Owner Copyrights

In the interests of transparency, we've spent extra effort so the user can see the Puffy and metadata before bidding. However, before you bid or buy or accept ownership of a Puffy, you must agree to the following terms and these terms are applicable to any Puffy Owner.

Our Terms of Service

When you own a puffy NFT from any of our three NFT collections, you are agreeing to the following:


  1. TERMS


Puffy Liberation Army, Puffy Starfish and Puffy Exodus are 3 collections of unique digital collectible characters represented by non-fungible tokens minted by a smart contract deployed to either the Ethereum blockchain (Puffy Liberation Army) or Solana Blockchain (Puffy Starfish and Puffy Exodus) at the following addresses:

Puffy Liberation Army Contract address:

Puffy Starfish Contract address:

Puffy Exodus Contract address:

The Smart Contracts associate each Puffy NFT from the above three contracts with a piece of digital art displaying one of the Puffy characters (“Puffy Art”). These terms ("Terms") are a legally binding agreement by and between Puffy Nation Inc. ("Puffy Nation") and any owner of a puffy in any of these 3 contracts and any owner of a Puffy NFT (“you” or “Owner”) governing the parties’ rights and obligations with respect to Puffy NFTs and Puffy Art.


______


  1. WAIVER


NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:


BY ACCEPTING THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PUFFY NATION INC. THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 10 WILL NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 12 (GOVERNING LAW AND FORUM CHOICE) AND RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY. YOU ALSO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.



3. OWNERSHIP


(a) YOU OWN YOUR PUFFY NFT

When you own a digital wallet that holds a Puffy NFT from any of the three aforementioned collections, as recorded by the three Smart Contracts stated above, you hold the exclusive right to hold, sell, transfer, and execute blockchain transactions involving Puffy NFT (“Your Puffy NFT”) that Puffy Nation has no right or ability to seize, freeze, or otherwise modify the ownership of any Puffy NFT.


(b) WE OWN (BUT LICENSE TO YOU) THE IP IN YOUR PUFFY ART


Puffy Nation owns all rights, title, and interest in and to the Puffy Art including any and all copyrights, trademarks, and other intellectual property rights therein (“IP”). However, we grant you

the License (defined below) to use the Puffy Art associated with Your Puffy NFT (“Your Puffy Art”) for as long as you hold Your Puffy NFT.


(c) YOU OWN THE IP IN YOUR DERIVATIVE PUFFY WORKS

As between you and Puffy Nation, you own all rights, title and interest in and to any “derivative work,” as defined by the United States Copyright Act, based upon Your Puffy Art created during the License Term (defined below) (“Derivative Puffy Works”); provided, however, that


(i) we retain the copyright in the Puffy Art underlying any Derivative Puffy Work;

(ii) your use of any Derivative Puffy Work during and after the License Term is subject to these Terms;

and

(iii) your use of any Derivative Puffy Work after the License Term may require a license and must have authorization from the current owner of the Puffy NFT.


(d) UTILITY
Owners may be offered utility, benefits, or entitlements (collectively "Utility") during their ownership, but these Terms do not confer any Utility except as granted by the License. Puffy Nation makes no assurances of any Utility. Any Utility may be subject to other terms and conditions. Puffy Nation will not be responsible in any manner for any utility offered by any third party.


4. LICENSE


(a) Grant

Subject to your acceptance of, and compliance with, these Terms, upon lawfully acquiring Your Puffy NFT and, for so long as you hold Your Puffy NFT (both dates as recorded by the three Smart Contracts stated above) (the “License Term”), Puffy Nation grants to you an exclusive, universe-wide, royalty-free, sub-licensable license to reproduce, distribute, prepare derivative works based upon, publicly display, publicly perform, transmit, and otherwise use and exploit, Your PuffyArt (“License”). The License is intended to be broad, enabling you to make both commercial and non-commercial uses of Your Puffy Art, in any and all media, whether existing now or invented later, subject only to the restrictions set forth below.


(b) Restrictions and Reservations


i.

