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Engineer Your Empire

TF Empires Terms of Use

Updated: 10/29/2024

Welcome to the TorqueForm (Luxauro, Gold Metal Guild, and TF Empires) (“we,” “us,” “our”), your reliable Tribrid online marketplace. We connect customers, merchants, clients, professionals, and founders, facilitating transactions and services securely. By using Our Website and its Platform Services, in addition to the TorqueForm Tribrid Terms and Conditions (also linked below) and any Additional Policies that may be applicable to any particular features, Content and functionality of the Platform Services (incorporated into these Terms by reference), that may be offered by Luxauro, LLC or Goldevine, LLC, Users agree to be bound by these TF Empires’ Terms of Use.

  1. Definitions
  2. Electronic Communications
  3. Who we are
  4. Third-Party Merchants
  5. Your Obligations
  6. Project Founder Obligations
  7. Contributing to a Project
  8. Our Role
  9. Our Intellectual Property
  10. Your Intellectual Property
  11. Restricted Activities
  12. Holds and Restricted Funds
  13. Reporting Copyright and Other Intellectual Property Violations
  14. Notice
  15. Our Rights Concerning User Accounts; Termination
  16. Payment Services
  17. System Outages and Maintenance
  18. Unsolicited Idea Submission
  19. Indemnity
  20. Warranty Waiver
  21. Liability Disclaimer
  22. Export Compliance
  23. Waiver and Release (CA Residents)
  24. Arbitration, Dispute Resolution, and Class Action Waiver
  25. Legal Disputes Not Subject to Arbitration
  26. Force Majeure
  27. Full Agreement Between You and Us
  28. Miscellaneous
  29. Untreadable Crowdfunding Campaigns
  30. Disclaimer

*IMPORTANT NOTICE: AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH US THROUGH BINDING ARBITRATION AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE ARBITRATION, DISPUTE RESOLUTION, AND CLASS ACTION WAIVER IN SECTION 24 BELOW).*

Please read these Terms of Use carefully.

The website(s) of the Tribrid is operated by the Company and offers the information, tools, and service to you in accordance with the terms set out hereunder. Please read these Terms carefully before using the Site or Platform Services, including, without limitation, the Website, and all other websites, apps, and services offered by or through Us pursuant to this Agreement (as defined below) offered by the Company. These Terms may be amended at any point in time at our sole discretion by posting a revised version of these Terms. Unless stated otherwise, any accessing or using of Our Site or continued use of Our Platform Services after the effective date of any revised Terms constitutes Your acceptance of those revised Terms. These Terms constitute a legally binding agreement between You and the Company. If We make any material change to these Terms or any portion therein, Our posting of the revised Terms on Our Website, a notice on Our Site, through the Platform Services, or by other means that We deem appropriate such as an email sent to Your email address that we have on file thirty (30) days before taking effect will serve as adequate notification. If you do not agree to these Terms, You may not access or use the Site or Platform Services. These Terms of Use may be translated into other languages and should any conflicts arise between this English version and any translations, the English version shall control. Supplemental terms may apply to the Site or Platform Services. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the Site and Platform Services (“Additional Terms”). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Site or Platform Services.

Additional Policies

The following policies and guidelines (“Additional Policies”) are incorporated into the Terms by reference.

1. Definitions

  1. “Claimant” refers to the person or entity filing a notification of Infringement;

  2. “Client,” “Customer,” “Purchaser,” or “Buyer” refers to anyone who uses Our Site or Platform Services (including in order to contact a GMG Professional) and engages in a transaction with a Merchant, Professional, or Founder on the Site or through the Platform Services;

  3. “Content” refers, without limitation, to any and all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through Our Site and Platform Services;

  4. “Contract” refers to the contract for the sale and purchase of the Goods or the supply and acquisition of the Professional Services on the Site or through the Platform Services;

  5. “Contributors” or “Backers” refers to those Users who pledge to contribute any funds to a Project;

  6. “Contributions” refers to any funds donated to a Project by a Contributor;

  7. “Cookie Policy” refers to Luxauro’s Cookie Policy, available at https://Luxauro.com/cookie-policy/ or TF Empires’ Cookie Policy, available at https://TFEmpires.com/cookie-policy/ and incorporated herein by reference;

  8. “Delivery Address” refers to the address stated on the Order;

  9. “DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;

  10. “Founder” or “Project Owner” refers to any User who starts and subsequently receives approval from Us for a TF Empires Project through Our Site or Platform Services;

  11. “Gold Metal Guild,” or “GMG” refers to the Tribrid platform’s professional network portion of the Site and Platform Services;

  12. “Gold Metal Guild Services,” “GMG Pro Services,” or “Professional Services” refers to the services that GMG Professionals offer to Users of the Tribrid;

  13. “Gold Seal Specials” refers to the preset Professional Service packages that GMG Professionals can create for Users’ convenience for those Users who prefer a simplified Professional Service package rather than entering into a more unique or tailored service contract with a GMG Professional;

  14. “Goods” refers to the goods (including any installment of the goods or any part of them) described in the Order;

  15. “Infringement” refers to the unauthorized, that is, not permitted use of copyrighted material or other intellectual property rights;

  16. “Intellectual property rights” refers to patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights;

  17. “Luxauro” refers to the Tribrid platform’s e-commerce portion of the Site and Platform Services;

  18. “Luxauro Charter” or “Charter” refers to any bookable product or service, that is, any product or service that is offered for rent by a Merchant;

  19. “Marks” refers to the trademarks, trade dress, service marks, and logos used and displayed on the Site or through the Platform Services or in any Tribrid Content;

  20. “Merchant,” “Vendor,” “Seller,” “Service Provider,” “Gold Metal Guild Professional,” “GMG Professional,” “GMG Pro,” “Professional,” or “Pro” refers to any User who has applied for and received approval for a Merchant account on the Luxauro platform. A Merchant is authorized to engage in one or more of the following activities:

    1. Selling products;

    2. Renting products;

    3. Offering Professional Services for hire;

  21. “Order” refers to the Client’s purchase order to which these Terms are annexed;

  22. “PII” refers to personally identifiable information, as that term is defined under all applicable laws;

  23. “Platform Services” refers to the Tribrid Site(s), mobile applications or connected applications and any and all other offerings and services provided on the Site;

  24. “Price” refers to the price of the Goods or the charge for the Professional Services;

  25. “Privacy Policy” refers to Luxauro’s Privacy Policy, available at https://Luxauro.com/privacy/ or TF Empires’ Privacy Policy, available at https://TFEmpires.com/privacy-policy/ and incorporated herein by reference;

  26. “Products” refers to the items that Merchants list for sale on the Site or through the Platform Services;

  27. “Project” refers to a Founder’s fundraising campaign project through Our Site and Platform Services;

  28. “Project Deliverables” refers to crowdfunding Projects’ main item(s) or purpose for which Founders are requesting funding for their Projects. Project Deliverables may or may not be the same as Project Rewards;

  29. “Rewards,” “Benefits,” or “Benefit Packages” refers to the gifts, items, or services offered by Project Owners to their Contributors;

  30. “Specification” refers to any plans, drawings, data, or other information relating to the Goods or Professional Services;

  31. “Submission” refers to any submission, comment, or suggestion on the Site, whether public or private, including, but not limited to, ideas, Products, Professional Services, know-how, concepts, suggested changes, additions, or improvements;

  32. “Suite” refers to the store of any Merchant or GMG Professional on the Tribrid platform in which they can display their Products for sale or rent or their Professional Services for hire;

  33. “Terms” or “Terms of Use” refers to the Tribrid’s Terms of Use (this agreement), Additional Policies, the Tribrid’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;

  34. “TF Empires” refers to the Tribrid platform’s crowdfunding portion of the Site and Platform Services;

  35. “TorqueForm,” “Tribrid,” “TorqueForm Tribrid,” or “Tribrid of the TorqueForm” refers to the website(s) or services of Luxauro, Goldevine, or any of their parents, subsidiaries, DBAs, or affiliates, individually or collectively;

  36. “Tribrid Content” refers to Content provided by Luxauro, Goldevine, or any of their parents, subsidiaries, DBAs, or affiliates, individually or collectively, to Users in connection with the Platform Services, including, without limitation, the software, the Products, the Professional Services, the Site, and the Platform Services;

  37. “User,” “You,” or ” Your” refers to Merchants, Gold Metal Guild Professionals, Project Owners, Contributors, any visitor to the Site, or User of the Site or Platform Services, either individually or collectively;

  38. “User Content” refers to any Content that has been uploaded, transmitted, or posted to Our Platform Services by a User, including, but not limited to, User Content in a User profile, Merchant profile or store, GMG Professional profile, or TF Empires Project page;

  39. “Warranty Policy” refers to this Returns, Refunds, and Cancellation Policy and any link or reference to an individual Merchant’s or GMG Professional’s return, refund, and cancellation policy;

  40. “We,” “Our,” “Us,” or “Company” refers to Luxauro, LLC, a Montana limited liability company, (for a non-exhaustive list of business names and trademarks, click here), Goldevine, LLC, a Montana limited liability company, together with their parents, subsidiaries, DBAs, affiliates, agents, representatives, consultants, employees, officers, and directors;

  41. “Website” or “Site” refers to any and all website(s) or services of the Tribrid, individually or collectively;

  42. “-X-Skyway” refers to the 3D metaverse platform of the TorqueForm Tribrid;

  43. “-X-Skyway Suite” refers to the 3D-modeled store which a User, Merchant, GMG Professional, or TF Empires Founder may purchase in order to display their Products, Professional Services, or TF Empires Project content to Users and Clients.

