Welcome to Burn Ghost
\n \n Level up by playing fast, fun, & familiar original games. Just pick a contest, use your game arcade\n coins to enter and rank the leaderboard.\n \n \nPLAY ORIGINAL GAMES
\n \n Immerse yourself in our exciting orignal game lineup, play for free with arcade coins awarded daily!\n \n \nEVERYONE’S A WINNER
\n \n Regardless of your game score, you're always a winner here. Even last place on the leaderboard gets\n XP.\n \n \n\nOPEN LOOT BOXES - WIN PRIZES
\n \n Open Loot Boxes & win real prizes. Use Loot Bucks to open Loot Boxes for your chances to score big\n with our physical & digital prizes!\n \n \n\nBurn Ghost™ Website Terms and Conditions
\n\n The Burn Ghost™ website located at{\" \"}\n \n www.play.burnghost.com\n {\" \"}\n (the “Site”), is owned and operated by Burn Ghost Inc. (“Burn Ghost™,” “we,” “our” or “us”). These\n Burn Ghost™ Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Burn Ghost™\n Privacy Policy, the Contest Rules (as defined below), the Sweepstakes Rules (as defined below),\n the Site’s FAQs and any and all other applicable Burn Ghost™ operating rules, policies, price\n schedules and other supplemental terms and conditions or documents that may be published from time\n to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).{\" \"}\n
\n\n You agree to the terms and conditions contained in the Agreement, in their entirety, when you: (a)\n access or use the Site; (b) access, view and/or download certain text, images, photos, video,\n audio and other content and information featured on the Site, as made available by: (i) Burn\n Ghost™ (collectively, “Burn Ghost™ Content”); and (ii) third-parties (“Third-Party Content,” and\n together with the Burn Ghost™ Content, the “Content”); (c) register as a user (“User”) of the Site\n and open a Burn Ghost™ account (“Account”), which enables you to: (i) purchase Arcade Coins\n (\"Arcade Coins”) which can be used to enter certain arcade-style games (collectively, “Arcade Coin\n Contests”); (ii) obtain Loot Bucks (\"Loot Bucks”), through which you can enter certain\n arcade-style games (\"Loot Bucks Contests,” and together with the Arcade Coin Contests, the\n “Contests”); and (iii) access an array of online sweepstakes (collectively, “Sweepstakes”) games\n that you can enter in exchange for tickets (“Tickets”) that can be obtained from participating in\n Loot Bucks Contests and/or via the free, alternative means set forth below; (d) win prizes\n (“Prizes”) in connection with the Contests and/or Sweepstakes, which may consist of Arcade Coins,\n Tickets, Loot Bucks, cash, merchandise and/or certain unique non-fungible tokens (“NFTs”) made\n available in connection with the Contests and/or Sweepstakes ( “Burn Ghost™ NFTs,”; (e) access\n certain interactive features, group chats, message boards and comments sections made available to\n Users (collectively, “Interactive Services”); and/or (f) access links to the Burn Ghost™ social\n media pages/accounts appearing on third-party social media websites (collectively, “Social Media\n Pages”), such as Discord®, Facebook®, Instagram®, OpenSea® and X® (collectively, “Social Media\n Websites,” and together with the Site, Content, Arcade Coins, Loot Bucks, Contests, Tickets,\n Sweepstakes, Prizes and Burn Ghost™ NFTs, the “Burn Ghost™ Offerings”).\n
\n\n The Agreement constitutes the entire and only agreement between you and Burn Ghost™ with respect\n to your use of the Burn Ghost™ Offerings and supersedes all prior or contemporaneous agreements,\n representations, warranties and/or understandings with respect to your use of the Burn Ghost™\n Offerings and/or the products, services and/or programs provided by or through same. Unless\n explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s)\n or otherwise enhance(s) the current features of the Burn Ghost™ Offerings shall be subject to the\n Agreement.\n
\n\n \n PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF\n THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE BURN GHOST™ OFFERINGS IN\n ANY MANNER OR FORM.\n \n
{\" \"}\n\n \n THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A\n CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE\n HEREUNDER AGAINST BURN GHOST™, AS WELL AS ITS SHAREHOLDERS, PARENT, SUBSIDIARIES, RELATED\n PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”),\n WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE\n AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.\n \n
\n\n \n NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS\n PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).\n \n
\n\n \n Discord® is a registered trademark of Discord Inc. (“Discord”). Instagram® and Facebook® are\n registered trademarks of Facebook, Inc. (“Facebook”). OpenSea® is a registered trademark of\n Ozone Networks, Inc. (“OpenSea\"). X® is a registered trademark of X Corp. (“X”). Please be\n advised that Burn Ghost™ is not in any way affiliated with Discord, Facebook, OpenSea or X, nor\n are the Burn Ghost™ Offerings endorsed, administered or sponsored by any of the foregoing\n entities.\n \n
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\n Usage Requirements.\n
\n\n The Burn Ghost™ Offerings are available only to individuals who: (a) are over eighteen (18)\n years of age (or the applicable age of majority, if greater than eighteen (18) years of age\n in their respective jurisdictions of residence – for example, residents of Alabama and\n Nebraska must be nineteen (19) years of age or older and residents of Mississippi and Puerto\n Rico must be twenty-one (21) years of age or older); (b) can enter into legally binding\n contracts under applicable law; and (c) are residents of the United States, but not\n residents of the following states: Hawaii, Idaho, Michigan, Minnesota, Vermont or Washington\n (collectively, “Prohibited States”) (collectively, “Usage Requirements”). The Burn Ghost™\n Offerings are not intended for individuals who do not satisfy the Usage Requirements,\n including individuals under eighteen (18) years of age (or the applicable age of majority,\n if greater than eighteen (18) years of age in their respective jurisdictions of residence),\n individuals who cannot enter into legally binding contracts under applicable law and/or\n individuals that do reside in a Prohibited State. If a User does not satisfy the Usage\n Requirements in their entirety, that User does not have permission to access or use the Burn\n Ghost™ Offerings.\n
\n\n Residents of the states of Florida and New York may not be able to participate in certain\n Sweepstakes with Sweepstakes Prizes (as defined below) above Five Thousand Dollars\n ($5,000.00).\n
\n\n In addition to the foregoing, employees of Burn Ghost, any of its affiliates, subsidiaries,\n holding companies, advertising agencies, or any other company or individual involved with\n the design, production, execution or distribution of the Burn Ghost™ Offerings and their\n immediate family members (spouse, parents, siblings and children, whether the relationship\n is by birth, marriage or adoption) and household members (people who share the same\n residence at least three (3) months of the year) are not eligible to participate in any\n Contests and/or Sweepstakes.\n
\n\n \n WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE USERS ARE SOLELY\n AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT USE OF THE BURN GHOST™ OFFERINGS IS NOT\n PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE USER’S RESIDENT JURISDICTION\n INCLUDING, WITHOUT LIMITATION, ANTI-MONEY LAUNDERING LAWS, GAMING LAWS, GAMBLING LAWS AND\n LAWS ADDRESSING SWEEPSTAKES WITH ENTRY FEES AND/OR PRIZES (COLLECTIVELY, “APPLICABLE\n LAW”). WITHOUT LIMITING THE FOREGOING, YOU REPRESENT AND WARRANT THAT MONEY THAT YOU USE\n TO PURCHASE ARCADE COINS IS NOT TAINTED WITH ANY ILLEGALITY AND, IN PARTICULAR, DOES NOT\n ORIGINATE FROM ANY ILLEGAL ACTIVITY OR SOURCE, OR FROM ILL-GOTTEN MEANS.\n \n