The License extends only to Your Puffy Art—meaning, the complete selection and specific arrangement of all base layers, features, and attributes, and other elements that comprise Your Puffy Art. Thus, while the License allows you to create and exploit Derivative Puffy Works, the License does not grant you rights in any individual element of Your Puffy Art, or a license to exploit any individual element separate and apart from Your Puffy Art.


The License allows you to create three-dimensional renditions of, and to add new clothing to your Puffy Art, but does not allow you to extract individual features (e.g., hair, pets, bodies, backgrounds, etc.) for use in a separate work or separately use any artwork that belongs to any Puffy.


ii.

The License does not grant you any rights in or to Puffy Nation (or any other) trade names, brands, trade dress, or trademarks (including but not limited to “Puffy” or “Puffy Nation” "Puffy Nation Inc." "Puffy Starfish" "Puffy Exodus" "Puffy Liberation Army" ), all of which are expressly reserved to Puffy Nation (collectively, “Puffy Nation TM Rights”).


You hereby agree that any Puffy Nation TM Rights you purport to acquire, together with any associated goodwill, shall automatically, immediately, and at your expense be assigned to Puffy Nation Inc. For the sake of clarity, the Puffy Nation Inc. TM Rights do not include Your Puffy Art, in which you may acquire trademark rights through the exercise of your rights in accordance with, and subject to, these Terms and applicable law.


iii.

Any application to register a trademark in Your Puffy Art must occur during the License Term and be based solely upon the actual use of the Puffy Art in commerce and solely for the goods or services in connection with which Your Puffy Art has actually been used in commerce in the applicable jurisdiction as of the date of the application. Thus, you may not seek to register a trademark in Your Puffy Art on an “intent to use” basis or where you otherwise have not used Your Puffy Art in commerce.


iv. You may not use Your Puffy Art in a manner that expresses hate or encourages violence towards a person or group based on membership in a protected class, such as race, religion, gender, orientation, or disability. Your Puffy Art is also specifically forbidden to be used for any anti-vaccination, anti-abortion, anti-immigration or Pro-gun, Pro-Nazi, Pro-Trump stance. You may not use Puffy Art to support anything illegal in your country.


v. You may not use Your Puffy Art in a manner that violates applicable EU or US or the law of the country in which you reside.


vi.


All rights not expressly granted herein are reserved by us.


(c) License Back to Puffy Nation (Display rights)

You grant to Puffy Nation an irrevocable, perpetual, non-

exclusive, universe-wide, royalty-free, sub licensable license to publicly display and otherwise use Your Puffy Art alongside other Puffy Art for the purpose of promoting or exhibiting the entire Puffy collection.


vii.

Your puffy is for personal use and business brand. For example you could put your Puffy artwork

on the walls of your restaurant or use it as your podcast identity. But you cannot use your artwork

and negotiate a deal with a company to let them use your Puffy on their products.
In short, you cannot make business arrangements and or negotiate collaborations with other brands.



3. Enforcement


(a) Copyright Notices for Owners


You may include the following copyright notice with Your Puffy Art

1) for Puffy Liberation Army collection:

“Puffy Liberation Army © 2022 Puffy Nation Inc.”

(the “Puffy Nation Copyright Notice”).

2) for the Puffy Starfish Collection:

"Puffy Starfish © 2022 Puffy Nation Inc."
3) for the Puffy Exodus Collection:

"Puffy Exodus © 2022 Puffy Nation Inc."


Subject to your compliance with these Terms, you may include a copyright notice identifying you, or such other person you designate, as the copyright owner of any Derivative Puffy Work created during the License Term, provided that you also include the Puffy Nation Copyright Notice.



(b) Copyright Registrations

Any application to obtain a copyright registration in Your

Puffy Art shall identify “Puffy Nation, Inc.” as the copyright owner of the Puffy Art.

Any application to obtain a copyright registration in a Derivative Puffy Work may identify you or such other person you designate as the copyright owner but shall

identify your Puffy Art as preexisting work upon which the Derivative Puffy Work is based.


(c) Actions

To the extent applicable law authorizes you to bring a claim for infringement based upon the unauthorized use of Your Puffy Art, you agree that:


(i) any such claim shall be based solely upon the unauthorized use of Your Puffy Art as a whole, not other Puffy Art—for example, on the ground that the other Puffy Art is substantially similar to Your Puffy Art or that another Puffy shares a layer in common; and

(ii) Puffy Nation may, in its sole discretion, join and, unless it would materially prejudice your rights, elect to take over the control of the prosecution of, any such action.