2. Electronic Communications

If and when You use the Site or Platform Services, or send emails, text messages, or any other forms of electronic communications from Your computer or mobile device on the Site or through the Platform Services, You may be communicating with Us electronically. By communicating electronically, You acknowledge and agree to receive communications from Us or other Users electronically including, but not limited to, emails, texts, mobile push notifications, or notifications and messages on the Site or through the Platform Services, such as the built-in User messaging system. These electronic communications may be stored for Your records. You acknowledge and agree that all agreements, notifications, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

3. Who We Are

  1. Luxauro is the online multi-vendor e-commerce marketplace platform of the Tribrid that brings vendors’ products together to Users for sale or rent on the Site or through the Platform Services. This portion of the Tribrid allows Users to form Merchant accounts in order to market and sell or rent their products to Users on the Site and through the Platform Services.
  2. TF Empires is the online crowdfunding/crowdsourcing platform of the Tribrid that allows Users to support crowdfunding Projects featuring products, designs, services, and more. Our platform also allows Users to source ideas and information from others to help improve the likelihood of Users’ Projects’ success. In addition, Users can add related sub-projects on to their main Project and receive feedback from Users in order to better tailor their main Project and sub-projects to increase their likelihood of success. Project Owners can offer Rewards to their Backers in exchange for funding their Projects.
  3. Gold Metal Guild (GMG) is the professional networking platform of the Tribrid that allows Users to create professional business profiles for themselves along with their associated services to help market themselves and their services to potential customers on the Site or through the Platform Services. In addition to being able to initiate unique and individually created work contracts, GMG Professionals may also create preset service packages called Gold Seal Specials that Users may easily purchase from GMG Pros.
  4. You acknowledge and agree that the Sites and Platform Services of the Tribrid make up an online marketplace and as such the Company is not responsible or liable for any of the following including, but not limited to, content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, products, services, Projects, Rewards, listings, links or information posted or provided by You, other Users, Merchants, Professionals, Founders, or other third parties on or through the Site or any of the Platform Services. You use the Site and Platform Services at your own risk.

4. Third Party Merchants

Parties unaffiliated with the Tribrid operate stores, sell products or software, offer services for hire, or advertise crowdfunding Projects on the Site and through the Platform Services. We may also allow or provide links to the external sites of these third-party affiliates or other certain businesses. If You, as a Founder, transact business with any of these third-party businesses or individuals, You are transacting directly with those third-parties and not with the Tribrid. We do not support and we make no endorsements, representations, warranties, or guarantees regarding the truthfulness, accuracy, reliability, validity, quality, safety, morality, or legality of any Product, Merchant, GMG Professional, Professional Service, Project, third-party external site, or User Content on Our Site (or on their websites). We do not investigate or guarantee the truthfulness of any claims made by Users. You acknowledge and agree that You are solely responsible for evaluating the truthfulness of any statement made by any Merchant, GMG Professional, Founder, or User before choosing to interact or transact business with anyone on the Site or through the Platform Services. You further acknowledge and agree that We are not responsible or liable for, without limitation, any action, statement, product, service, or content of any third-party on the Site or who makes use of the Platform Services. It is Your sole duty to carefully review the privacy statements and other conditions of use of any third-parties with whom You wish to interact on or off of the Site or through the Platform Services.

5. Your Obligations

We grant You a limited, non-exclusive, non-transferable, and revocable license for the use of Our Platform Services, subject to these Terms, including the following restrictions:

  1. Your Account. In order to make use of many of Our Platform Services, You agree to:
    1. Register and create Your own account with a unique username and password;
    2. Provide Us with accurate and complete information;
    3. Update Your account information as needed in order to keep the information we have on file as accurate and complete as possible;
    4. Not use a false email address;
    5. Not impersonate any person or entity;
    6. Not in any way mislead another including, but not limited to, the origin of content;
    7. Not choose an offensive username; and
    8. Not violate any individual’s rights.
  2. You are solely responsible for maintaining the confidentiality of Your account and for all activities associated with or occurring under Your account.
  3. If You suspect or discover any unauthorized activity on Your account, it is Your responsibility to notify Us immediately by contacting Us at support@TFEmpires.com. Be sure to include “URGENT” and Your unique username in the subject of the email to assist our support team in responding quickly to Your inquiry.
    1. BE AWARE: We take no responsibility for any loss or damage arising from Your failure to comply with these requirements or as a result of the use or misuse of Your account with or without Your knowledge or permission.
  4. Users may post, submit, and send User Content through the Platform Services such as reviews, comments, photos, videos, communications, suggestions, ideas, questions, or other information. User Content may not be illegal, obscene, threatening, defamatory, offensive, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and must not consist of or contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
  5. Prohibited User Content. The following User Content, relative, but not limited, to products, services, activities, Projects, and Rewards, including, but not limited to, any content to which You may link externally on Our Site, are prohibited on Our Site, and cannot be marketed on a Project or offered as a Reward:
    1. Gambling: Lotteries, games of chance, any other forms of gambling, or other forms of Rewards that are not guaranteed, (i.e., raffles, contests, sweepstakes, random drawings, coupons, etc.) or any activity that constitutes gambling under Federal, State, or local law.
    2. Drugs, Nicotine, Tobacco, Vaporizers and Related Paraphernalia, and Alcohol: Drugs, drug paraphernalia, any form of narcotic, nicotine, tobacco, vaporizer or related paraphernalia, or alcohol products, including words, phrases (including slang names), images, or videos depicting any of the above items.
    3. Investments and Profit Sharing: Any form of financial incentives (i.e., prepaid debit cards, bullion, pure cash, Bitcoin, NFTs, and other cryptocurrency), return on investment, Securities Offering (as defined in the Securities Act of 1933) (i.e., notes, stocks, treasury stocks, security futures, security-based swaps, bonds or debentures, etc.), participation in any profit sharing, anything that might be considered an initial coin offering (“ICO”), or any offers of cryptocurrency, NFTs, or any other form of digital asset in token form that could be considered a Securities Offering.
    4. Financial or Credit Services: Any form of financial or credit services, financial intermediaries or cash-equivalent instruments, phone services, or business marketing services.
    5. Offensive, Harassment, and Hate Speech: Anything that may be considered harassment including, but not limited to: abusive images, videos, comments, or messages, cyberbullying, invasion of privacy, promoting or representing any individual, group, or organization that promotes hate or uses hate symbols and/or hate terms on their website, as defined by the Anti Defamation League, sexual harassment, any form of degradation, subjugation, discrimination, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.

    6. DISCLAIMER: In addition to these prohbitions, we recognize that certain products or services may necessitate specific restrictions for legal, safety, or operational reasons. Merchants and GMG Professionals on this platform are permitted to enforce minimum requirements, such as age restrictions, qualifications, or certifications, where such limitations are legally mandated or reasonably necessary to ensure the safety and proper use of their Products or Professional Services. These requirements must be clearly communicated in the Product or Professional Service Contract description and must comply with all applicable laws and regulations.

