Terms & Conditions

WELCOME TO AeroPax by NFT BRANDS INC.Hello, and welcome to AeroPax terms and conditions of use (“Terms of Use”). The Terms of Use you see below are important because they:●  Outline your legal rights;
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●  Explain conduct you may not engage in;
●  Explain the rights you give to us;
●  Describe the rules everyone needs to follow; and
●  Contain a class action waiver and an agreement to resolve any disputes individually by arbitration.

Please read these Terms of Use, our Privacy and Cookie Policy, and any other terms referenced in this document carefully.These Terms of Use, along with our Privacy and Cookie Policy (together “Terms”), constitute a binding legal agreement between NFT Brands Inc., and its subsidiaries and affiliates (“we”, “our” or “us”) and you, a person or entity (“you” or “your”) for your access to and use of this website (“Site”). By accessing and using this Site, you agree to these Terms. We (a) create collections of non-fungible tokens (“NFT”) in collaboration with elite public figures and brands to develop and launch custom NFT projects, (b) mint NFTs for sale on third-party marketplaces, (c) promote NFT collections, (d) distribute NFTs to consumers that purchased them, (e) distribute proceeds from sale of NFTs, and (f) validate ownership of NFTs (collectively the “Services”). If you do not agree to be bound by these Terms, then you may not access or otherwise use this Site.

Links

For further documentation refer to the following pages:
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1. Tesla Sweepstakes Official Rules
2. Privacy Policy
3. Cookie Policy
4. NFT License

For customer support or questions ("Customer Support Queries"), please email us at info@nftbrandsinc.com. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

In order to use our Site, you need to:a. Be at least 18 years old, or older if the legal age of majority in your state or territory is older than 18; andb. have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.You may not use this Site for any purpose that is (a) unlawful or (b) prohibited by these Terms or any applicable law. Please respect the Site. Don't engage in any of the following activities:

• Using offensive, abusive, defamatory, pornographic, threatening, or obscene language;
• Committing illegal acts, or intending to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or our proprietary rights or those of a third party;
• Incorporating malicious content such as malware, trojan horses, or viruses, or otherwise interferes with any user's access to the Site;
• Impersonating or misrepresenting your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
• Transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
• Being involved in commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by us while using our Site;
• Linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by us; and
• Interfering with or in any way disrupts the Site, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities of our computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to the Site or any part thereof; or conflicts with the Terms, as determined by us.

You promise and agree that you are using our Site for your own personal, non-commercial use and that you will not redistribute or transfer our Site.
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You also may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or attempt, or encourage or assist any other person, to do any of the foregoing), in whole or in part of our Site. You understand that some of the Site may be protected by security technology. You agree not to circumvent, disable, disassemble, alter, degrade, deactivate, or otherwise tamper with any of the security technology related to, or delivered with, our Site for any reason, or to attempt or assist another person to do so.

This Site and all of its content are owned by us and our partners, and is protected by copyright, trademark, trade secrets, and other applicable law. Any trademarks, logos, service marks, and other marks and indicators of source or origin (collectively “Trademarks”) that are displayed on this Site. Are our proprietary property or our respective licensors. Nothing contained on our Site should be construed as a license or right to use any Trademark displayed on our Site. You may not use, copy, modify or display any of the Trademarks appearing on our Site without our express written permission or the express written permission of the Trademark owner.
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Our Site is not sold or transferred to you, and we and our licensors retain ownership of all copies of our Site even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").

We may review comments, reviews, or other content, which you submit, (“User Content”) before posting and we reserve the right to not post or later remove content that we deem inappropriate or for any reason, at our discretion. While we reserve this right to monitor the website, we are also under no responsibility to do so and are not responsible for content that users post.
Any information, material, or ideas that you post to this website will be considered non-confidential and non-proprietary. We are free to copy, disclose, incorporate, and otherwise use anything that you post to this website without notice, compensation, or other obligation to you.
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Comments, reviews, and other content on this website come from members of the public and we do not necessarily endorse or approve of their content. We do not pay or in any way compensate users for posting comments.

