NFT Terms and Conditions of Use.

COPYRIGHT
The “Artist” refers to Chris Cuffaro The Artist reserves all exclusive copyrights to the underlying copyrights.  As the copyright owner of the Artworks, the Artist has the exclusive right to make commercial use of their artworks (and all other exclusive rights under copyright law) even after being sold on the marketplace.  Thus, the Artist is free to market, print, and license artwork underlying minted NFTs.

The Artist guarantees that they are the sole creators of the Artwork and there is no infringement on the intellectual property rights of others.  The Artist is the sole owner of the copyright.  All images ©1991-2021 Chris Cuffaro.  All rights reserved.  This copyright applies to any and all Artworks included in this sale.

The Collector’s Limited Rights to Artwork.

Collectors have the exclusive right to sell, trade, or transfer their NFT’s, but Collectors do not have a copyright interest in the underlying artworks and may not make “commercial use” of the underlying work.  For example, Collectors may not sell copies of the work, mint additional NFTs based on the work, sell access to the work, sell derivative works embodying the work, or otherwise commercially exploit the Work.

TERMS & CONDITIONS

DEFINITIONS
“Art” means any art, design, and drawings that may be associated with an NFT that you Own.

“Merchandise” means any items that are included in the purchase of an NFT that are not Art including vinyl records, music files, clothing, etc. Purchaser agrees that the value of such Merchandise in connection with the purchase of an NFT is the standard retail value of such item (e.g., $.99 for an mp3 file of a song)

“NFT” means any blockchain-tracked, non-fungible token(but for the avoidance of doubt does not include any Merchandise -including vinyl records, music files or other items included in the purchase -which are not Art and which may be acquired when an NFT is purchased).

“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source.

“Purchased NFT” means an NFT that you Own.

“Included Merchandise” means Merchandise included with the purchase of an NFT that you Own.

“Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

OWNERSHIP
You acknowledge and agree that Chris Cuffaro (or, as applicable, its licensors) owns all legal right, title and interest in and to the Art and the Merchandise, and all intellectual property rights therein.  The rights that you have in and to the Art and Merchandise are limited to those described in this License.  Chris Cuffaro reserves all rights in and to the Art and the Merchandise not expressly granted to you in this License.

LICENSE
Subject to your continued compliance with the terms of this License, Chris Cuffaro grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFTs and any Included Merchandise, solely 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 NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs 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 NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs 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 PurchasedNFT leaves the website/application.

RESTRICTIONS
You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without Chris Cuffaro’s express prior written consent in each case: (i) modify the Art for your Purchased NFT or the Included Merchandise in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes of such Art; (ii) use the Art for your Purchased NFTs or the Included Merchandise to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased NFTs or the Included Merchandise 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; (iv) use the Art for your Purchased NFTs or the Included Merchandise in movies, videos, or any other forms of media; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased NFTs or the Included Merchandise; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased NFTs or the Included Merchandise; or (vii) otherwise utilize the Art for your Purchased NFTs or the Included Merchandise for your or any third party’s commercial benefit.  To the extent that Art for your Purchased NFTs or the Included Merchandise contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows: (x) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art or Merchandise, and subject to the license and restrictions contained herein; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, Chris Cuffaro may need to pass through additional restrictions on your ability to use the Art or Merchandise; and (z) to the extent that Chris Cuffaro informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license.  The restriction in Section 4 will survive the expiration or termination of this License.5. Terms of License.  The license granted in Section 3 above applies only to the extent that you continue to Own the applicable Purchased NFT.  If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs.

TERMS OF LICENSE
The license granted in Section 3 above applies only to the extent that you continue to Own the applicable Purchased NFT.  If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs.

TERMS OF SERVICE

Last updated: April 22, 2021

The website located at cuffarohits.com (the “Site”) is a copyrighted work belonging to Chris Cuffaro (“Company”, “us”, “our”, and “we”).  Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

ACCESS TO THE SITE
License.  Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.  You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.

Ownership.  You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.  Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1.  Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

INDEMNIFICATION
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations.  Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

THIRD-PARTY LINKS & ADS; OTHER USERS
Third-Party Links & Ads.  The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.  When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Other Users.  Your interactions with other Site users are solely between you and such users.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

Release.  You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.

GENERAL
Changes.  These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution.  Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: Chris Cuffaro 9443 Whitworth Drive, Beverly Hills, CA, 90212. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits.  If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court.  Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Grand Caymans for such purpose.

Export.  The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries.  You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications.  The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email.  For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.  The foregoing does not affect your non-waivable rights.

Entire Terms.  These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.  The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright © 2021 Chris Cuffaro.  All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties.  You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information:

Chris Cuffaro
9443 Whitworth Drive
Beverly Hills, CA  90212
Email: chriscuffaro@icloud.com 

Privacy Policy

Last Revised: May10th, 2021

CHRIS CUFFARO Studio (“Chris Cuffaro Studio,” “we” or “us”) is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect, why we collect it, and how we use and disclose it.

Your privacy matters to us, so please do take the time to get to know and familiarize yourself with our policies and practices.  Please understand that we reserve the right to change any of our policies and practices at any time, but you can always find the latest version of this Privacy Policy here on this page.

