Last updated: 2022-09-22

Prior updated: 2022-09-03

ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE SITE AT https://drivergoal.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT (“Agreement“).CERTAIN FEATURES OF THE SITE ARE SUBJECT TO GUIDELINES, TERMS AND RULES POSTED ON THE SITE IN CONNECTION WITH SUCH FEATURES AND ALL SUCH ADDITIONAL TERMS, GUIDELINES, AND RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with the terms of our Privacy Policy.

1. Contracting parties. The Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by Drivergoal.com, and its holder. DRIVERGOAL.COM is referred to in these terms and conditions as “we“, “us“, “US”, “our“, “site”, “web”, “webpage”, “platform”, “APP” or “DRIVERGOAL”. When you register with (or otherwise access) the Site, you are contracting with “US”. You must be at least 14 years old to register – if you are under 18 you must obtain the permission of your parent/guardian to register.

2. Manager and/or Creator and or …. If you are registering with DriverGoal as a pilot, driver, creator or artists, manager, agents,curator or group of: pilot, driver, creator or artists, manager, agents, curator you represent that you personally have the necessary rights and authority from each member to represent and legally bind all members of the band/group. If you choose to trade as a business on DriverGoal, you warrant and represent that you will comply with all applicable law relating to such form of online business trading and that you will provide any and all further information to us promptly on request for legal, tax and/or accounting purposes.

3. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via contact@drivergoal.com and we will close your account as quickly as possible. Please note that you will be responsible to DriverGoal and to others for all activity that occurs under your registration account.

4. The DriverGoal Service. DriverGoal is an online DA, FDA’s, NFT/DA/FDA’s’s marketplace that allows (“Collectors” or “Buyers”) to purchase, and pilot, driver, creator, artists, agents, curator, or current rightsholders to sell (“Sellers”), various items of (single or catalogue/album-originated) artwork, music, photo, video, posters, enterwiew, personalised messages, autographs and other media content, in each case consisting of a single image or a series of images intended as a complete and standalone creative work (“Products”) provided to us and made available for sale by the Seller in each case (collectively, the “Service”).

The original Marketplace sale of a Product via the Site is a “Primary Sale” and each subsequent sale of such Product is a “Secondary Sale”. From a Primary Sale, the Seller receives the total sale price less the Marketplace Commission/Marketplace fees and/or Agents fees/Agents Commission, from a Secondary Sale, the Seller receives the total sale price less the Agents fees/Agents Commission, MarketPlace Commision/Marketplace fees and a (minimum) ten percent (10%) “Artist Royalty”.

Please note that your use of the Site may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.

5. NFT/DA/FDA’ss. An “NFT/DA/FDA’s” is a non-fungible token (i.e. a unique item that cannot be replaced with something else, such as a one-of-a-kind trading card in the form of digital artwork with verified provenance). A DriverGoal NFT/DA/FDA’s is a token stored on a distributed blockchain (as a record of ownership) that electronically contains the purchased item of artwork and cannot be deleted. Collectors may search, browse, click on links, purchase and re-sell Products but shall acquire no intellectual property rights to any Product other than the rights listed below. Purchasing an NFT/DA/FDA’s from DriverGoal is like owning a signed physical artwork, painting or print, insofar as it can be re-sold at any time. When a DriverGoal NFT/DA/FDA’s is again transferred via a Secondary Sale, the blockchain entry that it represents is automatically transferred to that new purchaser’s blockchain address. For full enjoyment of owning a DriverGoal NFT/DA/FDA’s, a Collector must use best efforts to verify the original artist of the NFT/DA/FDA’s by way of online research and, whilst DriverGoal uses reasonable efforts to ensure all NFT/DA/FDA’ss on the Site are offered for sale by the applicable rightsholder, DriverGoal shall not be liable for any rights-related breach or imperfection.

It is very important to Do Your Own Resear (DYOR) before taking any decision based on your own personal circumstances. You should take independent advice from a professional in connection with, or independently research and verify, any information that you find on our Website and wish to rely upon, whether for the purpose of making an investment decision or otherwise.

