Terms of Use

Last modified: July 18, 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Sesame3 Inc. (“Sesame3,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website at www.sesame3.com, or any of its subdomains, including any content and functionality offered on or through the forgoing (the “Site”), use of the Sesame3 application (the “App”), or when you access or use the services we make available on the Site and App (collectively, the “Service”), whether as a guest, a registered user, or a brand partner.

Please read the Terms of Use carefully before you start to use the Site, App, or Service. By using the Site,App, or Service, by registering for a Sesame3 Account, or by clicking “accept,” “agree,” “continue,” or a similar selection, to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://about.sesame3.com/policies/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site, App, or Service.

This Site is offered and available to users who are able to form a legally binding contract (for example, 18 years of age or older) and reside in the United States or any of its territories or possessions. By using the Site, App, or Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site, App, or Service.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and without notice. All changes are effective immediately when we post them, and apply to all access to and use of the Site, App, or Service thereafter. Your continued use of the Site, App, or Service following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to check this page frequently so you are aware of any changes, as they are binding on you.

Certain Definitions

In addition to other terms used and defined throughout these Terms of Use, the following capitalized terms shall have the following meanings:

“Content” means content, materials, art, design, and drawings, in any form or media, including, without limitation, images, photographs, audio, or videos.

“Sesame3 Account” means a custodial wallet or other digital repository made available by the Company for personal use to facilitate participation in the Service in accordance with these Terms of Use and in which Sesame3 NFTs, and related data and information, may be stored.

“Sesame3 NFT” means an NFT initially and directly transferred, sold, or offered for sale by the Company, its affiliate(s), or a brand partner through the Service. For clarity, a “Sesame3 NFT” includes any NFT that is awarded, transferred, or sold not only in a Primary Transaction by the Company, its affiliate(s), or a brand partner but also any NFT that is transferred or sold in a Secondary Transaction by persons or entities who are not the Company or its affiliate(s), so long as the Company, its affiliate(s), or a brand partner initially and directly transferred, sold, or offered for sale such NFT through the Service.

“Sesame3 NFT Fees” means (a) any fees payable to the Company, its licensors, or their respective designees in connection with the transfer or sale of a Sesame3 NFT, whether in a Primary Transaction or a Secondary Transaction and (b) any transaction fees, service fees, marketplace fees, payment processing fees, gas fees, network fees, or other fees charged by the Company or its service providers to facilitate a Primary Transaction or a Secondary Transaction.

“Transferor” means any person who transfers ownership of a Sesame3 NFT by sale, award, gift, or any other means through the Site, App, or Service.

“Transferee” means any person who receives ownership of a Sesame3 NFT by sale, award, gift, or any other means through the Site, App, or Service.

“Primary Transaction” means the initial award, transfer, or sale of a Sesame3 NFT by the Company to an initial recipient through the Service.

“Secondary Transaction” means any transfer or sale of a Sesame3 NFT through the Service subsequent to the Primary Transaction of such Sesame3 NFT.

“Sesame3 NFT Purchase Price” means the price at which the Sesame3 NFT is sold, whether in a Primary Transaction or a Secondary Transaction.

“Intellectual Property Rights” means any copyrights, trade secrets, trademarks, know-how, patent rights, or any other intellectual property or proprietary rights recognized in any country or jurisdiction in the world.

“NFT” means a non-fungible token with a unique token identification implemented on a blockchain using smart contracts. The NFT is separate and distinct from the Content or any Intellectual Property Rights with which it may be linked or associated. An NFT is not a medium of exchange or convertible virtual currency and does not grant the owner any rights associated with owning a security.

Accessing the Site and Account Security

You are responsible for both:

To access the Site, App, or Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site, App, or Service that all the information you provide is correct, current, and complete. You agree that all information you provide to create your Sesame3 Account or otherwise, including, but not limited to, through the use of any interactive features on the Site, App, or Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must be at least the legal age of majority in your local jurisdiction or territory (and in no case less than eighteen (18) years of age) to open a Sesame3 Account, use the Service to transfer, purchase, sell, or hold a Sesame3 NFT, or participate in any promotions offered through the Site, App, or Service. The Company may require proof of your age, identity, and/or residency at the time of your Sesame3 Account creation and in such form and at such times as the Company, in our sole and absolute discretion, determines appropriate. You may establish only one (1) Sesame3 Account per person to use the Site, App, or Service. In the event the Company discovers that you have opened more than one (1) Sesame3 Account per person, in addition to any other rights that the Company may have, we reserve the right to suspend or terminate any or all of your Sesame3 Accounts. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, 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 of Use.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site, App, or Service, or portions of it, using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account 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 record your password or other personal information.