    7. Pornographic and Sexually Explicit Content: Any form of pornography or sexually explicit content, which may include, but is not limited to, sexually explicit videos, links to websites that may contain sexually explicit material, or graphically violent content.
    8. Promotion of Violence: Content or Rewards that promote any form of violence
    9. Firearms and ammunition: Any forms of firearms, ammunition, or gunpowder, or any other forms of weapons and related items that are regulated by government agencies.
    10. Human or Animal Remains
    11. Live Animals: Project Owners may not offer any live animal as a reward.
    12. Air Transportation: Projects to raise funds for aircraft or any similar endeavor that is regulated by the government will be reviewed for approval on a case-by-case basis.
    13. Political Campaigns: Fundraising for political campaigns, candidates, or political action committees (PACs).
    14. Pharmaceuticals, Medication, and Dietary Supplements: any drugs and medication including herbal and dietary supplements, any item claiming to cure, treat, or prevent an illness or serious medical condition (defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider), any Class III medical devices as defined by the FDA, any products making false or misleading health claims, or being touted as miracle cures, any products with names that are confusingly similar to an approved or unapproved pharmaceutical or supplement or controlled substance.
    15. Energy food or drinks
    16. Genetically modified organism (GMO) as a reward.
    17. Reselling: Products created by others, or acting as a reseller of others’ products without adding anything new to the product itself. Merchandise that has been purchased by the Founder but that has been designed or altered in a significant way may be an acceptable form of Project Reward with Our approval on a case-by-case basis.
  6. Any decision that We make regarding prohibited content and Rewards, or any other policy compliance decision, is final.
  7. Termination of Your account. You may request to terminate Your account by contacting Us at https://TFEmpires.com/contact/. Submitting a request to terminate Your account will not automatically delete User Content. For legal purposes or as necessary for Our legitimate business purposes, We may need to retain certain information. These Terms of Use, including, but not limited to, our rights to User Content, survive termination of an account.
  8. Age and Residency. Users must be 18 years or older and must be a resident of the United States and its territories in order to create an account on Our Site and make use of Our Platform Services. Any minor between the ages of 13 and 18 who wishes to use Our Platform Services may do so only through an account that is owned by a parent or legal guardian in which the parent or guardian has provided his/her written consent, and only under that parent or guardian’s direct supervision. All account activity that is conducted by a minor is the responsibility of the parent or legal guardian under whose account the minor is accessing and using Our Platform Services.
  9. Compliance with the Law and Our Policies. Users may not:
    1. Take or allow any action that infringes or violates the rights of others;
    2. Violate the law;
    3. Breach any contract or legal duty the User may have toward anyone;
    4. Offer any products for sale, services for hire, or run any Project or offer Project Rewards that are illegal, violate any of Our policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation, including, but not limited to, any intellectual property laws and regulations.
  10. You are responsible for continuously monitoring Our Terms of Use as these may be updated from time-to-time at Our sole discretion. Your use of the Site or Platform Services after any update to any of our Terms constitutes Your acceptance of those Terms as updated.
  11. False or Misleading Information. You agree to not post information that You know or suspect to be false, misleading, inaccurate, deceptive, or fraudulent.
  12. Rights of Others. You agree to not:
    1. Threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy;
    2. Distribute software viruses, trojan horses, malware, ransomware, or any other types of malicious programs or software designed to interfere with, disrupt, steal, scrape, or infect the proper functioning of any software, hardware, or equipment on the Site or the use of the Site by any User.
    3. Distribute any unsolicited or unauthorized advertising or promotional material or communications (i.e., junk mail, spam, or chain letters). You also agree not to run mail lists, listservs, or any kind of autoresponder or spam on or through the Site.
  13. Activities Affecting the Functioning of Our Site. You agree to not:
    1. Attempt to bypass any of the systems or steps that We have implemented in order to secure Our Site or Platform Services;
    2. Take any direct or indirect actions in order to gain unauthorized access to any part of Our system, data, passwords, or any other information or Platform Services of Us or any User on Our Site;
    3. Reverse engineer, design, or take apart any element of Our Site or Platform Services in order to access any underlying information;
    4. Use any kind of software to systematically browse Our Site for the purposes of indexing the contents of Our Site.
  14. Fees.

    1. There is no fee for accessing our Site or Platform Services or for creating a User account on Our Site.

    2. Users who open a Merchant account to sell or rent their Products or a GMG Professional account to offer their Professional Services for hire will be charged a monthly subscription fee in order to have access and the right to sell or rent their products or services on the Site or through the Platform Services (the “Subscription Fee”)(https://luxauro.com/merchant-account-subscriptions/).

    3. Founders whose Crowdfunding Projects reach their funding goals are charged a Referral Fee of 4% of the total Contributions they actually raise, not pledged (the “Referral Fee”).

    4. A flat Platform Commission Fee of 7% will be applied to all transactions conducted through the Site or Platform Services, regardless of transaction type. This includes, but is not limited to, sales or rentals of Products by Merchants and Professional Services offered by GMG Professionals. This Platform Commission Fee is assessed on the gross transaction amount, before any applicable payment processor fees or transfer fees. Gross transaction amount includes the total amount paid by the buyer, including shipping and handling, but excludes applicable taxes and tips unless stated otherwise. The Platform Commission Fee is separate from and in addition to any Subscription Fee, Referral Fee, or third-party processing or transfer fees that may apply

    5. In addition, Merchants, GMG Professionals, and Founders may be charged an additional transaction fee by Our third-party payment processor.

    6. Transfer fees, or bank delivery fees, may also be applied each time any funds are sent to a User’s bank account.

    7. You, as Merchant, GMG Professional, Founder, or User, are solely responsible for, and We will not be held liable for, any and all Fees, including, but not limited to, transfer fees and bank delivery fees that are assessed to Your account. Any and all Fees will be effective on the date that they are posted to Your User Account. The Fees may be updated from time to time. Fees will be charged at the then-current rate.

    8. Any outstanding balance (e.g., Subscription Fee, assessed Fees, or charges) that remains unpaid after a thirty-day (30) grace period will be charged a monthly late fee of 3% of the outstanding balance, not to exceed an aggregate maximum of 18% annually or the maximum rate permitted by law, whichever is lower.

    9. All fees paid are non-refundable, unless otherwise required by applicable law.

  15. Waiver. To the fullest extent permitted by law, You waive any and all claims related to, and acknowledge and agree that the Tribrid, including any of the Tribrid’s parents, subsidiaries, DBAs, affiliates, agents, representatives, consultants, employees, officers, and directors, is not responsible for, (a) any statements, guarantees, representations, or warranties made by You or any third party through the Site or Platform Services, including, but not limited to, those in regards to any Project, Project Reward, User Content, product, service, or expected transactions, and including merchantability, fitness for any particular purposes or any other express or implied warranties; (b) implied warranties based on the transaction process, the performance of the contract, trading practices or course of dealing; or (c) any duties, responsibilities, rights, claims or tort reliefs, whether or not they are due to the Company’s or any of its affiliates’ negligence.
  16. TF Empires, together with its parents, subsidiaries, DBAs, affiliates, agents, representatives, consultants, employees, officers, and directors, reserve all rights (but is under no obligation) to remove or edit User Content, terminate, suspend, or take any other action related to Your account that we deem necessary. If your account has been terminated or suspended, You may not access Our Site or Platform Services.

6. Project Founder Obligations

Upon creating a Project on the Site and requesting Contributions, You fully understand and agree that You are creating separate legal agreements with TF Empires, a DBA of Goldevine, LLC, and with Your Contributors, and You agree to the following rules in addition to all other Terms and Policies of Our Site:

  1. Rewards Fulfillment. To make good faith efforts to fulfill the Rewards associated with Your Project in the time frame You have specified to Your Contributors and to prioritize fulfillment of said Rewards.
  2. Responsiveness. To respond as quickly as possible and honestly to all questions that are posted in comments, messages, or updates including, but not limited to, any questions or requests that We make in order to verify Your ability to fulfill Your commitments. If We do not receive a response from You or if a dispute arises between You and Your Backers, We may, at our sole discretion, provide Your name, legal mailing address, and/or email address to Your Contributors, or in any cases where the law requires it, to the appropriate legal authorities.
  3. Updates. To provide meaningful and quality updates at least once per month to all of Your Contributors, and to immediately notify Your Contributors should any difficulties or delays arise at any point during or after Your Project process.
  4. Refunds. To issue refunds to any and all Contributors from whom You have received Project Contributions if You are unable to fulfill any or all Project Rewards.
  5. Defective Products. You are solely responsible for any non-performance, non-delivery, misdelivery, theft, loss, breakages, or other mistake or act in connection with the pre-sale, fulfillment, and delivery of Your Project Deliverable(s) and Reward(s).
  6. Compliance with All Laws and Regulations. To comply with all applicable laws, rules, regulations, ordinances, orders, licenses, permits, judgments, decisions, and other requirements, of any governmental authority, whether domestic, international, federal, state, local or provincial, and whether in effect now or in the future and as may be amended from time to time (“Applicable Laws”) in regards to any and all statements concerning, but not limited to, Your Project, Rewards, the use of Contributions, and fulfillment of Rewards.
  7. Transparency. To be ready, willing, and able to affirm and guarantee any and all of the features and capabilities of and claims that You make regarding, without limitation, Your Project, Your Project Deliverable(s), the stage of Your Project’s product(s) development, and the timelines for Your Project delivery with verifiable evidence if requested. If You are unable to substantiate Your claims, We may remove Your Project, terminate Your account, cancel Your Project Contributions, provide Your name, mailing and/or email address, or take other necessary actions provided by law in order to enforce Our rights under this Agreement and any and all applicable laws.
  8. Privacy. To protect the privacy of all Users and Contributors on Our Site and who use Our Platform Services, including, but not limited to, personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to You purely for the purposes of fulfilling Your applicable Project Rewards and any other relevant services. Any and all User information that You may receive may not be used or disclosed for any other purposes, including, but not limited to, cross-promotional marketing of any other products including any other products of Your own, without separate, verifiable consent from each User which must be obtained independently from Us or the Service. You are expected to maintain and You will be required to produce any and all records of verifiable consent upon request.
  9. Data and Security. To establish and maintain the following data and security measures:
    1. Determine the required legal basis for Your collecting and/or processing of personal information;
    2. Manage and report any and all security issues;
    3. Conduct and manage any and all transfers of data of any kind;
    4. Contract only with data processors that employ adequate security standards for personal data and that include appropriate contractual language;
    5. Maintain Your own records of data processing activities;
    6. Comply with the Federal Gramm-Leach-Bliley Privacy Act, and any other applicable Federal, state, and local privacy laws;
    7. Conduct any required data protection impact assessments.
  10. Taxes. Rewards and Contributions may be determined to be taxable income to the Contributor, the Founder, and any beneficiary who may be, directly or indirectly, the recipient of Project funds from said Project. We may request Founder’s and/or any beneficiaries’ tax identification number (TIN) so that, if required, We may report taxable income to the relevant taxing authorities, and provide Founders with an applicable tax document if required by the relevant taxing authorities. You, as Founder, are solely responsible for the collection and remittance of any and all applicable sales taxes required by the laws of Your home state from Your transactions on the Site and through the Platform Services. The Tribrid is neither a law firm nor an accounting firm and thus is unable to provide any User or third party with legal or tax advice. No information on Our Site or through the Platform Services constitutes legal or tax advice, and it is solely Your and any third party’s responsibility to consult with legal counsel and/or tax advisors of Your choice to understand and adhere to all applicable laws, including tax laws and responsibilities. Additionally, sales and shipments of Project Deliverables or Rewards to Contributors may impose sales and use taxes on Founders and Contributors. The Tribrid is not liable for Your legal or tax responsibilities.
  11. Requests for Information. You agree to respond to any and all requests from Us for information about Your Project. We do not and will not guarantee any Project or any Contributions made to any Project, even if the Project has been completed and the fundraising goal has been reached, nor will We assume any duty to investigate or moderate any statements made by a Founder. We may, but are not required to, request information from any Founder in order to investigate any potential breaches of this Agreement. The information that We may request may include, but is not limited to, evidence of any or all of the following:
    1. Source documentation to substantiate product claims and Project statements and promises;
    2. Founder’s actions to deliver promised products;
    3. Production and shipping timelines and information;
    4. Product prototypes, if any; and
    5. The personal identification information of Founders, vendors, and suppliers.
  12. You agree to Our employing the services of any third party to assess these evidences and Your Project. You agree to provide this evidence to Us and any such third party upon request. Failure to provide any of the requested evidence within 14 days or the time set forth in the request shall be deemed a material breach of this Agreement.
  13. Background Check. In addition to all Founder Obligations, as a security measure for any User wishing to become a Founder, we may request from you, now or in the future:
    1. A signed Consent to Background Check form (you will receive a separate email from Documenso; you may need to check your spam folder), and submit the background check form and pass the background check before a Founder account can be approved or maintained if already approved. This consent allows us to conduct a background check if deemed necessary as part of our commitment to platform safety and integrity. Your consent helps ensure a smooth onboarding process and aligns with our policies for all Users.
    2. Further documentation, depending on Your Project and our sole discretion.
  14. By applying to be a Founder on the TorqueForm Tribrid, and in accordance with these TF Empires Terms of Use, You also agree to read and adhere to Our Unified Code of Ethics.
  15. Payment of Contributions. You, as Founder, acknowledge and agree that You are not guaranteed to receive Contributions made to a Project, even after the Project has ended and the fundraising goal has been reached. Delays may occur between the end of a Project and the remittance of Contributions to a Founder for several reasons including, but not limited to:
    1. Refunds;
    2. Chargeback disputes;
    3. Fraud;
    4. Violation of these Terms or other policies; or
    5. Any other situation giving rise to such delay.
    6. Additionally, Project Contributions may be withheld pending the receipt and evaluation of information requested through paragraph 6.11 above or pending any investigation into Your account or practices that may be undertaken by Us or any legal authority. If You do not provide information within the requested time or are unable to substantiate claims made in Your Project, We may terminate Your Project and Your account and apply any remedies available to Us under these Terms or applicable law. We may also seek reimbursement from a Founder by any and all means under the law, including, but not limited to, using third-party collection services, for all costs, expenses, and losses, including reasonable attorneys’ fees, incurred or suffered by Us by reason of Your breach of these Terms or any of the policies governing Your use of Our Site and Platform Services.
  16. Returns, Refunds, and Cancellations Policy. You as a Founder must establish and clearly post Your own return, refund, and cancellation policy for Your Project and Rewards. All Contributions toward a Project are made directly to You, the Founder, upon successful completion of a Project. We have no obligation to provide any refunds, process any return or cancellation requests, or to become involved in any dispute between any Users, whether or not either User is a Merchant, GMG Pro, Founder, Contributor, or a customer. In the event that a Project has ended and Contributions have been paid to You, the Founder, any and all return, refund, or cancellation request from a Contributor will be directed to You, the Founder, and handled in accordance with Your established return, refund, and cancellation policy. We are not responsible for any return, refund, or cancellation request and all Contributors will be directed to work directly with You, the Founder, to resolve any return, refund, or cancellation request and the method of return, refund, or cancellation. We reserve the right to terminate Your User Account and remove any Project or Reward for any violation of this policy.
  17. Legal Responsibility. You, as Founder, acknowledge and agree that You are the sole party responsible for fulfilling any and all obligations of Your Project and delivering Rewards, and failure to so fulfill those obligations, or any of Your other legal obligations, may subject You to legal action by Contributors and Us, including, but not limited to, providing Your legal name, mailing address, and contact information to Contributors seeking legal action.

7. Contributing to a Project

When contributing to a Project, You, as a Contributor, acknowledge and agree to the following Terms, in addition to all other Terms and Policies:

  1. Voluntary Contributions. All Contributions are made voluntarily by You and at Your sole discretion and risk as the Contributor.
  2. No Guarantee of Success. You, as Contributor or as Founder, acknowledge and agree that We do not guarantee the success of any Project or that Rewards will be delivered or deemed satisfactory. By contributing to a Project, You, as Contributor, acknowledge and agree to accept:
    1. All inherent risk(s), whether or not they are stated in the details of a Project;
    2. That the Project may experience changes, delays, and unforeseen challenges; or
    3. That a Project, and/or its Rewards, might fail completely.
  3. We make no guarantees or representations that:
    1. Contributions will be used by Founders as promised;
    2. A Founder will fulfill and/or deliver any or all Rewards;
    3. A Founder will deliver any or all Rewards by a certain date; or
    4. A Project will succeed.
  4. We accept no duty or responsibility to investigate any claim that is made by any Founder, and We do not endorse, guarantee, make representations, or provide warranties in regards to the quality, safety, morality, or legality of any Project, Reward, Contribution, or the truth or accuracy of any User Content posted on the Platform Services.
  5. Transfer of Title. Any transfer of title to tangible real or personal property as part of a Project is the sole responsibility of the Founder, and You, as Contributor or Founder, acknowledge and agree that We have no responsibility or liability for the transfer of such title, or for the failure of the purported transfer of title to be legally sufficient and binding.
  6. Refunds. You, as a Contributor, acknowledge and agree that We have no responsibility or liability to refund Your Contribution and any such refund is the sole responsibility of the Founder. We have no obligation to participate or become involved in any dispute between You, as Contributor, and Founder concerning any refund.
  7. Credit/Debit Card Charges. When You make a Contribution to a Project, Your credit or debit card will be charged the amount of the Contribution upon successful completion of the Project and after You confirm and submit Your payment information to our payment processor.
  8. Additional Contributor Information. Once You have contributed to a Project, the Founder may need to contact You to obtain additional information such as Your shipping address, Your specific preferences for a Reward, or Your feedback on the Project or a Reward. For some Projects or Rewards, it may be necessary for You to provide additional information within a specific time or by a certain date. You acknowledge and agree that failure to provide the requested information or to provide the requested information within the required time period may result in Your forfeiting the Reward. You acknowledge and agree that We have no liability for any such forfeiture.
  9. Privacy. You, as Contributor, and the Founder, are responsible for establishing and maintaining the security of Your personal identifiable information, and You, and the Founder, acknowledge and agree that We have no liability for any breach of PII that was solely within Your control, and You and the Founder agree to indemnify and hold Us harmless from all liability for any such breach. No Founder should request any information from You that is unnecessary in the fulfillment of a Reward including any PII such as Your Social Security Number or credit card/banking information. If You receive a request for personal information that appears to be unreasonable, please contact us at support@TFEmpires.com.
  10. Tax Responsibilities. You, as Contributor, are solely responsible for how You will handle Your Contribution(s) and Your receipt of any Rewards for tax purposes. We take no responsibility for how You, as Contributor, handle Your Contribution(s) or for any financial consequences that may arise from such treatment of Contribution(s). The Tribrid is neither a law firm nor an accounting firm and thus is unable to provide any User or third party with legal or tax advice. No information on Our Site or through the Platform Services constitutes legal or tax advice, and it is solely Your and any third party’s responsibility to consult with legal counsel and/or tax advisors of Your choice to understand and adhere to all applicable laws, including tax laws and responsibilities. Additionally, sales and shipments of Project Deliverables or Rewards to Contributors may impose sales and use taxes on Founders and Contributors. The Tribrid is not liable for Your legal or tax responsibilities.