6. Set Up and Selling NFT/DA/FDA’ss. If you sell a DriverGoal DA/FDA’s/NFT/DA/FDA’s’s via the Service then (save with the prior written consent of DriverGoal) you must not mint or make available (and must not have previously minted or made available in any way or manner) for sale that NFT/DA/FDA’s/DA/FDA’s item via any other platform. To create a DriverGoal NFT/DA/FDA’s for sale as a Product, the prospective Seller must upload the original digital art, provide all requested metadata and other information, and set the Primary Sale price. Each item of artwork received from a prospective Seller must be formatted into an NFT/DA/FDA’s by DriverGoal before it can be made available for sale, for which DriverGoal charges a nominal “Set Up Fee” (payable in pounds Sterling, US dollars, euros or acepted cryptocurrency, as posted on the Site from time to time). Please note that, whilst we try to mint and post (“Drop”) each Seller’s Product as quickly as possible, it may take up to thirty (30) days from receipt of the art files (any we make no guarantee or representation regarding any timescale). Where a Drop has been delayed due to circumstances within our control, we will endeavour to notify you of the delay and of the new Drop date. By Minting a/in DriverGoal NTF/NFT/DA/FDA’sand/or seeking to purchase a Product, you warrant that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.

7. Purchasing an NFT/DA/FDA’s. Each purchase via the Site is directly between the applicable Seller and Collector.

DriverGoal is not a party to any such transaction. Any and all licensed rights to a purchased NFT/DA/FDA’s have by default the under specified license: the worldwide, non-assignable, non-sublicensable, non-splittable and/or dividible, royalty-free right to display the NFT/DA/FDA’s (to the extent such NFT/DA/FDA’s was legally owned and properly obtained by the Collector/end user) privately or publicly for the purposes of communicating ownership, sharing, promotion or criticism, only in our platform/marketplace, but a Collector/end user may not use the underlying artwork for any other purpose. Prices for Products are set by the Seller in each case.

Therfore the applicable Seller have the rigths to add the specific license and/or features writing them in NFT/DA/FDA’s descriptions.

DriverGoal has no control over, and shall have no liability in relation to, such pricing. It is your sole responsibility to assess (and report and pay) any taxes that may apply to your use of the Site and to comply with all applicable law in relation to your purchase and/or sale of Products. By making a purchase hereunder, you represent that the acquired NFT/DA/FDA’s will be used lawfully at all times.

Contracts for purchase of an NFT/DA/FDA’s on the Site are binding and irrevocable when the purchase price has been paid. Any NFT/DA/FDA’s purchased through an auction process on the Site is subject to the RULES time to time defined by US in “OUR” sole discretion.

8.Payment and Fee. Financial Transactions on App. Any payments or financial transactions that you engage in via the App will be conducted solely through the Blockchain. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the App, or any other payment or transactions that you conduct via the Blockchain. We do not provide refunds for any purchases that you might make on or through the “APP” – whether for Collectibles, Packs, or anything else.

1. Creating, buying, selling or transferring NFT/DA/FDA’ss may be subject to fees, commissions, royalties and other charges (“Fees”) established from time to time in the sole discretion of DRIVERGOAL.COM, an NFT/DA/FDA’s/FDA’s/DA/fNFT creator for participants in the ecosystem. On the date of initial publication of these Terms and Conditions, Fees include:

   a)Necessary minting fees for minting.

   b)Transaction fees can fluctuate and they are specified by Blockchain.

   c). Marketplace fees are subject to change based on the agreement between creator, artist, collector, curator and/or anyone that DRIVERGOAL deems necessary and DRIVERGOAL.COM, specifically for special collections and auctions and could be up to 50%, in case DRIVERGOAL.COM promotes this art or it is specifically for a specific cause;

   Agents fees/agents commision are subject to change based on the agreement between creator, artist, collector, curator and/or anyone that DRIVERGOAL deems necessary and DRIVERGOAL.COM, specifically for special collections and auctions and could be up to 50%, in case DRIVERGOAL.COM promotes this art or it is specifically for a specific cause;

   d) The original sale of a Product via the Site is a “Primary Sale” and each subsequent sale of such Product is a “Secondary Sale”. From a Primary Sale, the Seller receives the total sale price less only the site Commission whilst, (minimum) ten percent (10%) royalty, from a Secondary Sale, the Seller receives the total sale price less the Agents/Manager Fee/Commission and a (minimum) ten percent (10%) royalty marketplace fee.

   Please note that your use of the Site may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.

(iii) Gas Fees. Every transaction on the Blockchain requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized Blockchain. This means that you will need to pay a Gas Fee for each transaction that you instigate via the App. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the “APP”.

(iv) Responsibility for Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the “App”. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms.

