TABOU1 Logo

Terms and Conditions

Effective Date: February 1, 2024


Welcome to www.tabou1.com


1. Introduction


These general terms and conditions, together with any additional terms expressly incorporated by reference herein (collectively, the "Terms") are entered into and form a binding contract by and between you (the "user" or "you") and TABOU1 Inc., a Delaware corporation ("Company," "we," or "us").


These Terms govern your access to and use of www.tabou1.com, including any content, functionality, and services offered on or through www.tabou1.com (the "Website"), whether as a guest or a registered user. These Terms also govern and apply to the purchase of any non-fungible tokens ("NFTs"), or any other products or items, that you may make on the Website.


Please read the Terms carefully as they contain important information and affect your legal rights. As outlined in Section 20 below, they include a mandatory arbitration agreement and class action waiver which require any disputes between us to be resolved through individual arbitration rather than by a judge or jury in court.


This Website is offered and available to users who are 18 years of age or older and reside in the United States. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you represent and warrant that you meet the eligibility requirements and you accept and agree to be bound and abide by these Terms and by our Privacy Policy, found at TABOU1 Privacy Policy, incorporated herein by reference. If you are not eligible to access the Website, or if you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.


YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH NFTS AND OTHER DIGITAL ASSETS, INCLUDING THOSE SET FORTH IN SECTION 16 OF THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, POTENTIAL VALUE, SUITABILITY, AND APPROPRIATENESS OF THE RISKS RELATING TO THE PURCHASE OF NFTS FOR YOURSELF


2. Changes to the Terms


We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Sections 19 and 20 will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.


Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.


3. Accessing the Website


To access the Website or some of the services it offers, you may be asked to provide certain credentials or other information. It is a condition of your use of the Website that all the information you provide to us is correct, current, and complete. You agree that all information you provide to us is governed by our TABOU1 Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


To make purchases on the Website, you must have and link a cryptocurrency wallet provided by a third-party and supported by the Company (a "Wallet"). All NFT purchases will be associated with and sent to the Wallet linked at the time of purchase. If you do not have an existing Wallet, you may use your email address or cellular phone number and credit card and to create and link a new Wallet during the payment process. Wallets created with a credit card during the payment process will be created through the third-party Paper app (https://paper.xyz/). By linking a Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any Wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens, or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of NFTs and/or funds held in your Wallet and any associated Wallets, including any linked financial information such as bank account or credit card information. You understand that your use of a third-party Wallet (including but not limited to a Wallet created through the Paper app) is subject to the terms and conditions of such third party, which are separate from these Terms. We are not responsible for managing or maintaining the security of your Wallet, nor for any unauthorized access to or use of your Wallet. If you notice any unauthorized or suspicious activity in your Wallet that seems to be related to this Website, please notify us immediately.


You agree to ensure that you exit from your account and/or Wallet at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or access your Wallet or other personal information.


We have the right to disable any user name, password, or other identifier of any registered user, whether chosen by you or provided by us, or to disable access to the features of NFTs at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.


We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.


You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.


4. Intellectual Property Rights


The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly permitted by these Terms, including as follows:


  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.


You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.


If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@tabou1.com.


If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Except for any limited license that may be expressly granted pursuant to these Terms, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.


The Company name, the term Tabou1, the Company logo, and all related names, logos, product and service names, designs, and slogans (collectively, the "Marks") are trademarks of the Company or its affiliates or licensors. You must not use such Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.


5. Prohibited Use


You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:


  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.


Additionally, you agree not to:


  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.


6. Monitoring and Enforcement; Termination


We have the right to:


  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


7. Copyright Infringement


If you believe that any content on the Website violates your copyright, please contact us at copyright@tabou1.com.


8. Reliance on Information Posted


The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.


9. Changes to the Website


We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


10. Information About You and Your Visits to the Website


All information we collect on this Website is subject to TABOU1 Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


11. NFT Purchases and Resales


By placing an order on the Website, you agree that you are submitting a binding offer to purchase an NFT under these Terms. You understand and acknowledge that each NFT available for purchase on the Website is subject to and governed by the provisions of the applicable smart contract for such NFT (the "Smart Contract") and the associated blockchain network, as well as any additional terms between us.


