TERMS

Effective Date: December 9, 2022

These Terms and Conditions (the “Agreement”) apply to this website and other sites or applications that are under our control if we post the Agreement to the site or application (collectively, “Sites”). The Agreement is a legally binding contract between Grozen FA LLC (“we” “our” or “us”) and any person who elects to use the Sites (“you” or “your”). By using the Sites, you agree to be bound by all of the terms and conditions of this Agreement as such terms and conditions may be modified by us from time-to-time. If you do not agree to all of the terms and conditions of the Agreement, do not use the Sites. If you do not agree to all of the terms and conditions of the Agreement, do not use the Sites.

Under Paragraph 12 below, any disputes or claims related to this Agreement will be resolved by arbitration to the extent permitted by law. The Agreement contains a waiver of any rights to sue in court, including through a class action. You may opt-out of these provisions by following the instructions in Paragraph 12.

Age Restriction

The Sites are intended for persons who are at least 18 or older and are of legal age to form a binding agreement. If you are under 18, or not of age to form a legally binding agreement, you may not access or use the Sites.

Privacy Policy

All information provided and collected through the Sites is subject to our Privacy Policy, which is hereby incorporated into and made part of this Agreement.

System

With respect to the Sites and related software, source code, platforms, servers and interfaces, whether owned by us or third parties (collectively, “System”), you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, creative derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations or this Agreement.

Copyright and Other Intellectual Property

All content and other materials available at or through the Sites, including without limitation trademarks, service marks, trade names, copyrights, images, artwork, audio, text, software, designs and the “look and feel” of the Sites (collectively, “Content”) are owned or licensed by us or our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, modify, transmit, sell, or otherwise use any Content without our express written permission. All rights not expressly granted to you in this Agreement are reserved by us and/or our licensors.

Submissions

We do not accept any unsolicited ideas including without limitation images, suggestions about promotion of our products, additions to our product lines or services, or changes in methods of doing business. If, notwithstanding this policy, you send us any ideas, suggestions, images, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you agree that the Submissions are not confidential and we assume no obligation, expressed or implied, by considering them. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes in any manner and medium with no compensation to you.

Prohibited Conduct

You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the System any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the System or any computer software or hardware or equipment associated with the System; (b) alter, remove, obscure or falsify any attributions or other proprietary designations of origin or source of the System or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the System in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the System; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the System or any Content; (f) take any action that imposes an unreasonable or disproportionately large load on the System; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the System; (j) interfere with or disrupt the integrity or performance of the System or the data contained therein; or (k) access the System in order to build a competitive product or service, copy any features, functions or graphics of the System or monitor the availability and/or functionality of the System for any benchmarking or competitive purposes.

Other Applications and Websites

The Sites may contain links or other options to connect to third party applications and/or websites that are not owned or operated by us (collectively, “Linked Sites”). We do not have any control over Linked Sites and are not responsible for any information, functionality, products, services or content of such Linked Sites. Your use of the Linked Sites is subject to the privacy policies and terms of use of the Linked Sites and you should read and understand them before using any Linked Sites. We disclaim any responsibility for any harm resulting from your use or attempted use of Linked Sites.

Disclaimer

YOU AGREE THAT USE OF THE SYSTEM AND CONTENT IS AT YOUR SOLE RISK. THE SYSTEM AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE SYSTEM AND CONTENT WILL BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE. WE DO NOT WARRANT THAT THE SYSTEM AND CONTENT ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR DATA.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE SYSTEM, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $100 IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and release us and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, representatives (and their respective successors and assigns) from and against any and all claims, demands, liabilities, damages, costs and expenses, including, but not limited to, attorney's fees and costs, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the System; (ii) your violation of any of terms of this Agreement or any applicable law; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; and (iv) any claim that your use of the System caused damage to a third party.

Arbitration and Disputes

Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by individual arbitration in New York before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators.  All arbitrators shall be retired judges or justices of any New York state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of New York without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than New York. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.

Any dispute resolution proceeding arising out of or relating to this Agreement, including without limitation arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations.

For any matters which are not subject to arbitration as set forth in this Agreement, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in New York, which shall apply the laws of New York without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than New York. To the extent permitted by applicable law, any claims asserted by you in connection with the System and Content must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.

You may opt-out of and not be bound by the arbitration and class action waivers set forth above by sending written notice tolegal@tigerbob.io within 30 days of the date you first access the Sites. If you timely opt-out, we will also not be bound by these provisions. If you do not timely opt-out, these provisions will apply to you and us.

Miscellaneous

You agree that we may send to you in electronic form any notices or other communications regarding the Sites and such electronic form will satisfy any legal requirements with respect to communications or notice.

