Last updated: April 15, 2024

SECTION 10 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

IF YOU DO NOT AGREE TO ALL OF THESE BURN ISLAND TERMS, PLEASE DO NOT PARTICIPATE IN THIS SERVICE, OR TERMINATE YOUR MEMBERSHIP, AS APPLICABLE.

1. Access to the BURN ISLAND® Service

1.1 The Burn Island Service

The Burn Island® platform (“Burn Island” or “Service”) is part of the reward program of Vee Friends, LLC, 10 Hudson Yards – 25th FL, New York, NY 10001 and its affiliates (hereby referred to as “VeeFriends” or “us”). The use of the Service is exclusively for eligible VeeFriends.com members (“Member” or “Members”) who are at least the age of majority in their jurisdiction of residence at time of enrollment and who can enter into legally binding agreements. The terms and conditions relating to the use of the Service are set out below and exist in conjunction with the  VEEFRIENDS Terms of Use (the “Agreement” or “Terms”). Corporations or other entities or organizations of any kind are not eligible for the Service.

1.2 Registration

To become a member of VeeFriends and have access to the Service, you must login into https://veefriends.com/ (“Site”) with internet access and enter their first name, last name, mailing address and email address. While registering, in addition to providing the required information, you must also accept these Terms. Once you have done so, registration is complete. Only the individual named as the account holder will be registered as a Member and will be entitled to access the Service. Limit one (1) account per Member.

1.3 Acceptance of Terms & Conditions

By accessing the Service or making transactions through the Site, specifically by clicking the "I AGREE", “REGISTER”, and/or similar buttons, you expressly indicate your acknowledgment and acceptance of these Terms and Conditions for use of the Service, all of the terms and conditions incorporated herein by reference, and the VeeFriends Privacy Policy. If you do not agree to these terms, you may not access or use the Service.

1.4 Acceptance of Electronic Communication

By registering to the Site, you provide your express consent to receive electronic communications, including promotional emails and redemption confirmation emails, and you agree that such electronic communications satisfy any legal requirements.

You can unsubscribe from promotion emails by clicking on the unsubscribe link found at the bottom of the electronic email communications. Unsubscribing from promotion emails does not affect your account status.

1.5 Redemption Types & Rewards

You can redeem certain specified VeeFriends NFTs (“Redemption Tokens”), in accordance with the following redemption types: Additional VeeFriends NFTS, alterations, additions, revisions or derivative works within existing VeeFriends NFTs (i.e. “Scene Swaps”), third party NFTs, physical items and merchandise and other virtual and physical experiences (each of the foregoing a “Reward” or collectively, “Rewards”).

1.6 Relationship between You and VeeFriends or the Merchant

The Rewards consist of any goods (whether in physical or digital form), live event access and services redeemed by you and distributed either by VeeFriends or by independent merchants (“merchant” or “merchants”) who make such Rewards directly available to you via Burn Island.

Every time you redeem a Reward created by and/or offered or distributed by a third party, you agree and acknowledge that the Service terms and conditions and the separate terms and conditions of the relevant merchant will apply to any Reward redemptions you make via the Service. Every time you redeem a Reward created by and/or or distributed by VeeFriends via the Service, you directly enter into an agreement VeeFriends. Every time you redeem a merchant reward via the Service, you directly enter into an agreement with the respective merchant. You agree to abide by all applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claim for damages. VeeFriends will not become a party to the transaction between you and the merchant. You must read and accept a merchant’s terms and conditions prior to redeeming any Reward with that merchant.

1.7 Use of the Service

You may only use Burn Island to make non-commercial, legitimate reservations or Reward redemptions, or to benefit from other redemption types, using Rewards for consumer, non-commercial purposes, made for the member’s personal use. You shall not use the Site or the Service for any other purpose, including to make any speculative, false, or fraudulent reservations or Reward redemptions. Rewards listed in the Service are subject to availability at the time you redeem your Rewards. Rewards may be subject to limited quantities and limited durations of sale. By accessing and/or using the Service, you authorize VeeFriends to consider any person using your information a legitimate user. Rewards can be redeemed only by the Member personally. Members must ensure that their login details are not used illegally and accept all responsibility to do so. VeeFriends bears no responsibility for any consequences of illegal use of a Member’s personal login details. VeeFriends reserves the right to refuse access to the Site in cases it determines to constitute misuse.