Each purchaser of an NFT is granted a limited license to such NFT and its content to access, use, or store such NFT and its content solely for personal, non-commercial purposes. NFTs are a digital creation based upon content that may be trademarked and/or copyrighted and/or licensed by the Company. Unless otherwise specified herein or in the applicable Smart Contract, your purchase of an NFT does not give you the right to publicly display, publish, perform, distribute, sell, or otherwise reproduce the NFT or its content for any commercial purpose. You acknowledge and agree that you are not receiving any copyright interest in the NFT or its content, and you further acknowledge and agree that the Company may sell, license, modify, display, broadcast and create derivative works based upon your NFT or its content. Any commercial exploitation of the NFT could subject you to claims of copyright infringement.


All amounts due are to be paid to the Company. You agree to pay any applicable fees associated with the transaction and you authorize us to automatically charge and collect such fees from your payment. The Company may, but is under no obligation to, pay gas fees directly, in its sole discretion.


Any physical items included with the purchase of an NFT shall be shipped to the purchaser. You are responsible for providing us with your complete and accurate mailing address and any other contact information that we may request. We will not be liable for shipments that are delayed, or for shipments that cannot be delivered (including because of an incorrect or incomplete mailing address).


NO REFUNDS OF NFTS (AND NO REFUNDS OR RETURNS OF ANY PHYSICAL ITEMS INCLUDED WITH THE PURCHASE OF NFTS) ARE PERMITTED, EXCEPT (A) WITH RESPECT TO ANY STATUTORY WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED BY LAW AND (B) AS REQUIRED BY LAW.


You acknowledge and agree that the Company has the right to receive a certain royalty percentage ("Royalty") on each NFT sale on the Website, and on any and all subsequent resales on secondary NFT marketplaces, in accordance with the terms of the applicable Smart Contract and as detailed below. The specific Royalty percentage shall be specified in the applicable Smart Contract for each NFT.


Any NFTs that you purchase on the Website may be resold on secondary NFT marketplaces that enable payment to the Company of the applicable Royalties. For example, if an NFT originally purchased on the Website is subsequently offered for resale on a secondary NFT marketplace for $100, and the applicable Smart Contract for that NFT specifies a Royalty rate of 10%, then the purchaser of the NFT on that secondary marketplace will pay $100, the seller of the NFT on that secondary marketplace will receive $90, and $10 shall be payable and transferred to the Company.


Additional terms and conditions may apply to purchases on the Website (for example, terms relating to bonus NFTs). Any and all such additional terms and conditions are hereby incorporated by this reference into these Terms.


12. Linking to the Website and Social Media Features


You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.


You must not:


  • Establish a link from any website that is not owned by you (other than from your personal accounts on social media websites).
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage, the "New Drop" page, and/or the "Shop" page.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.


You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.


13. Third-Party Links and Content


The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of such third-party websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


This Website includes content provided by third parties, including materials provided by third-party licensors. All statements and/or opinions expressed in these materials, and all other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


14. Geographic Restrictions


The Website is owned by the Company. We provide this Website for use only by persons who are located in the United States, have accepted these Terms, and are eligible to use the Website. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


15. Disclaimers


You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.


TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


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., POLYGON BLOCKCHAIN). COMPANY AND/OR ANY OTHER COMPANY PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

NO COMPANY 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, WALLET INTERFACE, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO COMPANY 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.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


16. Assumption of Risk


You accept and understand and acknowledge the following:


  • The value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money or value.
  • You are responsible for any fees related to use of the Website, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.
  • The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs and crypto-currencies. NFTs and crypto-currencies are not legal tender and are not backed by the US and other governments.
  • You are solely responsible for determining what, if any, taxes apply to your transactions relating to the NFTs and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We are not responsible for determining, withholding, collecting, reporting, or remitting any taxes that may apply to your NFTs or the sale or purchase of your NFTs.
  • We do not control the public blockchains that you are interacting with and protocols that may be integral to your ability to complete transactions on these public blockchains. Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
  • The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear.
  • You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs.
  • You agree and understand that you access and use this Website at your own risk; however, this brief section does not disclose all of the risks associated with NFTs and other digital assets. There are risks associated with using internet and blockchain based products, including but not limited to, the risk associated with hardware, software, and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your Wallet. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Website or NFTs or any blockchain network, however caused.
  • The Website relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Website will suffer.
  • In the event of license limitations, claims of infringement by third parties, or other circumstances, we may be required to cease displaying, offering for sale, or making NFT contents available for streaming or downloads. Under no circumstances shall this serve as grounds for a claim by you against the Company.