8. Our Role

  1. No Endorsement of User Content. We provide the platform for the creation of Projects and interaction of Users. We do not support and we make no endorsements, representations, warranties, or guarantees regarding the truthfulness, accuracy, reliability, validity, quality, safety, morality, or legality of any Project or User Content on Our Site. We do not investigate or guarantee the truthfulness of any claims made by Users. You, the User, acknowledge and agree that You are solely responsible for evaluating the truthfulness of a Founder’s statements before choosing to interact with or transact business with anyone on the Site or through the Platform Services.
  2. Removal, Cancellation, and Termination. In Our sole discretion, We reserve the right, without limitation, to remove any User Content, cancel a Project, or terminate an account that violates Our Terms of Use or any other Policy or Service. We may take whatever time and means are necessary in order to investigate whether any such actions are warranted. It is Our sole discretion whether we will discuss the reasons for taking any such action against any User Content, product, Professional Service, Project, or account.
  3. Request for Information Before Disbursement of Funds. We may, but are not required to, request information from You in regards to Your Project. See paragraph 6.11 above for more information.
  4. No Guarantee of Rewards or Refunds. Founders are solely responsible for the delivery of Rewards and for the offering of any refunds. See Section 6 and subparagraphs thereunder for the complete terms.
  5. Taxes. Contributors and Founders bear sole responsibility for determining how the applicable Federal, state, and local tax laws apply to running or contributing to a crowdfunding Project, providing and obtaining any Rewards, or utilizing any of the Platform Services.
  6. Legal Disputes. You, as Founder, Contributor, or User, acknowledge and agree that We will not be a party in any legal disputes between Founders, Contributors, or Users of this Site and its Platform Services. We have no liability or obligation to investigate, participate, or become involved in any dispute between or among Founders, Contributors, and Users of this Site and its Platform Services.
  7. Our Assistance. You, as Founder, are solely responsible for all aspects of Your Project(s), Rewards, and User Content. We may, but are under no obligation to, offer additional services, including assistance with drafting Project Content, designing Projects, and referring vendors and other service providers to Founders. Any such services will be subject to a separate agreement between You and Us. Our providing assistance to You shall not relieve You of any of the responsibilities for Your Projects, and You must comply with all of Your obligations under these Terms, Policies, and Platform Services as the sole responsible party for Your Project.

9. Our Intellectual Property

  1. Our Intellectual Property. All content that is made available in or through the Platform Services including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software, services, Content, and Marks, is the property of the Tribrid or its content supplier(s) and is legally protected in a number of ways, including, but not limited to, copyright, trademark, trade dress, service marks, publicity, patent, trade secrets, and/or other U.S. and international intellectual-property laws. You acknowledge and agree to respect all copyright and other legal notices, information, and restrictions, whether express or implied, contained in any of Our Content, Platform Services, or Marks accessed through the Site or the Platform Services. You agree not to change, translate, or otherwise create derivative works of the Site or the Platform Services.
  2. Limited User Rights. We grant You a limited, temporary, non-exclusive, non-sublicensable, and non-transferrable license to access and use User Content and Our Content solely for use of the Platform Services in accordance with these Terms, Policies, and Platform Services. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works, license, or otherwise transfer or use any User Content or Our Content unless We give You express written permission to do so. You also may not share, sell, or otherwise profit, directly or indirectly, from any other User’s non-publicly available User Content. We reserve the right to revoke this limited license to access and use User Content and Our Content at any time and in Our sole discretion.
  3. Trademarks. In addition to the above, graphics, logos, page headers, page footers, button icons, scripts, and service names that are included in or made available through any of the Platform Services are trademarks, trade dress, or service marks of the Tribrid. These trademarks, trade dress, and service marks may not be used in connection with any product, service, or in any manner that may disparage or discredit the Tribrid. All other Marks that are not owned by the Tribrid that appear among any of the Platform Services are the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by the Tribrid.

10. Your Intellectual Property

Your User Content is and remains Your property, however, when You submit Your User Content to the Site or via the Platform Services, You agree to the following terms:

  1. Grant of License. You grant to Us, and others acting on Our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully sublicensable, transferable right and license for the duration of Your original and derivative intellectual property rights to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display, exercise, commercialize, exploit the copyright, publicity, trademark, patent, database rights, and any and all of Your Intellectual Property Rights for the Platform Services or other products or services, and to sublicense the foregoing rights to Our affiliates and operators of the Company; provided, however, that We will not alter any of Your trademarks from the form provided by You (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with Your removal requests as to specific uses of Your content (provided You are unable to do so using standard functionality made available to You via the applicable Site or Platform Services); provided further, however, that nothing in this Agreement will prevent or impair Our right to use Your content without Your consent to the extent that such use is allowable without a license from You or Your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party). You further grant to Us, and others acting on Our behalf, the right to make any and all changes, edits, modifications, translations, formatting, or deletions in regards to Your User Content that we deem necessary at Our sole discretion.
  2. Licensed Content. You acknowledge and agree that:
    1. You either own all intellectual property rights or have a legal license, right, consent, and permission to the intellectual property of all User Content that You submit to Our Site and Platform Services
    2. You have the legal authority to grant Us a license, and do hereby grant Us such license, to post such User Content on Our Site.
    3. Your User Content does not contain any third-party intellectual property material, or material that is subject to other third-party proprietary rights, unless You have the legal authority in writing to grant Us a license, and do hereby grant Us such license, to post such third-party material on Our Site. In the event that Your User Content does contain any licensed third-party material for which you have been granted such a license, you must provide Us with proof of said license before we will allow Your User Content to be posted to Our Site or Platform Services.
  3. Royalties and License Fees. You agree to pay and keep current any and all royalties and licensing fees that may be due on your User Content and Your use of that Content on Our Site.
  4. Non-Violation of Rights; Submission Responsibility. You acknowledge, represent, and warrant that if We or Our Users make use of Your submission in the permitted ways described in these Terms and Policies, that this will not infringe or violate the rights of any third party, including, but not limited to, any privacy, publicity, copyrights, contractual, any other intellectual property or proprietary rights, or otherwise violate these Terms or applicable law. All User Content submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person by whom that Content is submitted.
  5. Content Errors. We are not liable for any errors in Your User Content.
  6. User Content Monitoring. We reserve the right but not the obligation to monitor, edit, and/or remove any User Content or activity.
  7. No Liability. We take no responsibility and assume no liability for any User Content posted by You or any third party.
  8. Indemnification. You agree to indemnify and hold Us harmless from all costs, fees, expenses, and other amounts, including, but not limited to, all attorneys’ fees and court costs, by reason of Your violation of any of the provisions in this Section 9 and its subsections.

11. Restricted Activities

  1. In connection with using or accessing our Platform Services You agree to comply with these Terms, and all applicable laws, rules, and regulations, and You will NOT:
    1. Breach or circumvent any laws, regulations, third-party rights or Our systems, Platform Services, policies, or determinations of your account status;
    2. Use our Platform Services if You are temporarily or indefinitely suspended from using our Platform Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
    3. Fail to deliver any Project Deliverable(s) or Reward(s) for any crowdfunding Project that has successfully reached its funding goal. If at any point during the Project campaign phase, or after successfully reaching Your Project funding goal, You become aware that You are unable to complete or fulfill any part of Your Project Deliverables or Rewards for any reason, You must:
      1. Immediately communicate this inability with adequate detail to Us and Your Contributors;
      2. Furnish Us and Your Contributors with adequate evidences of Your inability to complete or fulfill any part(s) of Your Project, including, but not limited to, Project Deliverables and Rewards;
      3. Immediately refund all Contributors’ funds You have received, if any, for whose Deliverables and/or Rewards You are unable to fulfill; and
      4. Immediately answer any and all question(s) from Us or Your Contributors about any issue(s) in relation to Your inability to complete or fulfill any part(s) of Your Project;
    4. Take any action that may undermine the feedback or ratings systems;
    5. Transfer Your User Account (including feedback) and User ID to another party without Our consent or share Your login credentials with any third parties (except Our representatives);
    6. Harvest or otherwise collect or use information about Users without their consent;
    7. Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access Our Platform Services for any purpose, except with the prior express permission of the Company;
    8. Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
    9. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
    10. Infringe through any actions including, but not limited to, reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to the Company or someone else;
    11. Infringe any Intellectual Property Rights that belong to the Company or to third parties affected by Your use of Our Platform Services or post content that does not belong to You;
    12. Distribute viruses or any other technologies that may or are intended to harm the Company or the interests or property of Users;
    13. Create listings, post, or upload content in inappropriate categories or areas on Our sites;
    14. Export or re-export any Company application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
    15. Circumvent any technical measures used to provide our Platform Services;
    16. Interfere with the functioning of Our Platform Services, such as by imposing an unreasonable or disproportionately large load on Our infrastructure; or
    17. Commercialize any Company application or any information, data or software associated with such application, except with the prior express permission of the Company.

