Terms & Conditions

SmartNetix LLC (doing business as “YEET”) celebrates representation, inclusivity and equal opportunities for all, through its community, Web3 initiatives and collections of non-fungible tokens (“NFT”) based on the Solana blockchain to which are attached visual assets representing unique, Youth Earning Empowerment Token (“YEET”).

These terms and conditions (“Terms”) rule the relationship between YEET and any person (“User”, “You”) accessing and/or using YEET website (www.yeetopia.com, also referred to herein as “YEET.SERVICES/YEETROCKETGAME.COM Website”).

Please read these Terms carefully before using the YEET Website.

1 CONDITIONS OF USE OF THE YEET WEBSITE

THE YEET WEBSITE IS INTENDED TO USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. THUS, BY USING THE YEET WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND YOU ARE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS EXHAUSTIVELY AND UNCONDITIONALLY.

IF THE USER IS UNDER EIGHTEEN (18) YEARS OLD, THE USER UNDERTAKES TO OBTAIN THE PRIOR AND EXPRESS CONSENT OF HIS/HER PARENT OR LEGAL GUARDIAN TO USE THE YEET WEBSITE AND TO REVIEW THE TERMS WITH THEM. THE PARENT OR LEGAL GUARDIAN OF A USER UNDER EIGHTEEN (18) YEARS OLD UNDERTAKES TO ABIDE BY THESE TERMS AND ACKNOWLEDGES TO BE RESPONSIBLE FOR THE ACTIVITIES OF THE USER ON THE YEET WEBSITE.

IN CASE OF YOUR DISAGREEMENT, IN WHOLE OR IN PART, WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE ANY AND ALL USE OF THE YEET WEBSITE.

2 AMENDMENT TO THE TERMS

The Terms may be updated from time to time as YEET may deem necessary or useful.

In the event you do not agree to the Terms, including as may be amended, you shall cease any and all utilization of the YEET Website and related Services.

3 ACCESS TO THE YEET WEBSITE

You are personally responsible for setting up the IT and telecommunications resources required to access the YEET Website and use the Services. You shall bear the cost of telecommunications when accessing the Internet to use the YEET Website.

YEET reserves the right to, without notice nor compensation, temporarily or permanently, close the YEET Website or access to one or more Services in order to perform maintenance operations. YEET may carry out any changes and improvements to the YEET Website and Services that it deems necessary.

4 SERVICES

4.1 General Services

The YEET Website gives you access to functionalities, features and services related to YEET NFT collections and community (the “Services”).

Access to some Services may only be available to the holder of a YEET NFT and require proof of ownership by connecting a supported blockchain-based digital wallet to the YEET Website (“Digital Wallet”).

Digital Wallets are third-party products and services that are not affiliated, in any way whatsoever, with YEET nor in its custody or control. Access and use of Digital Wallets are at the User’s own risk and discretion and subject to their own applicable terms.

You are solely responsible for your Digital Wallet security, including associated passwords, seed words, and keys. YEET shall not, in any event whatsoever, be held responsible for any risk associated with your access and/or use of a Digital Wallet. In the event you lose or can no longer access your Digital Wallet, YEET cannot retrieve your YEET NFT from your Digital Wallet.

4.2 NFT Primary Sale Services on the YEET Website

The YEET Website may, in its sole discretion, give you access to primary sales of YEET NFTs through one or several of the following access rights: free mint for holders of a YEET NFT, allow list and/or public sale.

You will be required to connect your Digital Wallet to the YEET Website in order to, depending on the rights you have been granted on the primary sale, (i) where applicable, confirm your current ownership of a YEET NFT, and/or (ii) where applicable, transfer to YEET the applicable purchase price, and (iii) receive an NFT.

Applicable purchase price of a YEET NFT are set forth on the YEET Website and are binding at the time of purchase. Additional fees (including gas fees) may be required at the time of purchase to complete the sale. YEET does not monitor nor benefit from these fees.

YEET will directly transfer the YEET NFT you acquired to the supported Digital Wallet you connected to the YEET Website, depending the case and where applicable, upon confirmation of ownership of a YEET NFT or upon receipt of the corresponding purchase price.

All sales completed on the YEET Website are final. Pursuant to applicable law, you acknowledge that no withdrawal, return and/or refund rights apply.

4.3 NFT secondary sale on third-party platform

User may resell and/or purchase YEET NFT on third-party platforms as part of secondary sales.

