SyftGG

Terms

1. Introduction


Welcome to the Syft.gg website, owned and operated by SFYT, Inc. (a/k/a “SYFT,” “we,” “us” or “our”). These Terms of Use (“Terms”) govern your access to the use of the Syft.gg website; including without limitation to the creation, purchase, sale, exchange, or modification of our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SYFT. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Syft.gg reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. Because we have a growing number of services, we sometimes need to describe additional terms for those specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.


2. Privacy Policy


Please refer to our PRIVACY POLICY for information about how we collect, use and share personal information about you.


3. General Use.


By using this Website, You attest to the fact that You are at least 13 years of age. If You are not yet 18 years old, You must have the permission of an adult to use this Website and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for Your use of this Website.


4. Using This Website and The Website’s Services.


We are excited that you choose to visit our Website and we allow and encourage You to stop by and leisurely check it out without even registering with Us.

However, in order to access certain password-restricted areas of this Website (such as purchasing agency services) and to use certain Services offered by us and through this Website, You must successfully register an account with Us.


5. Account Registration and Communication Preferences


If you wish to use password-restricted areas of this website, you will need to register for an account on the Service (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. Syft will block multiple accounts of the same user. Also, you agree that you will not:

A. create another account if we’ve disabled one you had unless you have our written permission first;

B. create another account if we’ve disabled one you had unless you have our written permission first;

C. buy, sell, rent or lease access to your Account or username unless you have our written permission first;

D. share your Account password with anyone; or

E. log in or try to log in to access the Service through unauthorized third-party applications or clients.

By creating an Account, you consent to receive electronic communications from Syft (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

By submitting personal data through our Site or Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal data in accordance with the PRIVACY POLICY .
You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile device that is suitable to connect with and use Service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or services.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Syft or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.


6. Syft.gg Marketplace


As part of the Services offered in connection with the Website (the “Syft.gg Marketplace”), You may be permitted to use the Services as a “Buyer” or a “Creator”. Buyers are able to purchase social media posts, product placement, song placement, and other social media engagements from Our Creators who provide for the same. There may be additional terms applicable to the purchasing from certain Creators on that Creator’s page or otherwise set forth on the website . As a Creator, You acknowledge and agree that your Submissions as set forth below and are subject to the terms, restrictions, assignments and licenses below regarding the same. You acknowledge and agree that We will receive a portion of the fees paid for a purchase made via the Syft.gg Marketplace. You understand and agree that we merely provide a platform for Marketplace and are not a party to any transaction regarding the purchasing or selling. You agree to indemnify Us for any losses related to your purchase (as a Buyer) or your creation and sale (as a Creator). YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO THE TRANSACTIONS AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO MADE VIA THE SYFT.GG MARKETPLACE.


7. Payments


You agree to pay all applicable fees related to Your use of this Website and Our Services which are described fully on Our Payment Page. We may suspend or terminate Your account and/or access to Our Services and this Website if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership and utilized services.

We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.

All payments will be made to a Syft.gg Wallet. Information collect by Us for You to use your Syft.gg Wallet will be confidential and subject to all the relevant Sections of this Term of Service.


8. Ownership


Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation to, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Syft or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary contained in these Terms, the Services and Content may include software components provided by Syft or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The Syft.gg logo and any Syft.gg product or service names, logos or slogans that may appear on the Service are trademarks of Syft or our affiliates and cannot be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Syft.gg” or any other name, trademark or product or service name of Syft.gg or our affiliates without our prior written permission. In addition, the look and feel of the Services and the Content, including and without limitation to, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Syft.gg and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names and Syft.gg names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Syft.


9. License to Access and Use Our Service and Content


You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.


10. Hyperlinks


You are granted a limited, nonexclusive, non-transferable right to create a text hyperlink to the Services for non-commercial purposes, provided that such link does not portray Syft.gg or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of Syft.gg to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Syft.gg trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.


11. Third Party Services


The Service may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of Syft. Syft is not responsible for any Third-Party Websites or Third-Party Applications. Syft provides these Third-Party Websites and Third-Party Applications only for convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to said Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Services, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.


12. User Conduct


You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service. You agree that you will abide by these Terms and will not:

a. Provide false or misleading information to Us;

b. Use or attempt to use another user’s Account without authorization from such user;

c. Create or list counterfeit items;

d. Pose as another person or create a misleading username;

e. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;

f. Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;

g. Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;

h. Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;

i. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;

j. Use data collected from our Service to contact individuals, companies, or other persons or entities;

k. Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

l. Bypass or ignore instructions that control all automated access to the Service;

m. Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;

Please do not create illegal or offensive content, such as products that depict graphic sexual acts and images that depict children under the age of 18 in a sexually suggestive manner. Do not use profanity or graphic language in any content you create for Us.

