Last Updated: January 8th, 2024
The Gist:
We, the team at Zenfly Internacional, LLC (hereafter referred to as “ZF”), operate this website and are thrilled to have you visit. This website, along with its blog, forum, and associated services, are crafted to both educate and entertain. We wholeheartedly support your right to express yourself, but we also ask that you do so responsibly and with respect. Critical perspectives are welcome, but we draw the line at rudeness or personal attacks. Please ensure that your contributions do not include any of the prohibited items mentioned below, such as spam, viruses, or content promoting hate.
That summarizes our main points. We also want to express our gratitude to the wonderful team at Automattic (responsible for great creations like WordPress.com). They generously offer their extensive Terms of Service available under a Creative Commons Sharealike license. This allows others, including us, to adapt parts or all of their terms for our own use, which is precisely what we have done.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. BELOW, THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.
Terms of Service:
These terms and conditions (“Terms”) govern all use of the begreatbehappy.com website (“Website”) and all content, services, and products offered by ZF or its affiliates, including, but not limited to, associated blogs, forums, and websites, including bryangile.com, and any successor website, as well as any non-fungible token (“NFT”), digital wallet (“Wallet”) connectivity, or other blockchain-based services (collectively, the “Services”). The Services are owned and operated by ZF or its affiliates. The Services are offered subject to your acceptance without modification of these Terms, our Privacy Policy, and all other applicable terms (including any NFT-specific licenses or terms), rules, policies, and procedures that may be published from time to time on the Website or other Services (collectively, the “Agreement”).
Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. The Services are available only to individuals who are at least 13 years old.
CONTENTS
Responsibility of Contributors
Responsibility of Website Visitors
Content Posted on Other Websites
Copyright Infringement and DMCA Policy
Corrections, Suggestions, and Complaints
Intellectual Property
Changes
Termination
Disclaimer of Warranties
Assumption of Risk; Digital Wallets and Blockchain Transactions
Limitation of Liability
Acceptable Use
Indemnification
Dispute Resolution
Miscellaneous
1. Responsibility of Contributors
If you comment on a blog, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) any content, media, information, image, file, hyperlink, code, software, or other material (collectively, “UGC”) available on or through the Services, you understand and agree that you are solely responsible for such UGC and any harm, damages, losses, liabilities, or injuries resulting directly or indirectly therefrom. By making UGC available on or through the Services, you represent and warrant that:
* the downloading, copying, transmission, display, and use of the UGC will not infringe the rights of any third party including, without limitation, any copyright, patent, trademark, or trade secret rights or rights of privacy or publicity;
* you have secured all rights, authorization, and permission from any employer or other third party necessary to make such UGC available through the Services;
* you have fully complied with any third-party licenses relating to the UGC, and have done all things necessary to successfully pass through to end users any required terms;
* the UGC does not contain and will not cause to be installed any virus, bug, worm, backdoor, time bomb, drop-dead device, ransomware, malware, Trojan horse, or other harmful or destructive code or content that either directly or indirectly, with the passage of time or under the control of any person or otherwise, permits unauthorized access to or disrupts, disables, erases, or otherwise harms or impedes the functionality of the Website or any computer or system (collectively, “Harmful Content”);
* the UGC is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, boost the search engine rankings of third party sites, further unlawful acts (including, without limitation, phishing), or mislead recipients as to the source of the material (such as spoofing);
* the UGC is not libelous or defamatory (more info on what that means), does not contain threats and does not incite violence towards individuals or entities;
* the UGC is not being advertised via unsolicited promotional methods including, without limitation, electronic messages such as spam links on newsgroups, email lists, other blogs and websites;
* the UGC is not named, described or otherwise presented in a manner that could mislead readers into thinking that you are another person or company. For example, your blog or comment’s URL or name may not be the name of a person other than yourself or company other than your own; and
* you have, in the case of UGC that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the UGC, whether requested to do so by ZF or otherwise.