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\n Wallet, Cryptocurrency and Technology Requirements.\n
\n\n Users shall be responsible, at all times, for obtaining and maintaining, at such Users’ sole\n cost and expense: (a) all input/output devices or equipment (such as a computer/mobile\n device, up-to-date Internet browser version, modems, terminal equipment, computer equipment\n and software) and communications services (including, without limitation, Internet\n connection, a functioning e-mail account, long distance or local telephone services)\n necessary to access the Burn Ghost™ Offerings and for ensuring that such equipment and\n services are compatible with Burn Ghost’s™ requirements; (b) functioning,\n Ethereum-compatible wallets that are accepted by both Burn Ghost, such as Coinbase®,\n MetaMask®, Portis®, WalletConnect® or a Burn Ghost custodial wallet (each, a “Wallet”), as\n such list may be revised from time-to-time by Burn Ghost™; and (c) any cryptocurrencies that\n are accepted by Burn Ghost™ for the purchase of Arcade Coins including, where applicable,\n Ethereum (“ETH”). Burn Ghost™ does not guarantee the quality, speed or availability of the\n Internet connection associated with any mobile device and/or computer. Burn Ghost™ does not\n guarantee that the Burn Ghost™ Offerings can be accessed: (i) on all mobile devices; (ii)\n through all wireless service plans; (iii) in connection with all Internet browsers; and/or\n (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply\n to use of the Burn Ghost™ Offerings through a wireless device. Users are fully responsible\n for all such charges and Burn Ghost™ has no liability or responsibility to any User,\n whatsoever, for any such charges billed by any wireless carrier\n
\n\n In addition to the foregoing, individuals are not permitted to access the Burn Ghost™\n Offerings with “Jail-Broken Mobile Devices.” For purposes of the Agreement, a Jail-Broken\n Mobile Device is a mobile device that runs: (A) Apple’s® iOS operating system (including the\n iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its\n iOS-based software restrictions removed via any procedure that is not fully endorsed and\n authorized by Apple®; and/or (B) the Android® operating system that has had any of its\n Android®-based software restrictions removed via any procedure that is not fully endorsed\n and authorized by the applicable mobile device manufacturer.\n
\n\n \n Coinbase® is a registered trademark of Coinbase Global, Inc. (“Coinbase”). MetaMask® is a\n registered trademark of ConsenSys Software Inc. (“MetaMask”). Portis® is a registered\n trademark of ShapeShift Global Limited (“Portis”). WalletConnect® is a registered\n trademark of WalletConnect Inc. (“WalletConnect”). Please be advised that Burn Ghost™ is\n not in any way affiliated with Coinbase, MetaMask, Portis or WalletConnect, and the Burn\n Ghost™ Offerings are not endorsed, administered or sponsored by any of the foregoing\n entities.\n \n
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\n Modification.\n
\n\n To the extent permissible by applicable law, we may amend the Agreement from time to time\n in our sole discretion, without specific notice to you; provided, however, that: (a) any\n amendment or modification to the arbitration provisions, prohibition on class action\n provisions or any other provisions applicable to dispute resolution (collectively, “Dispute\n Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable\n amendment or modification; and (b) any amendment or modification to pricing and/or billing\n provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the\n applicable amendment or modification. The latest Agreement will be posted on the Site, and\n you should review the Agreement, in its entirety, prior to each use of the Burn Ghost™\n Offerings. By your continued use of the Burn Ghost™ Offerings, you hereby agree to comply\n with, and be bound by, all of the terms and conditions contained within the Agreement\n effective at that time (other than with respect to disputes arising prior to the amendment\n or modification of the Dispute Resolution Provisions, or charges incurred prior to the\n amendment or modification of the Billing Provisions, which shall be governed by the Dispute\n Resolution Provisions and/or Billing Provisions then in effect at the time of the subject\n dispute or incurred charges, as applicable).\n
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\n Registration.\n
\n\n In order to obtain access to the Burn Ghost™ Offerings including, without limitation, the\n Contests and Sweepstakes as a User, you must first submit the applicable registration form\n to Burn Ghost™ for review and approval (“Form”). Burn Ghost™ reserves the right, in its sole\n discretion, to deny access to the Burn Ghost™ Offerings to anyone at any time and for any\n reason (so long as such reason is legally permissible), or for no reason at all. The\n registration data that you must supply on the Form may include, without limitation, some or\n all of the following: (a) your e-mail address; (b) your billing address (where you purchase\n Arcade Coins with a credit card); (c) your date of birth; (d) your credit card information\n (where you purchase Arcade Coins); (e) your Wallet ID; and/or (e) any other information\n requested on the applicable Form (collectively, “Site Registration Data”). Users who are\n potential Sweepstakes prize winners may be required to provide some or all of the following:\n (i) full name; (ii) mailing address; (iii) Social Security Number; (iv) picture proof of\n identification, which may include a driver’s license, passport, voting card or similar\n government issued identification; and (v) any other information requested by Burn Ghost™ in\n connection with the prize verification/award process (“Prize Winner Data,” and together with\n the Site Registration Data, the “Registration Data”). You agree to provide true, accurate,\n current and complete Registration Data and to update your Registration Data as necessary in\n order to maintain it in an up to date and accurate fashion through your Account settings.\n
\n\n During registration, you will be asked to provide a user-name and password to use as your\n Account log-in identification, where applicable (“Log-In”). If the Log-In that you request\n is not available, you will be asked to supply another Log-In. You can change the user-name\n and/or password that you selected during registration at any time through your Account\n settings.{\" \"}\n \n You are responsible for maintaining the confidentiality of your Account and Log-In, and\n for restricting access to your computer, and you agree to accept responsibility for all\n activities that occur through use of your Account and Log-In, including any purchases made\n therethrough. If you become aware of, or reasonably suspect, a breach in the security of\n your Account, including loss, theft or unauthorized disclosure of your password and\n Account details, you must notify us immediately.\n \n
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\n Contests and Sweepstakes.\n
\n\n A User Account will enable you to utilize the Burn Ghost™ Offerings and other features\n including, but not limited to, the Contests and Sweepstakes.\n
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Contests.
