AGREEMENT BETWEEN USER AND BadSammy.org operated by BadSammy Studios, LLC (hereby known as "this website", "BADSAM", "BadSammy" or "BadSammy Services")

All terms and conditions also incorporate by reference our Privacy Policy, apply to everything related to BadSammy Services such as: this website, any of our entertainment, our NFTs, Memes, our social media sites, and our Parody fictional characters and BadSammy episodes.

These terms, and any and all other applicable operating rules, policies, schedules and other terms and conditions or documents that may be published from time to time (collectively, the “Terms and Conditions” or this “Agreement”). Our Website, together with any content, functionality, and Services offered on or through our Website, and all of the existing and any updated or new content, features, functionalities, materials, social media pages, shall be collectively referred to as the "Services"

These Terms and Conditions explain the terms and conditions by which you may access and use the Services provided by us. Please review these Terms and Conditions carefully before accessing the Website or any of the Services. The Terms and Conditions supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services. If you do not agree to the Terms and Conditions in its entirety, you should not use the Website or any of the Services in any manner or form whatsoever.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST BadSammy Studios LLC, ITS AFFILIATES, MANAGERS, MEMBERS, SERVICE PROVIDERS, PARTNERS, ADVISORS, AND VENDORS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE THE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THIS AGREEMENT.

You agree to the Terms and Conditions in its entirety when you: (a) access or use the Website; (b) access and/or view any of the: (i) links to third-party resources and other information (“Third-Party Links”) through the Website; and/or (ii) videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content that may be featured on the Website (the “Website Content," and together with the Third-Party Links, the “Content"); (d) purchase any of the Solana blockchain-based fungible cryptographic assets known as "Meme Cards" or "BADSAM" token featured on the Website (the "Memes"); and/or (e) utilize the various registration forms, contact forms and/or contact information made available on the Website.

The BadSammy Services are comprised of various Web pages operated by BadSammy Studios, LLC.

The BadSammy Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BadSammy Services constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

BadSammy reserves the right to change the terms, conditions, and notices under which the BadSammy Services are offered, including but not limited to the charges associated with the use of the BadSammy Services.

Cookie Policy

This Cookie Policy explains how this website use cookies and similar technologies when you visit our websites located at BadSammy.org, or any other websites, pages, features, or content we own or operate (collectively, the "Site(s)"), when you use the BadSammy mobile sites, and/or when you interact with BadSammy online advertisements or marketing emails (collectively the "Services"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases, we may use cookies and similar technologies to collect personal information, or information that becomes personal information if we combine it with other information. In such cases the BadSammy Privacy Policy will apply in addition to this Cookie Policy.

If you have any questions about our use of cookies or other technologies, please submit your request via our Contact page at https://BadSammy/contact.aspx

WHAT ARE COOKIES?

Cookies are small files, typically of letters and numbers, downloaded onto your computer or mobile device when you visit certain websites. When you return to these websites, or visit other websites that use the same cookies, the websites recognize these cookies and your browsing device. A cookie cannot read data off your hard drive or read cookie files created by other websites.

Cookies set by the website operator are called "first party cookies". Cookies set by parties other than the website operator are called "third party cookies". The parties that set third party cookies can recognize your web browser both when it visits the BadSammy website and when it visits certain other websites where the third party’s cookies are also present.

More information on cookies and their use can be found at www.aboutcookies.org or www.allaboutcookies.org.

WHY DO WE USE COOKIES?

When you access our Sites and Services, we or companies we work with may place cookies on your computer or other device. These technologies help us better understand user behavior, and inform us about which parts of our websites people have visited.

We use first party and third party cookies to recognize you as a BadSammy customer, customize BadSammy Services, content, and advertising, to measure promotional effectiveness, and to collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.

We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and Services available from BadSammy. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party's website for more information on how they use cookies.

The following are some examples of information that we collect and how we may use it:

We may collect and store details of how you use our Sites and Services. Except in limited instances to ensure quality of our Services over the Internet, such information will not be associated with your IP address.

We may collect information such as your language, inferred zip code or area code, unique device identifier, referrer URL, location, and time zone so that we can better understand customer behavior and improve our Services.

We may collect information regarding customer activities on our websites and platforms, which is used to understand which parts of our Sites and Services are of most interest. This data is aggregated, and thus is considered non-personal information for the purposes of this Cookie Policy and our Privacy Policy.

