Gutter Cat Gang - Terms of Use and Purchase

Gutter Cat Gang: TERMS OF USE AND PURCHASE

Gutter Cat Labs, a Limited By Shares Company, Incorporated in the Cayman Islands.

Address: PO Box 10035, George Town, Grand Cayman KY1-1001, Cayman Islands

TERMS OF USE AND PURCHASE AGREEMENT

Last Modified: April 23rd, 2024

Effective Date: April 23rd, 2024

PLEASE ENSURE TO THOROUGHLY REVIEW THIS AGREEMENT. BY ACCESSING OR USING THIS SITE OR OTHERWISE CONSENTING TO THIS AGREEMENT, YOU FULLY UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. PLEASE NOTE THAT YOUR AGREEMENT MAY INVOLVE WAIVING CERTAIN RIGHTS.

These Gutter Cat Gang Terms of Use and Purchase Agreement (the “Terms”, “Terms of Use” or the “Agreement”) are provided by Gutter Cat Labs and its affiliates (collectively, “Gutter Cat Labs,” “we,” “us,” or “our”). The Terms apply to your access to and use of this website and its services and any other website or services owned or operated by Gutter Cat Labs where these Terms are posted or linked, including any platform associated therewith (collectively, the “Platform”).

NFT RISK WARNING: LOSS OF FUNDS ALERT! AS CLEARLY OUTLINED IN SECTION 1.8 OF THE TERMS OF USE AND PURCHASE AGREEMENT BELOW, THE PRICES AND VALUE OF NFTS (NON-FUNGIBLE TOKENS) CAN EXPERIENCE DRAMATIC FLUCTUATIONS. BY CHOOSING TO UTILIZE THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU FULLY GRASP THE INHERENT RISKS INVOLVED IN BUYING AND SELLING NFTS AND ASSUME ALL LIABILITY FOR YOUR ACTIONS, LOSSES OR GAINS ASSOCIATED WITH THIS AGREEMENT.

YOUR ONGOING USAGE OF THIS PLATFORM IS CONTINGENT UPON YOUR UNWAVERING ADHERENCE TO THIS AGREEMENT. YOU HEREBY COMMIT TO REGULARLY REVIEW THIS AGREEMENT AND ACCEPT THAT YOU ARE LEGALLY BOUND BY ITS TERMS, INCLUDING ANY SUBSEQUENT AMENDMENTS.

BY ACCEPTING AND AGREEING TO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT, AS THE THIRD OWNERS OF THE GUTTER CAT GANG INTELLECTUAL PROPERTY (IP), WE DO NOT ASSUME ANY PROMISES, WARRANTIES, OR OBLIGATIONS MADE BY THE PREVIOUS OWNERS OR TEAMS IN RESPECT TO THE NFT COLLECTIONS SOLD BY THEM. THIS PERTAINS TO THEIR ACTIONS DURING THEIR OWNERSHIP OF THE PROJECT. IF YOU HAVE ANY UNRESOLVED CLAIMS, ISSUES, OR CONCERNS ARISING FROM THE ACTIONS OF PREVIOUS OWNERS OR TEAMS REGARDING THE NFT COLLECTIONS, YOU AGREE TO DIRECT YOUR INQUIRIES TO THE RESPECTIVE OWNER WHO HELD THE GUTTER CAT GANG IP AT THE TIME OF THE SPECIFIC INCIDENT.

Agreement Summary:

Eligibility to Use the Platform

You may access the Site solely if you are 18 years of age or older and capable of entering into a legally binding agreement with Gutter, and not prohibited from doing so under applicable law.
Any individuals who are citizens of, habitually reside in, are tax residents of, or are based in Iran, Cuba, the Syria, North Korea, Russia, Belarus, Sudan, Turkey, China are expressly prohibited from using this Site or its services.
Should you choose to utilize this Site despite your ineligibility, or if you deliberately bypass our measures to restrict access, you do so entirely at your own risk and assume full responsibility for any ensuing consequences.