Without limiting any of those representations or warranties, ZF retains the absolute right to (i) remove or disable access to any UGC for any and no reason whatsoever, and (ii) terminate or deny access to and use of the Services to any individual or entity for any or no reason whatsoever.
2. Responsibility of Website Visitors
ZF has not reviewed, and cannot and will not review, all of the UGC appearing on the Services, and shall not be responsible for any UGC, its use, or effects. By operating the Services, ZF does not represent or imply that it endorses any UGC or that it believes such UGC to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from Harmful Content. The Services and all UGC or other content appearing on the Services are provided “as is” with no representations or warranties of any kind. ZF disclaims any responsibility for any harm resulting from the use by visitors of the Services or any UGC or other content appearing on the Services.
3. Content Posted on Other Websites
ZF does not have any control over any other websites or webpages and is not responsible for their content or your use thereof or access thereto. By linking to any third-party website or webpage, ZF does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from Harmful Code. ZF disclaims any responsibility for any harm resulting from your use of any third-party websites or webpages.
4. Copyright Infringement and DMCA Policy
If you believe that UGC or other material made available through the Services violates your copyright, please submit a notification in accordance with the Digital Millennium Copyright Act (”DMCA”), 17 U.S.C. § 512 to ZF’s DMCA Agent:
legalbegreatbehappy [at] gmail [dot] com
ZF will respond to all such notices in accordance with the DMCA. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ZF or others, we may, in our discretion, terminate or deny access to and use of the Services. In the case of such termination, ZF will have no obligation to provide a refund of any amounts previously paid to ZF, if any.
5. Corrections, Suggestions, and Complaints
We welcome comments and suggestions, as well as complaints about errors, on the Services and/or in Be Great Be Happy that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through this form. Please click here to fill it out. Readers dissatisfied with a response may reach us via email at legalbegreatbehappy [at] gmail (dot) com.
6. Intellectual Property
This Agreement does not transfer or grant any license from ZF to you any intellectual property of ZF or any third party, and all right, title, and interest in and to such property will remain (as between the parties) solely with ZF or affiliated companies. ZF, begreatbehappy.com, the “Be Great Be Happy” logo,” “Bryan Gile®,” and all other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of ZF, Bryan Gile, or their affiliates or licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any ZF or third-party trademarks or other intellectual property. You hereby grant ZF an irrevocable, perpetual, non-exclusive, transferable, fully paid, universe-wide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works, and distribute (through multiple tiers), any UGC you post on or in connection with the Services or the promotion thereof for any purpose, including commercial or advertising in connection with ZF or the promotion thereof; and (b) to use your name, likeness, image, avatar, and online or social media profiles for any purpose, including commercial or advertising in connection with ZF or the promotion thereof.
7. Changes
ZF reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ZF may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination
ZF may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice. All provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, assumptions of risk, indemnity provisions, and limitations of liability.
9. Disclaimer of Warranties
The Services are provided “as is.” ZF and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither ZF nor its suppliers and licensors make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
10. Assumption of Risk; Digital Wallets and Blockchain Transactions
The Services may allow you to connect a blockchain-compatible Wallet or engage in blockchain transactions including claiming, redeeming, minting, transferring, purchasing, or accessing exclusive content using NFTs. By connecting your Wallet to the Services, you acknowledge, agree, and accept that transacting on a blockchain, including, without limitation, connecting your Wallet to the Services, contains inherent risk. Such risks include but are not limited to: (i) risk of sudden asset price changes; (ii) risk of smart contract failure or exploit; (iii) risk of hardware, software, or connectivity failure; (iv) risk of malicious software; (v) risks of unauthorized access to your Wallet; (vi) risk that you will no longer successfully retain ownership of or access to the NFT(s); (vii) risk that any data or media associated with an NFT becomes unavailable or decoupled from the NFT, including, without limitation, because of an outage, data loss or pursuant to a valid DMCA takedown procedure; (viii) risk from regulatory inquiries, regulatory actions, legislation, or court rulings; and/or (ix) risks, bugs, malfunctions, cyberattacks, or changes to a blockchain network (e.g., forks) or related technologies that disrupt or result in a total loss of NFTs, their market value, or digital funds. You acknowledge and accept that blockchain transactions are facilitated and run by numerous third parties including, without limitation, Wallet providers and one or more public peer-to-peer networks including, without limitation, a blockchain network or other distributed system for storing and accessing files or other data. None of these are under the control or influence of ZF, and ZF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any third party, including, without limitation, lost, late, incomplete, damaged, delayed, inaccurate, stolen, misdirected, undelivered, or garbled NFTs, or for errors or difficulties of any kind related thereto, whether human, mechanical, electronic, computer, network, typographical, or otherwise. Transactions are or may be publicly visible on blockchain networks when made. You acknowledge and accept these and all associated risks and responsibilities and agree that you are proceeding at your own risk. You should not engage in blockchain-based transactions unless it is suitable given your circumstances and financial resources. You agree that ZF, its contractors, and its licensors, and all of their respective directors, officers, employees. agents, successors, and assigns shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any of these risks.