17. Limitation on Liability


TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL COMPANY PARTIES (AS DEFINED IN SECTION 18) 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 COMPANY 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, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE WEBSITE, CONTENT, NFTS, OR ANY COMPANY PRODUCTS OR SERVICES, EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ITEM IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.


The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


18. Indemnification


You agree, to the fullest extent permitted by applicable law, to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the "Company Parties") from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), expenses, or fees (including reasonable attorneys’ fees), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, 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 (a) your breach or violation of these Terms or applicable law, (b) your purchase of any NFTs on the Website or your resale of any NFTs on secondary NFT marketplaces, (c) your use or misuse of the Website, including, but not limited to any use or misuse of the Website’s content, information, services, products, or NFTs, or any content linked to or associated with any NFTs, (d) your violation of the rights of or obligations to any third party, or (e) your negligence or willful misconduct. You agree to promptly notify the Company of any Claims and to cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have control of the defense or settlement of any Claims.


19. Governing Law and Jurisdiction


All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in Section 20 shall be resolved in the state or federal courts of New York County in the State of New York, and the United States, respectively, sitting in the State of New York.


20. Arbitration


You agree that any dispute, controversy, or claim relating in any way to your access to or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with the Company, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim, under the Rules of Arbitration of the American Arbitration Association applying New York law.


YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS.


21. Limitation on Time to File Claims


TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


22. Waiver and Severability


No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

23. Entire Agreement


The Terms (including any other applicable terms or policies incorporated by reference herein) constitute the sole and entire agreement between you and Tabout1 Inc. regarding your access to and use of the Website and its content and products, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and its content and products.


24. Your Comments and Concerns


This Website is operated by Tabou1 Inc. located at 400 West Anderson Lane - #5215, Austin, Texas 78752, United States of America.


All notices of copyright infringement claims should be sent to copyright@tabou1.com.


All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@tabou1.com.

TABOU1 PRIVACY POLICY

Effective Date: February 1, 2024


Welcome to www.tabou1.com!


This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit and use our website, www.tabou1.com, which sells music Non-Fungible Tokens (NFTs). By accessing or using our website, you consent to the practices described in this Privacy Policy. Please take the time to read and understand this policy before using our services.


1. Information We Collect:

a. Personal Information: When you use our website, we may collect certain personal information you voluntarily provide to us, such as your name, email address, billing information, and shipping address. We need this information to process your orders and ensure proper delivery.

b. Transaction Information: To facilitate the purchase and sale of NFTs, we may collect transaction details, including the NFTs you purchase, their price, and other related information.

c. Usage Data: We automatically collect information about your interactions with our website. This includes your IP address, device information, browser type, operating system, and pages visited. We use cookies and similar technologies to collect this data.


2. How We Use Your Information:

a. Order Processing: We use your personal information to process and fulfill your orders, communicate order updates, and provide customer support.

b. Improving Services: We may use aggregated and anonymized data to analyze user behavior and preferences, allowing us to enhance our website, services, and offerings.

c. Marketing and Promotions: With your consent, we may use your contact information to send you promotional emails about new NFT releases, special offers, or other related updates. You can opt-out of marketing communications at any time.

d. Legal Obligations: In certain circumstances, we may be required to use and disclose your personal information to comply with applicable laws, regulations, legal processes, or government requests.


3. Sharing Your Information:

a. Service Providers: We may share your personal information with trusted third-party service providers who assist us in operating our website, processing payments, shipping NFTs, and providing customer support.

b. Business Transactions: In the event of a merger, acquisition, or sale of assets, your personal information may be transferred to the acquiring entity.

c. Legal Compliance: We may disclose your information if required by law, to protect our rights, or in response to legal requests.


4. Data Security:

We implement reasonable security measures to protect your personal information from unauthorized access, loss, misuse, or alteration. However, please note that no method of data transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your information.


5. Your Choices:

a. Account Information: You can review and update your account information by logging into your account on our website.

b. Marketing Communications: You can opt-out of receiving marketing emails from us by following the instructions provided in the email.


6. Children's Privacy:

Our website is not intended for children under the age of 18. We do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has provided us with personal information, please contact us, and we will take steps to remove that information from our systems.


7. Changes to the Privacy Policy:

We may update this Privacy Policy from time to time. The revised policy will be posted on this page with the effective date. Your continued use of the website after the changes are made signifies your acceptance of the updated Privacy Policy.


8. Contact Us:

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at legal@tabou1.com