Proof of Play Marketplace

1. Welcome to the Proof of Play Marketplace

Proof of Play Inc. (“Proof,” “Company,” “we,” “us,” or “our”) provides you a platform that allows you to directly connect with other users on a peer-to-peer basis on our website (the “Site”) to buy and sell certain NFTs related to the Pirate Nation game (the “Service”). Our game is a role playing game built on the Ethereum Network and governed by the Proof Terms of Service located at https://piratenation.game/terms. In order to play our game, you need to own a Proof NFT. The Proof NFTs are governed by the Proof NFT terms located at piratenation.game/tos (“Proof NFT Terms”). Proof Terms of Service and Proof NFT Terms and incorporated herein by their entirety.

Proof is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business/money transmitter or creditor. Proof provides a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must have your own wallet which allows you to engage in transactions on blockchains.

Proof is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.

All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. The Service may connect to one or more third-party services or sites for the provision of certain functionalities, and you will agree to the terms and conditions of such third-party services and sites, and if required, to register account with such third party service providers, to enable those functionalities.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site located at https://marketplace.proofofplay.com/. We will also notify you of any material changes, either through the Service user interface, a pop-up notice or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

At Proof of Play, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://piratenation.game/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

2. The Service

Proof does not ever have possession, custody, or control of your digital wallet, NFTs or other assets held in your digital wallet, nor does it stand as an intermediary, processor, escrow agent, or direct beneficiary of any transactions conducted by you involving other users of the Service. Proof is not a party to any agreement or transactions involving you and other users or assets. Proof is not a wallet provider, exchange, broker, financial institution, money services business/money transmitter, trust, or creditor.

To make use of our Services you must connect your Ethereum-compatible digital wallet on a supported bridge extension, such as MetaMask, Formatic, Wallet Connect, and others that may be supported on the Site. By connecting your digital wallet to the Site, you expressly represent that you are the lawful and rightful owner of the digital wallet. Your digital wallet transactions are broadcasted to the Ethereum blockchain through the applicable third-party bridge extension, which facilitates transactions on your behalf. By using your digital wallet in connection with the Services, you agree that you are using that wallet lawfully and under the terms and conditions of the applicable third party-wallet provider. Your digital wallet and all assets held therein are your personal property, and not the property of Proof. Proof has no responsibility or technical ability to manage, modify, secure, or perform transactions on behalf of your digital wallet.

Your use of the wallet or the Service and interaction with third parties is entirely voluntary and optional. If you decide to access or use a third-party service, your activity and use of those third-party services is governed by their terms and conditions. To be eligible to use the Service, you must be a resident of a country in which your wallet and the Service are supported and be at least 18 years of age.

You are solely responsible for the retention and security of your private key. You, and not Proof, are solely responsible for keeping your private key access information, as well as your authentication-related information, secure. Proof is not responsible, and is not able, to maintain your private key. Failure to keep your private key secure may result in the loss of control of your wallet and NFTs associated with your wallet. You acknowledge and agree that we do not receive or store your wallet authentication information, encrypted private key, or unencrypted private key associated with your wallet. We cannot modify, recover, or reset your authentication method, and you accept and acknowledge that if you lose access to or control over any authentication method, or fail to store a backup of your private key, then you will lose access to the wallet and any digital items or NFTs associated with the wallet.

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) in connection with using the Service. In order to comply with our legal obligations and keep our users and platform safe, we may need to restrict, suspend, or terminate your access to the Service. You acknowledge that Proof is under no obligation to disclose the details of its decision to take such action with you.

Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) if you are an entity, you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) if you are an entity, none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (e) you have not transacted and will not transact with any person or entity falling into any of (a)-(d); (f) you have not transacted and will not transact for the benefit of any person or entity falling into any of (a)-(d). You further covenant that the foregoing shall be true during the entire period you have an account with us. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.

Proof may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms of Service. In such cases, Proof, in its sole discretion, may disable your account and block your ability to access the Service until such additional information and documents are processed by Proof. If you do not provide complete and accurate information in response to such a request, Proof may refuse to restore your access to the Service.