WHAT TYPES OF COOKIES DO WE USE?

Strictly Necessary Cookies - These cookies are necessary for the Sites to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for Services, such as setting your privacy preferences, logging in, or filling in forms. These also include cookies we may rely on for fraud prevention. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.

Performance/Analytics Cookies - These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Sites. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Functionality Cookies - These cookies allow us to remember the choices you make and to tailor our Services so we can provide relevant content to you. For example, a functionality cookie can remember your preferences (e.g., country or language selection), or your username.

Targeting/Advertising Cookies

BadSammy uses third party service providers to display advertising on our Services and serve advertising on other third party sites that may be relevant to you or your interests. These cookies are also used to help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information may be shared with other organizations, such as advertisers. This means that after you have been to our websites, you may see some advertisements about our Services elsewhere on the Internet. The information collected through this process by the third party service providers does not enable us or them to identify your name, contact details or other personal information that directly identifies you unless you choose to provide these. Such advertising will only be delivered where permitted by applicable law. If you do not allow these cookies, you will experience less advertising tailored to your inferred interests on our Sites and will not receive targeted BadSammy advertisements on third party websites.

HOW LONG WILL COOKIES STAY ON MY BROWSING DEVICE?

The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you close your browser. Persistent cookies stay on your browsing device until they expire or are deleted.

LINKS TO THIRD PARTY SITES

The BadSammy Services may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BadSammy and BadSammy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BadSammy is not responsible for webcasting or any other form of transmission received from any Linked Site. BadSammy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BadSammy of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BadSammy Services, you warrant to BadSammy that you will not use the BadSammy Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BadSammy Services in any manner which could damage, disable, overburden, or impair the BadSammy Services or interfere with any other party's use and enjoyment of the BadSammy Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BadSammy servicess.

USE OF COMMUNICATION SERVICES

The BadSammy Services may contain bulletin board Services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

BadSammy has no obligation to monitor the Communication Services. However, BadSammy reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BadSammy reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

BadSammy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BadSammy's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BadSammy does not control or endorse the content, messages or information found in any Communication Service and, therefore, BadSammy specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BadSammy spokespersons, and their views do not necessarily reflect those of BadSammy.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BadSammy OR POSTED AT ANY BadSammy Services

BadSammy does not claim ownership of the materials you provide to BadSammy (including feedback and suggestions) or post, upload, input or submit to any BadSammy Services or its associated Services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BadSammy, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. BadSammy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BadSammy's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BadSammy Services MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BadSammy AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BadSammy Services AT ANY TIME. ADVICE RECEIVED VIA THE BadSammy Services SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BadSammy AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BadSammy Services FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BadSammy AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BadSammy AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BadSammy Services, WITH THE DELAY OR INABILITY TO USE THE BadSammy Services OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BadSammy Services, OR OTHERWISE ARISING OUT OF THE USE OF THE BadSammy Services, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BadSammy OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BadSammy Services, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BadSammy Services.

SERVICE CONTACT : info@BadSammy

TERMINATION/ACCESS RESTRICTION

BadSammy reserves the right, in its sole discretion, to terminate your access to the BadSammy Services and the related Services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the BadSammy Services. Use of the BadSammy Services are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BadSammy as a result of this agreement or use of the BadSammy Services. BadSammy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BadSammy's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BadSammy Services or information provided to or gathered by BadSammy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BadSammy with respect to the BadSammy Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BadSammy with respect to the BadSammy Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the BadSammy Services are: Copyright BadSammy Studios, LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

ADDITIONAL TERMS

All characters and events in any of our entertainment, memes, nfts, social media sites, and our parody fictional characters, or website... even those based on real people, are entirely fictional. All character or celebrity voices are impersonated... poorly. Our programs, shows, nfts, website, characters, memems, and nfts are all parody and contain course language and due to its content, none of it should be seen or viewed by anyone.

