We have the right to immediately suspend your account, pause or cancel your access to our Services, or close your account if we suspect, in our sole discretion, that
Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ or our licensors and are protected under both Turkey and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
● Generally.
● Restrictions.
You will not, attempt to, or permit or enable any third party to: (a) separate the Attached Media from the Digital Collectible; (b) modify the Attached Media, unless expressly permitted to do so pursuant to the Digital Collectible Terms; (c) register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any Attached Media; (d) use any Attached Media to create, endorse, support, promote or condone any content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate as determined by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ at its discretion; (e) commercialize the Attached Media or use the Attached Media in connection with any business, message, product, or service, or in any manner that may imply endorsement of any business, message, product, or service; (f) use the Attached Media in any manner that is likely to cause confusion or dilute, blur, or tarnish the Attached Media or any intellectual property rights in the Attached Media; or (g) use the Attached Media in any manner that infringes, violates or misappropriates any third party intellectual property or intellectual property right, or that violates the these Terms or the Digital Collectible Terms.
● Transfer or other Fees.
○ serves as a reward for holding a Private Fox NFT
○ serves as a utility token in the Private Foxes ecosystem
○ serves as a voucher for Private Foxes Cafe
.Disputes between users,
Acts or omissions of third parties, or
Anything else for which you have agreed that PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will have no responsibility or liability pursuant to these Terms.
1. No Representative Actions. You and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ agree that any dispute arising out of or related to these Terms or our Services is personal to you and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
2. Arbitration of Disputes. Except for small claims disputes in which you or PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ you agree to first contact PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ by email at [email protected] The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Istanbul, Turkey. You and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
3. You and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ agree that these Terms affect interstate commerce and that the enforceability of this Dispute Resolution section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
4. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
5. You and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ agree that for any arbitration you initiate, you will pay the filing fee and you and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will split equally the remaining JAMS fees and costs; provided that if you are a consumer the maximum amount you will be required to pay for the filing fee is $250 and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will pay any remaining amount of the filing fee and the remaining JAMS fees and costs. For any arbitration initiated by PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ, PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will pay all JAMS fees and costs. You and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ agree that Istanbul Province shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
6. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and PRİVATE FOXES İÇ VE DIŞ TİCARET PAZARLAMA LİMİTED ŞİRKETİ will not have the right to assert the claim.
7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of the Dispute Resolution section by emailing us at [email protected] In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law and Venue section.
8. If any portion of this Dispute Resolution section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Dispute Resolution section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Dispute Resolution section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Dispute Resolution section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Dispute Resolution section will be enforceable.