Platforms dedicated to secondary sales are third-party services that are not affiliated with Pudgy Penguins and which access and use are at user’s own risk and discretion and subject to their own applicable terms.

YEET may benefit from a percentage of the resale price of your YEET NFT, as set forth on the YEET Website and subject to the third-party platform’s policy on which the resale is completed.

You undertake to only resell and/or purchase YEET NFT on third-party platforms that (i) cryptographically verify each NFT owner’s rights to display and list a YEET NFT for sale, to ensure that only the actual owner of this NFT can proceed with its resale, and (ii) provide for a percentage of the resale price to be automatically granted to YEET upon resale.

By reselling and/or purchasing a YEET NFT on an authorized third-party platform, you agree to abide by these Terms.

5 UNDERTAKINGS OF THE PARTIES

5.1 Users Undertakings

Users shall not, directly or indirectly, without being expressly authorized by these Terms and/or the Digital Ownership Assignment, or by prior written consent of YEET, in any way whatsoever:

(I) copy, modify, communicate, transmit or create any derivative work, use, commercialize or reproduce all or part of the YEET Website and/or YEET Property, and related intellectual property rights of YEET, or register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any YEETs Property; use the YEET Website or any YEET Property to create, endorse, support, promote or condone any content, material or speech that is, or may be deemed to be by YEET at its sole discretion, defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate; and, in general, access, download, upload, share, communicate any content and/or use the YEET Website or YEET Property in a way that may infringe the rights, including intellectual property rights, of YEET or third parties, damage the reputation, rights and interests of YEET, or falsely suggest an affiliation with or endorsement by YEET.
(II) decompile, disassemble the YEET Website, reverse engineer or attempt to discover or reconstruct the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of the YEET Website except to the extent permitted by law, in any manner whatsoever. In the event the User wishes to obtain the information necessary to implement the interoperability of YEET the Website with other software developed or independently acquired by the User, for use in accordance with the destination of the YEET Website, the User undertakes, before relying on a third party, to first consult YEET which may provide the necessary information for the implementation of such interoperability. The User acknowledge that, where appropriate, the exact cost incurred internally by YEET for providing this information will be invoiced by YEET to the User;
(III) proceed alone, or with help of a third-party service provider, to correct of any errors in and/or alter any content of the YEET Website in order to make it conform to her/his own purposes (YEET alone reserves for itself the exercise of this right in accordance with exceptions provided by law); or integrate or combine the YEET Website with other software or documents or create composite or derivative works with help of all or parts of the YEET Website;

and, in general, violate any law or regulation, or make any use of the YEET Website, Services or YEET Property that may be deemed contrary to public order or unfair.

5.2 Undertakings of YEET

YEET endeavors use reasonable efforts to (i) act honestly, fairly and professionally, (ii) communicate with the holders of YEET NFT in a fair and clear manner, (iii) prevent, identify, manage and disclose any conflicts of interest that may arise, (iv) maintain all of its systems and security access protocols to appropriate standards of applicable laws and regulations, and, in general (v) act in the best interests of the holders of YEET NFT and treat them equally, unless provided otherwise on the YEET Website or any other notice by YEET .

6 SECURITY

6.1 YEET Website security

YEET shall make its best efforts to deploy the necessary resources to ensure Users’ access to and effective operation of the YEET Website twenty-four hours a day and seven days a week. However, given the limitations related to the Internet, YEET cannot guarantee that access and operation of the YEET Website will not be interrupted, such as in event of force majeure, malfunction of the Users’ equipment, malfunctions of the Users’ Internet networks and/or maintenance operations designed to improve the YEET s Website.

The User hereby represents, warrants, and agrees that, when accessing and/or using the YEET Website and Services, the User shall refrain from any act and/or omission which could, in any way whatsoever (i) jeopardize the security of the YEET Website; (ii) attempt, in any manner, to obtain passwords or other security information from any other User; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run any processes that interfere with the proper working of the YEET Website and Services; (v) disturb, hinder and/or prevent the proper functioning of the YEET Website and Services (such as, but not limited to, downloading viruses or malicious code whatsoever or by performing hacking activities of any nature or that otherwise interfere with the proper functioning of the YEET Website and Services).

6.2 Malicious third parties

Please be aware that malicious third parties may offer for sale NFT counterfeited YEET Property and/or falsely act as affiliated to or endorsed by YEET . In case of doubt, please contact YEET in accordance with Article 12 below.

Your interactions with these third parties are at your own risks and discretion. YEET is not responsible, in any way whatsoever, for any act or omission of said malicious third parties, nor any adverse consequence resulting from your interactions with them.