THE BADSAM NFTs or MEMES ARE INTENDED TO FUNCTION AS AN EXPRESSION OF SUPPORT FOR, AND ENGAGEMENT WITH, THE IDEALS AND BELIEFS EMBODIED BY THE SYMBOL “BADSAM” AND THE ASSOCIATED ARTWORK (THE “ARTWORK”) AND ARE NOT INTENDED TO BE, OR TO BE THE SUBJECT OF, AN INVESTMENT OPPORTUNITY, INVESTMENT CONTRACT, OR SECURITY OF ANY TYPE. NO FEDERAL OR STATE AGENCY OR ANY OTHER GOVERNMENTAL AUTHORITY HAS PASSED ON OR MADE ANY RECOMMENDATION OR ENDORSEMENT OF THE MEMES OR THE FAIRNESS OR SUITABILITY OF THE PURCHASE OF THE MEMES, NOR HAS ANY GOVERNMENTAL AUTHORITY PASSED UPON OR ENDORSED THE MERITS OF THE SERVICES.

NEITHER THE BADSAM NFTs OR MEMES NOR THE SERVICES ARE POLITICAL AND HAVE NOTHING TO DO WITH ANY POLITICAL CAMPAIGN, GOVERNMENT AGENCY OR GOVERNMENTAL OFFICE IN THE UNITED STATES OF AMERICA OR ELSEWHERE. THE BADSAM NFTs OR MEMES ARE NOT INTENDED TO BE DISTRIBUTED TO ANY PERSON OR ENTITY IN ANY JURISDICTION WHERE SUCH TRANSACTIONS ARE RESTRICTED OR PROHIBITED UNDER APPLICABLE LAWS. IT IS YOUR RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION IN CONNECTION WITH YOUR PURCHASE, TRADE OR SALE OF THE BADSAM NFTs OR MEMES. THE BADSAM NFTs OR MEMES HAVE NOT BEEN REGISTERED UNDER ANY LAWS OF ANY JURISDICTION.

Requirements

General. The Services are available only to individuals who can enter into legally binding contracts under applicable law. The Services are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and/or if you are unable to enter into legally binding contracts and/or you are a Prohibited Party (defined below) you do not have permission to use and/or access the Services, and we may terminate your access to the Services at any time and for any reason in our sole discretion. In the case where you are an entity, you can only access the Services if you are duly incorporated, validly existing and in good standing under the laws of the jurisdiction of your incorporation.

Prohibited Users. The Services are not available to (i) individuals or entities (including those owned or controlled by individuals) that are the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the United Nations Security Council, the European Union, His Majesty’s Treasury of the United Kingdom of Great Britain and Northern Ireland (the “UK Treasury”), and the U.S. Department of Treasury); (ii) individuals or entities placed on the “Denied Persons List” by the Bureau of Industry and Security of the United States Department of Commerce; or (iii) residents and citizens or entities located in or incorporated under the laws of any country, territory or other jurisdiction subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a terrorist-supporting country, or is otherwise the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, the European Union, the UK Treasury, or the United States, including without limitation Cuba, the Crimea, Donetsk, and Luhansk regions of Ukraine, Iran, North Korea, Russia, Syria, or Yemen (collectively, “Prohibited Users”).

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Prohibited Access. In addition to the foregoing, individuals are not permitted to access the Services with a Jail-Broken Mobile Device, a Rooted Android Device, or the substantial equivalent thereof. For purposes of the Terms and Conditions, a “Jail-Broken Mobile Device” is a Mobile Device that runs Apple’s iOS operating system that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple and a “Rooted Android Device” is a smartphone, tablet or other device running the Android mobile operating system for which privileged root access control has been enabled thereby opening the operating system for additional customization.

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Modification. We reserve the right to amend the Terms and Conditions and/or the Services from time to time without notice to you. The Terms and Conditions will be posted on the Website, and you should review the Terms and Conditions prior to using, reusing, accessing or re-accessing the Services. By your continued use of the Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within these Terms and Conditions effective at that time.

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Registration. You may be required to submit an applicable registration form. We reserve the right, in our sole discretion, to deny access to the Services to anyone at any time and for any reason whatsoever.