9. Payments. All amounts stated hereunder are inclusive of VAT (or sales tax) unless otherwise stated. Payments for the Set Up Fee may be by credit or debit card using Visa or MasterCard or PayPal or accepted cryptocurrency. Each User hereby represents and warrants that she/he is the exclusive owner and controller of the applicable account and is solely responsible for maintaining the confidentiality of any financial information related to your account. All financial transactions regarding purchases of a Product shall be conducted, managed and confirmed solely through the our website used blockchain network and you hereby authorise such network to charge you in accordance with the agreed terms. You acknowledge and agree that your blockchain public address will be made publicly visible whenever you transact via the Site (and DriverGoal shall have no control over such transactions or payment, nor any capability or right to reverse any such transaction). Please note that use of blockchain may require payment of a transaction fee (sometimes called a “Gas Fee”) and it is your sole responsibility to pay any such fee for each transaction you initiate via the Site. If you burn any entry by sending it to the “zero address”, DriverGoal shall not be liable for any resulting blockchain fees (including without limitation any transaction fee). If you require support, please contact us: contact@DriverGoal.com.

10. Refunds. Due to their nature, no Product may be exchanged returned for a refund. DriverGoal may, in some cases at its sole discretion, refund Collectors for Products that are not received and/or are otherwise incomplete and any refund made will be sent only to the original method of payment. Please note that the Set Up fee, Marketplace Fee, Agent/Manager fee, Artist/Creators Fee is not refundable, other than in special circumstances which will be determined at our sole discretion and insindicable judgement.

11. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. DriverGoal and its licensors (including Sellers) own or control all intellectual property rights in the Site and the Content to the extent necessary to provide the Service. You may not publish, distribute, extract, re-utilise, copy or reproduce any part of the Site or the Content in any form (including storing it in any medium or any other social media networks) other than as expressly allowed herein. The Site and the Content are for your personal, non-commercial use only, and (other than for sales of Products via the Site) are not for re-distribution, transfer, assignment or sublicense.

12. User Content Licence. When you upload material to the Site as a User and/or Artist and/or Creator and/or Agent and/or Curator and/or Manager (including, without limitation, graphic material and/or text and/or video and/or other media) you hereby grant to DriverGoal a worldwide, exclusive, perpetual, irrevocable license to use that material to provide the Service and for reasonable promotional purposes (including without limitation by exhibition on the Site, and/or on other websites and social media). You further agree to waive your moral rights for the purposes of this license. You warrant and represent that you have all necessary licences, rights, consents, copyrigth and permissions for DriverGoal to use your content for such purposes. Where necessary, we reserve the right to (re)format, cut, edit, create edition, create catalog, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. For the avoidance of doubt, you acknowledge and agree that any content you upload to DriverGoal may be exhibited by other users on other services including social media, and that users of those other sites/apps may share your content elsewhere in accordance with the relevant third party service terms or otherwise. You further acknowledge that DriverGoal may not have the right to ensure any takedown of your content from third party sites. If you do not want to grant these rights (and if you do not want your content to appear on DriverGoal and/or social media), please do not submit material to the Site neither register.

13. Take Downs. You acknowledge and agree that, while DriverGoal reserves the right to remove any item(s) of content from the Site at any time, DriverGoal shall not be responsible for issuing “Take Down Notices” to any third party service and DriverGoal shall have no liability for the posting of any Content to a different platform by a DriverGoal user. (except drivergoal authorised staff).

14. Code of Conduct for User Content. You agree to obey all applicable laws in using the Site, and agree that you are responsible for the materials and/or communications you upload to or initiate via the Site. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):

· (save with the prior written consent of DriverGoal) you will mint and/or make available for sale your DriverGoal NFT/DA/FDA’s only via the Site (drivergoal.com), and you have not previously minted or otherwise made available for sale such item (or any substantially similar creative work) via any other site or service;

· not to post content or participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;

· not to post content which you do not have the right to use;

· not to abuse other Users or anyone else;

· not to use the Site to engage in any commercial activities not approved by DriverGoal;

· not to publish your own (non-DriverGoal) contact details or those of anyone else;

· not to register more than one account for yourself or anyone else;

· not to post content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

· not to post content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;

· not to post anything that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation or that includes links to commercial services or web sites or that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;

· not to post content intended to be used for a commercial purpose of any kind, other than for purposes of the Service and promotional purposes relating directly to your NFT/DA/FDA’s(s);

· not to contact anyone who has asked not to be contacted;

· not to “stalk” or otherwise harass any other User;

· not to collect personal data about other users for commercial or unlawful purposes;

· not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service (unless expressly permitted by DriverGoal); neither manual and/or human means.

