Besties, Inc (dba BFF)

Last updated April 21, 2022

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, WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

EXPORT CONTROLS NOTICE: BY PARTICIPATING IN OUR SERVICES, YOU REPRESENT THAT YOU ARE NOT A “SANCTIONED PERSON,” AS DEFINED BELOW, UNDER UNITED STATES LAW.

  1. Introduction

Besties, Inc. (“BFF,” “we,” “us”) operates an online service that, among other things, allows artists and other creators (“Artists”) to create and sell non-fungible tokens (each an “NFT,” collectively, “NFTs”), each associated with a work of digital art (each a “Digital Work,” collectively, “Digital Works”), and any rights, products, services, privileges, and/or benefits that BFF and/or Artists may choose to offer in connection with such sales (collectively, “Utility”), through our website, accessible at https://www.mybff.com (the “Website”), together with other services, websites, software, tools, features, and functionality made available by BFF (each, a “Service,” collectively, the “Services”).

You are entering into a binding agreement. By accessing or using our Services, you are entering into a binding agreement with BFF that includes: these terms and conditions, which govern your access to and use of our Services, products, and properties made available by BFF (“Terms”); our Privacy Policy, available at https://mybff.notion.site/Privacy-Policy-36116498dbb643cf915e07c6b5493b65 which governs our collection and use of personal information and other data (the “Privacy Policy”); additional terms that may apply to, and be published in connection with, a specific NFT or collection of NFTs (“Artist Terms”); and any other terms, conditions, or policies linked to in our Terms or Privacy Policy or any applicable Artist Terms. Therefore, please carefully review these documents. If you do not agree with the terms of these documents, you may not use our Services. If there is a conflict between these Terms and any Artist Terms or other the terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

We may modify these Terms. We reserve the right, at our sole discretion, to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

We may modify or terminate the Services. We reserve the right, at our sole discretion, to change the URL, modify or discontinue, and restrict or block access to, all or part of the Services without notice to you.

ALL TRANSACTIONS INITIATED THROUGH OUR WEBSITE ARE EFFECTED BY THIRD-PARTY DIGITAL WALLET EXTENSIONS (each, an “Extension”). BY USING OUR SERVICES, YOU AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICES AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. FOR METAMASK, THOSE TERMS ARE AVAILABLE AT https://metamask.io/terms.html AND https://metamask.io/privacy.html.

TO THE EXTENT AN ARTIST OFFERS UTILITY OR EXTENDS ARTIST TERMS IN CONNECTION WITH AN NFT SALE FACILITATED BY BFF, YOU ACKNOWLEDGE AND AGREE THAT BFF SHALL NOT BE A PARTY TO, OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH, OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY ARTIST WITH REGARD TO SUCH UTILITY OR ARTIST TERMS.

How to Participate in BFF’s NFT Collections