TERMS OF USE

Last Updated: 10/25/2025

BluMint Inc. (“BluMint,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our website located at https://www.blumint.com/ (the “Website”) and our gaming platform (“Platform”) that is provided to you through the Website, subject to the following terms and conditions (the “Terms of Use”). 

BY VISITING THE WEBSITE AND/OR ACCESSING AND/OR USE THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY (THE “PRIVACY POLICY”, TOGETHER WITH THE TERMS OF USE, THE “AGREEMENT”), WHICH IS HEREBY INCORPORATED BY REFERENCE, AND YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD OR OLDER. IF YOU ARE UNDER AGE 18 BUT ABOVE 13 YOU ACKNOWLEDGE THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED THIS AGREEMENT AND YOU POSSESS THEIR CONSENT TO ACCESS AND USE THE WEBSITE AND THE PLATFORM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE AND THE PLATFORM.  

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.  

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website and/or the Platform, or to modify the Agreement, at any time and without prior notice.  If we modify the Agreement, we will post the modification on the Website and the Platform.  By continuing to access or use the Website and/or the Platform after we have posted a modification on the Website and/or the Platform, you are indicating that you agree to be bound by the modified Agreement.  If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website and the Platform.

Capitalized terms not defined in these Terms of use shall have the meaning set forth in our Privacy Policy.

  1. DISCLAIMER

You acknowledge and agree that playing online games may result in some health and safety risks. You should consult your physician before using the Platform, if you are pregnant, elderly, or suffer from a heart condition or other serious medical condition. You should stop using the Platform and contact your physician immediately if you feel any of the following symptoms: dizziness, nausea, motion sickness, seizures, disorientation, visual abnormalities, fatigue, discomfort or any symptoms similar to motion sickness. By accessing and using the Platform, you acknowledge that you are aware of, and assume these risks, and release BluMint from any and all liability, claims, or actions that arise from your use of the Platform.

  1. DESCRIPTION OF THE PLATFORM

Our Platform is an interactive streaming and tournament-hosting service that enables livestreamers to create and run skill-based gaming competitions for their audiences. The Platform provides tools for streamers to organize tournaments, set entry requirements, and award real prizes to participants.

By using the Platform, you may have the opportunity to enter tournaments, compete in skill-based games, and, if successful, receive prize payouts. All transactions on the Platform, including entry fees and prize distributions, are processed and managed through our third-party payment partners. We do not directly control or guarantee the availability, timing, or security of payment processing services, and we are not liable to you or any third party for any claims, losses, or damages arising from payment processing errors, delays, or failures.

The Platform only permits skill-based competitions. All games or tournaments offered through the Platform are designed such that the outcome is determined by the relative skill of the participants. Games of chance, random outcomes, or any mechanism resembling a lottery, sweepstakes, or gambling activity are expressly prohibited.

Participation in tournaments involves certain risks, including but not limited to eligibility verification, compliance with applicable laws, and the possibility of not winning a prize. Please review Section 10 of these Terms of Use for more information about the risks associated with participating in skill-based tournaments.

  1. USE OF PERSONAL INFORMATION

Your use of the Website and the Platform may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at [https://docs.google.com/document/d/1BPod9EsCE4Y5DoILVw2cWy7OXVlTjgT5/edit?usp=sharing&ouid=111710437756297640153&rtpof=true&sd=true]), which is hereby incorporated by reference in its entirety.

  1. RIGHT TO ACCESS AND USE THE PLATFORM

Subject to the terms and conditions of this Agreement, BluMint grants you during the term of this Agreement a non-transferable, non-exclusive right, without the right to sublicense, to access and use the Platform for your personal purposes.

  1. INTELLECTUAL PROPERTY

The Website and the Platform contains material, such as software, text, graphics, images, and other material provided by or on behalf of us or our licensors (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  Elements of the Website and the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  You must retain all copyright and other proprietary notices contained in the original Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. We reserve the right to remove Content from the Website and the Platform at any time for any reason without any notice to you.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Website and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of BluMint (the “BluMint Trademarks”) used and displayed on the Website and the Platform are registered and unregistered trademarks or service marks of ours.  Other company, product, and service names displayed on the Website and the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the BluMint Trademarks, the “Trademarks”).  Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of BluMint Trademarks inures to our benefit.