You are responsible for maintaining the confidentiality and security of your user names and passwords, and you accept responsibility for all activities, charges, losses (including, without limitation of funds and NFTs), and damages that occur under your Sesame3 Account.

We reserve the right to withdraw or amend the Site, App, or Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site, App, or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire contents of the Site, App, or Service to users, including registered users.

NFT Transactions

The Service facilitates Primary Transactions and Secondary Transactions for Sesame3 NFTs. The Primary Transaction relating to Sesame3 NFTs may be subject to additional terms provided at the time of the Primary Transaction. A Secondary Transaction for a Sesame3 NFT is solely between the transferring parties of such Sesame3 NFT, and the Company is not a party to any agreement between the transferring parties related to the Secondary Transaction. The value of each Sesame3 NFT, like other collectibles, is inherently subjective and may be based on a variety of factors unique to that NFT and to interested buyers, based on the different characteristics of the Sesame3 NFT.

Any Sesame3 NFT that you acquire through the Site, App, or Service will be held in your Sesame3 Account. The Company may permit you to transfer eligible Sesame3 NFTs from your Sesame3 Account to a self-custodial wallet. You acknowledge and agree that the Company has sole discretion to determine which Sesame3 NFTs are eligible to be transferred to your self-custodial wallet and to prohibit, for any reason, in the Company’s sole discretion, any transfers of any Sesame3 NFTs from your Sesame3 Account to any self-custodial wallet. In the event the Company determines, in its sole discretion, that removal of a Sesame3 NFT from your Sesame3 Account is permissible, we may require you (as the Transferor) to agree to additional terms and conditions with respect to such removed NFT, including terms relating to a smart contract that will pay to the Company and/or its designees any fees associated with further sales or transfers of such NFT that occur outside the Site, App, or Service. In the event a Sesame3 NFT is transferred from your Sesame3 Account in violation of these Terms of Use, any license associated with such NFT will automatically terminate and the Company may pursue any additional remedies it may have.

Owners of certain Sesame3 NFTs are eligible to receive utility features, such as access to certain content, rewards, chat rooms, products, etc., associated with such Sesame3 NFTs. To have access to these utility features, you must hold the Sesame3 NFT in your Sesame3 Account and meet all applicable terms, conditions, and eligibility requirements associated with the utility features.

You acknowledge and agree that all information you provide with regards to a transfer of Sesame3 NFTs, including, without limitation, credit card or other payment information, is accurate, current, and complete.

You represent and warrant that you have the legal right to use the payment method you provide to a third-party platform or system that fulfills payments for Sesame3 NFTs, including, without limitation, any credit card you provide when completing a transaction. When you purchase a Sesame3 NFT using the Site, App, or Service, whether through a Primary Transaction or Secondary Transaction, you (a) agree to pay the price for such Sesame3 NFT as set forth on the Site or App, any charges related to the fulfillment of the Sesame3 NFTs, including any required gas fees, and all applicable taxes (which may include, without limitation, sales, use, value-added and other taxes, duties, and assessments other than taxes on our net income) in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us and/or a third-party platform or system that fulfills payments for Sesame3 NFTs to charge your credit card or other payment method for the Full Purchase Amount. You acknowledge that with respect to Sesame3 NFTs, we may impose a fee on any Secondary Transaction.

Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Orders may be subject to a holding period and will not be processed until payment has been processed in full, and any holds on your account by any payment processor are solely your responsibility, and any fraud or other internal review has been completed. Your order may be suspended or cancelled by us for any reason, including in the event the payment method cannot be verified, is invalid, or is otherwise not acceptable.

Promotional Giveaways and Offers

From time to time, we or our brand partners may announce promotional giveaways, sweepstakes, contests, and other offers (“Promotions”) for Sesame3 account holders. Each such Promotion will be governed by its own set of official rules. We encourage you to read the official rules for each Promotion before participating.

Refund Policy

All Primary Transactions and Secondary Transactions are final and non-refundable.

Intellectual Property Rights

The Site, App, and Service and their 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 of Use permit you to use the Site, App, or Service 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 Site, App, or Service, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site, App, or Service.

If you wish to make any use of material on the Site, App, or Service other than that set out in this section, please address your request to: support@sesame3.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site, App, or Service in breach of the Terms of Use, your right to use the Site, App, or Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, App, or Service or any content on the Site, App, or Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the term Sesame3, the Company logo and all related names, logos, product and service names, designs and slogans 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 Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site, App, or Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site, App, or Service:

Additionally, you agree not to:

User Contributions

The Site, App, or Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site, App, or Service.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Site, App, or Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us, our affiliates, service providers, brand partners and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

LWe are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site, App, or Service.

