This website (the “Site”) is operated by Pixel Bird, LLC (“Pixel Bird”). Throughout the Site, the terms “we”, “us” and “our” refer to Pixel Bird. Pixel Bird offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by the Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence. If you are not at least the age of majority in your state or province of residence you may not purchase any products using the Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms may result in an immediate termination of your account and/or access to the Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this Site. You may not republish Pixel Bird content or other content from this website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Site is virus free.
If you are under the age of 13, you may not use this Site.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
For any non-fungible token (“NFT”) purchase that includes items and/or services provided by Sponsor or athletes affiliated with Sponsor (“NFT Deliverables”) Sponsor shall deliver such items and/or services to the owner of such NFT (the “NFT Holder”) in a commercially reasonable manner and in a manner that is reasonably consistent with any description of the NFT Deliverables provided by Sponsor in connection with the marketing and sale of such NFT. The NFT Holder is responsible for any and all expenses and incidentals not arranged through Sponsor and included as part of the NFT Deliverables, including, but not limited to, gratuities, meals, taxes, airfare and other transportation. Any NFT Deliverables that provide for travel benefits, personal experiences and/or services are nontransferable and non-assignable and the NFT Holder cannot substitute any such travel benefits, personal experiences or services for cash. NFT HOLDERs ARE SOLELY RESPONSIBLE FOR THE PAYMENT OF TAXES, FEES, AND OTHER EXPENSES INCIDENTAL TO THE NFT DELIVERABLES AND NOT SPECIFICALLY INCLUDED IN THE DESCRIPTION OF THE NFT DELIVERABLES PROVIDED BY SPONSOR.
By purchasing an NFT that provides for NFT Deliverables, each NFT Holder agrees that (1) the purchase of the NFT will acknowledge his or her understanding and agreement with these Terms of Services, including all eligibility requirements, (2) the Sponsor, its parent, affiliates, agencies and employees shall not be liable for any injury, loss or damage of any kind, including, without limitation, any property damage, personal injury and/or death, resulting from participating in receiving or participating in the NFT Deliverables or from the acceptance, possession or use of any of the NFT Deliverables. Also, all NFT Holders consent to exclusive jurisdiction of the Douglas County Court in Omaha, Nebraska, or the U.S. District Court for the federal district encompassing Douglas County, for any action or proceeding by either of them in connection with the NFT or the NFT Deliverables.
NFT HOLDER’S CONSENT
By accepting NFT Deliverables, the NFT Holder consents, where lawful, to the use, without charge or compensation, of the NFT Holder’s name, residence, identity, voice and/or photograph or likeness for publicity, advertising or promotional purposes without limitation or compensation. All NFT Holders that accept NFT Deliverables will be required to sign an Affidavit of Eligibility and Compliance/Publicity and Liability Release, and return it, properly executed, prior to receiving any NFT Deliverables. Failure to return the documents as specified will result in the NFT Holder being disqualified from the receipt of any NFT Deliverables.
DISCLAIMER OF LIABILITY AND LIMITS
Neither the Sponsor, nor its parent, affiliates, subsidiaries, divisions, advertising and promotion agencies, or any telephone network or service providers (the “Related Entities”), are or will be responsible for: any injury, loss or damage of any kind, including, without limitation, any property damage, personal injury and/or death, resulting from participating in the NFT Deliverables or from the acceptance, possession or use of any NFT Deliverable; any incorrect or inaccurate transcription of entry information; any errors in the content or display of any description of the NFT Deliverables or information posted about holders of NFT Deliverables; any human error; technical malfunctions; lost/delayed data transmission; omission, interruption, deletion, defect or line failures of any telephone network, computer equipment, software, or inability to access any web site or online service; or any other error or malfunction, or late, lost, postage due, illegible or misdirected communications. IN NO EVENT SHALL THE SPONSOR OR ITS RELATED ENTITIES BE LIABLE TO ANY NFT HOLDER FOR DAMAGES THAT EXCEED THE VALUE OF THE NFT DELIVERABLES OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING UNDER OR RELATED TO THE NFT DELIVERABLES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
MODIFICATIONS TO THE TERMS OF SERVICE: Sponsor reserves the right to modify the Terms of Service in any way or at any time, in its sole discretion. All such revisions will be posted on this web site. NFT Holders are bound by any such revisions and should therefore periodically visit this page to review the Official Rules.
Certain products may be available exclusively online through the Site. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
THIRD-PARTY LINKS AND LINKS TO OUR SITE
Certain content and products available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction or use of such products or services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited use restrictions.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products delivered to you through the Site (including NFT Deliverables) are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pixel Bird, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of business opportunity, loss of data, business interruption, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content or product posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Pixel Bird and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable in a given jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service with respect to such jurisdiction. Such determination shall not affect the validity and enforceability of any other remaining provisions or of the offending provision in other jurisdictions where such a determination has not been made.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service with respect to your use of the Site at any time by notifying us that you no longer wish to use our Services and by ceasing to use the Site, or when you cease using our Site. Your obligations shall survive termination of the Terms.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and accordingly we may deny you access to our Services (or any part thereof), and you will remain liable for all amounts due up to and including the date of termination.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service) to the extent you use the Site after such updates have been made.
These Terms of Service and any separate agreements whereby we provide you NFT Deliverables shall be governed by and construed in accordance with the laws of the State of Nebraska. Any legal action or proceeding between Pixel Bird and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Nebraska. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
Questions about the Terms of Service should be sent to us at email@example.com