11. Limitation of Liability
To the maximum extent permitted by law, in no event will ZF or its suppliers or licensors or their respective directors, officers, employees, agents, successors, and assigns be liable with respect to any subject matter of, or otherwise relating to or in connection with, this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any indirect, special, incidental, punitive, exemplary, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ZF under this Agreement during the twelve (12) month period prior to the cause of action. ZF shall have no liability for any failure or delay due to matters beyond their reasonable control. Under no circumstances shall any of the foregoing parties be required to deliver to you any virtual currency or NFTs as damages, make specific performance, or any other remedy. If you would base your calculations of damages in any way on the value of virtual currency or NFTs, you agree that the calculation shall be based on the lowest value of the virtual currency or NFTs during the period between the initial incident resulting in the accrual of the claim and the award of damages. The foregoing limitation of liability is intended to apply to the fullest extent permitted by applicable law, without regard to whether other provisions of these Terms have been breached or have been proven ineffective. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities provided herein, so some of the disclaimers and limitations herein may not apply to you. To the extent applicable law does not permit the disclaimer of warranties or limitations of liability contained herein, the scope of such warranties and limitations of liability will be as permitted under applicable law.
12. Acceptable Use
You represent, warrant, and agree that (i) your use of the Services will be in strict accordance with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not violate, infringe, or misappropriate the intellectual property or other rights of any third party.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless ZF, its affiliates, its contractors, and its licensors, and all of their respective directors, officers, employees. agents, successors, and assigns from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of, related to, caused by, or in connection with: (i) your use of the Services including, without limitation, connecting your Wallet to the Services; (ii) your violation of this Agreement including these Terms; (iii) your violation of the rights of any third party including another user of any Wallet; (iv) any breach or non-performance of any representation, warranty, covenant, or agreement made by you.
14. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Mandatory Arbitration of Disputes. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (“Dispute”) must be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. Each party waives the right to a trial in court and/or by a jury. This arbitration provision shall survive any termination of these Terms.
Exceptions. As a limited exception to the above: (i) the parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of its intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where one lives, with provision to be made for remote appearances to the maximum extent permitted by the AAA rules, unless the parties both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of these Terms.
Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, including rules regarding frivolous or improper claims. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs.
Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or ZF prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Arbitration Opt-Out. You can opt out of this arbitration agreement within thirty (30) days of the date you agreed to these Terms. To opt out, you must provide written notice to ZF in person or by registered or certified mail, postage prepaid, or by recognized overnight courier, addressed to ZF at the address shown below, which notice must include your full name, email address, and a clear statement that you want to opt out of this arbitration agreement (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period noted above, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute.
Zenfly Internacional, LLC
54 Condado Ave 10c
#ARB
San Juan, Puerto Rico
00907
Class Action Waiver. YOU AND ZF AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with a party’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
15. Miscellaneous
This Agreement constitutes the entire agreement between ZF and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ZF or by the posting by ZF of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ZF may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.