12. Holds and Restricted Funds

  1. We reserve the right to manage the risks associated with selling through the Site and Platform Services, and We may place restrictions on Your access to Your funds if and when We deem necessary, as described in further detail below.
  2. You agree that We may place holds on Your funds or instruct a payment service provider to hold Your funds, prior to disbursement. We will notify You by email and, depending on the reason, may request additional information from You to help resolve the issue. A hold may be placed if We have reason to believe there is an increased risk associated with the provision of our disbursing funds to You or with respect to certain transactions; for example, if We cannot verify Your identity or if a Contributor of Your Project files a dispute.
  3. We take into consideration relevant factors when assessing the risks, including Founder and Project history, if any, Founder performance, returns and cancellations, chargebacks, the riskiness of the Project category, transaction value, and the ability to make direct debits from Your bank account. We also may cancel or freeze the settlement of Your proceeds as necessary to comply with Our legal obligations in connection with fraud prevention, risk management, or regulatory compliance. Any hold placed on Your funds will be lifted when the issue is resolved.
  4. Your bank’s holds and settlement procedures may at times cause delays in the settlement of funds to your bank or financial account linked to your User Account and we do not have control over these delays.

13. Reporting Copyright and Other Intellectual Property Violations

  1. DMCA Compliance. We comply with intellectual property laws and industry best practices in order to maintain the integrity of Our Site and Platform Services. The Digital Millennium Copyright Act (“DMCA”) determines the procedure for reporting notices of alleged copyright infringement.
  2. Infringement Notifications. In accordance with the DMCA and Our Copyright Policy, We will respond to notices of alleged infringement.
  3. Account Actions. We reserve the right, in our sole discretion, to delete or disable User Content that has been alleged to be infringing, as well as to terminate User accounts that are associated with infringement activities.
  4. Copyright Policy. For further details, or to submit a claim of copyright infringement, please see Our Copyright Policies available at https://Luxauro.com/copyright-dmca-policy/ and https://TFEmpires.com/copyright-dmca-policy/. We will only respond to notices of alleged infringement that are submitted in compliance with Our Copyright Policy.

14. Notice

The Company may give notice by means of a general notice on the Website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to the Company by written communication to the Company’s address at TF Empires, P.O. Box 904, Condon, MT 59826.

15. Our Rights Concerning User Accounts; Termination

  1. Account Monitoring. We reserve the right to monitor, terminate, suspend, or delete any User Account at any time in Our sole discretion. We are under no obligation to comment on any reasons for monitoring, terminating, suspending, or deleting an account.
  2. No Liability. We have no liability to You or any third party for any use of the Platform Services associated with Your account. In the event that Your account is suspended or terminated, You must immediately cease all use of the Platform Services and User Content. Your representations and warranties shall survive termination.
  3. Remedies. We reserve the right, in Our sole discretion, to remove, delete, suspend, or terminate, without limitation, any Project, Reward, User Content, or User Account if it does not comply with these Terms. In the event of termination, We may exercise any of the remedies provided for in these Terms and any remedies available to enforce Our rights under applicable law.

16. Payment Services

Credit/Debit card payment processing services for Our Site and Platform Services are provided by Stripe, Inc. (“Stripe”). These services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). As a User of the Tribrid, You acknowledge and agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition to Our enabling credit card payment processing services through Stripe, You hereby agree to provide Us with accurate and complete information about Yourself and Your business, and You authorize Us to share any such information with Stripe, as well as transaction information related to Your use of the Stripe payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to Our Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.

17. System Outages and Maintenance

Our Site and/or Our Platform Services may be unavailable for scheduled maintenance and other reasons, which include unplanned outages and other potential malfunctions. We are not responsible if the Site or Platform Services become unavailable, or if You lose any data, information, or User Content for any reason.

18. Unsolicited Idea Submissions

We welcome Submissions from Our Users, however, Your Submissions may be similar or identical to internal Submissions or Submissions that We may receive from other Users or third parties sent to Us via the Site or in any other manner about an idea, product, concept, service, suggested change, addition, improvement, or feature on Our Site (“Unsolicited Idea Submission”). If You send Us an unsolicited Submission, You agree as follows:

  1. All Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as such.
  2. By submitting an Unsolicited Idea Submission to Us, You hereby grant Us, without limitation, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of, and display the Unsolicited Idea Submission in connection with the Site or Platform Services, and for promoting and redistributing any part or all of the Unsolicited Idea Submission (and any derivative works thereof) in any media formats and through any media channels of Our choosing whether now known or hereafter developed, without payment or accounting for the Unsolicited Idea Submission; and
  3. We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission.

19. Indemnity

As a User of Our Site and Platform Services, You agree to defend, indemnify, and hold harmless Us, Our parents, subsidiaries, DBAs, and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third-party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to: 1) Your use or misuse of the Site or Platform Services; 2) Your breach of these Terms; 3) Your violation of any applicable laws; or 4) any intentional, negligent, illegal, or otherwise wrongful actions, errors, or omissions by any User, Merchant, Professional service provider, or Founder from whom You purchase, rent, or obtain any product, service, reward, or project deliverable through the Site or Platform Services, including, but not limited to, claims of negligence, mistake, malpractice, or any other form of liability including, but not limited to, injuries, damages, or losses arising from the use, rental, or consumption of Products or Professional Services offered through the Platform Services. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which You have agreed to indemnify Us, and You agree to assist and cooperate with Us as reasonably required in the defense or settlement of any such matters.

20. Warranty Waiver

THE TRIBRID HAS NO FIDUCIARY DUTY TO ANY USER. THE PLATFORM SERVICES, TRIBRID CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SITE OR PLATFORM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE TRIBRID AND ITS PARENTS, SUBSIDIARIES, ASSUMED BUSINESS NAMES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE TRIBRID AND ITS PARENTS, SUBSIDIARIES, ASSUMED BUSINESS NAMES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SITE OR THAT YOUR USE OF THE PLATFORM SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM SERVICES OR THE SERVER(S) ON WHICH THE PLATFORM SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF THE TRIBRID OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER EXPRESS OR IMPLIED, WHETHER MADE THROUGH THE USE OF THE PLATFORM SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE PLATFORM SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

21. Liability Disclaimer

  1. Risk of Use. We do not support and we make no endorsements, representations, warranties, or guarantees regarding, without limitation, the truthfulness, accuracy, reliability, validity, quality, safety, morality, or legality of any profile, Project, Reward, the fulfillment or the performance of any Reward, Contribution, that Contributions will be used as described in the Project, or User Content posted on the Site or Platform Services. We do not control or endorse any User Content that is posted on the Site or in any of the Platform Services. We are not liable for any damages or losses related to Your use or misuse of the Site or Platform Services. We will not become involved in any dispute between Users, Founders, Contributors, or between Users and any third party relating to the use of the Site or Platform Services.
  2. Release of Claims. By using Our Site and/or Platform Services, You release Us from all claims, damages, and demands of every kind – known and unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or related to the Site and Platform Services. All User Content that You access or use through the Site or Platform Services is entirely at Your own risk. You are solely responsible for any resulting damage or loss to any party.
  3. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND PLATFORM SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH USERS, FOUNDERS, CONTRIBUTORS, OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER THE TRIBRID, OUR SUBSIDIARIES AND AFFILIATED COMPANIES, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS, REPRESENTATIVES, AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR PLATFORM SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TRIBRID HAS 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) FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SITE OR PLATFORM SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS, MERCHANTS, PROFESSIONALS, FOUNDERS, CONTRIBUTORS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND PLATFORM SERVICES; OR (G) YOUR USER CONTENT, YOUR PRODUCTS, YOUR PROFESSIONAL SERVICES, YOUR PROJECTS OR CONTRIBUTIONS.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE TRIBRID AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR PLATFORM SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE TRIBRID BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.

 

SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

22. Export Compliance

  1. You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations, including:
    1. The Export Administration Regulations;
    2. The International Traffic in Arms Regulations (ITAR); and
    3. Country-specific economic sanctions programs implemented by the Office of Foreign Assets Control (OFAC).
  2. You will not use any of the Tribrid’s Site or Platform Services if You are a Specially Designated National (SDN), a member of a sanctioned country according to the OFAC, or the subject of U.S. sanctions or of sanctions consistent with U.S. laws imposed by the governments of the country in which you are using Our Site or Platform Services.
  3. For clarity, You are solely responsible for compliance related to the manner in which You use any third-party products or services funded through the website. Further, pursuant to 15 C.F.R. §758.6(a)(1), You are hereby advised that for any items that are physically shipped to You, the items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. You may not resell, transfer, or otherwise dispose of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government, or as otherwise authorized by U.S. law and regulations.
  4. You agree to indemnify the Tribrid, its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors for any penalties, fines, attorneys’ fees and other amounts that may be incurred by Us that arise out of or are related to Your failure to comply with this Section.

