Terms of Service

OVERVIEW

By visiting our site and/or purchasing something from us (the “Service”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SCOPE AND DEFINITIONS

“Company” refers to and includes, 9DCC US LLC and 9DCC HOLDING INC. and its affiliates, Board members, agents, employees, contractors, lawyers, and officers (collectively “Company” or “9DCC). This policy governs the use of the Site (“Site” refers to all web pages published by Company, alone or in conjunction with web partners, that is accessed by members of the public, including but not limited to 9dcc.xyz the collective of web pages, inclusive of all urls published by Company is included in the definition.) by Users (“Users” refers to each and every person viewing the site, anyone in control of the keyboard or mouse while an ip address visits the site, and anyone consuming the Site. “You” is also used to refer to User and is interchangeable with “User”.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant:

You are one day older than 13 years of age, or that you meet or exceed the legal age required by your jurisdiction if it is older than 13.
You are not using the Site from a nation, state, or jurisdiction that has a higher minimum age requirement to interact with a site of this nature.
You will not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 1A – USER WARRANTIES AND REPRESENTATIONS

9DCC finds the following representations and warranties by the User material and relies on each one:

1. No Expectation of Profit or Secondary Market

You agree that you are not acquiring any token, coin, NFT, or other asset produced by 9DCC or gmoney with any expectation of profit, increase in value, existence of a secondary market, or future equity/token distribution.
You further agree that any purchase is solely for its consumptive or artistic value, or for a unique experience, not for financial gains.

2. No Third-Party Promises

The Company is not responsible for any guarantees or promises made by third-party providers.

3. Embargoes and Sanctions

You warrant that you are not in, do not hold property or assets in, and are not a national of, a nation embargoed by the United States or otherwise banned from engaging with a U.S. company.
You warrant that you are not on the Office of Foreign Assets Control (OFAC)’s list of prohibited individuals/entities.
Services and items offered by Company, including NFTs and other Digital Works, are subject to U.S. export control and sanctions laws. You agree not to violate these laws or facilitate any violation.

4. No Expectation of Financial Return

You expressly agree and state that you have no expectation of financial return, profit, or gains from any purchase from the Company.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: Returns for online purchases can be made within 14 days from the date of delivery. To initiate your return, please contact concierge@9dcc.xyz with your order reference number. The 9dcc concierge team will reply within 48 hours. You are responsible for covering shipping costs related to returns. Upon receipt of a product for which a return or exchange was requested, we will inspect the product to ensure that the return/exchange conditions specified below are met. Subject to the product meeting those conditions, an exchange or refund will be made. Returns or exchanges of incomplete, altered, worn, damaged, or soiled products will not be accepted and will be returned to you at your expense. In the rare occurrence that a product has a manufacturing defect, it will be replaced or refunded.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information—such as your email address and credit card numbers/expiration dates—so we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy; we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made with third-party websites. Please review carefully the third-party’s policies before engaging in any transaction. Complaints or concerns regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries) or without our request you send creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain comments in confidence, (2) to pay compensation for comments, or (3) to respond to comments.

We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable—or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful material or malware that could affect the operation of the Service or any related website. You may not use a false e‑mail address or pretend to be someone other than yourself. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.
You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered to you through the Service (except as expressly stated by us) are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind—either express or implied—including implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement.

In no case shall 9DCC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages—whether based in contract, tort (including negligence), strict liability, or otherwise—arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 9DCC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of these Terms or the documents they incorporate by reference—or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law; the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.
If, in our sole judgment, you fail—or we suspect that you have failed—to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service (including the Scope and Definitions, User Warranties and Representations, Arbitration provisions, and all other sections herein) and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals (oral or written), including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after we post any changes constitutes acceptance of those changes.

SECTION 19 - ARBITRATION

User agrees to individual and binding arbitration.

User agrees to arbitrate all disputes and claims with Company and limits the manner in which User can seek relief from Company, unless User opts out of arbitration by following the instructions set forth below. User agrees that no class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes User from suing in court or having a jury trial.

No Representative Actions. User and 9DCC agree that any dispute arising out of or related to these Terms or our Services is personal to User and 9DCC and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which User or 9DCC seeks to bring an individual action in small claims court located in the county of User billing address or disputes in which User or Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, User waive User’s rights to a jury trial and to have any other dispute arising out of or related to any commerce with Company, or in any way related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that User have against Company, Parties agree to binding, individual, and confidential arbitration. User agree to first contact 9DCC and attempt to resolve the claim informally by sending a written notice of User claim (“Notice”) to Company by email at concierge@9dcc.xyz or by certified mail addressed to 9DCC US LLC, 8 The Green, STE 14417 Dover, DE 19901, United States.

The Notice must (a) include User name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to User will be similar in form to that described above. If User and Company cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, individual, binding arbitration before one arbitrator. Arbitration proceedings will be held in the state of New York unless otherwise required by law. For purposes of this Section, a “consumer” means a person using a Company product, purchasing. Company product in any way, or transacting with Company in anyway, or use of the Company URLs (9dcc.xyz). User and 9DCC agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. User either acknowledge and agree that User have read and understand the JAMS Rules or waive User opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

User agrees this Arbitration agreement will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitration will allow for the discovery or exchange of non- privileged information relevant to the Dispute. The arbitrator, Company, and User will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary.

User and 9DCC agree that for any arbitration User initiate, in good faith User will pay the filing fee and User and 9DCC will split equally the remaining JAMS fees and costs; provided that if User are a consumer the maximum amount User will be required to pay for the filing fee is $250 and 9DCC will pay any remaining amount of the filing fee and the remaining JAMS fees and costs. For any arbitration initiated by 9DCC, 9DCC will pay all JAMS fees and costs. User and 9DCC agree that the state or federal courts of the State of New York and the United States sitting in in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the state of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that User and Company will not have the right to assert the claim.

User has the right to opt out of binding arbitration within 30 days of the date User first accepted the terms of this Section by emailing 9DCC at concierge@9dcc.xyz, and info@gencolaw.com. In order to be effective, the opt- out notice must include User’s full name and address and clearly indicate User’s intent to opt out of binding arbitration. User agrees that if they do opt out of binding arbitration, User are agreeing to resolve Disputes in accordance with The Venue and choice of law provisions below.

If any portion of these agreements is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration agreement and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of Arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of the Agreement will be enforceable.

SECTION 20 - GOVERNING LAW AND VENUE

Any dispute arising between User and Company not arbitrated in accordance to previous arbitration agreement, will be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in the boroughs of Brooklyn (Kings County) or Manhattan (New York County) in the state of New York and User consent to jurisdiction and venue in such courts.

SECTION 21 - DISPUTE RESOLUTION FOR NON-U.S. RESIDENTS

In the event of any dispute User and Company agree to arbitration in a manner consistent with the arbitration provisions in these Terms.

SECTION 22 - NO RIGHTS OF THIRD PARTIES

User agree that there are no third-party beneficiaries to these Terms.

This Agreement constitutes the complete understanding and agreement of User and Company and supersedes any and all prior or contemporaneous written or oral agreements between User and Company. The language of any clause or term of this Agreement will not be construed for or against the drafter. No right or term of this Agreement will be deemed waived, and no breach of this Agreement excused, unless the waiver or consent is in writing and signed by User and Company.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at concierge@9dcc.xyz.