7 DISCLAIMER

YEET offers Services related to crypto-assets (NFT) that are unique and not fungible with other crypto-assets. Each YEET NFT is unique and exclusive to its owner.

YEET is not a provider of digital asset services including, but not limited to, services regarding initial coin offering; custody of digital assets on behalf of third parties or access to digital assets for the purpose of holding, storing and transferring digital assets; the purchase and sale of digital assets in legal tender; the exchange of digital assets for other digital assets; the operation of a digital asset trading platform; or any services related to third party order reception and transmission, third party portfolio management, advice, underwriting, guaranteed placement and unguaranteed placement.

YEET does not provide asset intermediation services including, but not limited to, services related to the offer, to clients or potential clients, to acquire rights on one or more assets on the basis of the possibility of a direct or indirect financial return or similar economic effect.

In this regard, the User hereby represents, warrants, and agrees that any use of the YEET Website and Services, including any purchase of a YEET NFT, is made for its sole personal collection, use and enjoyment. User shall refrain from any act and/or omission which could, in any way whatsoever, be interpreted as or suggest that (i) the User is accessing or using the YEET Website and/or Services, including purchasing a YEET NFT, for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution, or that (ii) accessing or using the YEET Website and/or Services, including purchasing a YEET NFT, may constitute an opportunity to gain economic benefit or profit, or an investment, equity, or other ownership or profit-sharing interest in YEET or its affiliates or business partners of any kind. In this regard, YEET makes no warranties whatsoever with regard to any future value or resale price of a YEET NFT.

You are the sole responsible for your compliance with applicable laws and regulations, including tax obligations in relation with NFT and cryptocurrencies. Please be aware that changes in applicable laws and regulations may impact the Services and your rights and obligations regarding your YEET NFT.

8 WARRANTY AND LIABILITY

8.1 Warranties

It is expressly agreed that YEET obligations under these Terms are obligations of means. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY ACKNOWLEDGES THAT THE YEET WEBSITE, SERVICES, INCLUDING YEET NFT, ARE PROVIDED BY YEET “AS IS”. OTHER THAN AS PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YEET MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES.

YEET makes no warranties whatsoever, regarding the YEET Website, the Services, and any transaction involving, in whole or in part, YEET NFT and/or cryptocurrencies, including, but not limited to, with regard to any risk associated with YEET NFT, such as, risk of failure to transfer the NFT to the User due to an error, such as forgotten passwords, mistyped addresses or incorrectly constructed transactions, mining attacks, cybersecurity attacks, blockchain malfunctions or other technical errors, telecommunications failure, unfavorable regulatory determinations or actions in one or more jurisdictions (including with respect to NFTs and/or cryptocurrencies), taxation of NFTs or cryptocurrencies, personal information disclosure, uninsured losses, unanticipated risks, volatility risks, server failure or data loss, corrupted or otherwise inaccessible digital wallets, unauthorized access, inability to access, transfer or display the NFT, risks arising from third-party providers, including third-party providers that may mint and/or store the NFT, and any damages arising from any unauthorized third-party activities, including without limitation the introduction of viruses or other malicious code, phishing attacks, sybil attacks, fifty-one percent (51%) attacks, brute forcing changes to the protocol rules of the blockchain (i.e., “forks”), or other means of attack that may affect, in any way, the NFT.

YEET does not warrant that the User’s access and use of the YEET Website and the Services will be uninterrupted, timely and free from errors, malfunctions, viruses and malicious codes of any kind whatsoever. No information provided on the YEET Website is ever guaranteed in any way whatsoever.

The User expressly acknowledges and accepts that electronic communications may not be free from interferences with third parties. YEET shall in no event be liable for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of such interference with third parties through the Internet network.

8.2 Indemnification

The User shall indemnify, defend and hold YEET , and its member, directors, officers, employees, and agents (collectively, "YEET Claimants") harmless from and against any and all claims, liabilities, judgments, awards, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees), arising out from (i) any breach by the User, or any of its respective employees or agents if any, of this Terms or of any warranty, representation, covenant or obligation contained herein; (ii) any infringement or alleged infringement on the part of YEET Claimants in connection with any and all use of the YEET Website, Services and/or YEET NFT by the User.

8.3 Limitation of liability

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLYEET BE LIABLE FOR ANY INDIRECT DAMAGES CAUSED TO A USER IN RELATION TO ACCESS AND/OR USE OF THE YEET WEBSITE AND/OR THE SERVICES.