If you become aware of the creation in violation of any of the terms specified in this section, you shall contact us here to report it. Creators bear special responsibility for informing Us of the existence of Content that violate these terms.


13. Submissions.


Certain areas of this Website may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.


14. User Information and Copyright


You are solely responsible for your use of the Services and for any User Information you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the User Information posted or listed via the Services. You retain your rights to any User Information you submit, post, or display using the Services.

By submitting, posting or displaying User Information on or through the Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Services or through tools or applications we provide for posting or sharing such content (collectively “User Information”) for our lawful business purposes, including to provide, promote, and improve the Services.

We do not claim that by submitting, posting or displaying User Information on or through the Services gives Us any ownership or resale rights in your User Information. We're not saying we own it or will resell it. We're just saying we might show it off a bit.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Information that you submit, post or display on or through the Services. You agree that such User Information will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Us the license described above.

We reserve the right to remove any content without prior notice. We will take down works in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.

If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:

1001 Wilshire Blvd., Suite #1144, Los Angeles, CA, 90017, Attn: Syft, INC Formal infringement claims regarding content on the Services must include:

a. A written communication delivered to the agent designated above;

b. A physical or electronic signature of someone authorized to act on behalf of the copyright owner;

c. Identification of the copyrighted work(s) allegedly infringed;

d. Identification of material claimed to be infringing, reasonably sufficient to permit Company to locate the material;

e. Information reasonably sufficient to permit Company to contact the complaining party.
This can be an address, phone number, email address, or other suitable method of contact;

f. A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and”

g. A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of copyright owner.


15. Indemnification


To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Us harmless 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 “Syft” Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, 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 or User Information (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party. You agree to promptly notify Us of any third- party Claims and cooperate with the Syft Parties in defending such Claims. You further agree that the Syft Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SYFT.


16. Disclaimers and Limitation of Liability


EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SERVICE, CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SYFT (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SYFT 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 AS TO THE SERVICE, CONTENT CONTAINED THEREIN. SYFT DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE 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 SYFT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, SYFT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR CONTENT LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SYFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, 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 TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SYFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR SYFT 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.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF SYFT FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF SYFT’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF SYFT’S FRAUD OR FRAUDULENT MISREPRESENTATION

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.


17. Modifications to the Service


We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefore.


18. Dispute Resolution; Arbitration.


Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Us and limits the manner in which you can seek relief from us.

a. Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Syft may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address at 1001 Wilshire Blvd., Suite #1144, Los Angeles, CA, 90017. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ ; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, We will pay them for you. In addition, We will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Authority of Arbitrator: The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Syft. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

d. Waiver of Jury Trial: YOU AND SYFT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Syft are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

e. Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of California. All other claims shall be arbitrated.

f. 30-Day Right to Opt Out: You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Syft, Inc., 1001 Wilshire Blvd., Suite #1144, Los Angeles, CA, 90017, within 30 days after first becoming subject to this Arbitration Agreement. You may also submit your decision here. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

g. Severability: Except as provided in Section 17(E), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Us.

i. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if We make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Syft,Inc at the following address: 1001 Wilshire Blvd., Suite #1144, Los Angeles, CA, 90017.


19. Governing Law and Venue


These Terms, your access to and use of the Service and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles of the State of California, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Los Angeles County in the State of California, and the United States, respectively, sitting in the State of California.


20. California Consumer Notice


Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Syft, Inc. If You have purchased anything from the Site or through the Service, a description of what You have purchased and relevant pricing information are posted as part of the ordering process for this Site (please consult Your individual purchase confirmation e-mail for the charges You incurred). If You have a question or complaint regarding the Website or Service, please contact Customer Service at Support@syft.gg. You may also contact Us by writing to Us at Syft,Inc at the following address: 1001 Wilshire Blvd., Suite #1144, Los Angeles, CA, 90017. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.


21. Termination


Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.


22. Severability


If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.


23. Entire Agreement:


This Agreement cancels and supersedes all prior agreements and understandings between the parties relating to the subject matter hereto, and contains all of the terms, conditions and promises of the parties hereto in connection therewith; and no modification of any provision hereof shall be valid or binding unless in writing signed by each party hereto. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS AND USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Services


24. Contact Us


If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at Support@syft.gg.

END OF AGREEMENT