PARTICULAR OUTCOME, RETURN, OR RESULT
INHERERENT RISKS. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY
FORCE MAJEURE. THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA
NO LIABILITY FOR ERRORS OR ATTACKS. NPC LABS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, DIGITAL WALLETS, OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK
Indemnity. You will indemnify, defend (at our option), and hold NPC Labs and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content including, if you are a Developer, the Game, Game NFT, and Game content, or (c) your violation of these Terms. You will not settle claims subject to this Section 14 without NPC Labs’ prior written consent
EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NPC LABS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NODE SOFTWARE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE NODE SOFTWARE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE NODE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NPC LABS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NPC LABS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE NODE SOFTWARE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO NPC LABS FOR USE OF THE NODE SOFTWARE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NPC LABS, AS APPLICABLE
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NPC LABS AND YOU
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and NPC Labs are not required to arbitrate will be the state and federal courts located in the New York, New York, and you and NPC Labs each waive any objection to jurisdiction and venue in such courts
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and NPC Labs agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and NPC Labs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms
As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law
Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and 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. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration
YOU AND NPC Labs AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another 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 Dispute Resolution section shall be null and void
With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply
You may not assign or transfer these Terms, by operation of law or otherwise, NPC Labs’ prior written consent, and any attempt by you to do so, without such consent, will be void. If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect. These Terms are the complete and exclusive agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications and understandings, both written and oral, with respect to its subject matter. Except with respect to the indemnification obligations hereunder, these Terms does not create any third party beneficiary rights in any individual or entity that is not a party to these Terms. Nothing in these Terms will be construed to create a partnership, joint venture or agency relationship between the parties. Except as expressly set forth in these Terms, the exercise by either party of any remedy under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Either party’s failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of these Terms will be effective unless it is in writing and signed by the party granting the waiver
If you have any questions about these Terms or the Services, please contact NPC Labs at [email protected]