Digital and Physical Product Purchases

Gutter NFT acquisitions are facilitated through the Ethereum blockchain. Upon purchasing a Gutter NFT, you obtain a license for its personal and commercial usage, contingent upon specific terms and conditions.
The prices of NFTs, including Gutter NFTs, are exceptionally volatile. By engaging in Gutter NFT purchases, you inherently assume all associated risks. It's imperative to recognize that Gutter NFTs should not be regarded as investment assets.
Conditions regarding refunds, returns, and exchanges for both Gutter NFTs and physical merchandise exist and should be comprehensively understood prior to any purchase.
You bear the responsibility for covering shipping duties, import taxes, and other relevant fees tied to the delivery of physical merchandise. Additionally, you may be liable for calculating and remitting sales tax on both digital and physical transactions.
In the event of purchasing a Licensed NFT (a Gutter NFT containing or incorporating virtual, digital artwork, designs, or drawings from a third party other than Gutter Cat Labs), your acquisition is further subject to supplementary terms and conditions outlined in the Licensed NFT Supplemental Terms of Use.

Further details regarding the terms applicable to your purchases made on or in connection with our Platform are available for your review.

Intellectual Property Protection and Platform Control

The entirety of the Content available on our Platform is safeguarded by intellectual property rights. Your utilization of the Content discovered on the Platform is subject to specific limitations, delineated below.
We retain the authority to restrict your access to our Platform, block or remove submissions or content that you contribute or share with us, or deactivate your account, regardless of the reason.
We bear no responsibility for third-party content hosted on our Platform, external websites linked to or from our Platform, or any inaccuracies pertaining to product information, availability, or promotional offerings.
For a comprehensive understanding of our rights and management of our Platform and Content, we encourage you to delve deeper into the details provided.

Platform Usage Guidelines

Unless explicitly stated otherwise, the usage of our Platform and its Content is permitted solely for personal use as an individual.
While navigating our Platform, it is imperative that you adhere to all laws, refrain from infringing upon any rights, abstain from threats, harassment, or impersonation, and refrain from actions that may inflict harm upon us or other individuals or entities.
Efforts to circumvent security measures on our Platform, introduce viruses or other detrimental code, or employ our Platform to launch attacks on other websites or services are strictly prohibited.
Should you opt to register for an account on our Platform, it is essential to maintain confidentiality regarding your password and refrain from permitting others to access your account.

For a detailed outline of permissible and prohibited actions on our Platform, we invite you to explore further information provided.

Users in Certain Jurisdictions

There are special terms and limitations for users in certain jurisdictions, please read the special jurisdictions terms in the detailed terms and conditions below.

Important Things to Know:

By using the Platform, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.

THIS AGREEMENT CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.

Your use of the Platform may be governed by other terms and conditions applicable to certain features or promotions.
You should also read our Privacy Policy .
This Agreement contains information about how you can contact us.
Read the complete Terms of Use and Purchase Agreement below.

Scope & Eligibility

These Terms form a legal and binding agreement between you and Gutter Cat Labs, a Limited By Shares Company, Incorporated in the Cayman Islands
By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by accessing or using the Platform, you agree to be bound by these Terms and affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement.
If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (“Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Platform and to any such Organization.

By continuing to use the Platform or buying/selling any Gutter Cat Gang NFTs or Merchandise, you agree that your use of the Platform is legally sufficient consideration under these Terms.

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TERMS OF USE AND PURCHASE AGREEMENT

1. Purchase Terms for Gutter NFTs

When you purchase a digital item (“NFT”) from us or any third party marketplace or platform (“Opensea,” “Magic Eden,” or “Blur,”) you are agreeing to be bound by the follxqowing terms:

1.1 Gutter Cat Gang™: is a collection of digital artwork non-fungible tokens (“NFTs”). NFTs are digital certificates for intellectual property recorded on a distributed ledger, such as a blockchain like Ethereum. To read more about NFTs, see our FAQ page. NFTs available through the Gutter Cat Gang™ collection include, among other things, Gutter Cats™, Gutter Dogs™, Gutter Rats™, Gutter Pigeons™, Gutter Clones™, Gutter Juice™, Gutter Art™, Gutter Mint Passes™, and Licensed NFTs (as defined below) (each, a “Gutter NFT”). Gutter NFTs run on the Ethereum network. Subject to your continued compliance with these Terms, when you purchase a Gutter NFT these are the terms you are to be bound by:

