TERMS OF SERVICE

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR PLATFORM (DEFINED BELOW) AND RELATED SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM IN ANY MANNER.

Effective as of April 12, 2024

Welcome to Festisia. Please read on to learn the rules and restrictions that govern your use of our websites, products, and services (all of the foregoing, together with the functionality and services associated therewith, collectively, the “Platform”). If you have any questions, comments, or concerns regarding these terms or the Platform, please contact us at Festisia@superflypresents.com

These Terms of Services (“Terms”) are a binding contract between you and Sup3r, Inc. (“SUP3R” or “Company”) and all its affiliated entities, successors, assigns, agents, companies, and licensees (collectively hereinafter, “us” “we” “our“). Your use of the Platform in any way means that you agree to all of these Terms. These Terms will remain in effect during your entire use of the Platform. These Terms include the provisions in this document, as well as those in the posted Privacy Policy and any additional terms we incorporate periodically at our discretion. Your use, in any way, of the Platform is at all times subject to these Terms. You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use the Platform. Please read these Terms carefully.

  1. Acceptance of Terms.

BY ACCESSING AND USING THE PLATFORM YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.

These Terms may be prospectively changed, modified, altered or updated by us in our sole discretion at any time without prior notice. Accordingly, when you access or use the Platform, you are solely responsible for checking the effective date of the Terms and being aware of any changes since  the last version. Your continued use of the Platform after we make changes is deemed  to be an acceptance of those changes, so please check the Terms periodically for updates. Your access to and use of the Platform will be governed by the Terms that are in effect at the time  of such access or use.

  1. Third Party Applications.

The Platform may include third party software applications and services (or links thereto) (“Third Party Applications”). SUP3R does not control Third Party Applications. You agree that neither SUP3R nor SUP3R’s affiliates, parent companies, subsidiaries, contractors, suppliers, business partners and licensors and each of their respective officers, agents, partners and employees, are responsible or liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Applications or their use. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Platform at any time. The availability of Third Party Applications on the Platform does not imply our endorsement of, or our affiliation with any provider of such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in these Terms or our Privacy Policy. This Agreement does not create any legal relationship between you and us with respect to Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our respective Representatives or Providers, with respect to any Third Party Application.

  1. Intellectual Property Ownership, Licenses and Restrictions

3.1 Ownership

The Platform contains materials and other items relating to or owned by SUP3R, including articles, posts, data, files, images, text, graphics, instructions, illustrations, photographs, sounds, videos, URLs, technology, software, interactive features, the “look and feel” of the Platform, and the compilation, assembly, and arrangement of the materials of the Platform and any and all copyrightable material, trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of SUP3R and other forms of intellectual property and all intellectual property rights therein (collectively, “SUP3R Intellectual Property”), and similar items from our licensors and other third parties (collectively, together with the SUP3R Intellectual Property, the “Content”). Subject to the licenses expressly granted below, we (or our licensors, as applicable) own all rights, title and interest in and to the SUP3R Intellectual Property.  SUP3R Intellectual Property may be used only in connection with the use of the Platform, for personal, non-commercial purposes, as expressly permitted in these Terms.

If you have any suggestions, questions or comments regarding strategic partnerships related to the SUP3R Intellectual Property, please contact us at Festisia@superflypresents.com. We reserve the right to accept or decline any suggested partnerships solely at our discretion.

3.2 Limitations on Use

Subject to the licenses expressly granted below, all rights, title, interest in and to the Platform and the Content are the property of SUP3R or our licensors or certain third parties and are protected by United States and international copyright laws. Unless explicitly stated by SUP3R or any applicable third party, you should assume that all Content is protected by copyright, trademark or other applicable intellectual property rights and may not be used except as permitted in these Terms. SUP3R does not grant, by implication, estoppel, or any other manner, any license or right to use any Content in a manner that is inconsistent with these Terms unless SUP3R and/or any third party that may own additional intellectual property provide prior written permission. You may not copy, modify, distribute, sell or lease any part of our services or the Platform or its software, nor may you reverse engineer or attempt to extract the source code or source hyperlinks of that software, nor may you use any information contained within the Platform to independently approach third parties.