23. Waiver and Release (for CA Residents)

California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

24. Arbitration, Dispute Resolution, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. You and We acknowledge and agree that this arbitration undertaking is made pursuant to or in connection with a transaction involving interstate commerce and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act (9 U.S.C. Section 1, et seq.), and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this arbitration agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Montana. This Section is intended to be interpreted broadly and governs any and all disputes between You and Us, including, but not limited to, claims arising out of or relating to any aspect of the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to interactions between Merchants, Professionals, Founders, Contributors, Users, and third parties); and claims that may arise after the termination of these Terms. The only disputes excluded from this Section are the litigation of certain intellectual property and small court claims, as provided below.
  2. By agreeing to these Terms, You acknowledge and agree that You will resolve any and all disputes with Us as follows:
    1. Pre-Arbitration Dispute Resolution. For any and all disputes, claims, or controversies You may have against Us (“Disputes”), whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute informally by contacting Us through this link https://Luxauro.com/contact or https://TFEmpires.com/contact with the following information:
      1. Your name and email address;
      2. A brief written description of Your claim; and
      3. A brief description of the specific relief that You are seeking.
    2. If we do not resolve the Dispute within forty-five (45) days after receiving Your notification, then You may pursue resolution of the Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.
    3. Arbitration Procedures:
      1. If the Dispute has not been resolved and is not subject to the exclusions provided above, then either party may initiate binding arbitration as the sole means to resolve all Disputes, subject to the terms set forth below.
      2. All Disputes shall be resolved in accordance with the Rules and Procedures of the American Arbitration Association.
      3. To initiate an arbitration, You must do the following:
        1. File a Demand for Arbitration with the American Arbitration Association;
        2. Pay the administrative filing fee; and
        3. Provide a copy of the applicable arbitration agreement from the parties’ contract which provides for arbitration.
      4. Location of Arbitration: The arbitration shall be initiated in Helena, Montana Either party may ask that the arbitration including the hearings, arguments, and all conferences be conducted telephonically or by video conference.
      5. Exclusivity of Arbitration. The arbitrator(s), and not any federal, state, or local court or agency, shall possess the exclusive authority in resolving any and all disputes that may arise out of or relate to the interpretation, applicability, enforceability, or formation of these Terms, Additional Policies, or the Privacy Policy, including, but not limited to, any claim that all or any part of these Terms, Additional Policies, or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator(s) shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators’ award shall be written and shall be binding on the parties and may be entered in any court with jurisdiction.
    4. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
  3. CLASS ACTION WAIVER: The parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THIS MEANS THAT YOU AND THE TRIBRID ACKNOWLEDGE AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. HOWEVER, THE PARTIES EXPRESSLY AGREE THAT SEPARATE INDIVIDUAL ARBITRATIONS SHALL BE CONSOLIDATED, UPON REQUEST BY EITHER PARTY, IF SUCH SEPARATE INDIVIDUAL ARBITRATIONS RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S). CONSOLIDATION MEANS THAT ANY AND ALL SEPARATELY INITIATED ARBITRATIONS THAT RELATE TO OR ARISE OUT OF THE SAME OR SUBSTANTIALLY THE SAME TRANSACTION(S) OR OCCURRENCE(S) ARE ALL HEARD IN A SINGLE ARBITRATION. IF EITHER PARTY REQUESTS CONSOLIDATION OF MULTIPLE ARBITRATIONS, THEN THE PARTIES TO THE CONSOLIDATED CASE(S) WILL BE DEEMED TO HAVE WAIVED THEIR RIGHT TO DESIGNATE AN ARBITRATOR AS WELL AS ANY CONTRACTUAL PROVISION WITH RESPECT TO THE SITE OF THE ARBITRATION.
  4. THE FOLLOWING FACTORS MAY BE CONSIDERED IN REQUESTING A CONSOLIDATION OF ARBITRATIONS:
    1. The arbitrations have a common question of law or fact;
    2. The issues in the multiple arbitrations are largely identical;
    3. There are common claims, disputes, defenses, and relationships between or among the parties in the different arbitrations;
    4. One or more parties is named in multiple pending arbitrations;
    5. The arbitrations relate to the same issue on Our platform;
    6. Consolidation will save time and resources;
    7. One party will be seriously prejudiced by having multiple arbitrations heard separately.
  5. By agreeing to Our Terms, You waive Your right to a trial by jury or to participate in a class action. We also waive these rights.
  6. Exclusions from Arbitration: Notwithstanding the parties’ agreement to resolve Disputes through arbitration, either party may (1) bring enforcement actions, validity determinations or claims arising from or relating to misuse, infringement, or misappropriation of intellectual property theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights; and/or (2) seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  7. Thirty-Day (30) Right to Opt-Out: Users may choose to opt out in order to not be bound by the arbitration and class action waiver provisions that are described above by sending an email from your registered email address on the Tribrid to Us at https://Luxaruo.com/contact/ or https://TFEmpires.com/contact/ with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” Your opt-out email must contain the required language and must be sent to Us within thirty (30) days of the later of: (i) the creation of Your User account or Your first transaction on the Tribrid; or (ii) the date of Our notifying you through email of a material change to this Section. If You choose to opt out of the arbitration and class action waiver provision, You will have the ability to pursue any potential claims in a court of law and you can participate in a class action or other class proceeding. If Your email expressing Your desire to opt out is improperly filled out or is missing necessary information, then You must arbitrate. If You do choose to opt out of the arbitration and class action waiver provisions, We also will not be subject to these provisions in regards to any disputes with You.
  8. Severability: If any part of this Dispute Resolution, Arbitration and Class Action Waiver Section is deemed invalid or unenforceable, then that part will be removed from these Terms and/or will be considered changed, only to the amount required to make it compliant with the law. Any invalidity will not affect the enforceability of any of the other remaining valid and enforceable provisions of these Terms. To make the modification of this part, the part will be considered deleted, added to, and/or rewritten, and the parties’ intentions as expressed in these Terms will be preserved as much as possible.
  9. Choice of Law: The Terms and the relationship established between You and Us shall be governed in all respects by the laws of the State of Montana, without regard to any conflict of law provisions. This “Arbitration, Dispute Resolution, and Class Action Waiver” section survives any termination of Your account, these Terms, or the Platform Services.

25. Legal Disputes Not Subject to Arbitration

We are based in Montana. For any action not subject to arbitration, You and We agree to submit to the personal jurisdiction of a state court located in Helena, Montana or the United States District Court for the District of Montana. The Terms and the relationship between You and Us shall be governed in all respects by the laws of the State of Montana, without regard to its conflict of law provisions. Notwithstanding any provision of these Terms of Use to the contrary, nothing in this Agreement is intended to limit or waive any rights that you may have under local consumer protection laws, to the extent such rights cannot be waived by contract. In cases where local consumer protection laws conflict with the Terms herein, the provisions of the local consumer protection laws shall prevail to the extent of the inconsistency.

26. Force Majeure

The Company will not be held liable for any loss or damage of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Terms shall mean any cause or event that is beyond the control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer virus’ breach of security and encryption or any other cause or event that is beyond the control of the Company.

27. Full Agreement Between You and Us

These Terms constitute the entire agreement between You and The Tribrid with respect to the Site and Platform Services. These Terms supersede any and all prior or simultaneous agreement, terms, negotiations, communications, or proposals whether written, oral, electronic, or whether established by custom, practice, policy, or precedent, between the parties hereto with respect to the Site and Platform Services and govern Our relationship. Except as otherwise provided for herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties herein.

28. Miscellaneous

  1. Invalidity. If any provision of these Terms is deemed to be unenforceable or invalid by a court of competent jurisdiction, the unenforceability or invalidity of such provision shall have no affect on the enforceability or validity of the remaining provisions of this Agreement, and in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision, and the remaining provisions of these Terms shall retain their full force and effect.
  2. Non-Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
  3. No Assignment. User may not assign this Agreement without the prior written consent of the Company.
  4. Modification and Discontinuance. We may modify or discontinue the Platform Services at any time, in our sole discretion.
  5. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  6. Headings. The headings and Sections numbers are for convenience purposes only and do not affect the interpretation of the substance of the Terms.
  7. Definitions and Usage. For the purposes of these Terms of Use, all defined terms shall have the meanings set forth herein, regardless of whether they are capitalized or not. Any reference to a defined term in the singular form shall include the plural form and vice versa, unless the context clearly indicates otherwise. Variations in capitalization or number shall not affect the meaning of the defined terms.
  8. Independent Contractors. Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
  9. Non-Disparagement; Publicity. During the term of the Agreement, neither party will disparage the other party or the other party’s trademarks, websites, products or services, or display any such items in a derogatory or negative manner on any web site or in any public forum or press release. Unless otherwise stated herein, neither party shall issue a press release or otherwise advertise, make a public statement or disclose to any third party information pertaining to the relationship arising under this Agreement, the existence or terms of the Agreement, the underlying transactions between the Company and Merchant or GMG Pro, or referring to the other party in relation to the Agreement without the other party’s prior written approval.
  10. Costs. Except as expressly stated in the Agreement, each party shall be solely responsible for the costs and expenses of performing its obligations hereunder.
  11. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim that may arise out of or related to the Platform Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, some or all of the disclaimers and limitations in this section may not apply to you, because some states or jurisdictions do not allow disclaimers or limitations of liability for consequential or incidental damages.
  12. Unauthorized activity. If you notice or suspect any form of unauthorized activity or breaching of Our Terms of Use, please immediately send us a message here: https://TFEmpires.com/contact/ informing Us of the nature and details of the breach or unauthorized activity. If we contact You in regards to this breach, You agree to assist Us in Our investigation and to take reasonable steps to help resolve the situation.