1.2 Ownership & License: Each Gutter NFT is minted and hosted on the Ethereum blockchain. When you purchase a Gutter NFT, you own the individual cryptographic token. Ownership of the NFT is mediated entirely by the smart contract and the Ethereum Network. At no point may we seize, freeze, or otherwise modify the ownership of any Gutter NFT. If you purchase a Gutter NFT that includes virtual, digital artwork, designs, or drawings owned, in whole or in part, by a third party other than Gutter Cat Labs (a “Licensed NFT”), you understand and acknowledge that ownership and license rights of Licensed NFTs are subject to the terms and conditions found in the Licensed NFT Supplemental Terms of Use, located here.

1.3 Personal Use: Gutter Cat Labs grants you a worldwide royalty-free license to use, copy, and display the purchased Gutter NFT, along with any extensions that you choose to create or use for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Gutter NFT, provided that the marketplace cryptographically verifies each Gutter NFT owner’s rights to display the art for their Gutter NFT to ensure that only the actual owner can display the art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Gutter NFT, provided that the website/application cryptographically verifies each Gutter NFT owner’s rights to display the art for their Gutter NFT to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of the Gutter NFT leaves the website/application. This License is subject to your continued compliance with these terms.

1.4 Commercial Use: Gutter Cat Labs grants you an unlimited, worldwide license to use, copy, and display the purchased Gutter NFT for the purpose of creating derivative works based upon the purchased Gutter NFT (“Commercial Use”). Examples of such Commercial Use would be the use of the art to produce and sell merchandise products (t-shirts etc.), displaying copies of the purchased Gutter NFT. For the sake of clarity, nothing in this paragraph will be deemed to restrict you from: (i) owning or operating a marketplace that permits the use and sale of Gutter NFTs generally, provided that the marketplace cryptographically verifies each Gutter NFT owner’s rights to display the art for their Gutter NFT to ensure that only the actual owner can display the art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Gutter NFTs generally, provided that the third party website or application cryptographically verifies each Gutter NFT owner’s rights to display the art for their Gutter NFT to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of the purchased Gutter NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.

1.5 Redeemable Items: Some Gutter NFTs may be redeemable for digital or physical products. For the avoidance of doubt, if you sell or otherwise transfer your Gutter NFT prior to such redemption, you will not be able to redeem, as the right to such redemption is always transferred along with the Gutter NFT, such that whoever holds the Gutter NFT at the time of such redemption shall be the only person entitled to redeem. You will not be entitled to a refund of any kind if you sell, transfer, or otherwise lose access to, including by mistake, theft or hack, the Gutter NFT prior to or in connection with redemption. In order to redeem the Gutter NFT, the holder of the Gutter NFT at the time of such redemption shall be required to undertake any steps reasonably required to facilitate the redemption of the Gutter NFT on the Platform. Gutter Cat Labs may give thirty (30) days notice to users to end a claim of a redeemable NFT. If you do not redeem your item by the end of those thirty (30) days you will lose all right to receive the redeemable item and you will not be entitled to any refund.

1.6 Payment for Gutter NFTs: You agree to pay for a Gutter NFT by submitting the applicable purchase price to a wallet address on the Ethereum blockchain. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Gutter Cat Labs will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in or any other transactions that you conduct via the Ethereum blockchain. Purchases are not refundable under any circumstances. By using the Platform, you understand that users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. YOU ACKNOWLEDGE AND AGREE THAT (i) GUTTER CAT LABS HAS NO CONTROL OVER ANY WALLET THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PLATFORM; AND (ii) THAT GUTTER CAT LABS IS NOT LIABLE FOR ANY TRANSACTIONS YOU ENGAGE IN OR ISSUES OR LOSSES CAUSED BY USE OF THIRD-PARTY WALLETS.

Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum blockchain. This means that you will need to pay a Gas Fee for each transaction.
Delivery: The Gutter NFT that you purchase will be delivered to the wallet address that you specify. We will not be able to recover purchased Gutter NFTs for you in the event that you lose access to your wallet or under any other circumstances.

