LSLTTT HOLDINGS LLC (DOING BUSINESS AS “PUDGY PENGUINS”) CELEBRATES REPRESENTATION, INCLUSIVITY AND EQUAL OPPORTUNITIES FOR ALL, THROUGH ITS COMMUNITY, WEB3 INITIATIVES AND COLLECTIONS OF NON-FUNGIBLE TOKENS (“NFT”) BASED ON THE ETHEREUM BLOCKCHAIN TO WHICH ARE ATTACHED VISUAL ASSETS REPRESENTING UNIQUE, WADDLING AND DIVERSE PENGUINS (“PUDGY PENGUINS NFT”).
THESE TERMS AND CONDITIONS (“TERMS”) RULE THE RELATIONSHIP BETWEEN PUDGY PENGUINS AND ANY PERSON (“USER”, “YOU”) ACCESSING AND/OR USING PUDGY PENGUINS’ WEBSITE (WWW.PUDGYPENGUINS.COM, ALSO REFERRED TO HEREIN AS “PUDGY PENGUINS WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PUDGY PENGUINS WEBSITE.
THE PUDGY PENGUINS WEBSITE IS INTENDED TO USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. THUS, BY USING THE PUDGY PENGUINS WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND YOU ARE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS EXHAUSTIVELY AND UNCONDITIONALLY.
IF THE USER IS UNDER EIGHTEEN (18) YEARS OLD, THE USER UNDERTAKES TO OBTAIN THE PRIOR AND EXPRESS CONSENT OF HIS/HER PARENT OR LEGAL GUARDIAN TO USE THE PUDGY PENGUINS WEBSITE AND TO REVIEW THE TERMS WITH THEM. THE PARENT OR LEGAL GUARDIAN OF A USER UNDER EIGHTEEN (18) YEARS OLD UNDERTAKES TO ABIDE BY THESE TERMS AND ACKNOWLEDGES TO BE RESPONSIBLE FOR THE ACTIVITIES OF THE USER ON THE PUDGY PENGUINS WEBSITE.
IN CASE OF YOUR DISAGREEMENT, IN WHOLE OR IN PART, WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE ANY AND ALL USE OF THE PUDGY PENGUINS WEBSITE.
THE TERMS MAY BE UPDATED FROM TIME TO TIME AS PUDGY PENGUINS MAY DEEM NECESSARY OR USEFUL.
IN THE EVENT YOU DO NOT AGREE TO THE TERMS, INCLUDING AS MAY BE AMENDED, YOU SHALL CEASE ANY AND ALL UTILIZATION OF THE PUDGY PENGUINS WEBSITE AND RELATED SERVICES.
YOU ARE PERSONALLY RESPONSIBLE FOR SETTING UP THE IT AND TELECOMMUNICATIONS RESOURCES REQUIRED TO ACCESS THE PUDGY PENGUINS WEBSITE AND USE THE SERVICES. YOU SHALL BEAR THE COST OF TELECOMMUNICATIONS WHEN ACCESSING THE INTERNET TO USE THE PUDGY PENGUINS WEBSITE.
PUDGY PENGUINS RESERVES THE RIGHT TO, WITHOUT NOTICE NOR COMPENSATION, TEMPORARILY OR PERMANENTLY, CLOSE THE PUDGY PENGUINS WEBSITE OR ACCESS TO ONE OR MORE SERVICES IN ORDER TO PERFORM MAINTENANCE OPERATIONS. PUDGY PENGUINS MAY CARRY OUT ANY CHANGES AND IMPROVEMENTS TO THE PUDGY PENGUINS WEBSITE AND SERVICES THAT IT DEEMS NECESSARY.
IN THE EVENT YOU DO NOT AGREE TO THE TERMS, INCLUDING AS MAY BE AMENDED, YOU SHALL CEASE ANY AND ALL UTILIZATION OF THE PUDGY PENGUINS WEBSITE AND RELATED SERVICES.
THE PUDGY PENGUINS WEBSITE GIVES YOU ACCESS TO FUNCTIONALITIES, FEATURES AND SERVICES RELATED TO PUDGY PENGUINS NFT COLLECTIONS AND COMMUNITY (THE “SERVICES”).
ACCESS TO SOME SERVICES MAY ONLY BE AVAILABLE TO THE HOLDER OF A PUDGY PENGUIN NFT AND REQUIRE PROOF OF OWNERSHIP BY CONNECTING A SUPPORTED BLOCKCHAIN-BASED DIGITAL WALLET TO THE PUDGY PENGUINS WEBSITE (“DIGITAL WALLET”).