VeeFriends reserves the right to invalidate Rewards from a Member’s account, with notice, if it determines, in its sole discretion, that such Rewards were improperly credited to such Member account, or were obtained fraudulently, or are otherwise in violation of these Terms and Conditions. VeeFriends reserves the right to require proof of accrual of Redemption Token and reserves the right to delay the processing or redemption of any Rewards without notice, in order to assure compliance with these Terms and Conditions.

1.8 Restriction on Use

VeeFriends can exclude Members who use the Service unlawfully.

1.9 Tax Covenant

Both you and VeeFriends (each an “Exchanging Party” and collectively, the “Exchanging Parties”) acknowledge that the transactions are taxable barter transactions. Each Exchanging Party will pay his own transfer, sales and use, income tax, and any other Tax due on the Barter transaction as if the exchange had been made for cash equal to the fair market value of the property exchanged. Each Exchanging Party will seek a qualified Tax advisor to advise said Exchanging Party regarding which Taxes are due and in what amount on the taxable barter transaction and the exchanging Parties will each pay the Tax due as determined by the Tax advisor on a timely basis.

2. Customer Service

For general questions related to Burn Island and the redemption types, please contact burnisland@veefriends.com.

3. All Rewards

3.1 Terms

By registering and accessing the Service and specifically by clicking the "I AGREE", “REGISTER”, and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the terms and conditions or rules applicable to Rewards.

3.2 Participation

Access to the Service is free, but in order to gain such access, you must be a registered and active Member, in good standing, on the Site. The Service and its benefits are offered at VeeFriends’ sole discretion. We may, in our discretion, cancel, amend, modify, restrict, and/or terminate these Program Terms and/or the Service, or any aspect or feature of the Service, at any time without prior notice, even if such changes may affect Redemption Tokens already earned and/or the value of Rewards already accumulated and/or the ability to earn Redemption Tokens and/or redeem Rewards.

3.3 Redemption Token

Redemption Tokens are subject to VeeFriends’ terms and conditions applicable to the activity as set out on the Site and these Service terms and conditions. Redemption Tokens have no cash value and are not exchangeable for cash.

The Redemption Token structure is subject to modification or limitation at any time, with or without notice, in VeeFriends’ sole discretion, including, without limitation, the right to establish additional means of accruing Redemption Token, the right to modify and delete any or all of the recognized means of accruing Redemption Token existing at any given time, the right to change the Rewards available (including the value and types of Rewards, and the Rewards redemption terms), the right to change the type, quantity or allocation of Redemption Tokens required for redemption of any Reward, and the right to exclude specific types of transactions from Reward eligibility. Redemptions can only be awarded for consumer, non-commercial purposes, made for the member’s personal use.

3.4 No Conversion of Rewards or Redemption Token

Neither Rewards nor Redemption Token may be assigned, transferred, redeemed for cash or substituted. VeeFriends reserves the right in its sole and absolute discretion to award a substitute Reward of equal or greater value if the Reward described is unavailable or cannot be awarded, in whole or in part, for any reason. No substitution or transfer of a Reward is permitted except by the VeeFriends.

3.5 Rules for Sweepstakes, Contests, Raffles and Other Promotions. 

In addition to the Terms, any sweepstakes, contests, raffles or similar promotions (the, “Promotion(s)”) made available through the Services may be governed by Additional Terms that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to review any Additional Terms applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the Additional Terms of any Promotion conflict with these Terms, the Additional Terms of such Promotion shall control.

4. Reward Redemption

4.1 General

When redeeming Rewards via the Service, you can exchange such rewards for Redemption Tokens. Redemption Tokens have no monetary value. Qualifying purchases and actions, as reflected in VeeFriends’ records, shall be deemed correct, and VeeFriends reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on VeeFriends’ records and calculation of account information.

4.2 Redemption Token Redemption

You may obtain a Reward for the relevant Redemption Token that is indicated for each Reward in the Service. You must have the total required number of Redemption Tokens available in your account for the Reward at the time of redemption as well as any other requirements set forth for the relevant Reward. Redemption Tokens that are not in your custody and synced to your account at the time you place your redemption request are not available for Reward redemption. Redemption Tokens are deducted from your account and wallet as soon as the full amount of required Redemption Tokens for the Reward is redeemed. Following redemption, redeemed Redemption Tokens will be 'burned', destroyed and cease to exist in exchange for the Reward(s).