1.7 Third Party Platforms: With respect to any Gutter NFT you acquire from a third party through a third party platform or service, you acknowledge that you may be required to agree to be bound by the applicable third party platform terms in addition to any applicable terms herein. In addition, you acknowledge and agree that in the event the third party from whom you purchased the Gutter NFT does not pay any amounts owed to Gutter Cat Labs in connection with the transfer to you, Gutter Cat Labs may, at its option and discretion (and without limiting its right or ability to do so as otherwise provided in these Terms) refuse to provide you with access to the Platform, unless and until all outstanding amounts have been paid.

1.8 Acknowledgement of Risk: In the event that you choose to mint, buy or sell your Gutter NFTs, it is crucial to recognize the exceedingly volatile nature of NFT prices. Fluctuations in the prices of other NFTs can exert both positive and negative influences on the value of your Gutter NFTs. DUE TO THIS HIGH VOLATILITY, NFTS, INCLUDING GUTTER NFTS, SHOULD NOT BE VIEWED AS INVESTMENT VEHICLES. YOU BEAR FULL RESPONSIBILITY FOR ALL ASSOCIATED RISKS. Ownership of a Gutter NFT grants ownership of the cryptographic token. Hence, any information pertaining to Gutter NFTs should not be construed as advice or an inducement to engage in any investment-related transactions. Furthermore, the sale of Gutter NFTs does not constitute an offering of securities in any jurisdiction, nor does it serve as an invitation to acquire shares, securities, or other financial products. Given the artistic and technological aspects of the project, Gutter NFTs have not been registered with or endorsed by any regulatory body in any jurisdiction. It is incumbent upon you to ensure that the purchase of Gutter NFTs and associated art complies with the laws and regulations of your jurisdiction. You accept all risks associated with the use of digital currency and NFTs, encompassing but not limited to, risks related to hardware, software, and internet connections, the potential introduction of malicious software, and the risk of unauthorized access to information stored within your wallet by third parties. NFTs, cryptocurrencies, and blockchain technology are relatively nascent, and the regulatory landscape remains uncertain. The introduction of new regulations could have adverse effects on these technologies, thereby impacting the value of your Gutter NFTs. YOU UNDERSTAND THAT CHANGES IN LEGISLATION OR REGULATIONS AT THE STATE, FEDERAL, OR INTERNATIONAL LEVELS MAY NEGATIVELY AFFECT THE UTILIZATION, TRANSFER, OR EXCHANGE OF GUTTER NFTS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF PRICE FLUCTUATIONS OR THE ABSENCE OF AN AVAILABLE MARKET FOR GUTTER NFTS, YOU SHALL NOT HOLD US LIABLE.**

1.9 Previous Ownership/Management: YOU ACKNOWLEDGE AND AGREE THAT, AS THE THIRD (3rd) OWNERS OF THE GUTTER CAT GANG INTELLECTUAL PROPERTY (IP), WE DO NOT ASSUME ANY PROMISES, WARRANTIES, OR OBLIGATIONS MADE BY THE PREVIOUS OWNERS OR TEAMS IN RESPECT TO THE NFT COLLECTIONS SOLD BY THEM. THIS PERTAINS TO THEIR ACTIONS DURING THEIR OWNERSHIP OF THE PROJECT. IF YOU HAVE ANY UNRESOLVED CLAIMS, ISSUES, OR CONCERNS ARISING FROM THE ACTIONS OF PREVIOUS OWNERS OR TEAMS REGARDING THE NFT COLLECTIONS, YOU AGREE TO DIRECT YOUR INQUIRIES TO THE RESPECTIVE OWNER WHO HELD THE GUTTER CAT GANG IP AT THE TIME OF THE SPECIFIC INCIDENT.