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Wallet, Cryptocurrency and Technology Requirements. You shall be responsible, at all times, for obtaining and maintaining, at your sole cost and expense: (a) all input/output devices or equipment (such as a computer/mobile device, up-to-date Internet browser version, modems, terminal equipment, computer equipment and software) and communications services necessary to access certain Services and for ensuring that such equipment and services are compatible with all relevant requirements; (b) a functioning crypto asset wallet suitable for use with Solana blockchain-based assets (a “Wallet”) capable of accessing the Card(s); and (c) any cryptocurrencies necessary to purchase and/or sell the BADSAM NFTs or Memes. We do not guarantee the quality, speed or availability of the Internet connection associated with any mobile device and/or computer. We do not guarantee that the Services can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data, Internet usage and blockchain transaction fees may apply to use of the Services. You are fully responsible for all such charges and we have no liability or responsibility to you, whatsoever, for any such charges.

You assume all risks associated with using an Internet-based blockchain networks including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored on the blockchain and/or within your Wallet. Cryptographic assets, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled.

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BADSAM NFTs, Memes, and/or Tokens

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The BadSammy NFTs, Memes, and/or Tokens (hereby known as "BadSammy", "BADSAM", or "BADSAM NFTs", or "BADSAM MEMES") are intended to function as an expression of support for, and engagement with, the ideals and beliefs embodied by the symbol “BADSAM, BADSAM NFTs, or Memes” and the associated artwork and are not intended to be, or to be the subject of, an investment opportunity, investment contract, or security of any type. By using the Website and the Services, you acknowledge and agree that the BADSAM NFTs or Memes should be traded solely as cryptographic assets intended to function as set forth above, and that you are acquiring the BADSAM NFTs or Memes as an expression of support for, and engagement with, these ideals and beliefs and not as an investment opportunity, investment contract, or security of any type. Please be aware that the price of BADSAM NFTs or Memes may be extremely volatile and you may experience substantial losses in connection with a sale or other disposition of BADSAM NFTs or Memes. We make absolutely no promise or guarantee that the BADSAM NFTs or Memes will increase in value or maintain the same value as the amount you paid to purchase same. No information and/or Content made available by and through the Services is or should be considered advice or recommendation or an invitation to enter into an agreement for any investment purpose. Further, no element of the Services qualifies or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. IT REMAINS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO ASSURE THAT THE PURCHASE AND SALE OF THE BADSAM NFTs or Memes AND THE USE OF CRYPTOCURRENCIES COMPLIES WITH LAWS AND REGULATIONS IN YOUR JURISDICTION AND ALL APPLICABLE JURISDICTIONS.

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ALL TRANSACTIONS OF BADSAM NFTs or Memes ARE FINAL AND NON-REFUNDABLE. We shall have no responsibility or liability for any BADSAM NFTs or Memes that are lost, misplaced, or inaccessible.

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You are solely responsible for reporting and paying any taxes applicable to your use of the Services or the purchase, trade or sale of the BADSAM NFTs or Memes.

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Items. With respect to any items that may be acquired, offered, or purchased by and through the Website, including without limitation the BADSAM NFTs or Memes, we do not warrant that the item descriptions are accurate, complete, reliable, or error free. We have made every effort to display the Artwork associated with BADSAM NFTs or Memes as accurately as possible on the Website. However, there may be differences between the Artwork as depicted on the Website and other depictions. For example, the actual colors you see may depend on the monitor/screen and other factors associated with your computer, mobile device or other device, as applicable, which you use to view the Artwork.

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Content

General Terms. Subject to the Terms and Conditions, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Website and/or other Services. We do not control Content provided by third-party providers that is made available by and through the Website and/or other Services. Please be advised that we do not verify or fact-check statements made by third-party providers, and that the third-party providers themselves are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. We do not represent or warrant that the Content and other information posted by and/or through the Website and/or other Services is accurate, complete, up-to-date or appropriate. You agree that we shall have no obligation and incur no liability to you in connection with any Content.

Non-Endorsement. The publication of any Content provided by third-party providers (including user content) by and through the Website and/or other Services does not constitute any type of endorsement of the subject third-party provider or third-party digital asset trading platform.

Compliance with Laws. You acknowledge that there are various rules, regulations and laws that address crypto assets and blockchain technology (collectively, “Emerging Technology Laws”), and that Emerging Technology Laws may be adopted by each individual U.S. state, or jurisdiction and jurisdictions outside the United States. In addition to the Emerging Technology Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and jurisdiction in which you reside and from which you access the Website and its Services (together with Emerging Technology Laws, “Applicable Laws”). You agree to comply, and are solely responsible for your compliance with, all Applicable Laws. You acknowledge and agree that your purchase and/or sale of BADSAM NFTs or Memes and use of cryptocurrency in connection therewith is at your own risk, and we cannot be held responsible or liable if any Applicable Law restricts or prohibits your access to, or ability to purchase and/or sell BADSAM NFTs or Memes as more fully explained and agreed above.