\n\n Contest Rules. Periodically, Burn Ghost™ will make Contests available to Users that do\n not live in one of the Prohibited States. Each Contest shall be subject to the Contest\n Rules appearing on the “game” page associated with each applicable Contest (each,\n “Contest Rules”), which may include certain specific terms, conditions and restrictions,\n as predetermined and set forth in the Contest Rules, including, without limitation: (i)\n the Contest game type (including various arcade-related games); (ii) the game-play rules\n associated with each Contest; (iii) the minimum/maximum number of players (“Players”)\n who may participate if applicable; (iv) the number of Arcade Coins required to play the\n applicable Contest (for Arcade Coin Contests); (v) the number of Loot Bucks required to\n play the applicable Contest (for Loot Bucks Contests); (vi) the type, quantity and value\n of the prize(s) awarded to the winner(s) of the applicable Contest (each, a “Contest\n Prize”); and (vii) the number of winners for the applicable Contest. The Contests may\n have a limited number of openings and, in such cases, Players will be accepted on a\n first come, first served basis. Burn Ghost™ may keep track of Player performance versus\n other Players in the same Contest, and post the leaderboard associated with same.\n
\n\n TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, BURN GHOST™ IS NOT RESPONSIBLE FOR\n ATTEMPTED CONTEST REGISTRATIONS/GAME PLAYS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED,\n DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A\n SCHEDULED CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE\n YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO\n PARTICIPATE IN THAT CONTEST.\n
\n\n Leaderboards. Burn Ghost™ may keep track of Player performance versus other Players in\n the same Contest, and post the tracked leaderboard associated with that Contest (each, a\n “Leaderboard”). The Leaderboards may be used to determine the final rankings of Players\n after a Contest has ended. The specific rankings of Players on a given Leaderboard will\n determine what Contest Prize(s) the applicable Player(s) win at Contest conclusion. You\n may be required to satisfy certain criteria in order to gain access to some or all of\n the Leaderboards made available by Burn Ghost™ (collectively, \"Leaderboard Criteria\").\n The Leaderboard Criteria may include some or all of the following: (A) playing a minimum\n number of games in the Contest over a designated time period; (B) adding a profile\n picture to the User’s Account; and (C) any other Leaderboard Criteria established by\n Burn Ghost™ from time-to-time in its sole discretion. The specific Leaderboard Criteria,\n the method for establishing ranking in connection with each Leaderboard and the Contest\n Prize(s) associated with the rankings, shall be made available in the applicable Contest\n Rules. Determination of Leadership positioning, as well as the satisfaction of\n Leaderboard Criteria, shall be made by Burn Ghost™ in its sole discretion and shall be\n final and binding on all parties involved. Please be advised that the aggregated scores\n that appear on Leaderboards are subject to change, and should be considered unofficial.\n
\n\n Arcade Coins/Additional Features. Upon purchasing Arcade Coins, Users shall receive the\n applicable number of Arcade Coins purchased, as well as the designated number of Loot\n Bucks associated with each purchase, as same is made available at the point of sale on\n the Site. Users that purchase Arcade Coins may also be granted exclusive access to: (I)\n unique avatars that can be used to depict the Users on the Site; (II) exclusive Arcade\n Coin Contests; (III) exclusive Leaderboard access; and (IV) recognition in certain Burn\n Ghost™ posts appearing on Burn Ghost™ Social Media Pages.{\" \"}\n \n Please note that Arcade Coins have no monetary or other value outside of their use as\n a means to pay the Arcade Coin Entry Amount for available Arcade Coin Contests, and\n cannot be exchanged for cash, products and/or merchandise.\n \n
\n\n Arcade Coin Contests. In connection with the Arcade Coin Contests, Users must use the\n applicable number of Arcade Coins from their Account to enter Arcade Coin Contests while\n each remains active (“Arcade Coin Entry Amount”). The Arcade Coin Entry Amount\n associated with each Arcade Coin Contest will be predetermined and set forth in the\n applicable Contest Rules. Arcade Coins are not withdrawable and may only be used to pay\n the Arcade Coin Entry Amount for available Arcade Coin Contests.\n
\n\n Arcade Coin Contest Prizes: The winner(s) of the Arcade Coin Contests, as determined by\n Burn Ghost™ in its sole discretion, will receive the applicable Arcade Coin amount\n and/or other Prize, based on their respective Leaderboard rankings. Arcade Coin Prizes\n will be automatically added to the User’s Account; provided, however, that certain\n Arcade Coin Prizes may be subject to certain redemption requirements, delays, terms,\n conditions and/or restrictions.\n
\n\n Loot Bucks Contests. In connection with the Loot Bucks Contests, Users must use\n the applicable number of Loot Bucks from their Account to enter Loot Bucks Contests\n while they remain active (“Loot Bucks Entry Amount”). The Loot Bucks Entry Amount\n associated with each Loot Bucks Contest will be predetermined and set forth in the\n applicable Contest Rules. Loot Bucks are not withdrawable and may only be used to pay\n the Loot Bucks Entry Amount for available Loot Bucks Contests.{\" \"}\n \n {\" \"}\n Please note that Loot Bucks have no monetary or other value outside of their use as a\n means to pay the Loot Bucks Entry Amount for available Loot Bucks Contests, and cannot\n be exchanged for cash, products and/or merchandise.\n \n
\n\n Loot Bucks Prizes. The winner(s) of the Loot Bucks Contests, as determined by\n Burn Ghost™ in its sole discretion, will receive the applicable number of Tickets and/or\n other Prize based on their respective Leaderboard rankings. Loot Bucks Prizes will be\n automatically added to the User’s Wallet; provided, however, that certain Loot Bucks\n Prizes may be subject to certain redemption requirements, delays, terms, conditions\n and/or restrictions.\n
\n\n ALL DETERMINATIONS BY BURN GHOST™ WITH RESPECT TO CONTEST WINNERS AND CONTEST PRIZES\n WILL BE MADE IN BURN GHOST’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND\n BINDING ON ENTRANTS. BURN GHOST™ RESERVES THE RIGHT TO DISQUALIFY AND/OR INVALIDATE ANY\n CONTEST PRIZES AWARDED WHERE THE APPLICABLE CONTEST PRIZE WINNER FAILED TO COMPLY WITH\n THE AGREEMENT OR THE CONTEST RULES, IN ANY MANNER.\n
\n\n Cancellation/Invalidation of Contests. Without limiting any provision set forth in the\n Contest Rules, Burn Ghost™ reserves the right to terminate and/or invalidate the results\n of any and all Contests (including associated Contest Prizes) where Burn Ghost™\n determines, in its sole and absolute discretion, that such cancellation/invalidation:\n (A) is necessary or advisable due to any change in or to any law, regulation or legal\n interpretation thereof affecting the Contests in any way; and/or (B) for purposes of\n preventing abusive, fraudulent, unfair or potentially unlawful activity, or in the event\n that there is a risk of any such abusive, fraudulent, unfair or potentially unlawful\n activity.\n
\n\n YOU UNDERSTAND AND AGREE THAT BURN GHOST™ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER\n WHATSOEVER FOR ANY CONTEST CANCELLATION OR FOR YOUR INABILITY TO PARTICIPATE IN THE\n CONTESTS FOR ANY OTHER REASON, WHATSOEVER.\n
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Sweepstakes.