2. Shipping Terms for Merch

2.1 When you purchase a physical item from us (“Merch”), the following terms apply.

Order Acceptance: All orders placed by you are subject to acceptance by Gutter Cat Labs and all items are subject to availability. Acknowledgement of your order means that Gutter Cat Labs has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Gutter Cat Labs may in its discretion require additional verification or information before accepting any order.
Gutter Cat Labs reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms; or actual or suspected fraud or abuse.
Gutter Cat Labs will verify the availability and price of an item before it is shipped. If an item's correct price is lower than the stated price, Gutter Cat Labs will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, if the item is no longer available, or if Gutter Cat Labs determines that there were inaccuracies in the product information, Gutter Cat Labs may cancel your order and notify you of such cancellation via email.
Shipping: To protect our customers, Gutter Cat Labs is unable to change/intercept the shipping address of a package to alter its delivery, and Gutter Cat Labs will only ship to the address provided at checkout, which must match the billing address. Due to our Fraud Protection Policy, all online orders are required to have identical billing and shipping addresses. To minimize any fraudulent transactions, any orders with different shipping and billing addresses will not be processed. We are unable to combine shipping on multiple orders.
Shipping Duties & Tax: Please note that your order may incur some additional import tariffs and/or customs charges that are controlled by the destination country. These charges are the responsibility of, and must be paid by, the receiver of goods. Gutter Cat Labs is not responsible and will not reimburse any duties or taxes resulting from your refusal of delivery or failure to pay additional duties upon arrival.
Shipping Location Limitations: Please note Gutter Cat Labs is unable to ship to the following locations: North Korea, Iran, Cuba, Syria, Russia, Ukraine and Belarus.
Returns and Exchanges: All sales are final. Gutter Cat Labs cannot support any refunds or exchanges related to orders prior to shipment. If you experience an issue with your order such as damaged or lost shipments, please reach out to legal@gutterlaboratory.com . Any Gutter Cat Labs product that is delivered defective may be sent back to us for a full refund or replacement if the product is available, within 90 days of receiving the product.
Risk of Loss: All purchases through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Gutter Cat Labs delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments. Gutter Cat Labs is not responsible for any lost or stolen shipments.

3. Product Descriptions:

Gutter Cat Labs endeavors to be accurate when describing and displaying digital and physical products on the Platform. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Platform or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Platform. As a result, and as set forth in the “Disclaimers” section below, Gutter Cat labs does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Platform, including prices, product images, descriptions, specifications, and indications of availability. Gutter Cat Labs reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

4. Pricing and Payment:

The price for all digital and physical products will be as quoted on the Platform. The prices displayed on the Platform are quoted in U.S. dollars or cryptocurrency. Prices and availability information are subject to change without notice. Prices generally do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering. Please note that you are solely responsible for determining whether your purchase is subject to any tax liabilities, duties, levies, tariffs or other governmental charges.
Limited Releases: In an effort to allow fairness for all customers, limited and/or special releases products may be restricted to (1) unit per customer. Please note that multiple orders submitted under the same address may be canceled. Abusive behavior will not be tolerated. Should this pattern continue, your account may be subject to review, and possible banishment, by our Fraud Analysis team. Please feel free to reach out to our Customer Service team if you feel as though your order was canceled in error.
Free Items: From time to time, we may offer promotions or programs that including free items, sometimes referred to as gifts, with purchase of certain digital or physical products. These promotions and programs are available for a limited time only and offered while supplies last. No rainchecks will be provided for out-of-stock free items.

5. Creating and Maintaining Accounts:

Some portions of our Platform may permit you to create an account. If you create an account for the Platform, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. You agree to notify us of any unauthorized use of your account, password or any other breach of security that you become aware of involving or relating to the Platform contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Platform. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Gutter Cat Labs reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Platform for any reason, including, without limitation, for extended periods of inactivity.

6. Platform Intellectual Property Rights:

Except as otherwise noted in this Agreement, the Platform 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) (collectively, “Content”), are owned by Gutter Cat Labs, 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. Gutter Cat Labs grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Platform solely in strict compliance with the provisions of these Terms and as permitted by the functionalities of the Platform available to you. Gutter Cat Labs name and all related names, logos, product and service names, designs, and slogans are trademarks of Gutter Cat Labs, its associates, affiliates, or licensors. You must not use such marks without the prior written permission of Gutter Cat Labs. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. Gutter Cat Labs reserves all rights not expressly granted to you in this Agreement. Accordingly, nothing in this Agreement or on the Platform will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Platform.