(d) Disputes Among Puffy Owners

Puffy Nation has no obligation to support the resolution

of, or resolve any, dispute that may arise between Puffy NFT owners.


4. Transfers


(a) No Decoupling

Except as expressly provided herein, ownership of a Puffy NFT and the License are not separable in any way. You may not engage in any transaction or activity that purports to decouple the License from Your Puffy NFT.


(b) Termination of License

Upon the transfer of Your Puffy NFT to a new

Owner, as recorded by the respective Puffy Smart Contracts:

(i) your License hereunder shall immediately and automatically terminate;

(ii) you must discontinue any use of Your Puffy Art as a trademark or other source identifier; and

(iii) any trademark and corresponding registration obtained in connection with your exercise of the License shall

be deemed abandoned unless duly transferred to the new Owner under a separately negotiated written agreement.


(c) Published Puffy Works

If, during the License Term, you create and make

available to the public a work using Your Puffy Art (a “Published Puffy Work”), you may, except as set forth in Section 4(b)(ii), continue to use and exploit that Published Puffy Work in accordance with these Terms after the License Term; provided , however, that:

(i) you will be responsible for any obligations or liabilities

arising from your continued use of the Published Puffy Work after the License Term; and

(ii) this privilege does not allow you to use the Puffy Art to create any new works or materials after the License Term.


Thus, for example: A digital series featuring Your Puffy Art that was released during the License Term may continue to run after the License Term, but any creation or distribution of any new episodes featuring the Puffy Art would require a license from the new Owner.


After the License Term, you may sell off existing (at the time of transfer) inventories of merchandise featuring Your Puffy Art that were created and offered for sale during the License Term, but the creation or distribution of any new merchandise or inventory featuring the Puffy Art would require a license from the new Owner.


5. Owner’s Representation and Warranties

Owner represents and warrants that Owner:


(a) is over the age of majority and has the legal capacity to enter into these Terms;


(b) will only use and interact with any Puffy NFT and Puffy Art in accordance with these Terms;


(c) will comply with all applicable law in the exercise of its rights and obligations under these Terms and will not violate any right of Puffy Nation Inc, its licensors, or any right of any third party; and


(d) is not, and will not, knowingly execute a transaction involving a Puffy NFT or Puffy Art with any person who is, (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supportng country; or

(ii) listed on any U.S. Government list of prohibited or restricted parties.

6. Warranty Disclaimers

(a) EACH PUFFY NFT AND PUFFY NFT ART IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PUFFY NATION EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.


(b) EACH PUFFY NFT IS AN INTANGIBLE DIGITAL ASSET THAT EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON EITHER THE ETHEREUM (PLA CONTRACT ) OR SOLANA BLOCKCHAIN (STARFISH and EXODUS CONTRACT). ANY TRANSFER OF OWNERSHIP THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON EITHER THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM or SOLANA BLOCKCHAIN, WHICH PUFFY NATION DOES NOT CONTROL.


(c) PUFFY NATION WILL NOT BE RESPONSIBLE OR LIABLE TO OWNER FOR ANY LOSS IN CONNECTION WITH ANY PUFFY NFT OR PUFFY ART AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO OWNER FOR, ANY USE OF OR INABILITY TO USE ANY PUFFY NFT OR PUFFY ART, INCLUDING BUT NOT

LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM:


(I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS,

OR MISTYPED WALLET ADDRESSES;


(II) THE BEHAVIOR OR OUTPUT OF ANY SOFTWARE OR HARDWARE;

(III) DATA LOSS OR CORRUPTION;

(IV) ANY FEATURES, DEVELOPMENT, ERRORS,

OR OTHER ISSUES WITH BLOCKCHAIN NETWORKS OR WALLETS;

(V) UNAUTHORIZED ACCESS TO ANY PUFFY NFT OR PUFFY ART; OR

(VI) THE ACTS OR OMISSIONS OF ANY THIRD PARTY.