  1. FEEDBACK

If you provide any suggestions, feedback, comments or other input related to the Website, the Platform or any enhancements or other improvements of the Website and the Platform (collectively, “Feedback”), you hereby assign us all right, title, and interest in and to such Feedback and agree that we may use or otherwise incorporate such Feedback into the Website, the Platform or our other products or services, and otherwise use the Feedback in any manner that we choose, without restriction or royalty or attribution of any kind to you or any third party.

  1. USER CONTENT; LICENSES

Through the Platform, you may post and upload content such as, comments, reviews, messages to others, text, graphics, and other materials (collectively, “User Content”).  You expressly acknowledge and agree that once you submit User Content for inclusion into the Platform, there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available.  YOU, AND NOT BLUMINT, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.  We are not obligated to publish any User Content on the Platform and can remove it in our sole discretion, with or without notice.

You retain all copyrights and other intellectual property rights in and to your own User Content.  You do, however, hereby grant BluMint and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.    

If you submit User Content to us, each such submission constitutes a representation and warranty to BluMint that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by us and our content partners as permitted by these terms, does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

  1. COMMUNITY GUIDELINES 

BluMint’s community, like any community, functions best when its people follow a few simple rules.  By accessing and/or using the Website, and/or the Platform, you hereby agree to comply with these community rules and that:  

We reserve the right, in our sole and absolute discretion, to deny you access to the Website and the Platform, or any portion thereof, without notice.

Skill-Based Participation; User Representations
You acknowledge and agree that:
(a) all games, tournaments, and competitions offered through the Platform are based on skill, not chance;
(b) you will not manipulate or interfere with gameplay mechanics to introduce elements of chance or automated outcomes;
(c) you will comply with all applicable eligibility, age, and geo-location verification requirements; and
(d) you will not use any method (including VPNs) to misrepresent your jurisdiction or eligibility.

BluMint reserves the right to require additional verification, suspend access, or forfeit winnings if there is any suspicion of circumvention of these requirements.

Streamers and Hosts

Streamers who organize or host tournaments through the Platform must ensure that all hosted games are skill-based and comply with BluMint’s applicable policies and any federal or state regulations. Streamers are solely responsible for verifying the eligibility of participants, complying with all applicable laws, and maintaining the integrity of competitions. Streamers agree to indemnify BluMint for any claim or proceeding arising from a violation of applicable gaming laws or regulations.

  1. RESTRICTIONS 

The Website and the Platform are available only for individuals aged 13 years or older.  If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. By accessing and/or using the Website and/or the Platform, you represent and warrant that you are at least 13 years old.

NOTICE: REAL MONEY GAMING FUNCTIONS ARE ONLY AVAILABLE TO INDIVIDUALS WHO ARE 18 AND OLDER OR THE AGE OF MAJORITY IN THEIR JURISDICTION (IF HIGHER THAN 18). PLAYING OR ATTEMPTING TO PLAY A REAL MONEY CONTEST IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IS AN EXPRESS VIOLATION OF THESE TERMS AND WILL RESULT IN YOUR ACCOUNT BEING BLOCKED AND POTENTIALLY REPORTED TO RELEVANT LAW ENFORCEMENT AUTHORITIES.

  1. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

You do not need to create an account to access and use the Platform. However, if you choose to create an account on the Platform, you will have to provide a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). The Sign-In Name, Password and Unique Identifiers are collectively referred to herein as the “Account Credentials.” When creating your account, you must provide true, accurate, current, and complete information.  Each Sign-In Name and corresponding Password can be used only by you. You are responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers.  You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier.  We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason.  

