YOU MAY NOT USE THE LOT BIRDS WEBSITE UNLESS YOU AGREE TO ITS TERMS AND CONDITIONS. USE OF THE WEBSITE WILL AUTOMATICALLY CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS.

TERMS & CONDITIONS
The Lot Birds site is not intended for children.  You must be at least 18 years old to access this site or purchase a Lot Bird. If you are under 18 years old you are not permitted to use this site for any reason. By accessing the site, you represent and warrant that you are at least 18 years of age.

Lot Birds and Jerry’s Middle Finger collections of digital artwork (NFTs) run on the Ethereum network. This website is only an interface allowing participants to purchase digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Lot Birds and all NFTs provided by Jerry’s Middle Finger LLC run on smart contracts on the Ethereum network; there is no ability to undo, reverse, or restore any transactions. This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Jerry’s Middle Finger digital collectibles.

We may make changes to the terms at our discretion. Please check these terms periodically for changes. Any changes to the terms will apply on the date that they are made, and your continued access to or use after the terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised terms, you may not access or use the site.

Disclaimer
This site and any products or services made available through or in connection with the site are provided to you “as is” without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the site and any products or services made available through or in connection with the site, including any reliance on the accuracy, completeness or usefulness of any materials available through the site. Jerry’s Middle Finger LLC disclaims all warranties with respect to the site and any product or service (including third-party products and services) obtained or accessed through the site, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, noninfringement, and title. We can’t and don’t guarantee that any content of, or products or services made available through or in connection with, the site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of your use of the site.

Ownership
You own the NFT. Each Lot Bird is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying Lot Bird, the art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Lot Bird.

Personal Use. Subject to your continued compliance with these Terms, Jerry’s Middle Finger LLC grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, 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 Lot Bird / NFT, provided that the marketplace cryptographically verifies each Lot Birds owner’s rights to display the Art for their Lot Bird 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 Lot Bird, provided that the website/application cryptographically verifies each Lot Bird owner’s rights to display the Art for their Lot Bird 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 Lot Bird leaves the website/application.

Commercial Use. Subject to your continued compliance with these Terms, Jerry’s Middle Finger LLC grants you an unlimited, worldwide license to use, copy, and display the purchased art for the purpose of creating derivative works based upon the art (“Commercial Use”).

Lot Birds IP.  Other than the rights to the art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Jerry’s Middle Finger LLC including, without limitation, to Lot Birds and future projects Jerry’s Middle Finger LLC and the associated logos. All of these rights are expressly reserved in the name of Jerry’s Middle Finger LLC.

Limitation of liability, Indemnification and Risk
Jerry’s Middle Finger LLC will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory, including damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, Jerry’s Middle Finger LLC will not be liable for damages of any kind resulting from your use of or inability to use the site by any Jerry’s Middle Finger LLC entity or any third party. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. 

You agree to hold harmless and indemnify Jerry’s Middle Finger subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to your breach of these terms, your misuse of the site, or your violation of applicable laws, rules or regulations in connection with your access to or use of the site.

You accept and acknowledge each of the following:
Please be aware that the prices of NFTs are extremely volatile. NFTs such as Lot Birds should not be considered an investment. You assume all risks in that connection. Ownership of a Lot Bird means ownership of digital artwork only. Accordingly, no information on this site (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Nothing on this site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Lot Birds has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Lot Bird and the associated art is in compliance with laws and regulations in your jurisdiction.
You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled.  New regulations could negatively impact such technologies impacting the value for your NFTs. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.

Fees and Payment
If you elect to purchase a Lot Bird through the site, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions.  We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network.

Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.

We will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum network nor do we have no control over and make no guarantees regarding any smart contracts.

Arbitration and Dispute Resolution
Any dispute, controversy or claim arising out of or relating to this agreement, whether under contract, tort, statute or any other legal theory, or the breach, termination or invalidity of this agreement, shall be finally settled by binding arbitration before a single arbitrator administered by the American Arbitration Association and conducted in accordance with its Commercial Arbitration Rules in effect when the Arbitration is noticed. The Arbitration proceedings shall be confidential and in English. The award rendered by the arbitrator shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. Any Arbitration brought in connection with this agreement will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No Arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. To the extent allowed under applicable law, you and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. 

You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under these terms. You and we also agree that any claims will be resolved individually not as a plaintiff or class representative, member of otherwise on behalf of others in any proposed class, collective, or representative proceeding and not through any class action, if a claim proceeds in court anyway, we both waive any right to a jury trial; and either you or we may seek a court injunction regarding intellectual property infringement. Arbitration does not involve a judge or jury.