\n\n Sweepstakes Rules: Periodically, Burn Ghost™ will make Sweepstakes available to\n Users that do not live in one of the Prohibited States. Each Sweepstakes shall be\n subject to the Sweepstakes Rules appearing on the Site page associated with each\n applicable Sweepstakes (each, “Sweepstakes Rules”), which may include certain specific\n terms, conditions and restrictions, as predetermined and set forth in the Sweepstakes\n Rules, including, without limitation: (i) the start date and end date of the applicable\n Sweepstakes; (ii) the rules associated with winner selection; (iii) the number of\n Tickets required to enter the applicable Sweepstakes, and any limits on the number of\n entries permitted; (iv) the type, quantity and value of the prize(s) awarded to the\n winner(s) of the applicable Sweepstakes (each, a “Sweepstakes Prize”); and (v) the\n number of winners for the applicable Sweepstakes. NO PURCHASE NECESSARY TO ENTER OR WIN\n IN CONNECTION WITH ANY SWEEPSTAKES. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING A\n PRIZE. Please see the{\" \"}\n \n “Alternative Means of Obtaining Tickets”\n {\" \"}\n section below for more details on how to obtain free Tickets to be used for entry in the\n Sweepstakes\n
\n\n TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, BURN GHOST™ IS NOT RESPONSIBLE FOR\n ATTEMPTED SWEEPSTAKES REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED,\n DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A\n SCHEDULED SWEEPSTAKES. IF YOU FAIL TO ENTER A SWEEPSTAKES INCLUDING, WITHOUT LIMITATION,\n WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO\n PARTICIPATE IN THAT SWEEPSTAKES.\n
\n\n Tickets.\n In connection with the Burn Ghost™ Sweepstakes, Users must use the applicable number of\n Tickets from their Account to enter a Sweepstakes before it begins (“Ticket Entry\n Amount”). The Ticket Entry Amount associated with each Sweepstakes will be predetermined\n and set forth in the applicable Sweepstakes Rules.{\" \"}\n \n Please note that Tickets have no monetary or other value outside of their use as a\n means to pay the Ticket Entry Amount for available Sweepstakes, and cannot be\n exchanged for cash, products and/or merchandise. THE SALE OR TRANSFER OF TICKETS FROM\n THE USER WHO WAS INITIALLY AWARDED THEM TO ANY THIRD PARTY IS EXPLICITLY PROHIBITED.\n \n
\n\n Sweepstakes Prizes. The winner(s) of the Sweepstakes, as determined by Burn\n Ghost™ in its sole discretion, will receive the applicable Burn Ghost™ NFT, cash,\n merchandise, gift cards or other item(s) associated with the Sweepstakes Prize, if any;\n provided, however, that certain Prizes may be subject to certain redemption\n requirements, delays, terms, conditions and/or restrictions\n
\n\n ALL DETERMINATIONS BY BURN GHOST™ WITH RESPECT TO SWEEPSTAKES WINNERS AND SWEEPSTAKES\n PRIZES WILL BE MADE IN BURN GHOST’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND\n BINDING ON ALL ENTRANTS. BURN GHOST™ RESERVES THE RIGHT TO DISQUALIFY AND/OR INVALIDATE\n ANY SWEEPSTAKES PRIZES AWARDED WHERE THE APPLICABLE SWEEPSTAKES PRIZE WINNER FAILED TO\n COMPLY WITH THE AGREEMENT OR THE SWEEPSTAKES RULES, IN ANY MANNER.\n
\n\n Cancellation/Invalidation of Sweepstakes. Without limiting any provision set\n forth in the Sweepstakes Rules, Burn Ghost™ reserves the right to terminate and/or\n invalidate the results of any and all Sweepstakes (including associated Sweepstakes\n Prizes) where Burn Ghost™ determines, in its sole and absolute discretion, that such\n cancellation/invalidation: (A) is necessary or advisable due to any change in or to any\n law, regulation or legal interpretation thereof affecting the Sweepstakes in any way;\n and/or (B) is necessary for purposes of preventing abusive, fraudulent, unfair or\n potentially unlawful activity, or in the event that there is a risk of any such abusive,\n fraudulent, unfair or potentially unlawful activity.\n
\n\n YOU UNDERSTAND AND AGREE THAT BURN GHOST™ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER\n WHATSOEVER FOR ANY BURN GHOST™ SWEEPSTAKES CANCELLATION OR FOR YOUR INABILITY TO\n PARTICIPATE IN THE SWEEPSTAKES PROMOTIONS FOR ANY OTHER REASON, WHATSOEVER.\n
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\n Burn Ghost™ NFTs. A User who wins a Contest and/or Sweepstakes may receive a Burn Ghost™\n NFT as a Prize. Such User shall obtain certain ownership rights in and to the specific\n image depicted in the Burn Ghost™ NFT, as same resides on the blockchain; provided,\n however, that certain restrictions shall apply with respect to the use of same, and that\n User shall have only a limited license to the individual layered files, traits and\n digital works associated with same (collectively, “Digital Object(s)”). By participating\n in a Contest and/or Sweepstakes that features a Burn Ghost™ NFT as a Prize, you\n represent and warrant that you are not: (i) located in a country that is subject to a\n U.S. Government embargo, or that has been designated by the U.S. Government as a\n terrorist-supporting country; and (ii) listed on any U.S. Government list of prohibited\n or restricted parties.\n
\n\n \n Burn Ghost™ NFTS are intended as collectible items for individual enjoyment only. Burn\n Ghost™ NFTS are not meant as investment vehicles. We make absolutely no promise or\n guarantee that the Burn Ghost™ NFTs will increase in value, or maintain the same value\n as when you acquired same. You understand and agree that the Burn Ghost™ NFTs have no\n inherent monetary value, and they should be treated as nothing more than a collectible\n with potential future value or lack thereof.\n \n
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Collusion, Cheating, Fraud, Abuse ad Prohibited Behavior
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- \n Collusion. IT IS PROHIBITED FOR TWO (2) OR MORE PLAYERS TO COLLABORATE AND/OR\n COLLUDE DURING ANY CONTEST AND/OR SWEEPSTAKES OR TO ADOPT A STRATEGY (BEFORE OR DURING\n A CONTEST AND/OR SWEEPSTAKES) IN ORDER TO MUTUALLY GAIN AN ADVANTAGE AND/OR HARM OTHER\n CONTEST PLAYERS AND/OR SWEEPSTAKES ENTRANTS, RESPECTIVELY (COLLECTIVELY, “COLLUSION”).\n \n
- \n Cheating, Fraud and Abuse. In accessing or participating in a Contest and/or\n Sweepstakes, you represent and warrant to us that you will not engage in any activity\n that interrupts or attempts to interrupt the operation of any Contest, any Sweepstakes\n and/or the Site, as applicable. Anyone who engages in, participates in, or displays\n behavior that may be interpreted, in our sole discretion, as unfair methods in\n participating in a Contest and/or Sweepstakes, and/or using the Site, including, but\n not limited to, the opening and/or use of multiple Accounts, the use of unauthorized\n or altered software or hardware to assist play (e.g., scripts, bots, bot nets, and\n collusion with bots), Collusion with other Users or third-parties, deliberate transfer\n of money between accounts (e.g., “money laundering”), harassment of other Users,\n breach of the Agreement, breach of security of the subject Account, or any other act\n (whether through the use of automated technology or otherwise) that unfairly alters a\n User’s chance of winning or constitutes the commission of fraud (collectively,\n “Abuse”), will be subject to immediate sanctions (as determined by us in our sole\n discretion), which may include, without limitation: (A) immediate Account termination\n and blocking of access to the Burn Ghost™ Offerings; (B) any Contest Prizes and/or\n Sweepstakes Prizes that the applicable User may otherwise have been entitled to\n receive shall be void and forfeited; and (C) any Contest Prizes and/or Sweepstakes\n Prizes received by the applicable User shall be subject to disgorgement and/or\n recoupment. In addition to the foregoing, we reserve the right to disclose or report\n any money laundering or similar illegal activity to law enforcement and regulatory\n authorities. Without limiting our other available remedies, we may institute or seek\n any injunctive relief, civil and/or criminal proceedings against any User and/or any\n co-conspirators arising out of or related to the commission of Abuse including,\n without limitation, recovering all of our fees and expenses (including reasonable\n attorneys’ fees) in connection with such efforts.\n \n
- \n Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized\n access to our systems or any other User's Account, interfere with procedures or\n performance of a Contest and/or Sweepstakes, interfere with procedures or performance\n of the Site, or deliberately damage or undermine any Contest, any Sweepstakes and/or\n the Site is subject to civil and/or criminal prosecution and will result in immediate\n termination of your Account and forfeiture of Contest Prizes and/or Sweepstakes\n Prizes. You agree that you will not attempt to modify, alter, or tamper with the\n location settings of your mobile device/personal computer for any reason, or otherwise\n attempt to falsify your physical location through your mobile device/personal\n computer. You acknowledge that we are not responsible for any damage, loss, or injury\n resulting from hacking, tampering, or other unauthorized access to or use of the Burn\n Ghost™ Offerings or your Account.\n \n
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Arcade Coin Purchase Terms.