4.3 Reclaim of Redemption Tokens

Any Rewards redeemed by you with Redemption Tokens that have not been properly debited to your account or sent to you can be reclaimed from VeeFriends within three (3) months of redemption notification without compensation by contacting Customer Service as described in Section 2. Proof of redemption required. Redemption Tokens will not be reinstated for accounts that have been deleted.

5. Personal Information

5.1 Processing of Personal Information

VeeFriends and its service providers process personal information as required to operate the Service as explained in these Terms and Conditions and VeeFriends’ Privacy Policy. Merchant’s privacy policy will also apply with respect to Reward items of that merchant.

5.2 Confidentiality of Credentials

Access to and use of password protected and/or secure areas of the Service is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your account and password, and for restricting access to your computer to prevent unauthorized access to the Service. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the credentials are kept confidential and secure and should inform VeeFriends’ Customer Service team, as described in Section 2, immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. VeeFriends may suspend or terminate any account if VeeFriends suspects, in its sole discretion, that any Member or other person has engaged in fraudulent activity in connection with the Service.

6. Limitation of Liability

6.1 Contracting with VeeFriends

(a) Physical Goods. When purchasing rewards offered by VeeFriends through Burn Island, you enter into a purchase agreement with VeeFriends. As far as permissible by applicable law, VeeFriends hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the Rewards, including without limitation liability for any act, error, omission, injury, loss, accident, death, delay, or irregularity which may be incurred through the fault, negligent or otherwise, of VeeFriends and you hereby expressly exonerate VeeFriends from any liability with respect to the same. To the extent permitted by law, VeeFriends excludes all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of VeeFriends.

(b) Digital Goods/NFTs. As a peer-to-peer web3 service, VeeFriends helps you explore NFTs created by VeeFriends and third parties and interact with different blockchains. VeeFriends does not make any representations or warranties about this third-party content visible through our service, including any content associated with NFTs displayed on the service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on VeeFriends will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs.

These Terms solely govern the use of the Service. NFTs are available on public blockchains, are purchased, sold, or transferred between a buyer, seller and/or creator directly, and may be purchased, sold, or transferred by buyers, sellers, and/or creators without the use of our service and therefore without agreeing to our Terms. There may be terms and conditions that apply to the NFTs' themselves set directly between buyers, sellers, and/or creators with respect to the NFT including with respect to the use of the NFT content and rights and obligations associated with a given NFT ("NFT Terms"). For example, when you click to get more details about any of the NFTs or NFT collections visible on our Site or the Service or view the NFT metadata, you may notice a third-party link to NFT Terms governing the use of the NFT that you will be required to comply with. VeeFriends does not set the NFT Terms and is not party to any such NFT Terms, which are solely between the buyer, seller, and/or creator. The buyer, seller, and/or creator are entirely responsible for communicating, promulgating, agreeing to, and enforcing NFT Terms. You are responsible for reviewing such NFT Terms.

Sellers are solely responsible for determining and establishing the price of an NFT, inclusive of any applicable tax. Additionally, to the extent applicable, they are solely responsible for any mint count and minting mechanics for NFTs they sell.

For its services, VeeFriends may receive certain fees. VeeFriends does not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling an NFT, including but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by VeeFriends, it cannot refund them.

The service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of VeeFriends and may be “open” applications for which no recourse is possible. VeeFriends is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. VeeFriends provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

6.2 Contracting with Merchants

When purchasing rewards offered by merchants through Burn Island, you enter into a purchase agreement with the relevant merchant of the product, and not VeeFriends. You expressly acknowledge and agree that merchants are independent contractors and are not employees or agents of the VeeFriends. VeeFriends is not liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. VeeFriends shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the merchant on any Reward. As far as permissible by applicable law, VeeFriends hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the Rewards provided by any merchant through the Service, including without limitation liability for any act, error, omission, injury, loss, accident, death, delay, or irregularity which may be incurred through the fault, negligent or otherwise, of such merchant and you hereby expressly exonerate VeeFriends from any liability with respect to the same. To the extent permitted by law, VeeFriends excludes all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a merchant.