3.3 Grant of License Generally

The Platform is exclusively for your personal, noncommercial use and is intended for personal enjoyment and non-commercial entertainment purposes only. You agree not to use the Platform for any other purpose unless explicitly authorized by SUP3R in writing. SUP3R grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your own personal, noncommercial use only as permitted in these Terms. You may not use the Platform for any unlawful purpose. We reserve all rights in and to the Platform not expressly granted to you under these Terms.

3.4 Creative Materials and Limited Grant of License

Without limiting the generality of the foregoing or any other items in these Terms, subject to your continued compliance with these Terms, SUP3R grants you a limited, non-exclusive, non-transferable, royalty-free license to display the Content, solely, for your own personal, non-commercial use;

You may not (and may not permit any third party to):

  • modify the Content in any way;
  • use the Content to advertise, market, or sell any product or service; use the Content in any manner which would constitute or amount to an endorsement of, or relationship with, any particular third party, entity, product, product category, charity, service or other;
  • grant any third-party the right to use the Content in any way that is inconsistent under these Terms;
  • use the Content in connection with images, videos, or  any other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs or anything else that could reasonably be found to constitute hate speech, be considered detrimental or otherwise infringe upon the rights of others;
  • use the Content in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use;
  • sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the Content;
  • attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Content, notwithstanding the limited license granted pursuant to these Terms; or
  • otherwise use the Content for your or any third party’s commercial benefit without the express prior written permission of SUP3R, which shall have full discretion to deny such request.

3.5 Proprietary Notices

Additionally, you agree to not remove any proprietary notices or labels on or in Content . You also agree to not bypass, modify, defeat or circumvent any technologies or methods used to deliver or protect the Content.

3.6 Modifications

We reserve the right to modify or discontinue the Platform or any parts of any associated software or applications with or without notice, at our sole discretion and at any time. SUP3R (including, without limitation, our licensors) shall not be liable to you or any third party for any modification, suspension or discontinuance of the Platform or any associated software or applications.

  1. Terms of Service; Privacy and Access Credentials

4.1 Privacy

By using SUP3R’s Platform and any related services, it is your responsibility to know, understand and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. Any information that you may provide SUP3R during your use of the Platform is subject to the Privacy Policy. Any information that you may provide to a Third Party Application during your use of the Platform is subject to the Third Party Application’s privacy policy, and your use of any Third Party Application included in the Platform is governed by the terms of service of the applicable Third Party Application. You agree that we shall not be responsible or liable for any misuse of the information you provide to any Third Party Application.

4.2 Access Credentials

You may need to register to use any part(s) of the Platform. When registering for the Platform (directly or through third party services), you may be required to select a username and password, private key, or other form of secure authentication that you will use to access your account (collectively, “Access Credentials”). You are responsible for any use of your Access Credentials to access the Platform, whether by you or others. You hereby agree to keep your Access Credentials confidential and not share them with anyone else. You shall be solely responsible for the safekeeping of your Access Credentials. SUP3R shall not be liable for any loss or damage arising from your failure to protect your Access Credentials or any other personal information, including but not limited to loss of access to the Platform. You authorize SUP3R to act on instructions received through use of your Access Credentials. SUP3R may, but is not obligated to, deny access or block any transaction made through use of your Access Credentials without prior notice.

5.Termination

We may, in our sole discretion at any time, for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of the Platform. Termination may include, but is not be limited to (a) removal of your access to the Platform, (b) the deletion of all account information related to the Platform, and (c) barring any further use of or access to the Platform by you.