(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


7. Assumption of Risk

Owner accepts and acknowledges all risks associated with the following:

(a) PUFFY NFTs and PUFFY Art may be used in myriad ways. While we strongly encourage transparency, communication, and research prior to acquiring a PUFFY NFT, including to understand what previous and existing uses have been made of the PUFFY NFT and PUFFY Art and how those uses may affect value, any purchase of a PUFFY NFT is at the purchaser’s own risk. Puffy Nation Inc. is not responsible for verifying or providing information on how a PUFFY NFT or its PUFFY Art have been exploited. Additional documentation from an Owner may be

necessary or prudent.


(b) Puffy Nation Inc. is not responsible for determining or paying any taxes that apply to any Owner’s purchase, sale, or transfer of rights in each Puffy NFT. As between the parties, Owner is solely responsible for determining what, if any, taxes apply to such transactions.


(c) Transactions involving PUFFY NFTs and PUFFY Art rely on third-party or decentralized platforms, systems, or marketplaces. We do not maintain, control, or assume any obligations with respect to such platforms, systems, or marketplaces. To the extent that Puffy Nation provides links or access to third party platforms, sites, or other resources, it does so only as a convenience and is not responsible for the content, products, or services on or available from those third parties or through any content displayed thereon.


8. Indemnity

Owner shall defend, indemnify, and hold Puffy Nation, its licensors, affiliates, representatives, and service providers, and each of them, and all of their respective officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, expenses, and other similar results or occurrences (including attorneys’ fees) that directly or indirectly arise from, or are related to or in connection with, any claim, suit, action, demand, or proceeding or other similar occurrence, process, or activity that is initiated, made, brought, or financed by a third party (including any person who accesses or transacts using any Puffy NFT or Puffy Art, whether or not such person personally purchased a Puffy NFT) against the Indemnified Parties, or on account of the investigation, defense, or settlement thereof, arising out of ,related to, or in connection with:

(a) your access to or use of any NFT marketplace or third-party services or products;

(b) your breach or alleged breach of these Terms;

(c) your exercise or attempted exercise of the License; or

(d) your actual or alleged violation of applicable law.


Counsel to be used in the defense of such claim must be approved by Puffy Nation in writing prior to retention of such counsel and, upon our request, you will allow us to participate in the defense of any such claims.

You will not enter into any settlement or compromise of any claim or litigation on or that includes an admission of liability without our prior written consent.



9. Limitation of Liability

(a)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INDEMNIFIED PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OR INTERACT WITH ANY PUFFY NFT OR PUFFY ART, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUFFY NATION

OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ANY INDEMNIFIED PARTY’S CUMULATIVE LIABILITY HEREUNDER FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEED 100 USD.


(b)

BY PURCHASING OR OWNING A PUFFY NFT, OWNER ACKNOWLEDGES THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PUFFY NATION INC. AND OWNER.


10. Dispute Resolution


(a) Mandatory Arbitration of Disputes

Any dispute, claim, or controversy arising out

of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Puffy NFT or Puffy Art (“Dispute”) must

be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. Each party waives the right to a trial in court and/or by a jury. This arbitration provision shall survive any termination of the License or these Terms.

(b)Exceptions

As a limited exception to Sec 2 on 10(a)

above:

(i) the parties may seek to resolve a Dispute in small claims court if it qualifies; and

(ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin)

the infringement or misappropriation of its intellectual property rights.


(c) Conducting Arbitration and Arbitration Rules

The arbitratiion will be conducted

by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules

(the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at

www.adr.org or by calling 1-800-778-7879. A party who wishes to start an arbitration must submit a written Demand for Arbitration to AAA and give notice to the

other party as specified in the AAA Rules.


The AAA provides a form Demand for Arbitration at

www.adr.org, Any arbitration hearings will take place in the county (or parish) where one lives, with provision to be made for remote appearances to the maximum extent permitted by the AAA rules, unless the parties both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of the set Terms.


(d) Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and Puffy Nation won’t seek to recover the administration and arbitrator fees for which Puffy nation is responsible unless the arbitrator finds your Dispute is frivolous. If Puffy Nation prevails in arbitration, Puffy nation will pay all of its attorneys’ fees

and costs and won’t seek to recover them from you.
If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.