· not to post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

· not to manipulate the price of an NFT/DA/FDA’s or prevent a bid or conceal online activity in any way or otherwise attempt to artificially devalue, inflate, or deceptively influence, misrepresent, or cause to be misrepresented the price of any NFT/DA/FDA’s;

· not to bid on, purchase, or make any offer on User’s own NFT/DA/FDA’ss Items;

· not to engage in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price or simulate or stimulate demand for an NFT/DA/FDA’s;

· (save with prior written consent of DriverGoal) not to request more than one minting of any particular NFT/DA/FDA’s;

· not to attempt to gain unauthorised access to DriverGoal’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or DriverGoal website; and/or

· not to use any form of automated device or computer program that enables the submission of postings on DriverGoal without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”.

You acknowledge and accept that when you upload material to DriverGoal, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.

15. No Endorsement by DriverGoal. We do not always pre-screen or monitor content and therefore we do not endorse (and we expressly disclaim any and all liability in connection with) any Content or any other materials uploaded or exhibited or otherwise exploited by Users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgement, does not comply with this Agreement and any other rules of User conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

16. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to contact@DriverGoal.com. Users based in the US should include the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) sent to us: your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed; identification of the material on our services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. For notice of claims of copyright infringement may be contacted via email: contact@DriverGoal.com.You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability and that such claims may be referred to the US or other national Copyright Office. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.

Please note:

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.

PROHIBITION OF CLASS ACTIONS AND NON-INDIVIDUALIZED RELIEF.

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

(i) Binding Arbitration. Except for small claims disputes or as otherwise set forth in the Media License, all disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by the correspondent arbitration administration.

The place of arbitration shall be in Republic of Panama, unless the arbitrator determines that the dispute can be resolved on the submission of written papers or you exercise your right to an in-person hearing in your hometown area.

(ii) Arbitration Fees. You and we agree that for any arbitration, you will pay all filing fee, lawayer cost and other costs, there is a claim fee of the 25.000,00 USD (twentyfivethousand usd) USD to pay for processing your claim. .

(iii) Award Enforcement. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

(iv) Additional Remedies. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.

(v) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by sending an email to support@drivergoal.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.

17. Termination of this Agreement. We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You may request a withdrawal of any available item(s) of your content uploaded to the Site at any time by email to  contact@DriverGoal.com, in this case you have a penalty up to the greater of 2.000.000,00usd (two million of United States of America dollar) or the 45% of the item/items value (calculated on the avarege of the items values in the last solar years) withdrawed. We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.

18. Repeat Infringers. Your account will be terminated if, in our sole discretion, you are determined to be a repeat infringer (or otherwise have been the subject of more than one valid copyright notice or takedown request which has not been successfully rebutted).

19. Liability. Any content posted to or transmitted via the Site by a User is the sole responsibility of such User. Colours within images on the Site may vary according to devices and other factors such as descriptions, availability, references and features are subject to change in short (or without) notice. Each User accesses such content at his/her own risk and DriverGoal shall not be liable for any errors or omissions in such content or for any related damage or loss. DriverGoal has no duty of care to any User in relation to such content or how a User may interpret and use such content. Accordingly you hereby release us from all liability for you having (or not having) acquired any NFT/DA/FDA’s or other content via the Site. Please note that DriverGoal makes no warranty or guarantee regarding the identity of any User and we shall not be responsible for any User accessing the Site. You acknowledge that DriverGoal has no control over, and does not warrant or guarantee the quality or legality of any Products or the right of any Seller to sell any Product, the ability of any Collector to pay for a Product, or that a Collector or Seller will complete any particular transaction. DriverGoal is a non-custodial software provider offering a distributed NFT/DA/FDA’s marketplace, and DriverGoal shall not be liable to any User for any losses incurred in connection with sale or purchase of a Product or use of any blockchain network. You agree that the liability of DriverGoal to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, usd100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of DriverGoal.

20. Investment and Risk. The value of blockchain-based assets may be volatile, and fluctuations of digital asset prices could go up as well as down. We cannot guarantee that any purchasers of Products will not lose money. Please note that the value of NFT/DA/FDA’s may increase at any time which may lead to changes in our costs and/or Agents Commission. You hereby acknowledge the risk that the price of a Product may have been influenced by activity outside of our control. DriverGoal does not warrant the accuracy or fairness of any price of an NFT/DA/FDA’s sold or offered for sale on or off of the Site. You acknowledge and agree that DriverGoal has no fiduciary duty to you, including the duty to ensure fair pricing or to enforce terms of behaviour by users. You further acknowledge that the DriverGoal smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the blockchain (i.e., “forks”), which can adversely affect smart contract and may expose you to a risk of loss or forfeiture of your digital currency or DriverGoal items, or lost opportunities to buy or sell NFT/DA/FDA’s, and DriverGoal shall not be liable for any such loss or failure.