PERSONAL INFORMATION WE COLLECT
As used herein, “Personal Information” means information that identifies or is reasonably capable of identifying an individual, directly or indirectly, and information that is capable of being associated with an identified or reasonably identifiable individual.

1. PERSONAL INFORMATION WE COLLECT FROM YOU
We may collect the following categories of Personal Information directly from you:

  • Identification Information, such as name, email, phone number, postal address;
  • Commercial Activity, such as trading activity, order activity, deposits, withdrawals, account balances;
  • Correspondence, such as information you provide to us in correspondence, including account opening and customer support; and
  • Sensory Information, such as images that you upload to your User Profile;

2. PERSONAL INFORMATION WE COLLECT AUTOMATICALLY
We may collect the following categories of Personal Information automatically through your use of our services:

Online Identifiers, such as IP address, domain name;

Device Information, such as hardware, operating system, browser;

Usage Data, such as system activity, internal and external information related to “Greatest Hits:NFT by Chris Cuffaro” pages that you visit, clickstream information; and Geolocation Data.  Our automatic collection of Personal Information may involve the use of Cookies, described in greater detail below.

3. PERSONAL INFORMATION WE COLLECT FROM THIRD PARTIES
We may collect and/or verify the following categories of Personal Information about you from third parties:

Identification Information, such as name, email, phone number, postal address;

Transaction Information, such as public blockchain data (bitcoin, ether, and other Digital Assets are not truly anonymous.  We, and any others who can match your public Digital Asset address to other Personal Information about you, may be able to identify you from a blockchain transaction because, in some circumstances, Personal Information published on a blockchain (such as your Digital Asset address and IP address) can be correlated with Personal Information that we and others may have.  Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other Personal Information about you);

Financial Information, such as bank account information, routing number, credit card number, debit card number; and

Additional Information, at the our discretion to comply with legal obligations.

4. ACCURACY AND RETENTION OF PERSONAL INFORMATION

We take reasonable and practicable steps to ensure that your Personal Information held by us is (i) accurate with regard to the purposes for which it is to be used, and (ii) not kept longer than is necessary for the fulfillment of the purpose for which it is to be used.

HOW WE USE YOUR PERSONAL INFORMATION
We collect Personal Information about you in an attempt to provide you with the best experience possible, protect you from risks related to improper use and fraud, and help us maintain and improve our Services. We may use your Personal Information to:

  1. Provide you with our Services.  We use your Personal Information to provide you with our Services pursuant to the terms of our Terms of Use. For example, in order to facilitate fiat transfers out of your account, we need to know your financial information.
  2. Comply with legal and regulatory requirements.  We process your Personal Information as required by applicable laws and regulations.
  3. Comply with legal and regulatory requirements.  We process your Personal Information as required by applicable laws and regulations.
  4. Detect and prevent fraud.  We process your Personal Information to detect and prevent fraud on your account, which is especially important given the irreversible nature of cryptocurrency transactions.
  5. Protect the security and integrity of our Services.  We use your Personal Information, including information about your device and your activity on “Greatest Hits:NFT by Chris Cuffaro” to maintain the security of your account and the “Greatest Hits:NFT by Chris Cuffaro” platform.
  6. Provide you with customer support.  We process your Personal Information when you contact our support team with questions about or issues with your account.
  7. Market our products.  We may contact you with information about our Services.  We will only do so with your permission, which can be revoked at any time.
  8. Other business purposes.  We may use your Personal Information for additional purposes if that purpose is disclosed to you before we collect the information or if we obtain your consent.

HOW WE SHARE YOUR PERSONAL INFORMATION
We will not share your Personal Information with third parties, except as described below:

  1. Service Providers. We may share your Personal Information with third-party service providers for business or commercial purposes, including fraud detection and prevention, security threat detection, payment processing, customer support, data analytics, Information Technology, advertising and marketing, network infrastructure, storage, transaction monitoring.  We share your Personal Information with these service providers only so that they can provide us with the services, and we prohibit our service providers from using or disclosing your Personal Information for any other purpose.
  2. Law Enforcement.  We may be compelled to share your Personal Information with law enforcement, government officials, and regulators.
  3. Corporate Transactions.  We may disclose Personal Information in the event of a proposed or consummated merger, acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy or dissolution.
  4. Professional Advisors.  We may share your Personal Information with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.
  5. Consent.  We may share your Personal We may share your Personal Information with your consent.

If we decide to modify the purpose for which your Personal Information is collected and used, we will amend this Privacy Policy.

COOKIES
When you access “Greatest Hits:NFT by Chris Cuffaro” we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “Cookies”) on your computer or other devices used to visit “Greatest Hits:NFT by Chris Cuffaro”,. We use Cookies to help us recognize you as a customer, collect information about your use of “Greatest Hits:NFT by Chris Cuffaro” to better customize our services and content for you, and collect information about your computer or other access devices to: (i) ensure that your account security has not been compromised by detecting irregular, suspicious, or potentially fraudulent account activities; (ii) assess and improve our services and advertising campaigns.