  1. Inherent Risks of Digital Assets

There are risks associated with using digital assets including, but not limited to, the risk of hardware, software and Internet connections, malicious software introduction, and the risk of third parties obtaining unauthorized access to information stored within the Platform. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the the Platform, no matter the cause of such issue.You expressly understand and agree that your use of the Platform is at your sole risk and that the Platform is provided “as is” and “as available.” Neither SUP3R, its parent companies, subsidiaries, affiliates, contractors, suppliers, business partners, licensees, and licensors and each of their respective officers, agents, partners and employees shall have any liability with regard to your use of the Platform, regardless of cause or harm.

  1. Disclaimer of Warranty

THERE IS NO WARRANTY FOR THE PLATFORM TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE COMPANY AND/OR OTHER PARTIES PROVIDE THE PLATFORM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COSTS OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PLATFORM, OR RELATED SERVICES, YOUR INABILITY TO USE THE PLATFORM, OR RELATED SERVICES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE PLATFORM. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE FEES YOU PAID TO US FOR  THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM AT ISSUE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

  1. Indemnity

You agree to defend, indemnify and hold us, our parent companies, subsidiaries, affiliates, contractors, suppliers, business partners and licensors and each of our respective officers, agents, partners and employees (the “SUP3R Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (1) your use of the Platform or related services in violation of these Terms or additional terms, or arising from a breach of these Terms or additional terms (including, without limitation, any breach of your representations and warranties set forth in these Terms); (2) any allegation that any content or other material you have submitted or transmitted to the Platform or related services infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; (3) your violation of applicable laws and regulations; or (4) your activities or omissions in connection with the Platform or related services.

  1. Force Majeure

In no event shall SUP3R be liable or deemed to be in breach of these Terms, or any current or future terms, for any delay or failure to perform arising or caused by, directly or indirectly, forces beyond its control, including, without limitation, riots, civil disorder, government order or law, accidents, earthquakes, explosions, strikes, lockouts, epidemics, pandemics or other public health crises or emergencies, hurricanes, breakout of war, or other similar events.

  1. No Liability for Transactions

You accept and agree that we are not liable to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Platform, or any other payments or transactions that you conduct.

  1. Governing law.

These Terms and your use of the Platform will be governed by federal and New York Law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Platform and related services.

  1. Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Use or accessing the Platform constitutes your acceptance of this Arbitration provision.

As a condition of using the Platform or related services, you and we agree that any and all disputes, claims, and causes of action (collectively, “Claims”) arising out of or connected with the Website or Services (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.

You may seek arbitration of a Claim by contacting our registered agent at: SUP3Rcopyright@superf.ly

The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.

  1. Information You Submit.

Your submission of information through the Platform is governed by our Privacy Policy, which is located at PRIVACY POLICY (the “Privacy Policy”) and is incorporated into this Terms. Further, to the extent that you submit any personally identifiable information to any third party in connection with the Platform (for example, via a Third Party Application, as defined herein), such third party’s collection, use and disclosure of such information may be governed by its own privacy policy, and not by our Privacy Policy. In any event, we are not responsible for the information collection, usage and disclosure practices of third parties. You agree that all information you provide to us is true, accurate and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Platform, you do so at your own risk.

  1. Rules of Conduct. In using the Platform, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us.

You will not: (a) Post, submit, transmit, or otherwise make available, through or in connection with the Platform: (i) Anything that is or may be threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortious; obscene, indecent, pornographic or otherwise objectionable; or protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; (ii) Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking”; (iii) Any virus, worm, Trojan horse, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (iv) Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; or (v) Any material non-public information about a company without the proper authorization to do so; (b) Use the Platform for any fraudulent or unlawful purpose; (c) Use the Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Platform; (d) Impersonate any person or entity, including any of our (or our affiliates, or licensors) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make; (e) Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies or regulations of such networks; (f) Restrict or inhibit any other person from using the Platform (including by hacking or defacing any portion of the Platform); (g) Use the Platform to advertise or offer to sell or buy any goods or services without our express prior written consent; (h) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform; (i) Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform; (j) Remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform; (k) Frame or mirror any part of the Platform without our express prior written consent; (l) Create a database by systematically downloading and storing all or any Platform content; or (m) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Platform, without our express prior, written consent.