7. Use of the Platform:

While using the Platform, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Platform for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Platform or any other party’s use of the Platform. In addition, we expect users of the Platform to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Platform any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
Post to or transmit through the Platform any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform, or express or imply that we endorse any statement you make;
Violate, or attempt to violate, the security of the Platform; Disseminate on the Platform any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
Engage or attempt to engage in or assist any hack of or attack on the Service, including any “sybil attack”, “DoS attack” or “griefing attack” or theft of Gutter NFTs, digital assets or funds;
Engage in or knowingly facilitate any “rug pulls,” “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:
trading Gutter NFTs at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Gutter NFTs, unduly or improperly influencing the market price for such Gutter NFTs or establishing a price which does not reflect the true state of the market in such Gutter NFTs;
creating or inducing a false or misleading appearance of activity in any Gutter NFT or creating or inducing a false or misleading appearance with respect to the market in any Gutter NFT: (1) executing or causing the execution of any transaction in any Gutter NFT which involves no material change in the beneficial ownership thereof; or (2) entering any order for the purchase or sale of any Gutter NFT with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Gutter NFT, has been or will be entered by or for the same or different parties;
participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of any Gutter NFTs;
Use scripts, macros or other automated means to impact the integrity of any features of the Platform, including any voting, ratings or similar features;
Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Platform;
Build a competitive product or service using the Platform, build a product or service using similar ideas, features, functions, or graphics as the Platform or determine whether the Platform are within the scope of any patent;
Interfere in any manner with the operation or hosting of the Platform or monitor the availability, performance, or functionality of the Platform;
Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Platform or to collect any information from the Platform or any other user of the Platform; or
Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Platform.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Platform for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Platform does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

8. Changes to the Platform: Gutter Cat Labs reserves the right to make changes to the information, data, and Content provided on the Platform at any time without notice. Gutter Cat Labs also reserves the right to modify or discontinue the some or all of the Platform, or any Content contained or accessible thereon, at any time without prior notice. Gutter Cat Labs shall in no way be held liable for any consequence which results from Gutter Cat Labs decision to modify or discontinue providing the Platform or any content or functionality thereof.

9. Downloads: The Platform may allow you to download certain Content, applications, software, and other information or materials. Gutter Cat Labs makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with Gutter Cat Labs or a third party, for example an agreement with a mobile application store.

10. Content Submitted by You:

While Gutter Cat Labs appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and Gutter Cat Labs.
Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Platform, email, a “Contact Us” form, any “Ticket” functionality on the Platform, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Statement.

11. Third Party Services and Links:

Gutter Cat Labs may contract with third-parties, including those providing research analysis or other information related to the Platform and Gutter NFTs to provide certain data, information, insights, analysis, and articles that are made available through the Platform, and may also provide links to third-party websites (or other online properties that are not owned or controlled by Gutter Cat Labs) or services that are not under the control of Gutter Cat Labs (collectively, “Third-Party Services”). Gutter Cat Labs does not guarantee the accuracy, validity, completeness or reliability of any Third-Party Service. In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services. Gutter Cat Labs makes no representations about, and accepts no liability for, any Third-Party Services. Gutter Cat Labs is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures.
If you decide to visit any external or third-party link from the Platform, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any external links or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.
Gutter Cat Labs does not directly or indirectly endorse any project, product, or service outside of those wholly owned by Gutter Cat Labs, Limited By Shares Company, Incorporated in the Cayman Islands. Any Third-Party Services, products, or bots mentioned or integrated into our Platform or our Discord server are for information purposes only and do not constitute, and should not be construed as, professional advice; investment or financial advice; an endorsement or recommendation to purchase, sell, trade or otherwise transact in any digital asset, including any products or services; or an invitation, offer, or solicitation to engage in any purchase, sale, trade or other transaction with respect to any digital asset. Any participants who use third party services, products, or bots do so at their own risk; Gutter Cat Labs, Limited by Shares Company, Incorpoated in the Cayman Islands is not responsible for any losses.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. Gutter Cat Labs SHALL NOT BE LIABLE FOR ANY THIRD-PARTY LINKS OR CONTENT, OR ANY THIRD PARTY SERVICES ACCESSED ON OR THROUGH THE PLATFORM AND OUR DISCORD SERVER.