29. Untreadable Crowdfunding Campaigns

By using Our Website and its Platform Services, in addition to the TF Empires’Terms of Use and any Additional Policies that may be applicable to any particular features, Content and functionality of the Platform Services (incorporated into these Terms by reference), that may be offered by Luxauro, LLC or Goldevine, LLC, Users agree to be bound by this Addendum to TF Empires’ Terms of Use: “Untreadable” Crowdfunding Campaigns. This Addendum applies to all Users, Backers, and Founders participating, or who intend to participate, in Projects categorized under the “Untreadable” label of TF Empires. By accepting this addendum, both Founders and Backers explicitly agree to the following terms that supplement the existing TF Empires Terms of Use:

 

All capitalized terms used in this Agreement that are not expressly defined herein shall have the meanings assigned to them in the TF Empires’ Terms of Use, which is incorporated by reference into this Agreement. In the event of any conflict between the definitions in this Agreement and those in the TF Empires’ Terms of Use, the definitions in this Addendum to TF Empires’ Terms of Use: “Untreadable” Crowdfunding Campaigns shall control

 

  1. Definitions
    1. Untreadable” or “Untreadable Project” refers to a specific category of crowdfunding projects within TF Empires, primarily related, but not limited to, agricultural startups. Untreadable Projects are distinguished by an extended timeline for Project preparation, development, and Reward fulfillment as detailed herein. All Projects categorized as “Untreadable” must be explicitly approved by TF Empires after a formal submission by the Founder. No Founder may claim this categorization for his/her crowdfunding project without said approval.
  1. Project Timeline and Approval
    1. Submission and Approval: Prior to initiating an Untreadable Project, the Founder must submit their Project proposal to TF Empires for review and approval. The Project may not be launched under the “Untreadable” category or marketed as such until the Founder receives written approval from TF Empires.
    2. Preparation Period: Upon approval, the Founder is granted a 1-year preparation and development period. During this period, no Rewards are expected to be delivered to Backers, as this phase is dedicated to project development including, but not limited to, tasks such as planting and growing phases, prototype development, finalizing the Project framework, acquiring necessary resources, and preparing for the implementation phase.
  1. Reward Fulfillment Timeline
    1. 4-Year Fulfillment Period: Following the 1-year preparation period, the Founder is granted a 4-year period to fulfill their Project’s Rewards to Backers. The Reward fulfillment process must begin immediately upon the conclusion of the preparation year.
    2. Quarterly Installments (Default): Unless otherwise negotiated and explicitly agreed between the Founder, the Backers, and approved by TF Empires, Reward fulfillment is to occur on a quarterly basis. This means that Backers are to receive one installment of their pledged Reward every three months over the 4-year fulfillment period, totaling 16 installments.
    3. Negotiable Terms: The quarterly fulfillment schedule may be modified if the Founder and Backers agree to an alternative schedule, provided such alternative is clearly communicated to and approved by TF Empires prior to the start of the fulfillment period.
  1. Backer Obligations and Consent
    By backing any Project categorized as “Untreadable,” Backers explicitly agree to the following:
    1. Time Commitment: Backers acknowledge and accept that they are committing to a Project with a minimum 5-year total timeline (1 year for preparation and development, and 4 years for Reward fulfillment). Backers agree to provide the Founder the full 5-year period to completely meet their obligations.
    2. Reward Delivery Expectation: Backers understand that Rewards will be fulfilled in installments, generally over a quarterly period, unless an alternative schedule has been communicated and approved in advance.
  1. Founder Obligations
    In addition to complying with all general obligations under the TF Empires Terms of Use, Founders of Untreadable Projects must adhere to the following:
    1. Adherence to Timeline: Founders must comply with the 1-year preparation period and the 4-year Reward fulfillment timeline. Any deviation from either of these timelines must first be pre-approved by TF Empires and communicated clearly to Backers.
    2. Transparency and Communication: Founders must maintain regular communication with their Backers throughout the entire 5-year Project period. Regular updates on the progress of the Project and the fulfillment of Rewards are required at least once every month.
    3. Financial Responsibility: Founders must demonstrate they have the financial and logistical capability to fulfill their Project’s Rewards as promised over the 4-year period and must be able to produce evidence of this capability upon request. Failure to do so may result, without limitation, in penalties, suspension, or cancellation of the Project at the discretion of TF Empires.
  1. Termination and Disputes
    1. Termination of Project: TF Empires reserves the right to terminate any Untreadable Project if the Founder is found to be in violation of these Terms, including, but not limited to, failure to meet the Project timeline, mismanagement of Backer funds, or non-compliance with Reward fulfillment obligations.
    2. Dispute Resolution: Any disputes arising from or in connection with this Addendum shall be handled through the dispute resolution mechanisms outlined in the TF Empires Terms of Use. TF Empires reserves the right,but not the obligation,to mediate disputes between Founders and Backers regarding Reward fulfillment and other Project obligations.
  1. Limitation of Liability
    1. Founder Liability: The Founder of an Untreadable Project solely bears the full responsibility for the fulfillment of the Project Rewards and the overall management of the Project throughout the 5-year period.
    2. TF Empires Liability: TF Empires provides the platform for crowdfunding and does not assume responsibility for any Founder’s failure to meet his/her obligations. Backers and Founders acknowledge that TF Empires is not liable,without limitation,forany of the following:delays, unfulfilled Rewards, or other damages arising from the Founder’s management or mismanagement of the Project.
  1. Miscellaneous Provisions
    1. Amendments: TF Empires reserves the right to modify or amend this Addendum at any time. Founders and Backers will be notified of any changes, and continued participation in an Untreadable Project constitutes acceptance of those changes.
    2. Governing Law: This Addendum shall be governed by and construed in accordance with the laws outlined in the TF Empires Terms of Use.

I Agree to this Addendum to TF Empires’ Terms of Use: “Untreadable” Crowdfunding Campaigns and I acknowledge that I have read and understand this Addendum, and agree to be bound by its terms.

30. Disclaimer

The information contained within Our Website is for users’ general informational purposes only. This information is provided in good faith. No representations or warranties of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness regarding any of the information contained on Our Website are made. Under no circumstances shall We have any liability to You for any loss or damage of any kind arising from the use of Our Website or reliance on any information contained on Our Website. Your use of and/or reliance on any information contained on Our Website is solely at Your own risk.

I agree to the Terms of Use available at https://Luxauro.com/terms-of–use/ and https://TFEmpires.com/terms-of-use/ and have read and understand the Privacy Policy available at https://Luxauro.com/privacy/ and https://TFEmpires.com/privacy-policy/.

 

Copyright © 2023 Luxauro, LLC. All Rights Reserved.

Copyright © 2023 Goldevine, LLC. All Rights Reserved.

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Copyright © GoldEvine, LLC | 2024 | All rights reserved.

The first Tribrid: Luxauro (multi-vendor e-commerce marketplace) + TF Empires (tailored reward-based crowdfunding) + Gold Metal Guild (capitalized professional networking), built on the TorqueForm. Patent pending.

As part of TF Empires’ mission to encourage and promote strength, integrity, and independence, we collaborate with for-profit and non-profit entities to help bring our vision to life. These for-profit and non-profit entities may provide support to TF Empires through financial means or other forms of assistance. Additionally, TF Empires may collaborate with these entities on specific projects, initiatives, or events.
It’s important to note that while TF Empires and these affiliated for-profit and non-profit entities share common ownership and similar missions and visions, they operate as separate legal entities with distinct objectives and activities. The affiliation between TF Empires and these entities does not imply endorsement or promotion of specific products or services.

TorqueForm, Co-TFPilot, Triptych Fusion, LuxXavier and -X- Skyway are trademarks of Luxauro, LLC.

Gold Metal Guild is a dba of Luxauro, LLC, and TF Empires is a dba of Goldevine, LLC. For a list of Luxauro and Goldevine DBAs and TMs, click here.

TF Empires content has been generated in part with AI. Content on the site is for reference purposes only and is not a substitute for advice from a licensed professional. We strongly advise that you independently verify all information contained herein. You should not rely solely on this content, and TF Empires and its affiliates assume no liability for inaccuracies. Any action taken or not taken based on content found here is at your own risk. If any content cites or provides a link to third-party sources or websites, TF Empires and its affiliates are not responsible for and make no representations or warranties regarding such source’s content or accuracy. Additionally, any references to third-party companies, products, or brands on the site does not imply any endorsement or affiliation with said companies, products, or brands. You are solely responsible for reading and understanding, without limitation, all projects, benefits, and claims of any Founder to whose project you may wish to contribute. Statements regarding health, diet, supplements, or any similar subject(s) have not been evaluated by the FDA or any health authority and are not intended to diagnose, treat, cure, or prevent any disease or condition. Any opinions expressed in the site content do not necessarily reflect those of TF Empires or its affiliates. If you have questions, comments, corrections, or information that you would like to submit to us, please contact us here

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This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.