(e) Injunctive and Declaratory Relief

Except as provided in Sec 2 on 10(d) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

To the extent that you or Puffy Nation prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.



f) Class Action Waiver


YOU AND PUFFY NATION INC. AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.


Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with a party’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.


(g) Severability

With the exception of any of the provisions in Section 2

on 10(f) (Class Action) 2 on Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.


11. Amendments

Puffy Nation reserves the right to clarify or amend these Terms by publicly

publishing a new version of them, including, but not limited

to, on www.puffynation.com or any successor website.


12. Governing Law and Forum Choice.

These Terms and any action related thereto will be

governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of New York without regard to its conflict of laws provisions.


Except as otherwise expressly set forth in Section10

(Dispute Resolution), the exclusive jurisdiction for all

Disputes (defined above) will be the state and federal courts located in the State and City of New York, and you and Puffy Nation each waive any objection to jurisdiction and venue in such courts.


13. Miscellaneous

(a)

The License applies only to the Puffy NFT on the blockchain that Puffy nation, in its sole discretion, may designate, which designation shall apply retroactively.

Thus, for example, if a fork or other event purports to result in duplicate Puffy NFTs, only the non-fungible token recorded on the blockchain designated by Puffy Nation will be eligible to receive the benefit of the License.


Any license purportedly granted hereunder to the owner of a non-fungible token recorded on a blockchain not designated by Puffy Nation is void ab initio.

Any license purportedly granted hereunder to the owner of a non-fungible token recorded on a blockchain designated by Puffy Nation referring to an ID belonging to a Puffy Nation contract that was 1) not associated to an original auction, 2) granted by Puffy Nation, or 3) is a subsequent purchase from a chain of interactions starting from this auction or grant is void ab initio.


(b)

These Terms will transfer and be binding upon and will inure to the benefit of the parties and their permitted successors and assigns.


(c)

These Terms constitute the entire agreement, and supersede any and all prior or contemporaneous representations, understandings and agreements,

between the parties with respect to the subject matter of these Terms, all of which are hereby merged into these Terms.


Without limitation, the terms of any other document,

publication, course of dealing, or course of trade will not modify these Terms, except as expressly provided in Sections 11 or 13(a) or as the parties may agree in writing.


(d)

Failure to promptly enforce a provision of these Terms or any rights related to the Puffy NFT or Puffy Art will not be construed as a waiver of such provision or rights.

(e)

Nothing contained in these Terms will be deemed to create, or be construed as creatinng, a joint venture or partnership between the parties. Neither party is, by virtue

of these Terms or otherwise, authorized as an agent or legal representative of the other party. Neither party is granted any right or authority to assume or to create any

obligation or responsibility, express or implied, on behalf or in the name of the other party. Nothing contained in these Terms will be deemed to create any third-party

beneficiary right upon any third party whatsoever.

(f)

The parties shall execute and deliver to the other party any and all such other instruments in reasonable mutually acceptable form and substance and shall take any

and all such other actons as may be reasonably necessary to carry the intent of these Terms into full force and effect.

(g)

If any one or more of the provisions of these Terms should be ruled wholly or partly invalid or unenforceable, then the provisions held invalid or unenforceable will be

deemed amended, and the arbitrator, court, or other government body is authorized to reform the provision(s) to the minimum extent necessary to render them valid and

enforceable in conformity with the parties’ intent as manifested herein.

(h)

The headings to sections of these Terms are for convenience or reference only and do not form a part of these Terms and will not in any way affect its interpretation.

(i)

Neither party will be afforded or denied preference in the construction of these Terms, whether by virtue of being the drafter or otherwise.


(j)

For purposes of these Terms, the words and phrases “include,” “includes,”

“including,” and “such as” are deemed to be followed by the words “without limitation".


(k)

Owner may give notice to Puffy nation by contacting Puffy Nation at askpuffynation@gmail.com

(l)

The parties have agreed to contract electronically and, accordingly, electronic signatures or any other forms of acceptance permitted by law, will be given the same

effect and weight as original signatures.