The website located at https://www.spiritpunks.io/ is published, owned, and operated by NFTY Spirits, LLC, d/b/a NFTY Markets, its affiliates, and related entities (“Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern the user’s (“User” “you” “your”) access to and use of the website whether accessed via computer, mobile device or otherwise (individually and collectively, the “Website”) as well as any products and services provided by NFTY Spirits, LLC (the “NFTY Markets Service”) (the Website, together with the NFTY Markets Service, collectively referred to as the “Service”).

1. ACCEPTANCE OF AGREEMENT

THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE, AND ALL RELATED TOOLS, MOBILE APPLICATIONS, WEB APPLICATIONS, DECENTRALIZED APPLICATIONS, SMART CONTRACTS, AND APPLICATION PROGRAMMING INTERFACES (“APIS”) LOCATED AT ANY OF THE COMPANY WEBSITES, INCLUDING WITHOUT LIMITATION, SUCCESSOR WEBSITE(S) OR APPLICATION(S) THERETO (COLLECTIVELY, THE “PLATFORM”). THESE TERMS SET OUT YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU USE THE PLATFORM FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO VIEWING AND PURCHASING NFTS AND CONSUMER PACKAGED GOODS THROUGH A LIMITED ACCESS MARKETPLACE. BY USING THE SERVICE OR ACCESSING THE PLATFORM IN ANY MANNER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. BY AGREEING TO THESE TERMS, YOU HEREBY CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR THE PLATFORM.PLEASE BE AWARE THAT THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION (Section 13.4) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

By accessing, browsing, submitting information to and/or using the Website, or by signing into the website using a Wallet you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference, and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. Accordingly, under Article 6 of the General Data Protection Regulation, or “GDPR,” users in the European Union acknowledge and consent to our processing of personal data as necessary for the performance of these Terms, any applicable agreements, and use of the Website.  If you do not agree to the Terms, please do not use the Website. The Terms of Service are referred to herein as the “Agreement.”

By entering accessing, browsing, submitting information to, or otherwise using this website, you acknowledge and agree to the following terms and conditions and represent and warrant that you are twenty-one (21) years old or older. If you do not agree to these terms or you are younger than twenty-one (21) years old, do not use this site.

THIS APP/WEBSITE MAY ALLOW YOU TO SHARE CONTENT THROUGH THIS PLATFORM OR THROUGH OTHER APPS OR WEBSITES. PLEASE ONLY SHARE OUR POSTS AND OTHER SHAREABLE CONTENT WITH THOSE WHO ARE OF LEGAL DRINKING AGE.

2. AMENDMENTS

Company reserves the right to amend this Agreement, Company’s Privacy Policy described in Section 5 below, at any time with reasonable notice, as determined by Company in its sole discretion. Company will post notice of any amendment on the Service. You should check this Agreement, and Company’s Privacy Policy regularly for updates. By continuing to use the Platform or Service after such notice is provided, you accept and agree to such amendments. If you do not agree to any amendment to any of these agreements, you must stop using the Platform and Service. If you have any questions about the terms and conditions in this Agreement, or Company’s Privacy Policy , please contact us at info@nftymarkets.io

3. DEFINITIONS AND INTERPRETATION

3. 1 Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:

• “Affiliate” means, with respect to a party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships),limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such party.

• "Applicable Law”means the laws of the State of Nevada, as the same may be amended and in effect from time to time during the Term.

• “Business Day” means a day other than a Saturday, Sunday, or other day on which commercial banks in the State of Nevada are authorized or required to close.

• “NFT” means Non-Fungible Token.

• “NFTY Markets Ecosystem” means the NFT ecosystem under the name “NFTY Markets” that will initially consist of a limited-access online marketplace, consumer-packaged goods, NFTs, and other features to be determined by the Company and its Affiliates.

• "Profile Information” means the information you provide to us to register for the Service, including as applicable, Wallet address, name and address, as well as the username and password that allow you to access the Service, as such information shall change from time to time.

• “Wallet” means an Ethereum/Web3 electronic wallet, which allows Users to purchase and store cryptocurrencies, and sign/engage in transactions on the Ethereum (and other EVM compatible) Blockchain.