\n\n Fees. Users that possess the requisite technology shall have the opportunity to\n purchase Arcade Coins. With each purchase of Arcade Coins, Users shall receive a certain\n number of Loot Bucks.{\" \"}\n \n {\" \"}\n Please note that Arcade Coins have no monetary or other value outside of their use as\n a means to pay the Arcade Coin Entry Amount for available Arcade Coin Contests, and\n cannot be exchanged for cash, products and/or merchandise.{\" \"}\n \n
\n\n Where you opt to purchase Arcade Coins using a credit card, the credit or debit card\n that you provided during registration or updated at a later date (“Active Credit Card”),\n will be charged the applicable amount for the Arcade Coins, and any applicable sales or\n other requisite tax (“Credit Card Fees”). All Credit Card Fees are payable in United\n States currency. Where you opt to purchase Arcade Coins using ETH, your Wallet will be\n charged the applicable purchase fee in ETH, as well as any applicable Gas Fees in ETH\n (“Crypto Fees,” and together with the Credit Card Fees, the “Fees”). For purposes of the\n Agreement, the “Gas Fees” shall mean the amount of “ETH” cryptocurrency charged by\n Ethereum. Gas Fees are determined by the then-current demand on the Ethereum blockchain,\n at the time of a given transaction.\n
\n\n {\" \"}\n General Billing Provisions. By making a purchase by and through the Site, you:\n (i) represent that you are authorized to use the Wallet/Active Credit Card that you\n utilized in connection therewith, as applicable, and that any payment information that\n you provide is true and accurate; and (ii) authorize us to charge the Fees to your\n Wallet/Active Credit Card, as applicable. You must promptly notify us of any changes to\n your Wallet/Active Credit Card, as applicable. Any attempt to defraud through the use of\n any Wallet/Active Credit Card, as applicable, regardless of the outcome, or any failure\n by you to honor legitimate charges or requests for payment, will result in immediate\n termination of your access to the Burn Ghost™ Offerings (including forfeiture of Contest\n Prizes and/or Sweepstakes Prizes) and pursuit of civil litigation and/or criminal\n prosecution.{\" \"}\n \n UNLESS OTHERWISE INDICATED ON THE SITE AND/OR IN THE OWNER AGREEMENT, ALL FEES ARE\n FINAL AND NON-REFUNDABLE.\n \n
\n\n Subject to the conditions set forth herein, you agree to be bound by the Billing\n Provisions of Burn Ghost™ in effect at any given time. Upon reasonable prior written\n notice to you (with e-mail sufficing), Burn Ghost™ reserves the right to change its\n Billing Provisions whenever necessary, in its sole discretion. Subsequent payment of\n Fees after receipt of such notice shall constitute consent to any and all such changes;\n provided, however, that any amendment or modification to the Billing Provisions shall\n not apply to any Fees incurred prior to the applicable amendment or modification.\n
\n\n Electronic Signatures. Burn Ghost’s™ authorization to provide and bill for the\n Fees is obtained by way of your electronic signature or, where applicable, via physical\n signature and/or voice affirmation. Once an electronic signature is submitted, this\n electronic order constitutes an electronic letter of agency. Burn Ghost’s™ reliance upon\n your electronic signature was specifically sanctioned and written into law when the\n Uniform Electronic Transactions Act and the Electronic Signatures in Global and National\n Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign\n Act”). Both laws specifically pre-empt all state laws that recognize only paper and\n handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules,\n ordinances or other laws including, without limitation, the E-Sign Act and other similar\n state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,\n CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND\n RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BURN GHOST™ OFFERINGS.\n Further, you hereby waive any rights and/or requirements under any statutes,\n regulations, rules, ordinances or other law in any jurisdiction which requires an\n original signature or delivery or retention of non-electronic records, or to payments or\n the granting of credits by other than electronic means. You acknowledge and agree that\n you have the ability to print information delivered to you electronically, or otherwise\n know how to store that information in a way that ensures that it remains accessible to\n you in unchanged form.\n
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Alternative Means of Obtaining Tickets.
\n\n \n As an alternative means of obtaining an amount of Tickets on any given calendar day\n equal to the Daily Average Ticket Allotment (as defined below), Users with active\n Accounts may submit postcard that contain the AMOE Registration Data, as defined below\n (each, an “AMOE Postcard”). Where a User properly submits an AMOE Postcard, that User\n shall receive the Daily Average Ticket Allotment. LIMITS: Users may submit no more\n than one (1) AMOE Postcard each calendar day. Any AMOE Postcards submitted in excess\n of this limit will be discarded, and no Daily Average Ticket Allotment will be awarded\n in connection with same. Further, entrants may NOT receive Tickets from Loot Bucks\n Contests on any day in which that entrant receives the Daily Average Ticket Allotment\n from an AMOE Postcard. To complete an AMOE Postcard, Users must include the words,\n “Burn Ghost AMOE” on the AMOE Postcard, as well as their designated AMOE identifiers,\n as same are provided by Burn Ghost™. Users must send their AMOE Postcards to: Burn\n Ghost Inc., PO Box 384, Canandaigua NY, 14424. Any improperly submitted AMOE Postcards\n (i.e., any potential AMOE Postcards that do not include the designated AMOE\n identifier) will be VOID. For purposes of the Agreement, “Daily Average Ticket\n Allotment” means the average number of Tickets awarded to winners of Loot Bucks\n Contests that finish in the eighty-fifth (85th) percentile of all Loot Bucks Contests\n over the prior seven (7) day period.\n \n
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Self-Exclusion and Monthly Caps.