If any part of this Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of this Agreement, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Our failure to partially or fully exercise any rights or our waiver of any breach of this Agreement shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Our rights and remedies under this Agreement and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Sites, delete Content, or terminate or restrict your access to the Sites. In addition, this Agreement may be changed at any time. We will notify you of such changes by posting them on the Sites. You should check the Sites for such changes frequently. Your continued access of the Sites after such changes have been posted conclusively demonstrates your acceptance of those changes.

DIGITAL COLLECTIBLE TERMS OF SALE

Last Updated: December 9, 2022

These Digital Collectible Terms of Sale (the “Digital Collectible Terms”) apply to the purchase and sale of the limited collection of 1,000 handmade one of a kind pixel tiger heads randomized at mint (the “Tigerbob Genesis Collection”) that were placed on sale on May 28, 2022 through this website (the “Tigerbob Genesis Collection Marketplace”). The Tigerbob Genesis Collection is now sold exclusively through secondary markets to the extent permitted by these Digital Collectible Terms. By participating in the Tigerbob Genesis Marketplace, you agree to be governed by these Digital Collectible Terms. The Digital Collectible Terms are a legally binding contract between Grozen FA LLC (“Grozen”, “we” “our” or “us”) and any person who uses this website and any person who purchased a digital collectible from the Tigerbob Genesis Collection from the Tigerbob Genesis Marketplace (“you” or “your”). Grozen provided and continues to provide you with access to and use of the Tigerbob Genesis Marketplace subject to your compliance with these Digital Collectible Terms, the Grozen Terms and Conditions, and the Grozen Privacy Policy (the “Agreements”).If you do not agree with the terms of the Agreements, you may not access or use the Tigerbob Genesis Collection Marketplace.

The Tigerbob Genesis Collection Marketplace.

The Tigerbob Genesis Collection Marketplace is a decentralized application and digital art marketplace operating on the Ethereum blockchain. The Tigerbob Genesis Collection Marketplace uses specially-developed smart contracts (“Smart Contracts”) that enable Grozen to sell digital creations to you.

Tigerbob Genesis Collection Digital Collectibles and the Ethereum Blockchain

All Tigerbob artwork on the Tigerbob Genesis Collection Marketplace are represented by unique cryptographic tokens exclusively minted by Grozen. Digital Collectibles are forever tracked and stored on the Ethereum blockchain, providing you with a permanent record of authenticity and ownership.

Transactions that take place on the Tigerbob Genesis Collection Marketplace are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Tigerbob Genesis Collection Marketplace. We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Tigerbob Genesis Collection Marketplace (“Linked Sites”). In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this site and/or introduce different features or links to different users.

All your transactions on the Tigerbob Genesis Collection Marketplace, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the Ethereum network and are initiated though one or more Smart Contracts at your sole discretion.

Tigerbob Genesis Collection Marketplace transactions utilize experimental Smart Contract and blockchain technology, including non-fungible tokens, cryptocurrencies, and decentralized or peer-to-peer networks and systems. You acknowledge and agree that such technologies are experimental, speculative, and inherently risky. You acknowledge and agree that the Smart Contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the Smart Contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Tigerbob Genesis Collection, or lost opportunities to buy or sell Tigerbob Genesis Collection. Grozen assumes no liability or responsibility for any such Smart Contract or related failures, risks, or uncertainties. You acknowledge the risk of Smart Contracts and agree to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as you expect.

You take full responsibility and liability for the outcome of any transaction you initiate, whether or not the Smart Contracts, the Tigerbob Genesis Collection Marketplace, or other market participants behave as expected or intended. You hereby represent that you are knowledgeable, experienced, and sophisticated in using blockchain technology and in initiating Ethereum-based transactions.

The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Tigerbob Genesis Collection Marketplace. The value of Gas fee changes, often unpredictably, and is entirely outside of the control of Grozen or the Tigerbob Genesis Collection Marketplace. You acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Tigerbob Genesis Collection Marketplace be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to you. You acknowledge and agree that gas is non-refundable under all circumstances.

Prices and Payment Terms

Grozen retains the right in its sole discretion to place limitations on the mint price and the number of any transactions taking place on the Tigerbob Genesis Collection Marketplace. Grozen does not guarantee that any digital collectible from the Tigerbob Genesis Collection will be available for purchase at the time you seek to make a purchase.

All prices posted on the Tigerbob Genesis Collection Marketplace are determined by Grozen, in its sole discretion, and are subject to change without notice.