DIGITAL WALLETS ARE THIRD-PARTY PRODUCTS AND SERVICES THAT ARE NOT AFFILIATED, IN ANY WAY WHATSOEVER, WITH PUDGY PENGUINS NOR IN ITS CUSTODY OR CONTROL. ACCESS AND USE OF DIGITAL WALLETS ARE AT THE USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR DIGITAL WALLET SECURITY, INCLUDING ASSOCIATED PASSWORDS, SEED WORDS, AND KEYS. PUDGY PENGUINS SHALL NOT, IN ANY EVENT WHATSOEVER, BE HELD RESPONSIBLE FOR ANY RISK ASSOCIATED WITH YOUR ACCESS AND/OR USE OF A DIGITAL WALLET. IN THE EVENT YOU LOSE OR CAN NO LONGER ACCESS YOUR DIGITAL WALLET, PUDGY PENGUINS CANNOT RETRIEVE YOUR PUDGY PENGUINS NFT FROM YOUR DIGITAL WALLET.
THE PUDGY PENGUINS WEBSITE GIVES YOU ACCESS TO FUNCTIONALITIES, FEATURES AND SERVICES RELATED TO PUDGY PENGUINS NFT COLLECTIONS AND COMMUNITY (THE “SERVICES”).
ACCESS TO SOME SERVICES MAY ONLY BE AVAILABLE TO THE HOLDER OF A PUDGY PENGUIN NFT AND REQUIRE PROOF OF OWNERSHIP BY CONNECTING A SUPPORTED BLOCKCHAIN-BASED DIGITAL WALLET TO THE PUDGY PENGUINS WEBSITE (“DIGITAL WALLET”).
DIGITAL WALLETS ARE THIRD-PARTY PRODUCTS AND SERVICES THAT ARE NOT AFFILIATED, IN ANY WAY WHATSOEVER, WITH PUDGY PENGUINS NOR IN ITS CUSTODY OR CONTROL. ACCESS AND USE OF DIGITAL WALLETS ARE AT THE USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR DIGITAL WALLET SECURITY, INCLUDING ASSOCIATED PASSWORDS, SEED WORDS, AND KEYS. PUDGY PENGUINS SHALL NOT, IN ANY EVENT WHATSOEVER, BE HELD RESPONSIBLE FOR ANY RISK ASSOCIATED WITH YOUR ACCESS AND/OR USE OF A DIGITAL WALLET. IN THE EVENT YOU LOSE OR CAN NO LONGER ACCESS YOUR DIGITAL WALLET, PUDGY PENGUINS CANNOT RETRIEVE YOUR PUDGY PENGUINS NFT FROM YOUR DIGITAL WALLET.
USER MAY RESELL AND/OR PURCHASE PUDGY PENGUINS NFT ON THIRD-PARTY PLATFORMS AS PART OF SECONDARY SALES.
PLATFORMS DEDICATED TO SECONDARY SALES ARE THIRD-PARTY SERVICES THAT ARE NOT AFFILIATED WITH PUDGY PENGUINS AND WHICH ACCESS AND USE ARE AT USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS.
PUDGY PENGUINS MAY BENEFIT FROM A PERCENTAGE OF THE RESALE PRICE OF YOUR PUDGY PENGUINS NFT, AS SET FORTH ON THE PUDGY PENGUINS WEBSITE AND SUBJECT TO THE THIRD-PARTY PLATFORM’S POLICY ON WHICH THE RESALE IS COMPLETED.
YOU UNDERTAKE TO ONLY RESELL AND/OR PURCHASE PUDGY PENGUINS NFT ON THIRD-PARTY PLATFORMS THAT (I) CRYPTOGRAPHICALLY VERIFY EACH NFT OWNER’S RIGHTS TO DISPLAY AND LIST A PUDGY PENGUINS NFT FOR SALE, TO ENSURE THAT ONLY THE ACTUAL OWNER OF THIS NFT CAN PROCEED WITH ITS RESALE, AND (II) PROVIDE FOR A PERCENTAGE OF THE RESALE PRICE TO BE AUTOMATICALLY GRANTED TO PUDGY PENGUINS UPON RESALE.
BY RESELLING AND/OR PURCHASING A PUDGY PENGUINS NFT ON AN AUTHORIZED THIRD-PARTY PLATFORM, YOU AGREE TO ABIDE BY THESE TERMS.