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site, App, or Service. 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 AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, App, or Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. Without limiting the foregoing, User Contributions must not:

Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material on the Site, App, or Service, including User Contributions, violate your copyright, you (or your agent) may send us a written notice by mail requesting that the material be removed, or access to it blocked. In the event you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice to us. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Site, App, or Service should be sent to us at:

By Mail:

Sesame3 Inc.
1702 Meridian Avenue, L-150
San Jose, CA 95125

It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Site, App, or Service 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 Site, App, or Service, or by anyone who may be informed of any of its contents.

This Site, App, or Service may include content provided by brand partners and other third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and 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.

Changes to the Site

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

Information About You and Your Visits to the Site

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

Linking to the Site 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.

The Site, App, or Service may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. 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.

Links from the Site

If the Site, App, or Service contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Site, App, or Service is based in the State of California in the United States. We provide the Site, App, and Service for use only by persons located in the United States. We make no claims that the Site, App, or Service or any of its content is accessible or appropriate outside of the United States. Access to the Site, App, or Service may not be legal by certain persons or in certain countries. If you access the Site, App, or Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or through the Site, App, or Service 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 site for any reconstruction of any lost data. 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, APP, OR SERVICE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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.

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

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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

Indemnification

You agree 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 from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, App, or Service, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site, App, or Service.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Jose and County of Santa Clara. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use 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 of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction 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 of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and NFT Terms and Conditions constitute the sole and entire agreement between you and Sesame3 Inc. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

This site is operated by Sesame3 Inc., 1702 Meridian Avenue, L-150, San Jose, California 95125.

All notices of copyright infringement claims should be sent to the copyright agent designated in our {Invalid hyperlink URL} in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: support@sesame3.com.

NFT Terms and Conditions

The terms and conditions in this Section “NFT Terms and Conditions” (including all subsections thereof) are part of the Terms of Use and are in addition to, and not in replacement of, the other terms and conditions of these Terms of Use; provided that in the event of any conflict between any terms or conditions in this Section “NFT Terms and Conditions” (including all subsections thereof) and any other terms or conditions of the above Terms of Use, the terms and conditions of this Section “NFT Terms and Conditions” (including all subsections thereof) will prevail to the extent of the conflict. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN THIS SECTION “NFT TERMS AND CONDITIONS” IN ACCORDANCE WITH THE SECTION “ACCEPTANCE” ABOVE, REGARDLESS OF WHETHER YOU OFFER TO PURCHASE, PURCHASE, OFFER TO SELL, SELL, OR OWN OR HOLD A SESAME3 NFT.

A. TRANSFER OF SESAME3 NFTS

1. Receiving a Sesame3 NFT

When you receive a Sesame3 NFT through the Site, App, or Service, you are responsible for paying the Sesame3 NFT Purchase Price for such Sesame3 NFT, as applicable, and in addition you are responsible for paying to the Company, its licensors, or their respective designees, any and all applicable (i) Sesame3 NFT Fees, (ii) taxes that the Company may be obligated to pay or withhold in connection with such Sesame3 NFT Primary Transaction or Secondary Transaction, and (iii) such other fees, expenses or charges as the Company may advise you of prior to completion of the Sesame3 NFT Primary Transaction or Secondary Transaction.

When you receive a Sesame3 NFT, you receive ownership of the Sesame3 NFT transferred to you, provided that your ownership, and any and all ownership whatsoever, of any and all Sesame3 NFTs (whether through a Sesame3 NFT Primary Transaction, Secondary Transaction, or otherwise) is and shall remain subject to (i) the Company’s and its licensors’ retained ownership of any software, Content, brands, logos, or Intellectual Property Rights in or related to the Sesame3 NFT, and (ii) the Company’s Reversionary Interest in the Sesame3 NFT as set forth in the subsection entitled “Reversionary Interest” below. For clarity, your receipt of a Sesame3 NFT (whether through a Sesame3 NFT Primary Transaction, Secondary Transaction, or otherwise) is not a transfer of, and does not give you any ownership of or any rights (except as expressly set forth in the NFT License below), title, or interest in or to, any software, Content, brands, logos, or Intellectual property Rights in or associated with any Sesame3 NFT.

Your receipt of a Sesame3 NFT (whether through a Sesame3 NFT Primary Transaction, Secondary Transaction, or otherwise) will not give you any right or entitlement to receive any Content, including any Content associated with the purchased Sesame3 NFT. Instead, pursuant to the NFT License set forth in the subsection entitled “NFT License and Intellectual Property” below, your receipt of a Sesame3 NFT will provide you with a right to view the Content associated with the Sesame3 NFT and access any additional utility features associated with the Sesame3 NFT.