You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note that if you reject cookies, you will not be able to use some or all of “Greatest Hits:NFT by Chris Cuffaro”. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use “Greatest Hits:NFT by Chris Cuffaro”.

DIRECT MARKETING
Subject to applicable laws and regulations, we may from time to time send direct marketing materials promoting services, products, facilities, or activities to you using information collected from or about you.  You may also opt-out of such communications by following the directions provided in any marketing communication. It is our policy to not provide your Personal Information for those third parties’ direct marketing purposes without your consent.

INFORMATION SECURITY
No security is foolproof, and the Internet is an insecure medium.  We cannot guarantee absolute security, but we work hard to protect “Greatest Hits:NFT by Chris Cuffaro”, and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Information we collect and store.  Measures we take include encryption of the “Greatest Hits:NFT by Chris Cuffaro” website communications with SSL; optional two-factor authentication; periodic review of our Personal Information collection, storage, and processing practices; and restricted access to your Personal Information on a need-to-know basis for our employees, contractors and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

NFORMATION FOR PERSONS SUBJECT TO EU DATA PROTECTION LAW
While customers who are located in the European Union (“EU”), European Economic Area (“EEA”) or the Channel Islands, or other locations subject to EU data protection law (collectively, “Europe”) are customers of our US entity, we recognize and, to the extent applicable to us, adhere to relevant EU data protection laws.  For purposes of this section, “personal data” has the meaning provided in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

LAWFUL BASES FOR PROCESSING
We process personal data subject to GDPR on one or more of the following legal bases:

  • Legal Obligation to conduct anti-fraud and to fulfill our retention and other legal obligations;
  • Contractual Obligation: to satisfy our obligations to you under our Terms of Use, including to provide you with our Services and customer support services, and to optimize and enhance “Greatest Hits:NFT by Chris Cuffaro”;
  • Legitimate Interest: to monitor the usage of “Greatest Hits:NFT by Chris Cuffaro”, conduct automated and manual security checks of our Services, to protect our rights; and
  • Consent: to market “Greatest Hits:NFT by Chris Cuffaro” and our Services.  You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before consent is withdrawn.

EUROPEAN PRIVACY RIGHTS
European residents have the following rights under GDPR, subject to certain exceptions provided under the law, with respect to their personal data:

  • Rights to Access and Rectification.  You may submit a request that “Greatest Hits:NFT by Chris Cuffaro” disclose the personal data that we process about you and correct any inaccurate personal data.
  • Right to Erasure.  You may submit a request that “Greatest Hits:NFT by Chris Cuffaro” delete the personal data that we have about you.
  • Right to Restriction of Processing.  You have the right to restrict or object to our processing of your personal data under certain circumstances.
  • Right to Data Portability.  You have the right to receive the personal data you have provided to us in an electronic format and to transmit that personal data to another data controller.

To submit a request to exercise these rights, please contact us using the methods described at the end of this Privacy Policy.  When handling requests to exercise European privacy rights, we check the identity of the requesting party to ensure that he or she is the person legally entitled to make such request.  While we maintain a policy to respond to these requests free of charge, should your request be repetitive or unduly onerous, we reserve the right to charge you a reasonable fee for compliance with your request.

LAWFUL BASES FOR PROCESSING
We process personal data subject to GDPR on one or more of the following legal bases:

  • Legal Obligation to conduct anti-fraud and to fulfill our retention and other legal obligations;
  • Contractual Obligation: to satisfy our obligations to you under our Terms of Use, including to provide you with our Services and customer support services, and to optimize and enhance “Greatest Hits:NFT by Chris Cuffaro”;
  • Legitimate Interest: to monitor the usage of “Greatest Hits:NFT by Chris Cuffaro”, conduct automated and manual security checks of our Services, to protect our rights; and
  • Consent: to market “Kurt Cobain by Jesse Frohman” and our Services. You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before consent is withdrawn.

COLLECTION AND TRANSFER OF DATA OUTSIDE THE EEA
Greatest Hits:NFT by Chris Cuffaro” operates with many of our systems based in the United States.  As a result, we may transfer personal data from Europe to third countries outside of Europe, including the United States, under the following conditions:

  • Contractual Obligation.  Where transfers are necessary to satisfy our obligation to you under our Terms of Use, including to provide you with our Services and customer support services, and to optimize and enhance “Greatest Hits:NFT by Chris Cuffaro”; and
  • Consent: where you have consented to the transfer of your personal data to a third country.

Where transfers to a third country are based on your consent, you may withdraw your consent at any time.  Please understand, however, that our services may not be available if we are unable to transfer personal data to third countries.

When we transfer personal data to third countries, we endeavor to ensure adequate safeguards are implemented, for example through the use of standard contractual clauses or Privacy Shield certification.

AUTOMATED DECISION-MAKING
We may engage in automated decision-making for purposes of fraud detection and prevention.

CONTACT US
If you have questions or concerns regarding this policy or our processing of your Personal Information, please feel free to email us at chriscuffaro@icloud.com; or write to us at CHRIS CUFFARO, 9443 Whitworth Drive, Beverly Hills, CA 90212.

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