12. Other Policies & Terms:

This Agreement applies exclusively to your access to, and use of, the Platform and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Platform and to the purchase of products or services and are included as part of this Agreement whether they reference this Agreement or not. Such additional policies and terms are in addition to, and shall be deemed a part of, this Agreement, and shall prevail over this Agreement in the event of a conflict with respect to the subject matter thereof.

Other types of agreements and policies that you may be subject to include, but are not limited to:

Special terms for products
Licensed NFT Supplemental Terms of Use
Contest and sweepstake rules
Non Disclousre Agreements
Privacy policies
Employment agreements
Other policies and agreements are typically found by navigating the Platform, typically by checking headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, or other promotions made available through the Platform may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
We may operate a separate website by which you can access NFTs created by us in collaboration with third parties (“Licensed NFTs”). Any Licensed NFTs that incorporate other content not owned by Gutter are subject to these Terms and the Licensed NFT Supplemental Terms of Use, and have certain limitation rights, which you agree to abide by.
We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy
Should we employ you, none of the materials provided on the Platform constitute or should be considered part or of an employment contract or an offer for employment.

13. Termination

The Platform and this Agreement are in effect until terminated by you or by Gutter Cat Labs. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Platform, including in your account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any account information or other Platform credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Platform or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Platform and all copies thereof (provided that this shall not apply to any Gutter NFT purchased by you); (ii) you will immediately cease all use of and access to the Platform; and (iii) we may delete your account at any time. You agree that if your use of the Platform is terminated pursuant to this Agreement, you will not attempt to use that Platform under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Platform after termination will be a violation of this Section, which survives any termination.

Even after the termination of this Agreement or of your account or access to the Platform, any content or Submissions you have posted or submitted may remain on the Platform indefinitely.

14. DISCLAIMER OF WARRANTIES

THE GUTTER NFTS, PLATFORM, AND ALL CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE GUTTER NFTS, PLATFORM, AND CONTENT; (c) ANY ASSURANCE THAT DEFECTS WILL BE CORRECTED OR THAT THE GUTTER NFTS, PLATFORM, AND CONTENT, AS WELL AS THE SERVER(S) AND CONNECTIONS FACILITATING THEIR AVAILABILITY, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, GUTTER CAT LABS CANNOT AND DOES NOT ASSERT, GUARANTEE, OR WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, RELIABILITY, OR CURRENTNESS OF THE CONTENT ACCESSIBLE ON OR VIA THE PLATFORM. GUTTER CAT LABS DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SUCH CONTENT, AS WELL AS ANY CONSEQUENCES THAT MAY RESULT FROM YOUR RELIANCE ON SAID INFORMATION.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gutter Cat Labs, a Limited By Shares Company, incorporated in the Cayman Islands, ITS PARTNERS, AND ANY THIRD-PARTY PROVIDERS AND LICENSORS (REFERRED TO COLLECTIVELY AS THE “RELEASEES”) SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE, OR INABILITY TO USE, THE PLATFORM, CONTENT, OR EXTERNAL LINKS. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, THOSE CAUSED BY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR THE PRESENCE OF COMPUTER VIRUSES OR FAILURES.

FURTHERMORE, THE RELEASEES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE RELEASEES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACTIONS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

IT IS POSSIBLE THAT SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THUS THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ANY EVENT, IF WE ARE DETERMINED TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION PERMITTED BY APPLICABLE LAW.

17. Indemnification Agreement:

You hereby agree to indemnify, defend, and hold us, as well as the Releasees, along with all our directors, officers, agents, shareholders, successors, assigns, and contractors, harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly from:

(i) Your breach of any provision of this Agreement;

(ii) Your activities in connection with the Platform or any Gutter NFT you purchase;

(iii) Your Submissions or any other information you provide to us through the Platform;

(iv) Violations of applicable laws and regulations.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

18. Consent to Communication:

When you use the Platform or send communications to us through the Platform, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Platform. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Submissions, creating an account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

19. Terms for Users in Certain Geographic Locations

19.1 General Geographic Location Terms:

New Jersey Residents: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimers; (b) Limitations of Liability; (c) Indemnification; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Platform, you agree to that these California Civil Code Section 1542 protections no longer apply to you.
Users Outside the United States: By using the Platform, you represent and warrant that you are not (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (“Sanctions”), (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (iii) otherwise a party with which Gutter Cat Labs is prohibited from dealing with under applicable laws.