3. 2 Interpretation. References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to this Agreement, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to hereof, herein, hereunder and other similar compounds of the word here shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms include and including are not limiting. Unless designated as Business Days, all references to days shall mean calendar days. The use of the word “including” in this Agreement to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.

4. THE SERVICE

4. 1 Purpose of the Website.  The Website is provided for the purpose of providing Users insight and updates as to the NFTY Markets Ecosystem. The Service, and the Platform are for marketing purposes only and are not meant to provide any financial advice or indicate any trading opportunity. Any reliance you place on such information is strictly at your own risk.  The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.  Any information you provide or that is collected by the Company through the Website shall be handled in accordance with the Company’s Privacy Policy.

4. 2 Use of the Website.  The Company grants you a non-exclusive license to access and use the Platform including the Website and the data, material, content, or information herein (collectively, the “Content”) solely for your personal use.  Your right to access and use the Website shall be limited to the purposes described in these Terms unless you are otherwise expressly authorized by the Company to use the Website for your own commercial purposes.  You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws. You must be at least twenty-one (21) years of age to use the Website and purchase alcohol through its Services. A valid government-issued ID may be required upon delivery. Alcohol sales are solicited, offered, accepted, made, and delivered by a licensed distillery and distributor who receives all orders.

4. 2.1 User Account Responsibility. User understands and agrees that it is solely responsible for maintaining the security of User’s account and control over any usernames, passwords, public and/or private keys, or any other codes that User uses to access the Service. If you are given or create a password to access the Platform, you are responsible for maintaining the confidentiality of your account and your password. If you use a Wallet to access the Platform, the Company has no way of granting you access to the site if you lose access to, or control of, your Wallet. You are responsible for all activities that occur under your account, and you agree to notify the Company immediately of any suspected unauthorized use of your account, including the use of an account by an individual under the age of twenty-one (21) years of age, in violation of Section 4.2.  The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account, Wallet. or your password. Any unauthorized access to your account by third parties could result in the loss or theft of funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s).

4. 2.2 Additional Considerations.

4. 2.2.1 Transactions Are Recorded on the Public Blockchains. Transactions that take place on the Platform are managed and confirmed via public blockchains including but not limited to the Ethereum blockchain. The User understands that its public address on the relevant blockchain will be made publicly visible whenever it engages in a transaction on the Platform. We neither own nor control MetaMask, or any other Wallet, the Ethereum network, or any other blockchain network We choose to interface with, or any other third-party site, product, or service that Users might access, visit, or use for the purpose of enabling the user to access and utilize the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that a User may suffer as a result of its transactions or any other interaction with any such third parties.

4. 2.2.2 Gas. All transactions on the Platform are facilitated by smart contracts existing on a blockchain network. Blockchain networks generally require the payment of a transaction fee for every transaction. For example, the Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Platform through the Ethereum network. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Company or the Platform. User acknowledges that under no circumstances will a transaction on the Platform, be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to User.

4. 2.2.3 Our Use of Account Information. Users authorize us to use the account information for all purposes related to the Service, provided that such access shall be used solely for the purpose of providing the Service.

4. 3 License. Subject to this Agreement, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own use, and solely as permitted by and in compliance with the Terms and Applicable Law. Such limited license may be revoked at any time in the Company’s sole discretion.

4. 4 Prohibitions and Restrictions

4. 4.1 Prohibited Uses. You agree that you will not:

• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it;

• Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website;

• Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;

• Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

• Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);

• License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service;

• Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; or

• Access the Service in order to build a similar or competitive website, product, or service.

4. 4.4.2 Restrictions. Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Agreement. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You will not use the Website or Service for any illegal purpose.

4. 5 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.

4. 6 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Website or Service.

4. 7 Account Suspension. User agrees that Company has the right to immediately pause or cancel User’s access to the Service, Website, and the Platform if Company suspects, in its sole discretion, that (i) User’s account is being used for any illegal activity; (ii) User has engaged in fraudulent activity; or (iii) User has engaged in transactions in violation of these Terms of Use.