\n\n Users should set personal limits regarding Arcade Coin purchases and ensure that they\n are engaging in responsible Contest-playing behavior. Users shall be permitted to\n establish monthly Arcade Coin purchase limits by using the methods set forth in the\n \"Contact Us\" section below (\"Monthly Cap\"). Where a User has established a Monthly Cap,\n that User shall not be able to purchase Arcade Coins where such purchase would cause\n that User to exceed the Monthly Cap.\n
\n\n If, at any point, a User becomes concerned about the amount of money spent on Arcade\n Coins, she/he should cease further participation in the Contests. In addition, that User\n can use her/his Account settings to self-exclude for a designated period of time by\n contacting us (using the methods set forth in the “Contact Us” section below) and\n requesting same.\n
\n\n Once a User self-excludes, we will block her/his Account. Any new Accounts that she/he\n attempts to open during the applicable period of self-exclusion will also be blocked as\n soon as they are detected. In addition, we will take all reasonable measures to make\n sure that the User does not receive any promotional material during this time.\n
\n\n Burn Ghost™ also reserves the right to exclude a User in Burn Ghost’s™ sole discretion\n if Burn Ghost™ determines that there is a reasonable risk that the User is not using the\n Contests responsibly and that User refuses to self-restrict or self-exclude.\n
\n\n \n If you or a family member have/has the need to receive responsible gaming assistance,\n please visit these online resources:{\" \"}\n \n www.ncpgambling.org\n {\" \"}\n and{\" \"}\n
\n \n
\n - \n
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\n Data Integrity and Discrepancies\n
\n\n Users acknowledge and agree that the data and records maintained on our servers shall be\n considered the definitive and authoritative source. In the event of any discrepancies\n between information displayed on the user interface and the data recorded on our backend\n systems, the latter shall prevail. We strive to ensure the accuracy of the information\n presented on our platform; however, occasional errors or discrepancies may occur. Users are\n responsible for verifying the accuracy of critical information before relying on it and\n should report any discrepancies to our support team. All user interactions and transactions\n are logged and may be audited to resolve any disputes. By using our services, users agree to\n these terms and conditions.\n
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\n Content.\n
\n\n Users that possess the requisite technology shall have the opportunity to view certain\n Content, including text, images, graphics, User interfaces, audio, trademarks, logos,\n artwork and other content made available by and through the Site, as compiled, distributed\n and displayed by Burn Ghost™, as well as other Users and third party services/entities\n (collectively, “Third Party Providers”). The Content should not necessarily be relied upon.\n The Third Party Providers are solely responsible for the accuracy, completeness,\n appropriateness and/or usefulness of such Content. You may find certain Content to be\n harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using\n the Content. To the extent permissible by applicable law, you understand and agree that Burn\n Ghost™ will not be responsible for, and Burn Ghost™ undertakes no responsibility to monitor,\n or otherwise police, the Content. To the extent permissible by applicable law, you agree\n that Burn Ghost™ shall have no obligation and incur no liability to you in connection with\n any Content.{\" \"}\n
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\n Cancellation of Account.{\" \"}\n
\n\n You may cancel your Account at any time if you are not completely satisfied. To cancel your\n Account, simply e-mail us at: support@burnghost.com, or cease using the Burn Ghost™\n Offerings. In addition, Burn Ghost™ reserves the right to cancel the Account of any User for\n any reason or no reason, including where Burn Ghost™ believes that such User is in breach of\n the Agreement, in Burn Ghost’s™ sole and absolute discretion. You understand and agree that\n cancellation of your Account is your sole right and remedy with respect to any dispute that\n you may have with Burn Ghost™. Upon any termination and/or cancellation of your Account,\n your license grant, as set forth in Section 10 hereinbelow shall immediately terminate. You\n shall not receive any refund for Arcade Coins previously paid for, up to the date of\n cancellation or termination.\n
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\n Interactive Services.\n
\n\n In connection with your use of the Interactive Services, and other of the Burn Ghost™\n Offerings, you agree not to: (a) display any telephone numbers, street addresses, last\n names, URLs, e-mail addresses or any confidential information of any third party; (b)\n display any audio files, text, photographs, videos or other images containing confidential\n information; (c) display any audio files, text, photographs, videos or other images that may\n be deemed indecent or obscene in your community, as defined under applicable law; (d)\n impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in\n unauthorized advertising to, or commercial solicitation of, other Users; (g) transmit any\n chain letters, spam or junk e-mail to other Users; (h) express or imply that any statements\n that you make are endorsed by Burn Ghost™, without Burn Ghost’s™ specific prior written\n consent; (i) harvest or collect personal information of other Users whether or not for\n commercial purposes, without their express consent; (j) use any robot, spider,\n search/retrieval application or other manual or automatic device or process to retrieve,\n index, “data mine” or in any way reproduce or circumvent the navigational structure or\n presentation of the Burn Ghost™ Offerings; (k) post, distribute or reproduce in any way any\n copyrighted material, trademarks or other proprietary information without obtaining the\n prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark\n or other proprietary rights notices contained on the Site; (m) interfere with or disrupt the\n Burn Ghost™ Offerings and/or the servers or networks connected to same; (n) post, offer for\n download, e-mail or otherwise transmit any material that contains software viruses or any\n other computer code, files or programs designed to interrupt, destroy or limit the\n functionality of any computer software or hardware or telecommunications equipment; (o)\n post, offer for download, transmit, promote or otherwise make available any software,\n product or service that is illegal or that violates the rights of a third party including,\n but not limited to, spyware, adware, programs designed to send unsolicited advertisements\n (i.e., “spamware”), services that send unsolicited advertisements, programs designed to\n initiate “denial of service” attacks, mail bomb programs and programs designed to gain\n unauthorized access to mobile networks; (p) “frame” or “mirror” any part of the Site without\n Burn Ghost’s™ prior written authorization; (q) use metatags or code or other devices\n containing any reference to any Burn Ghost™ Offerings in order to direct any person to any\n other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense,\n translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion\n of the Burn Ghost™ Offerings or any software used in or in connection with the Burn Ghost™\n Offerings. Burn Ghost™ reserves the right to pursue any and all legal remedies against Users\n that engage in the aforementioned prohibited conduct.\n
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\n Social Media Pages.{\" \"}\n
\n\n The Site contains links to various Social Media Pages. The Social Media Pages are hosted and\n made available by third party entities on the Social Media Websites. Your use of Social\n Media Pages and Social Media Websites shall be governed by those Social Media Websites’\n applicable agreements, privacy policies and terms and conditions.{\" \"}\n \n You understand and agree that Burn Ghost™ shall not be liable to you, any other User or\n any third party for any claim in connection with your use of, or inability to use, the\n Social Media Pages and/or Social Media Websites.\n \n
\n \n - \n
\n {\" \"}\n License Grant.{\" \"}\n