We may terminate your use of the Platform for any conduct that we consider to be inappropriate, or for your breach of these Terms.

  1. Submissions.

16.1 Generally.

The Platform may contain areas where you can post information and materials, including, without limitation, text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (each, a “Submission”). Submissions that you post are subject to the Terms and Conditions of Submission, located at [LINK to Terms and Conditions of Submission] and incorporated into these Terms.

16.2  Disclaimers.

It is possible that Platform visitors will submit information or materials on the Platform that are wrong or misleading or that otherwise violate these Terms. We do not endorse and are not responsible for any information or materials made available through the Platform or your use of such information or materials. All Submissions will be deemed to be non-confidential and may be used by us (i) without any confidentiality or other non- disclosure obligations and (ii) without attribution to you or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Platform or the amount of storage space available for Submissions.

16.3 No Obligation to Use. For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under these Terms, and we shall have no obligation to use or otherwise exploit any Submission.

16.4 Monitoring.

We may, but have no obligation to: (a) monitor, evaluate or alter Submissions before or after they appear on the Platform; (b) seek to verify that all rights, consents, releases and permissions in or relating to such Submission have been obtained by you in accordance with your representations above; (c) refuse, reject or remove any Submission at any time or for any reason (including, without limitation, if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above). You agree to cooperate with us in our verification or inquiries related to the foregoing. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose, and in accordance with our Privacy Policy.

We, our affiliates and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Platform, including without limitation “Festisia”. All trademarks and service marks on the Platform not owned by us or our affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.

  1. Filtering.

The Platform may contain content deemed unsuitable to minors. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protection is available on-line.

  1. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the websites, please send an e-mail to Festisia@superflypresents.com. You may also contact us by writing to Sup3r, Inc., 72 Madison Ave, New York, NY 10010. 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.

 

  1. Forward-Looking Statements.

Statements appearing on the Platform that concern us, our affiliates or our and their management and that are not historical facts are “Forward-Looking Statements.” # Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Platform.

  1. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Notices and counter-notices should be sent to:

SUP3R, 72 Madison Ave, 2nd Floor, NY, NY 10010

We suggest that you consult your legal advisor before filing a notice or counter-notice.

  1. General Information.

21.1 Age Restrictions.

Use of the Platform is only intended for purchase and use by persons 18 years of age or older. You acknowledge and agree that you are not permitted to visit SUP3R’s Platform if you are under the age of 18. By using the Platform, you certify that you are at least 18 years of age and agree to provide us with accurate information and verification concerning your age or identity if we request it. You also agree not to assist anyone under the age of 18 in accessing SUP3R’s Platform or attempt to contact anyone under 18 while accessing or using the Platform and any related services.

21.2 No Third Party Beneficiaries.

Except as otherwise expressly provided in these Terms, you agree that there shall be no third party beneficiaries to these Terms. You acknowledge, accept and agree that SUP3R’s licensors and respective affiliates, investors, subsidiaries, and parent company, and any other person or entity as SUP3R may designate from time to time, are intended third party beneficiaries of these Terms.

21.3 Miscellaneous.

Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision, and we shall have the full discretion of exercising or enforcing such right or provision on the timing of our choosing. The section titles, subtitles and headers in these Terms are for convenience only and have no legal or contractual effect. These Terms and your account on the Platform are personal to you and may not be transferred or assigned at any time and under any circumstances. Our performance under these Terms is subject to existing and applicable laws, regulations and legal process. If any part of these Terms is deemed to be illegal, invalid, void or unenforceable for any reason, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Terms, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Platform), constitute the entire understanding between you and us. These Terms apply solely to the extent permitted by law.

21.4 Limitations Period.

You agree that regardless of any statute or law to the contrary, any claim, or cause of action you may have arising out of or related to the use of the Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Information.

SUP3Rsupport@superf.ly