4. 8 Affiliates. The rights, duties and/or obligations of Company under this Agreement may be exercised and/or performed by Company and/or any of Company’s Affiliates, or any of their subcontractors and/or agents. Company acknowledges and agrees that it shall be solely responsible for the acts or omissions of Company’s Affiliates, and any subcontractor or agent of Company or any of Company’s Affiliates, related to the subject matter hereof. You agree that any claim or action arising out of or related to any act or omission of any of Company or Company’s Affiliates, or any of their respective subcontractors or agents, related to the subject matter hereof, shall only be brought against Company, and not against any of Company’s Affiliates, or any subcontractor or agent of Company or any of Company’s Affiliates.

5. PRIVACY

You agree to Company’s Privacy Policy (available at https://www.spiritpunks.io/privacy-policy), which is incorporated by reference into this Agreement as if it were set forth herein in its entirety. The Privacy Policy describes how we collect, use, and disclose information provided by you. By using the Website or Service, you agree to, and are bound by, the terms of the Privacy Policy.

6. COMMUNICATION WITH USERS

You affirm that you are aware and acknowledge that Company is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Company or any third-party. The Company does not have a way to communicate directly with Users.

7. THIRD-PARTY LINKS, PRODUCTS AND APPLICATIONS

7. 1 Third-party Sites.  The Website may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”), including but not limited to opensea.io, any sites related to NFT projects (occasionally hyperlinked as “Official”), Twitter, Instagram, and Discord.  Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site.  The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support the Company or are identified on the Website, including any delivery of and payment for goods and services. The Company does not store any information shared with a Linked Site and is not responsible for any personally identifiable information shared with any Linked Site.

7. 2 Third-party Applications.  You acknowledge that your access and use of any third-party applications or software on our Website and Content, such as Know Your Customer “KYC” verification software (the “Third-Party Applications”), is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-Party Applications.  The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications. The Company is not responsible for any personally identifiable information shared with any Third-Party Applications.

7. 3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, our partners or any other third party or any Third-party Links and Applications). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8. INTELLECTUAL PROPERTY

8. 1 Company Intellectual Property.  User acknowledges and agrees that Company (or, as applicable, our licensors) own all legal right, title, and interest in and to all elements of the Platform. The Company logo, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “Company Materials”) are owned by the Company. The Website, Platform, Company Materials, and Content are protected by copyrights, trademarks, or are subject to other proprietary rights.  Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by the Company in these Terms.  The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or the applicable owner. Except as expressly set forth herein, User’s use of the Platform does not grant User ownership of or any other rights with respect to any content, code, data, or other materials that User may access on or through the Platform. Company reserves all rights in and to the Company Materials not expressly granted to Users in the Terms.
   
   You may not use any Company Content to link to the Website or Content without our express written permission. You may not use framing techniques to enclose any Company Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
   
   Notwithstanding anything to the contrary herein, You understand and agree that You shall have no ownership or other property interest in your account, and You further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of the Company.

8. 2 Non-Company Intellectual Property. Outside the Company Materials, all other trademarks, product names, logos, and similar intellectual property on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.

8. 3 DigitalMillennium Copyright Act Compliance

8. 3.1 Notification.  We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from the Website or Service infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent (designated below).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service;

• (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;

• (d) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• (e) a statement that the complaining party has 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;

• (f) a statement that the information in the notification is accurate; and

• (g) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Upon removing any allegedly infringing material, the Company will notify the alleged infringer of such takedown.

• (h) Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

8. 3.2 Counter Notification.  If you elect to send our copyright agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

• (a) a physical or electronic signature;

• (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• (c) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

• (d) adequate information by which we can contact you, including your name, address, and telephone number; and

• (e) a statement that the subscriber consents to the jurisdiction of a federal district court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your counter notice.  Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

The Company’s designated copyright agent or authorized official to receive notifications and counter-notifications of claimed infringement is:

Michael Evans, Co-Founder & COO
NFTY Spirits, LLC d/b/a NFTY Markets
1060 Wigwam Parkway
Henderson, NV 89074

A summary of the DMCA can be obtained from the U.S. Copyright Office.