6.3 Indemnification.

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless VeeFriends, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “VeeFriends Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, Rewards, Redemption Tokens, NFTs, or content linked to or associated with any Rewards or NFTs and your failure to report or pay any applicable taxes related to the foregoing (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third party, and (e) your negligence or willful misconduct. You agree to promptly notify VeeFriends of any Claims and cooperate with the VeeFriends Parties in defending such Claims. You further agree that the VeeFriends Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND VEEFRIENDS.

6.4 Representations and Warranties by You.

You represent and warrant that You: (a) are at least the age of majority in Your place of residence (which is typically 18 years of age in most U.S. states) and has the legal capacity to enter into this Agreement, (b) will use and interact with the Site, Burn Island and Rewards only for lawful purposes and in accordance with this Agreement, and (c) will not use the Rewards to violate any law, regulation or ordinance or any right of VeeFriends, its licensors, merchants or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. You further agree that You will comply with all applicable laws, including but not limited to tax laws.

6.5 Disclaimers:

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE AND REWARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND VEEFRIENDS EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. VEEFRIENDS (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. VEEFRIENDS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VEEFRIENDS WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE VEEFRIENDS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, VEEFRIENDS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY REDEMPTION TOKENS, NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE VEEFRIENDS PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD VEEFRIENDS RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR LOSS OF USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). VEEFRIENDS AND/OR ANY OTHER VEEFRIENDS PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

NO VEEFRIENDS PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO VEEFRIENDS PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

6.6 No Professional Advice

The content and information contained in or made available through the Services (including but not limited to any reports, graphics, statistics, methodologies, illustrations, or practices disclosed therein) cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Services should be treated or construed as professional financial, tax, medical, psychological, or legal matters. You acknowledge that You are solely responsible and accountable for Your decisions, actions, and results regarding real estate and finances, tax, and personal health, and agree that the VeeFriends Parties shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Services.

6.7 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL VeeFriends OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY (A) FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF VEEFRIENDS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF VEEFRIENDS ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY VEEFRIENDS PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY VEEFRIENDS FOR ITS SERVICE TO YOU DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

6.8 Legal Remedies

VeeFriends reserves the right to seek all remedies available at law and in equity for any misuse of the Site or the Service and/or violations of these Terms and Conditions, including the right to block access from a particular internet address and to exclude you from accessing the Service.

Subcontracting

You expressly acknowledge and agree that neither VeeFriends nor any of VeeFriends’ subcontracting partners will have any liability to you to the maximum extent permitted by law, and, in particular, that the limitation of liability under Section 6 above will apply as between you and any of these parties to their benefit. VeeFriends’ subcontracting partners are not a party to any contract with you and/or with a merchant in relation to the Service.

8. Copyrights and Trademarks

The trademarks, logos, and service marks (collectively "MARKS") displayed on the Site and Service are the property of the VeeFriends or of the merchant or other third party, as the case may be. You are prohibited from using any MARKS for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of the VeeFriends or such other party which may own the MARKS. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

9. Updates to Terms and Conditions

These Terms and Conditions may be updated from time to time, at the sole discretion of the VeeFriends. Any changes will become effective upon our posting of the revised Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email and/or by posting notice of the changes on the Site.

10. Choice of Law and Dispute Resolution’

10.1 The Service and these Service Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within New York, New York, for any claims arising out of or relating to the Service or your participation therein or the Service site.

10.2 ANY DISPUTE, CONTROVERSY, OR CLAIM RELATED IN ANY WAY TO THE SERVICE, THESE SERVICE TERMS, YOUR SERVICE MEMBERSHIP, OR THE RELATIONSHIP BETWEEN VEEFRIENDS AND YOU SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE VEEFRIENDS’ INTELLECTUAL PROPERTY RIGHTS, VEEFRIENDS MAY SEEK INJUNCTIVE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. ARBITRATION UNDER THESE SERVICE TERMS SHALL BE CONDUCTED BY A SINGLE ARBITRATOR UNDER THE RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

10.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO DISPUTE UNDER THESE SERVICE TERMS SHALL BE JOINED TO A DISPUTE INVOLVING ANY OTHER PARTY SUBJECT TO THESE SERVICE TERMS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. YOU AGREE THAT YOU MAY BRING CLAIMS RELATED TO THE SERVICE, THESE SERVICE TERMS, YOUR SERVICE MEMBERSHIP, OR THE RELATIONSHIP BETWEEN VEEFRIENDS AND YOU AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.