  1. PURCHASES

To the extent that there are any purchases made through our Platform or Website, you  agree to pay all applicable fees associated with the in-game purchases you make through the Platform. We use a third party payment processor (“Third Party Payment Processor”) to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third Party Payment Processor, and that all information you provide is accurate. If payment is not received from your credit card issuer or any other payment facility, you hereby agree to pay all amounts due upon demand.  You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.

We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

  1. NO WARRANTIES; LIMITATION OF LIABILITY 

THE WEBSITE, THE PLATFORM AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND NEITHER BLUMINT NOR ITS SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND BLUMINT HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM, ANY GAMES OR ANY DIGITAL ASSETS WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE PLATFORM, ANY GAMES OR ANY DIGITAL ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) THE PLATFORM, ANY GAMES, OR ANY CONTENT OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE.  

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, AND/OR THE PLATFORM EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR THE PLATFORM SHALL BE LIMITED TO THE GREATER OF THE TOTAL MONIES YOU HAVE PAID US IN THE IMMEDIATELY PRECEDING THREE (3) MONTHS PRIOR TO THE DATE THAT GAVE RISE TO THE CLAIM OR ONE HUNDRED US DOLLARS ($100).  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.  NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

THE WEBSITE, THE PLATFORM AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, THE PLATFORM AND/OR THE CONTENT AT ANY TIME WITHOUT NOTICE.  

  1. EXTERNAL SITES

The Website and the Platform may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

  1. INDEMNIFICATION 

To the maximum extent permitted by applicable law, you  agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns (collectively, “BluMint Indemnitees) harmless from and against any and all damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees (collective, “Losses”) incurred by any BluMint Indemnitees in connection with a third-party claim, action, or proceeding (each a “Claim”) arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Website, the Platform, or the Content; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.  We shall provide notice to you of any such Claim, and shall provide reasonable assistance to you, at your expense, in defending any such Claim.  We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. Without limiting any of the foregoing, your indemnification obligations include any claims arising from your participation in, or hosting of, any competition alleged to constitute gambling or to violate applicable gaming laws.

  1. COMPLIANCE WITH APPLICABLE LAWS

The Website and the Platform are based in the United States.  We make no claims concerning whether the Website, the Platform or Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Website, the Platform or Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

State-Level Restrictions and Compliance


The Platform is offered only in the United States and only in those states where skill-based gaming competitions are lawful. You may not access or use the Platform if you are physically located in, or a resident of, any of the following jurisdictions: Arkansas, Connecticut, Delaware, Louisiana, Michigan, Montana, South Carolina, South Dakota, or the District of Columbia. BluMint reserves the right to block access to, or suspend accounts in, any state or jurisdiction where the operation of skill-based games for real-money entry is or becomes restricted by law. In the event that any state changes its legal or regulatory treatment of skill-based real-money contests, your access to the Platform may be restricted or suspended to comply with the law.

By accessing our Platform, you represent and warrant that (i) you are physically located in a jurisdiction where participation in skill-based games is lawful, and (ii) you will immediately cease participation if you move to or access the Platform from a prohibited jurisdiction.

  1. TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Website and/or the Platform, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Website and/or the Platform at any time without prior notice or liability.  

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

Reporting Claims of Copyright Infringement  

We respect the intellectual property rights of others and attempt to comply with all relevant laws.  We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.  Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Copyright Agent

_________________

__________________

[bsterba@lowenstein.com]

If you believe that your work has been copied on the Website or the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website or the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Counter-Notification Procedures  

If you believe that material you posted on the Website or the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).  

Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website or the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Website or the Platform with the complaint at issue.

The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website or the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the Act.

  1. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Website, the Platform, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”).  NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside.  The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.  As set forth in Section 19 below, nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

  1. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  1. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.

  1. MISCELLANEOUS 

If the Agreement is terminated in accordance with the termination provision in Section 15 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect:  “Intellectual Property,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination,” “Binding Arbitration,” “Class Action Waiver,” “and “Miscellaneous.”  

This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.  Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other.  Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  

Copyright 2025 BluMint Inc. All rights reserved.