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Standards of Conduct. You warrant and represent that neither you nor any of your agents or other representatives has performed or will perform any of the following acts in connection with use of the Services, or any other transactions involving the business interests related to such use: offer or promise to pay, or authorize the payment of, any Card or merchandise, or give or promise to give, or authorize the giving of, any services or anything else of value, either directly or through a third party, to any official or employee of a public international organization or any private entity, or of any agencies or subdivisions thereof, or of any public international organizations or governmental instrumentalities, or to any political party or official thereof or to any candidate for political office for the purpose of (i) influencing any act or decision of that person in his or her official capacity, including a decision to fail to perform his official functions with such government, instrumentalities, or private entity, (ii) inducing such person to use his influence with such government, instrumentalities, or private entity to affect or influence any act or decision thereof or (iii) securing any improper advantage.

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License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Services and all other material, products and/or services posted or made available by and through same (collectively, the “Material”) in accordance with the Terms and Conditions. We may terminate this license at any time for any reason. Unless otherwise expressly authorized by us, you may only use the Material for your own personal, non-commercial use. No part of the Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Material. You may not use Material in conjunction with any other third-party content. You may not exploit any aspect of the Material for any commercial purposes not expressly permitted by us (including the bundled sale of any Material). Systematic retrieval of the Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is strictly prohibited. You further agree to indemnify and hold us harmless for your failure to comply with this section. We reserve all rights not explicitly granted in the Terms and Conditions.

Proprietary Rights. All Material is owned or licensed by or to us and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Terms and Conditions, no part of the Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, Website or other medium or for any commercial purpose, without prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Material. The posting of information or material on the Website does not constitute a waiver of any right in or to such information and/or materials, and we reserve all rights not expressly granted hereunder.

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Indemnification. To the fullest extent permissible by applicable law, you agree to indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Services; (b) your breach of the Terms and Conditions and/or violation of Applicable Law; (c) any dispute between you and any other users and/or other third parties; (d) any claim that we owe any taxes, fees, penalties or fines in connection with your use of the Services; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section “Indemnification” are for the benefit of us and the other Covered Parties. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

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Disclaimer of Warranties. THE SERVICES, INCLUDING THE BADSAM NFTs or Memes, MATERIAL, AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THEIR FUNCTIONALITY, RELIABILITY, OR AVAILABILITY ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, THIS AGREEMENT OR ANY INFORMATION AND MATERIALS PROVIDED TO YOU). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT THE SERVICES, INCLUDING THE BADSAM NFTs or Memes, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME, AS WELL AS ANY BLOCKCHAIN TECHNOLOGY: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC INVESTMENT INCOME, REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SERVICES, MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE OR ANY OF THE UNDERLYING BLOCKCHAIN NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY US ON OR BY ANY PERSON ON BEHALF OF US.

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Please be aware that the price of the BADSAM token, BADSAM NFTs or Memes may be extremely volatile, and price fluctuations in cryptocurrencies could impact the price of the BADSAM NFTs or Memes both positively and negatively. BADSAM NFTs or Memes should not under any circumstances be considered an investment opportunity, investment contract, or security of any type, as more fully explained and agreed above. You assume all risks in connection therewith. This Website and its contents are for informational purposes only. No information and/or Content made available by and through the Services constitutes or should be considered financial, investment, legal or other professional advice or recommendation. The BADSAM NFTs or Memes are not designed or intended as an investment opportunity, investment contract, or security of any type and should not be considered a financial investment. Further, no element of the Services qualifies or is intended to be a solicitation or an offering to buy or sell securities, financial products, or services, in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products or services. IT REMAINS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO ASSURE THAT THE PURCHASE AND SALE OF BADSAM NFTs or Memes, AND THE USE OF CRYPTOCURRENCIES, COMPLIES WITH LAWS AND REGULATIONS IN YOUR JURISDICTION.