9 MISCELLANEOUS

9.1 Breach of Terms

If the User’s utilization of the YEET Website is deemed in breach of the Terms, YEET reserves the right to limit, suspend or terminate, temporarily or permanently, as of right, without any indemnification, compensation or refund whatsoever being owed and without any prejudice to any legal action that YEET may be entitled to, the User’s access to the YEET Website and/or the Services available to the User. YEET shall inform the User of its decision to suspend or limit the User’s rights and may, at its discretion, decide to restore the User’s rights.

9.2 Third party content

The YEET Website may display hypertext links redirecting the User to third party websites and/or applications. YEET shall not be held liable, in any way whatsoever, in respect of any hypertext links to third parties that may be accessible on the YEET Website. In this respect, please note that YEET neither has any control over the content published by such third parties nor monitors such content. As a result, YEET shall in no event be held liable in respect of any content published by third parties whatsoever. The User is hereby invited to duly read the terms and conditions governing third-party websites and applications that the User may access by clicking on hypertext links displayed on the YEET Website and related website pages.

In the event that any content posted on the YEET Website does not comply with these Terms and/or infringes applicable legal and regulatory provisions, in particular because it constitutes manifestly unlawful content (e.g., defamatory, denigrating or infringing on the User's intellectual property rights), any User may report such infringement by contacting YEET.services in accordance with Article 12.

9.3 Assignment

YEET may transfer all or part of its rights and obligations under these Terms to any entity, affiliate, subsidiary or third-party, including, but not limited to, in case of merger, division, partial asset transfer or full or partial business disposal. The User shall not transfer all or part of its obligations under these Terms, in any way whatsoever, without the express prior written agreement of YEET .

9.4 Validity

In the event any one or more of the provisions of these Terms are unenforceable, it shall be stricken from the applicable document, but the remainder of the Terms shall remain in force. The provisions declared unenforceable shall be replaced by the provisions that are closest in meaning and scope to the initial provisions.

9.5 Electronic communication

In accordance with applicable law, the User acknowledges and agrees that information exchanged between the User and YEET in electronic format (including via email) shall be deemed valid means of communication., notice and proof, equivalent to information in paper format.

10 APPLICABLE LAW

The validity of these Terms and any of its terms and provisions, as well as the rights and duties of the Parties hereunder, shall be governed, interpreted and enforced in accordance with the federal law of the United States and the law of the State of Delaware.

In the event of a dispute arising between the parties regarding the interpretation, execution or termination of these Terms, the parties shall endeavor to resolve such issue through amicable means. Notwithstanding anything to the contrary provided herein, the state or federal court of appropriate jurisdiction located in Harrison County, West Virginia shall be the venue for any formal disputes between User and YEET.

11 CONTACT INFORMATION

Please contact us by e-mail at info@yeet.services or by mail using the details provided below:

{ADDRESS PROTECTED}

12 DIGITAL MILLENNIUM COPYRIGHT ACT

Notice. We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights (other than content that was previously uploaded by you to YEET and as to which the User-to-User Complaint Process applies as described below), you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at or to the address provided in Article 12, attention DMCA Agent. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent or other representative of the rightsholder, rather than directly by an under-13 user. You acknowledge that if you fail to comply with all of the requirements of this Section 5(A), your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
A description of the material that you claim is infringing and where it is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. Any counter-notice submitted on behalf of an under-13 User must be submitted by a parent or other adult representative. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in YEET ’ sole discretion.

Repeat Infringer Policy. YEET ’ intellectual property policy is to: (i) remove or disable access to material that YEET knows to be infringing the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by an intellectual property rights owner or his or her agent; and (ii) in appropriate circumstances, to terminate the account of and block access to the YEET Website and Services by any User who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.

Trademark Infringement Our policies prohibit a User from providing user-generated content that infringes trademarks. If a User provides content that infringes trademarks, the User’s content can be blocked or removed.

If you are a trademark owner that believes your trademark is being infringed, please note that we are not in a position to mediate disputes between users and the holders of trademark rights. That being said, we take your rights seriously. So, we will look into and try to resolve any allegations of trademark infringement. Therefore, if you feel that your trademark rights are being infringed, contact our Trademark Agent at info@yeetservices.com or at the address provided in Article 12, attention Trademark Agent. When you contact us, please provide the following information in writing:

An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
A description of the trademark right that you claim has been infringed;
A description of the material that you claim is infringing and where it is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property owner’s behalf.

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