USERS SHALL NOT, DIRECTLY OR INDIRECTLY, WITHOUT BEING EXPRESSLY AUTHORIZED BY THESE TERMS AND/OR THE DIGITAL OWNERSHIP ASSIGNMENT, OR BY PRIOR WRITTEN CONSENT OF PUDGY PENGUINS, IN ANY WAY WHATSOEVER:
(I) COPY, MODIFY, COMMUNICATE, TRANSMIT OR CREATE ANY DERIVATIVE WORK, USE, COMMERCIALIZE OR REPRODUCE ALL OR PART OF THE PUDGY PENGUINS WEBSITE AND/OR PUDGY PENGUINS PROPERTY, AND RELATED INTELLECTUAL PROPERTY RIGHTS OF PUDGY PENGUINS, OR REGISTER OR ATTEMPT TO REGISTER ANY TRADEMARK OR COPYRIGHT OR OTHERWISE ACQUIRE ADDITIONAL INTELLECTUAL PROPERTY RIGHTS IN OR TO ANY PUDGY PENGUINS PROPERTY; USE THE PUDGY PENGUINS WEBSITE OR ANY PUDGY PENGUINS PROPERTY TO CREATE, ENDORSE, SUPPORT, PROMOTE OR CONDONE ANY CONTENT, MATERIAL OR SPEECH THAT IS, OR MAY BE DEEMED TO BE BY PUDGY PENGUINS AT ITS SOLE DISCRETION, DEFAMATORY, OBSCENE, PORNOGRAPHIC, INDECENT, ABUSIVE, OFFENSIVE, HARASSING, VIOLENT, HATEFUL, RACIST, DISCRIMINATORY, INFLAMMATORY OR OTHERWISE OBJECTIONABLE OR INAPPROPRIATE; AND, IN GENERAL, ACCESS, DOWNLOAD, UPLOAD, SHARE, COMMUNICATE ANY CONTENT AND/OR USE THE PUDGY PENGUINS WEBSITE OR PUDGY PENGUINS PROPERTY IN A WAY THAT MAY INFRINGE THE RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF PUDGY PENGUINS OR THIRD PARTIES, DAMAGE THE REPUTATION, RIGHTS AND INTERESTS OF PUDGY PENGUINS, OR FALSELY SUGGEST AN AFFILIATION WITH OR ENDORSEMENT BY PUDGY PENGUINS.
(II) DECOMPILE, DISASSEMBLE THE PUDGY PENGUINS WEBSITE, REVERSE ENGINEER OR ATTEMPT TO DISCOVER OR RECONSTRUCT THE SOURCE CODE, THE IDEAS ON WHICH IT IS BASED, THE ALGORITHMS, THE FILE FORMATS OR THE PROGRAMMING OR INTEROPERABILITY INTERFACES OF THE PUDGY PENGUINS WEBSITE EXCEPT TO THE EXTENT PERMITTED BY LAW, IN ANY MANNER WHATSOEVER. IN THE EVENT THE USER WISHES TO OBTAIN THE INFORMATION NECESSARY TO IMPLEMENT THE INTEROPERABILITY OF PUDGY PENGUINS THE WEBSITE WITH OTHER SOFTWARE DEVELOPED OR INDEPENDENTLY ACQUIRED BY THE USER, FOR USE IN ACCORDANCE WITH THE DESTINATION OF THE PUDGY PENGUINS WEBSITE, THE USER UNDERTAKES, BEFORE RELYING ON A THIRD PARTY, TO FIRST CONSULT PUDGY PENGUINS WHICH MAY PROVIDE THE NECESSARY INFORMATION FOR THE IMPLEMENTATION OF SUCH INTEROPERABILITY. THE USER ACKNOWLEDGE THAT, WHERE APPROPRIATE, THE EXACT COST INCURRED INTERNALLY BY PUDGY PENGUINS FOR PROVIDING THIS INFORMATION WILL BE INVOICED BY PUDGY PENGUINS TO THE USER;
(III) PROCEED ALONE, OR WITH HELP OF A THIRD-PARTY SERVICE PROVIDER, TO CORRECT OF ANY ERRORS IN AND/OR ALTER ANY CONTENT OF THE PUDGY PENGUINS WEBSITE IN ORDER TO MAKE IT CONFORM TO HER/HIS OWN PURPOSES (PUDGY PENGUINS ALONE RESERVES FOR ITSELF THE EXERCISE OF THIS RIGHT IN ACCORDANCE WITH EXCEPTIONS PROVIDED BY LAW); OR INTEGRATE OR COMBINE THE PUDGY PENGUINS WEBSITE WITH OTHER SOFTWARE OR DOCUMENTS OR CREATE COMPOSITE OR DERIVATIVE WORKS WITH HELP OF ALL OR PARTS OF THE PUDGY PENGUINS WEBSITE;
AND, IN GENERAL, VIOLATE ANY LAW OR REGULATION, OR MAKE ANY USE OF THE PUDGY PENGUINS WEBSITE, SERVICES OR PUDGY PENGUINS PROPERTY THAT MAY BE DEEMED CONTRARY TO PUBLIC ORDER OR UNFAIR.