3. Marketplace Payment Terms

Marketplace transactions involving your digital wallet and NFT(s) may be subject to commissions, fees, royalties and other charges including, but not limited to: (1) a 10% royalty commission paid by the seller for any In-Game Digital Assets (except for the Founder's Pirates NFT, which will be a 6.9% royalty commission) (the items as described in our Proof Terms of Service) to be deducted from the total proceeds; (2) a standard 2.5% marketplace fee paid by the buyer in addition to the sale price for all types of sales transactions made on the Site to be deducted from the total proceeds; and (3) “gas fees” paid by each party to the Ethereum blockchain miners in ETH or other cryptocurrency through your digital wallet as consideration for validating your transactions. The value of the gas fee changes, often unpredictably, and is entirely outside of the control of Proof. Before you pay any fees, you agree that you have had an opportunity to review and accept the fees that you will be charged. All marketplace commissions, fees, and royalties are denominated in ETH or other cryptocurrency or fiat currency and are non-refundable. Proof assumes no obligation or duty to provide notice in advance of changes to the marketplace fees or other marketplace settings.

4. Restrictions

You cannot use or allow others to use the Service for any type of illegal economic activity. You are forbidden from engaging in any type of transaction for the purpose of illegally concealing economic activity, laundering money, violating U.S. sanction, or financing terrorism. In furtherance of the foregoing, you agree to report any suspicious activity related that they become aware of.

The Proof marketplace depends on the honest and lawful participation of all its users. In addition to ensuring compliance with applicable law and comporting with general principles of fairness and honesty, you understand and agree that:

You are forbidden from engaging in any behavior, whether on or off of the Services, with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the actual or apparent price or value of any NFTs.

You are forbidden from bidding on, purchasing, making offers on, or attempting to influence the price of any NFT(s) that you already own or control though any of your digital wallets, whether or not the digital wallet is a registered user of the Services.

You are forbidden from participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of any NFT(s)

You are forbidden from marketing or promoting any NFT(s) as investment products, securities, assets intended solely for resale, or otherwise in any manner that would suggest that any NFT will appreciate in value.

You are forbidden from infringing or violating the intellectual property rights or any other rights of others.

You are forbidden from displaying, purchasing, or selling illegal content, such as content that may involve child sexual exploitation.

You are forbidden from displaying NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual.

You are forbidden from using the Service with the proceeds of unlawful activity or with a wallet used to engage in unlawful activity.

You are forbidden from using the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.

5. Assumption of Risk

You accept and acknowledge:

The value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.

You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.

A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.

The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.

You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Proof is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or the sale/purchase of your NFTs.

There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.

We do not have ownership or control of the smart contracts deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality.

We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Proof has no ability to reverse any transactions on the blockchain.

There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Proof will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any blockchain network, however caused.

The Service relies on third-party platforms and/or vendors. For the avoidance of doubt, Proof cannot control the performance of third-parties.

Proof reserves the right to disable collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Proof. Under no circumstances shall the inability to view items on Proof or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Proof.

If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

6. Intellectual Property

Trademarks: The Proof name and logos are trademarks and service marks of Proof (collectively the “Proof Trademarks”). Other Proof, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Proof. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Proof Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Proof Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Proof be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Proof does not pre-screen content, but that Proof and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Proof and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Proof, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Proof and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Proof and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Proof are non-confidential and Proof will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Proof may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Proof, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Third-Party Content and Services

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Discord, Facebook, or Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Proof has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Proof, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Proof enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Proof will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

8. Idemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Proof, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Proof Parties”) from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Proof will provide notice to you of any such claim, suit, or proceeding. Proof reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Proof's defense of such matter. You may not settle or compromise any claim against Proof Parties without Proof's written consent.

9. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROOF PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PROOF PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). PROOF AND/OR ANY OTHER PROOF PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

10. Limitation of Liability

YOU EXPRESSLY AGREE THAT PROOF PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROOF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PROOF PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PROOF IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

11. Termination

If you breach any of the provisions of these Terms of Service, all licenses granted by Proof will terminate automatically. Additionally, notwithstanding anything contained in these Terms of Service, we reserve the right, with or without notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. If we terminate your account or restrict your access or use of the Service, you retain ownership of your NFTs. You may still access your NFTs through public blockchains and other web3 wallets, platforms, and/or websites.

12. General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Proof governing your access and use of the Service, and supersede any prior agreements between you and Proof with respect to the Service. In the event of any conflict between these Terms of Service and Proof NFT Terms in relation to the Service, these Terms of Service will control. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Proof submit to the personal and exclusive jurisdiction of the state and federal courts located within Palo Alto, California. The failure of Proof to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Proof, but Proof may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Proof will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Proof's reasonable control.