The products referred to on Platform may only be available in the territory to which that Platform is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND CONTENT ON THE PLATFORM, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE PLATFORM, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE PLATFORM IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Platform do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Platform’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

19.2 THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

Australia: Where any Act of Parliament implies any condition or warranty in relation to your use of the Platform and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
Canada: L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

20. Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

21. Licensed Intellectual Property: The 'Gutter Cat Gang' brand, inclusive of all associated works, imagery, art, and software, is licensed to Gutter Cat Labs, a Limited By Shares company incorporated in the Cayman Islands. Gutter Cat Labs operates under a non-exclusive, non-transferable license, granting it the authority to manage, develop, act as, enter into contracts, extend IP rights, and publicly publish software under the 'Gutter Cat Gang' brand. It is important to note that while Gutter Cat Labs has operational control and management authority over the 'Gutter Cat Gang' brand, it does not possess ownership of the underlying intellectual property rights associated with the brand. Any utilization of the 'Gutter Cat Gang' brand by Gutter Cat Labs is conducted solely under the terms of the licensing agreement in place.

22. Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

23. Privacy and Consumer Complaints:

23.1 Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Platform, please send an e-mail to legal@gutterlaboratory.com. You may also contact us by writing to Gutter Cat Labs, a Limited By Shares Company, Incorporated in the Cayman Islands, PO Box 10035, George Town, Grand Cayman KY1-1001, Cayman Islands.

European Union: Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
Japan: Any intellectual property rights vested in Gutter Cat Labs under these terms will include the rights set forth in Article 27 (Right of Adaptation) and Article 28 (Original Author’s Right in Derivative Works) of the Copyright Act of Japan, Act No. 48 of May 6, 1970. Further, you agree not to exercise against us any moral rights you may have, including, without limitation, the feedback or suggestions. You and Gutter Cat Labs each represent and warrant that you and we (a) are not an anti-social force (meaning here and hereinafter, gangsters, anti-social forces, and others equivalent thereto) and (b) do not have any exchange or involvement with anti-social forces, such as cooperation or involvement in the maintenance, operation, or management of anti-social forces, through funding or other means.
United Kingdom: Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.

24. Assignment: You may not assign or otherwise transfer these Terms or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of Gutter Cat Labs to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and all additional policies and terms that apply to you, set forth the entire understanding between you and Gutter Cat Labs with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Gutter Cat Labs with respect to such subject matter.

25. Severability: If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

26. Children: Our Platform are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from individuals under the age of majority in their home jurisdiction (typically eighteen (18) years old). Additionally, certain Platform or sections of our Platform, as well as promotions, programs and commerce we may offer on the Platform, may be explicitly limited to people over the age of majority. If you are not old enough to access our Platform or certain sections or features of our Platform, you should not attempt to do so.

27. Modifications to the Terms: We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “ Last Updated ” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Platform. Your continued use of the Platform will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Platform, an email to the address we have on file, or a message in your Account.

28. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to its conflict of law provisions.
Subject to Section 19, any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be settled by arbitration in accordance with the rules of the Cayman Islands International Arbitration Centre (CIAC) by a single arbitrator appointed in accordance with said rules. The seat of arbitration shall be George Town, Cayman Islands. The language of the arbitration shall be English. The award rendered by the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction.

29. Formatting and Layout: In any legal proceeding or dispute arising from or related to this agreement, the layout or formatting of the document, including any stylistic choices or presentation methods, shall hold no weight or significance in determining the validity, interpretation, or enforceability of the terms herein.

Contact Us

If you would like to contact us for any reason, please reach us at legal@gutterlaboratory.com

Gutter Cat Labs, a Limited By Shares Company, Incorporated in the Cayman Islands.

PO Box 10035, George Town, Grand Cayman KY1-1001, Cayman Islands