\n\n As a User of the Site, you are granted anon-exclusive, non-transferable, revocable and\n limited license to access and use the Burn Ghost™ Offerings and all other material, products\n and/or services posted or made available by and through same (collectively, “Burn Ghost™\n Material”) in accordance with the Agreement. Burn Ghost™ may terminate this license at any\n time for any reason. Unless otherwise expressly authorized by Burn Ghost™, you may only use\n the Burn Ghost™ Material for your own personal, non-commercial use. No part of the Burn\n Ghost™ Material may be reproduced in any form or incorporated into any information retrieval\n system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell,\n modify, decompile, disassemble, reverse engineer, or transfer the Burn Ghost™ Material\n and/or any portion thereof. You may not create any “derivative works” by altering any aspect\n of the Burn Ghost™ Material. You may not use Burn Ghost™ Material in conjunction with any\n other third-party content (e.g., to provide sound for a film). You may not exploit any\n aspect of the Burn Ghost™ Material for any commercial purposes not expressly permitted by\n Burn Ghost™ (including the bundled sale of such Burn Ghost™ Material). Systematic retrieval\n of the Burn Ghost™ Material by automated means or any other form of scraping or data\n extraction in order to create or compile, directly or indirectly, a collection, compilation,\n database or directory, though excluding systematic retrieval for the limited purpose of\n standard compilations (as is typically necessary or appropriate) for search engines like\n Google, without written permission from Burn Ghost™ is strictly prohibited. You further\n agree to indemnify and hold harmless Burn Ghost™ for your failure to comply with this\n Section 10. Burn Ghost™ reserves any rights not explicitly granted in the Agreement.{\" \"}\n
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\n Proprietary Rights.{\" \"}\n
\n\n All Burn Ghost™ Material is owned or licensed by or to Burn Ghost™, and is protected under\n applicable copyrights, trademarks and other proprietary (including, but not limited to,\n intellectual property) rights. Except as expressly provided in the Agreement, no part of\n Burn Ghost™ Material may be reproduced, recorded, retransmitted, sold, rented, broadcast,\n distributed, published, uploaded, posted, publicly displayed, altered to make new works,\n performed, digitized, compiled, translated or transmitted in any way to any other computer,\n website or other medium or for any commercial purpose, without Burn Ghost’s™ prior express\n written consent. Except as expressly provided herein, you are not granted any rights or\n license to patents, copyrights, trade secrets, rights of publicity or trademarks with\n respect to any of the Burn Ghost™ Material. The posting of information or material at the\n Site by Burn Ghost™ does not constitute a waiver of any right in or to such information\n and/or materials. Burn Ghost™ reserves all rights not expressly granted hereunder. The “Burn\n Ghost” name and logo are trademarks of Burn Ghost Inc. All custom graphics, icons and\n service names are trademarks of their rightful owners. All other trademarks are the property\n of their respective owners. The use of any Burn Ghost™ trademark without Burn Ghost’s™\n express written consent is strictly prohibited.\n
\n \n - \n
\n Indemnification.\n
\n\n To the fullest extent permissible by applicable law, you agree to indemnify and hold Burn\n Ghost™, its parent and subsidiaries, and each of their respective shareholders, officers,\n directors, employees, agents, co-branders, content licensors and/or other partners, harmless\n from and against any and all claims, expenses (including reasonable attorneys’ fees),\n damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to\n or arising out of: (a) your improper use of the Burn Ghost™ Offerings in any way,\n whatsoever; (b) your breach of the Agreement; (c) any dispute between you and any other\n Users, Third Party Providers and/or other third parties; (d) any claim that Burn Ghost™ owes\n any taxes in connection with your use of the Burn Ghost™ Offerings; (e) your violation of\n any law including, without limitation, the Bank Secrecy Act and any and all other laws\n applicable to money laundering; and/or (f) your violation of any rights of another\n individual and/or entity. The provisions of this Section 12 are for the benefit of Burn\n Ghost™ and the Covered Parties. To the fullest extent permissible by applicable law, each of\n these individuals and entities shall have the right to assert and enforce these provisions\n directly against you on its own behalf.\n
\n \n - \n
\n Disclaimer of Warranties.\n
\n\n THE BURN GHOST™ OFFERINGS, BURN GHOST™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES\n OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS\n AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE\n PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES\n OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A\n PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BURN GHOST™ MAKES NO\n WARRANTY THAT THE BURN GHOST™ OFFERINGS, BURN GHOST™ MATERIAL AND/OR ANY OTHER PRODUCTS\n AND/OR SERVICES OFFERED AND/OR ACCESSED IN CONNECTION WITH SAME: (A) WILL MEET YOUR\n REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE\n CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY\n METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME,\n OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY FINANCIAL BENEFIT OR GAIN; AND/OR (F) WILL\n BE ACCURATE OR RELIABLE. THE BURN GHOST™ OFFERINGS, BURN GHOST™ MATERIAL AND/OR ANY OTHER\n PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS\n OR OTHER LIMITATIONS. BURN GHOST™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING\n INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR\n WRITTEN, OBTAINED BY YOU FROM BURN GHOST™, ANY USERS, THIRD PARTY CONTENT PROVIDERS OR\n OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.\n
\n\n FURTHER, EACH USER UNDERSTANDS AND AGREES THAT OWNERSHIP OF, AND TRANSACTIONS INVOLVING, ETH\n AND/OR A BURN GHOST™ NFT MAY REQUIRE OR RELY ON THIRD-PARTY TECHNOLOGY AND/OR PLATFORMS\n INCLUDING, WITHOUT LIMITATION, DIGITAL WALLETS, BLOCKCHAINS OR RELATED TECHNOLOGY, SMART\n CONTRACTS, INTERNET SERVICE PROVIDERS, MARKETPLACES, EQUIPMENT OR OTHER INFRASTRUCTURE\n (COLLECTIVELY, “THIRD PARTY TECHNOLOGY”). EACH USER UNDERSTANDS AND AGREES THAT THE\n EXISTENCE AND PERFORMANCE OF THIRD PARTY TECHNOLOGY IS OUTSIDE OF BURN GHOST’S™ CONTROL. TO\n THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BURN GHOST™DISCLAIMS ALL LIABILITY FOR\n THE USE, UNAVAILABILITY AND/OR FAILURE OF ANY THIRD PARTY TECHNOLOGY.\n
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\n Limitation of Liability.\n
\n\n YOU EXPRESSLY UNDERSTAND AND AGREE THAT BURN GHOST™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD\n PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES\n INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER\n INTANGIBLE LOSSES (EVEN IF BURN GHOST™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),\n TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE BURN\n GHOST™ OFFERINGS, BURN GHOST™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN\n CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES\n RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR\n OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR\n REGISTRATION DATA; (D) YOUR FAILURE TO REALIZE ANY FINANCIAL BENEFIT OR GAIN; (E) THE\n CANCELLATION OF ANY SWEEPSTAKE(S) AND/OR PRIZES, AS PERMITTED HEREUNDER OR UNDER THE RULES;\n (F) UNAUTHORIZED ACCESS TO A BURN GHOST™ NFT AND/OR A BURN GHOST™ NFT’S ASSOCIATED DIGITAL\n OBJECT; (G) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES INCLUDING, WITHOUT LIMITATION, THE USE\n OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST A BLOCKCHAIN NETWORK\n UNDERLYING USER WALLETS, BURN GHOST™ NFTS AND/OR BURN GHOST™ NFTS’ ASSOCIATED DIGITAL\n OBJECTS; AND/OR (H) ANY OTHER MATTER RELATING TO THE BURN GHOST™ OFFERINGS, BURN GHOST™\n MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED AND/OR ACCESSED IN CONNECTION\n WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES\n OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF\n WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO\n THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE BURN GHOST™ FROM ANY AND ALL\n OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF\n APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BURN GHOST™ TO YOU\n UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF\n DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND\n BURN GHOST™. ACCESS TO THE BURN GHOST™ OFFERINGS, BURN GHOST™ MATERIAL AND/OR ANY OTHER\n PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU\n WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY\n AND, IN SUCH JURISDICTIONS, BURN GHOST’S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT\n PERMITTED BY LAW.\n