Terms of payment are within Grozen’s sole discretion. Purchases may be made by using the currencies (including cryptocurrencies) that Grozen elects to accept from time to time. When you make a purchase, you represent and warrant that:

the purchase information you supply is true, correct, and complete;

you are duly authorized to use such purchase method for the purchase;

will pay all charges incurred in connection with your transaction, including the purchase price and all applicable transaction fees, Gas fees, taxes, and all other fees related to your transaction, including any and all fees required to process and validate the transaction, and

authorize all such charges to be automatically charged toward, and collected from, your payment.

Your Rights

You acknowledge that you have purchased a non-fungible token and agree that Grozen owns all legal right, title, and interest in and to the art, graphics, images, designs, text, illustrations, and drawings associated with the Tigerbob Genesis Collection and all intellectual property rights therein (the “Art”). The rights you have in and to the Digital Collectible you purchased through the Tigerbob Genesis Collection Marketplace (the “Purchased Tigerbob Digital Collectible”) are expressly stated in this Section 4 of the Digital Collectible Terms.

You own the Purchased Tigerbob Digital Collectible. You do not own the Art. This means you only have the right to sell or give away your Purchased Tigerbob Digital Collectible. You are not receiving ownership of the Art but are receiving certain limited rights in the Art as set forth herein.

Upon purchasing the Purchased Tigerbob Digital Collectible, you immediately receive a limited worldwide, non-exclusive, transferable license to use and display the Art associated with your Purchased Tigerbob Digital Collectible, solely for your own personal, non-commercial use (the “License”). The License will apply to the person or entity who at the applicable time is the rightful holder of the Purchased Tigerbob Digital Collectible and is in compliance with these Digital Collectible Terms.

You agree that you may not, nor permit any third party to do or attempt to do any of the following:

modify the Purchased Tigerbob Digital Collectible and/or alter, transform, or adjust the Art in any way, including without limitation, the shapes, designs, drawings, attributes, or color schemes;.

Copy or create derivative works of the Art;

use the Purchased Tigerbob Digital Collectible, and/or the Art to advertise, market, or sell any product or service;

use the Purchased Tigerbob Digital Collectible and/or the Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes;

use the Purchased Tigerbob Digital Collectible and/or the Art in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use;

resell or distribute the Purchased Tigerbob Digital Collectible and/or the Art for commercial gain, except to resell or transfer the rights granted herein;

attempt to trademark, copyright, or otherwise acquire any intellectual property rights in or to the Tigerbob Digital Collectible, the Art, or the TIGERBOB trademark;

challenge Grozen’s copyright ownership;

create any other Non-fungible tokens based on any Tigerbob Digital Collectible and/or the Art.

You must include the token identification number for all personal and non-commercial uses of the Purchased Tigerbob Digital Collectible and the Art.

You may use or apply the Art that is the subject of the Purchased Tigerbob Digital Collectible as your own personal tattoo.

Grozen’s Rights

Grozen owns all right, title, and interest in the Tigerbob Genesis Collection, the Art and the name TIGERBOB. Grozen owns all of the intellectual property rights in and relating to the Tigerbob Genesis Collection and the Art in any medium. For example, Grozen owns the hand-drawn versions of the Art, and all photoshop files, original pixel objects, and all elements and features of the images, layers, names of layers, names of attributes, and names for the metadata used to create the Tigerbob Genesis Collection. Only Grozen has the sole ability to edit, recolor, rework, or redesign the Tigerbob Genesis Collection and the Art.

Refund Policy

All sales of Tigerbob Genesis Collection are final and non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Purchased Tigerbob NFT, any disruption to the operations of any components of the Purchased Tigerbob Genesis Collection, or any other reason whatsoever.

Subsequent Sales of Digital Collectibles on Secondary Markets

You acknowledge and agree that the intent is for all subsequent owners of your Purchased Tigerbob Digital Collectible to be bound by the Digital Collectible Terms. In the event that you elect to subsequently transfer your Digital Collectible to a third party, you agree that, prior to such transfer, you will notify such third party of these Digital Collectible Terms and the Agreements and ensure that such party is bound to these Digital Collectible Terms and the Agreements.

Tigerbob Genesis Collection may not be compatible with other marketplaces, platforms, or exchanges operated by third parties (“Other Platforms”). We do not control any Other Platforms or any purchases or sales of Tigerbob Genesis Collection or any other activity that occurs outside of this website, and, without limiting your obligations in these Digital Collectible Terms (including Section 7(a)), you acknowledge and agree that we are not a party to any agreement you enter into or any transaction you conduct on any Other Platform.

Questions regarding this Agreement should be directed to: legal@tigerbob.io.