With respect to any proposed transaction or transaction for any and all Sesame3 NFTs in a Sesame3 NFT Primary Transaction, these Terms of Use: (i) constitute the final, entire and exclusive agreement between you and Sesame3 with respect to the subject matter hereof; (ii) supersede all prior oral and written agreements and understandings between you and Sesame3 (whether express or implied, including those implied by law or through usage of trade) with respect to the subject matter hereof; and (iii) exclude any course of prior dealings between you and Sesame3 and/or usage of trade in determining the meaning of the terms and conditions set forth herein.

You may not impose on Sesame3, directly or indirectly, and Sesame3 hereby disclaims, any terms or conditions not expressly set forth herein.

2. Transferring a Sesame3 NFT

Unless otherwise notified by the Company, you may transfer any Sesame3 NFT held in your Sesame3 Account through the Site, App, or Service. Such transfer may be to any person using the Site, App, or Service and will be considered a Secondary Transaction.

In the event you transfer a Sesame3 NFT in a Secondary Transaction, (i) you automatically transfer all of your right, title and interest in and to such Sesame3 NFT to the Transferee, (ii) you consent to and direct the Company to promptly transfer such Sesame3 NFT from your Sesame3 Account to the Sesame3 Account of the Transferee, and (iii) the NFT License you received pursuant to the subsection entitled “NFT License and Intellectual Property” below with respect to such Sesame3 NFT automatically transfers to the Transferee in full and terminates in full with respect to you.

3. Transfer Terms

You may only transfer the entirety (i.e., 100%) of your interest in the Sesame3 NFT. Without limiting the foregoing, you may not, and may not attempt to, (i) transfer fractional interests in any Sesame3 NFT, (ii) grant to any person or permit any person to take or obtain a security interest, lien, or other encumbrance in any Sesame3 NFT, or (iii) sell subscriptions, licenses, or other rights to use any Sesame3 NFT, including, without limitation, subscriptions, licenses, or other rights to view the Content associated with any Sesame3 NFT.

You acknowledge and agree that, and specifically intend and expect that, the Company may enforce these Terms of Use against you, including as a third-party beneficiary in the event appropriate.

You consent to the Company maintaining a ledger of Sesame3 NFT Primary Transactions and Secondary Transactions either on or off of a blockchain, or in both locations, which ledger may include your personal information.

For any Secondary Transaction for a Sesame3 NFT, you acknowledge and agree that the Company may collect from you, as the Transferor, a percentage of the gross transaction price of such Secondary Transaction. You acknowledge and agree that the Company may collect such fees through any lawful means.

B. NFT LICENSE AND INTELLECTUAL PROPERTY

Effective upon your receipt of a Sesame3 NFT, you receive the following license:

Subject to the terms and conditions of these Terms of Use, Sesame3, for itself and on behalf of its licensors, grants you a limited, non-exclusive, non-transferable (except pursuant to a Secondary Transaction in accordance with these Terms of Use), revocable, non-sublicensable license to the Intellectual Property Rights practiced by, incorporated, or embedded in the transferred Sesame3 NFT solely for purposes of you using, accessing, and/or holding such Sesame3 NFT, including viewing the Content and accessing utility features associated with such Sesame3 NFT (the foregoing license in this subsection “NFT License and Intellectual Property”, the “NFT License”).

Sesame3 and its licensors reserve all rights in all Content and Intellectual Property Rights not expressly granted pursuant to the NFT License. Notwithstanding anything to the contrary, any sale, purchase, or other transfer of Sesame3 NFTs (whether through a Sesame3 NFT Primary Transaction, Secondary Transaction, or otherwise) shall not be a sale, purchase, or transfer of any rights, title or interest to Content or Intellectual Property Rights associated with any Sesame3 NFTs, which such rights, title, and interest shall remain solely and entirely with Sesame3 or its licensors, subject to the NFT License.

C. PROHIBITIONS

You shall not, and shall not permit, encourage, or enable anyone to:

We reserve the right to impose additional restrictions on your use of the NFT License as may be required by the Company or its licensors.

D. REVERSIONARY INTEREST

Notwithstanding anything to the contrary: (a) each Primary Transaction or Secondary Transaction is conditioned upon your compliance with the terms and conditions of these Terms of Use; (b) in the event the Company determines that you have breached any of the terms or conditions of these Terms of Use, the Sesame3 NFT(s) transferred to you will revert to the Company, such Sesame3 NFT(s) will be removed from your Sesame3 Account, and the NFT License associated with such Sesame3 NFT(s) will automatically terminate; and (c) you acknowledge and agree that the Company retains and shall retain a right and interest in each Sesame3 NFT transferred to enable the Company to do all of the foregoing (such right and interest, a “Reversionary Interest”).