\n \n - \n
\n Legal Warning.\n
\n\n If you bypass or disable any portion of the Burn Ghost™ Offerings or associated software\n including, without limitation, the operation of Burn Ghost™ systems, or you attempt to\n circumvent or tamper with the Contests, Sweepstakes or billing methods in any way (including\n the use of a Virtual Private Network, Tor, or other technology to bypass any geographic\n restrictions against you or to mask your identity), you are in violation of the Agreement\n and Burn Ghost™ may suspend or terminate your Account without notice. Termination of your\n Account will not excuse you from any criminal or other civil liabilities that may result\n from your actions.\n
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\n Third-Party Websites.\n
\n\n The Burn Ghost™ Offerings may provide links to other Internet websites and/or resources\n including, without limitation, Social Media Websites and websites owned and/or operated by\n Third Party Providers. Because Burn Ghost™ has no control over such third party websites\n and/or resources, you hereby acknowledge and agree that Burn Ghost™ is not responsible for\n the availability or content of such third party websites and/or associated resources.\n Furthermore, Burn Ghost™ does not endorse, and is not responsible or liable for, any terms\n and conditions, privacy policies, content, advertising, services, products and/or other\n materials available at or from such third party websites or resources, or for any damages\n and/or losses arising therefrom or associated therewith.\n
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\n User Information.{\" \"}\n
\n\n All comments, information, Registration Data and/or materials that you submit through or in\n association with the Burn Ghost™ Offerings shall be subject to the Burn Ghost™ Privacy\n Policy. For a copy of the Burn Ghost™ Privacy Policy, please{\" \"}\n \n Click Here\n \n .\n
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\n {\" \"}\n Copyright Policy/DMCA Compliance.\n
\n\n Burn Ghost™ reserves the right to terminate the account of any User who infringes upon\n third-party copyrights. If any User or other third-party believes that a copyrighted work\n has been copied and/or posted via the Burn Ghost™ Offerings in a way that constitutes\n copyright infringement, that party should provide Burn Ghost™ with the following\n information: (a) an electronic or physical signature of the person authorized to act on\n behalf of the owner of the copyrighted work; (b) an identification and location of the\n copyrighted work that such party claims has been infringed upon; (c) a written statement by\n such party that it has a good faith belief that the disputed use is not authorized by the\n owner, its agent or the law; (d) such party’s name and contact information, such as\n telephone number or e-mail address; and (e) a statement by such party that the above\n information in such party’s notice is accurate and, under penalty of perjury, that such\n party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact\n information for Burn Ghost™’s Copyright Agent for notice of claims of copyright infringement\n is as follows:\n
\n
\n
\n Klein Moynihan Turco LLP\n
\n Attn: Copyright Attorney\n
\n 450 Seventh Avenue, 40th Floor\n
\n New York, NY 10123\n
\n info@kleinmoynihan.com\n
\n Fax: (212) 216-9559\n \n - \n
\n {\" \"}\n Dispute Resolution Provisions.\n
\n\n The Agreement shall be treated as though it were executed and performed in New York, New\n York and shall be governed by and construed in accordance with the laws of the State of New\n York (without regard to conflict of law principles).\n \n The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise\n under and/or relate to the Site Offerings and/or the Agreement. Without limiting the\n foregoing, should a dispute arise between the parties/any Covered Parties including,\n without limitation, any matter concerning the Site Offerings, the terms and conditions of\n the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties\n agree to submit their dispute for resolution by arbitration as set forth below; and (b)\n you agree to first commence a formal dispute proceeding by completing and submitting an\n Initial Dispute Notice which can be found{\" \"}\n
\n\n \n To the extent permitted by law, you agree that you will not bring, join or participate in\n any class action lawsuit and/or class arbitration as to any claim, dispute or controversy\n that you may have against any Covered Party and/or Burn Ghost™ (including its employees,\n officers, directors, shareholders, members, representatives and/or assigns). You agree to\n the entry of injunctive relief to stop such a class action lawsuit and/or class\n arbitration, as applicable, or to remove you as a participant in the suit and/or class\n arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Burn\n Ghost™ and/or any Covered Party incurs in seeking such relief. This provision preventing\n you from bringing, joining or participating in class action lawsuits and/or class\n arbitrations:(i) does not constitute a waiver of any of your rights or remedies to pursue\n a claim individually, and not as a class action or class arbitration, in binding\n arbitration as provided above; and (ii) is an independent agreement. You may opt-out of\n these dispute resolution provisions by providing written notice of your decision within\n thirty (30) days of the date that you first access the Site.\n \n
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\n Miscellaneous.{\" \"}\n
\n\n Should any part of the Agreement be held invalid or unenforceable, that portion shall be\n construed as closely as to its original intent as possible while consistent with applicable\n law and the remaining portions shall remain in full force and effect. The Agreement is\n personal between you and Burn Ghost™ and it governs your use of, and access to, the Burn\n Ghost™ Offerings and Burn Ghost™ Material. To the extent that anything in or associated with\n the Burn Ghost™ Offerings is in conflict or inconsistent with these Terms and Conditions,\n these Terms and Conditions shall take precedence; provided, however, that with respect to\n any: (a) Contest, to the extent that anything in these Terms and Conditions is inconsistent\n with the applicable Contest Rules, those Contest Rules shall take precedence; and (b)\n Sweepstakes, to the extent that anything in these Terms and Conditions is inconsistent with\n the applicable Sweepstakes Rules, those Sweepstakes Rules shall take precedence. Burn\n Ghost’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of\n such provision nor of the right to enforce such provision. The parties do not intend that\n any agency or partnership relationship be created through operation of the Agreement. We may\n assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any\n time without notice to you. You may not assign the Agreement or transfer any rights to use\n the Burn Ghost™ Offerings.\n
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\n Contact Us.\n
\n\n If you have any questions about the Agreement, Burn Ghost™ Offerings or the practices of\n Burn Ghost™, you may email us as at: support@burnghost.com; call us at +1 315-207-4801; or\n send U.S. Mail to: Burn Ghost Inc., PO Box 384, Canandaigua NY, 14424.\n
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\n California Consumer Rights and Notices.\n
\n\n Residents of the State of California are entitled to the following specific consumer rights\n information: you may contact the Complaint Assistance Unit of the Division of Consumer\n Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080,\n Sacramento, California 95814, or by telephone at: (916) 445-1254. Their website is located\n at:{\" \"}\n \n http://www.dca.ca.gov\n \n .\n
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