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You assume all risks associated with using an Internet-based blockchain technology and cryptographic asset including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, as more fully explained and agreed above. Cryptographic assets, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled, as more fully explained and agreed above. New regulations could negatively impact such technologies impacting the value for your BADSAM NFTs or Memes. You understand and accept all risk in that regard, as more fully explained and agreed above. Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions or other issues impacting the Solana blockchain, as more fully explained and agreed above. We do not guarantee the functionality, reliability, transferability, or future availability of BADSAM NFTs or Memes in the event of disruptions, regulatory changes, or other unforeseen circumstances.

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LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, ENHANCED AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, STATUTORY DAMAGES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SERVICES, BADSAM NFTs or Memes, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY MATTER RELATED TO THE BLOCKCHAIN NETWORK, CRYPTOCURRENCIES AND/OR ANY BLOCKCHAIN-BASED WALLET; (E) THE FAILURE TO REALIZE ANY REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE SERVICES, BADSAM NFTs or Memes, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, VIOLATIONS OF LAW AND CIVIL REMEDIES BASED THEREON, DECEPTIVE AND UNFAIR TRADE PRACTICES, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED U.S. DOLLARS (US$500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF OUR BARGAIN AND THE BASIS FOR WHICH WE ARE PERMITTING YOUR ACCESS TO THE SERVICES, BADSAM NFTs or Memes, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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FOR CALIFORNIA RESIDENTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE COVERED PARTIES. SECTION 1542 READS AS FOLLOWS:

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“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

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‍Third-Party Websites. The Services may provide links to other websites and/or resources, including social media websites and digital asset trading platforms. We have no control over such third-party websites and/or resources. Furthermore, we do not endorse and are not responsible or liable for (i) any terms and conditions, privacy policies, content, advertising, services, products, and/or other materials available at or from such third-party websites or resources; or (ii) any damages and/or losses arising from or associated with your use of such third-party websites, platforms, or resources, including but not limited to trading activities on digital asset trading platforms.

We are not responsible for the availability, functionality, security, or performance of any digital asset trading platforms on which the BADSAM NFTs or Memes may be traded. Trading or transferring BADSAM NFTs or Memes on such platforms is entirely at your own risk and is subject to the terms and conditions, privacy policies, and fee structures of the respective platforms.

WE DISCLAIM ANY LIABILITY FOR ANY PRICE FLUCTUATIONS, MARKET CONDITIONS, OR TRADING VOLUME OF BADSAM NFTs or Memes ON THIRD-PARTY TRADING PLATFORMS; LOSS OF FUNDS OR CRYPTO ASSETS DUE TO TECHNICAL ERRORS, HACKING INCIDENTS, OR OTHER SECURITY BREACHES ON THIRD-PARTY PLATFORMS; ANY DECISIONS OR ACTIONS TAKEN BY THIRD-PARTY TRADING PLATFORMS, INCLUDING LISTING OR DELISTING BADSAM NFTs or Memes, OR IMPOSING TRADING RESTRICTIONS. By using these third-party platforms, you agree to independently review and accept their terms, and you understand that we are not involved in or liable for their operations.

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Privacy Policy. All comments, information, Registration Data and/or materials that you submit through or in association with the Services shall be subject to our Privacy Policy, which is hereby incorporated by reference. For a copy of the Privacy Policy, please click here.

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Dispute Resolution Provisions. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Services and/or the Terms and Conditions. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Services, the terms and conditions of the Terms and Conditions or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before JAMS in Delaware, in accordance with their then-current commercial arbitration rules; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.

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The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the JAMS office New Castle County, Delaware or, for US residents, your US county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

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CLASS ACTION WAIVER: To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.

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FOR PURPOSES OF ANY COURT PROCEEDINGS, YOU AGREE THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE, AND NOT A JURY, AND YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BEFORE A JURY. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED AND SHALL NOT APPLY TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

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California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

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Miscellaneous. Should any part of the Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms and govern all uses of the Services. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Any failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Terms and Conditions.

PRIVACY STATEMENT

By using our site, you also agree to our PRIVACY STATEMENT which can be viewed here.

CONTACT INFORMATION

BadSammy welcomes your comments regarding this agreement. If you believe that BadSammy has not adhered to this Statement, please contact BadSammy at info@BadSammy. We will use commercially reasonable efforts to promptly determine and remedy the problem.

BadSammy.org / BADSAM token is founded by BadSammy Studios, LLC

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