We hereby grant you a limited, non-exclusive, revocable license to make use of this Site (the "License"). This License will remain in effect until and unless terminated by you or us.
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You agree to abide by these Terms and to not use the Site, its Contents, or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in these Terms, we grant you no right, title, or interest in our Site, by implication, estoppel or otherwise. All rights not expressly granted to you are expressly reserved by us.

In consideration for the rights granted to you under these Terms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, prepare derivative works of, distribute, and otherwise exploit your User Content in connection with the Site through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. You agree that this license includes the right for us to provide, promote, and improve the Site, and to make User Content submitted to or through the Site available to other companies, organizations or individuals, subject to these Terms. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Site as the use of the Site by you is hereby agreed as being sufficient compensation for the content and grant of rights herein.
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While we’re not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop the Site or if we think your content violates these Terms. You are solely responsible for all content that you provide and warrant that you either own it or are authorized to grant us the rights described in these Terms. You are responsible and liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party.
You also grant us the rights outlined in the Privacy and Cookies Policy for us to make use of as outlined therein.

You acknowledge and agree that posting any User Content that violates these Terms (or that we reasonably believe violates these Terms) may result in immediate termination or suspension of your access to our Site.
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The Terms will continue to apply to you until terminated by either you - by ceasing to use our Site - or us. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including feedback, is irrevocable and will therefore continue after expiry or termination of these Terms, for any reason. We may terminate or suspend your access to our Site at any time, including in the event of your actual or suspected unauthorized use of the Site, or non-compliance with the Terms. To the fullest extent permitted under applicable law, if we or you terminate access to our Site, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid.

This website may contain links to third-party websites and services, including social media (collectively, “External Sites”). We provide links to External Sites for your convenience only. If you access External Sites, you do so at your own risk.
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External Sites are not under our control and we do not take responsibility for External Sites or for any information or materials on, or any form of transmission received from, any External Site. The inclusion of a link does not imply our endorsement of an External Site or any association with the operators of the External Site. We do not investigate, verify, or monitor the External Sites.

To the extent permitted by applicable law, we disclaim any warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
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While our website has been compiled in good faith, we make no warranty or representation about the accuracy or completeness of the site’s content. Your use of our website is at your own risk. THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT APPEARING ON THIS WEBSITE, IS PROVIDED ON AN “AS-IS” BASIS.
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Downloading material from this website is done at your own risk. You are solely responsible for any damage or loss of data that results from downloading material from this website.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED AT THIS SITE OR ANY LINKED SITE, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE.
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THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR THE BARGAIN BETWEEN US AND YOU.

You agree to indemnify, defend, and hold us harmless from and against any third party claims, actions, liabilities, losses, costs, expenses, or damages of any nature whatsoever (including attorney’s fees) arising from or related to your misuse of this website or your violation of the Terms.

We shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond its control. You agree that your sole and exclusive remedy for any failure to perform or dissatisfaction with our Site is to stop using our Site.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
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You agree that any arbitration shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The arbitrator may award injunctive relief only in favor of the individualparty seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Our customer service department can resolve most user concerns quickly and to the user’s satisfaction. Please contact Support by email at info@nftbrandsinc.com.
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We and you agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or to your relationship with us as a user of the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual (not class) arbitration.
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Either you or we may start arbitration proceedings. Any arbitration between you and us will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. Both us and you agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Our address for Notice is: 9465 Wilshire Blvd. Beverly Hills, CA 90212. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of our last written settlement offer, then we will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Notwithstanding the above paragraphs, you and us both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

We reserve the right to modify these Terms of Use, at any time, without prior notice, to you. Therefore, we recommend that you read these Terms of Use carefully each time you use our Site. Any modifications to the Terms of Use will be effective upon posting. Your continued use of our Site after any modifications indicates your acceptance of the modified Terms of Use.

If any provision of these Terms of Use is declared void or unenforceable, such provision shall be deemed severed from these Terms of Use, and the remainder of the Terms of Use shall otherwise remain in full force and effect.

The laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. Any dispute relating in any way to your use of the website shall be resolved in the courts of the State of California, and you consent to the exclusive jurisdiction and venue in such courts.

We welcome comments, questions, concerns, or suggestions. Please send us feedback via email at info@nftbrandsinc.com.
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THESE TERMS OF USE WERE LAST UPDATED: March 1, 2023.