21. Warranties. By uploading any item of content to the Site for prospective sale, you warrant that all material in such content is entirely your own original work or you have been assigned or exclusively licensed all rights necessary (or, where you are representing a Group or Band, the original work of that Group/Band and all members have given express permission) to make the content available for sale via DriverGoal, and nothing within such content is defamatory and use by DriverGoal of such content will not infringe the rights of any third party; you are not (and/or each member in your Group/Band is not) in breach (and will not be in breach) of any recording, publishing or commissioning contract with any record company, label, publisher, production company or other third party by uploading or making available such content or by entering into or granting any rights or performing any obligations under this Agreement.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL DriverGoal PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DriverGoal, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICE, THE UPLOADING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES’ OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

22. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by DriverGoal, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify us for all loss or damage incurred by DriverGoal in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.

23. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via contact@drivergoal.com. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via contact@drivergoal.com (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply).

24. Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, “DriverGoal”) are trademarks or trade names of DriverGoal or its trading partners unless otherwise stated.

25. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwiseinterfere (collectively, “Interfere“) with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud DriverGoal or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

26. No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

27. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

28. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

29. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

30. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

31. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.

32. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Republic of Panama. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Republic of Panama.

33. Entire Agreement. These Terms and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the “App”, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the “App”, whether oral or written.

(i) reserved

(ii) Third-Party Beneficiaries. The Licensors are third-party beneficiaries of these Terms, and shall have the right to directly enforce their rights in their applicable Media or other rights under these Terms against you directly to the extent they may deem such enforcement necessary to protect their rights. Other than Licensors or as otherwise expressly set forth herein, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

(iii) Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

(iv) Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

(v) No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.

(vi) reserved.

(vii) Venue. Subject to Section 16 of these Terms, and except as otherwise set forth in the Media License, any legal action or proceeding arising under these Terms will be brought exclusively in the Supreme Court of the Republic of Panama, and we and you irrevocably consent and attorn to the personal jurisdiction and venue there.

(viii) Notices. We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the App. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

9. Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, a Licensor, or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

   a) NFT/DA/FDA’s/FDA’s/DA/fNFT. An “NFT/DA/FDA’s/FDA’s/DA/fNFT” is a non-fungible token/fractionary digital assets/ Digital Assets (i.e. a unique item that cannot be replaced with something else, such as a one-of-a-kind trading card in the form of digital artwork with verified provenance). A DRIVERGOAL NFT/DA/FDA’s/FDA’s/DA/fNFT is a token stored on a distributed blockchain (as a record of ownership) that electronically contains the purchased item of artwork and cannot be deleted. Collectors may search, browse, click on links, purchase and re-sell Products but shall acquire no intellectual property rights to any Product other than the rights listed below. Purchasing an NFT/DA/FDA’s/FDA’s/DA/fNFT from DRIVERGOAL is like owning a signed physical artwork, painting or print, insofar as it can be re-sold at any time. When a DRIVERGOAL NFT/DA/FDA’s/FDA’s/DA/fNFT is again transferred via a Secondary Sale, the blockchain entry that it represents is automatically transferred to that new purchaser’s address. For full enjoyment of owning a DRIVERGOAL NFT/DA/FDA’s/FDA’s/DA/fNFT, a Collector must use best efforts to verify the original artist of the NFT/DA/FDA’s/FDA’s/DA/fNFT by way of online research and, whilst DIRVERGOAL uses reasonable efforts to ensure all NFT/DA/FDA’s/FDA’s/DA/fNFT on the Site are offered for sale by the applicable rightsholder, DRIVERGOAL.COM shall not be liable for any rights-related breach or imperfection.

b) Set Up and Selling NFT/DA/FDA’s/FDA’s/DA/fNFT. If you sell a DRIVERGOAL NFT/DA/FDA’s/FDA’s/DA/fNFT via the webpage then (save with the prior written consent of DRIVERGOAL.COM) you must not mint or make available (in any other way and/or manner) past, present or future (and must not have previously minted or made available) for sale that NFT/DA/FDA’s/FDA’s/DA/fNFT item via any other platform. To create a DRIVERGOAL NFT/DA/FDA’s/FDA’s/DA/fNFT for sale as a Product, the prospective Seller must upload the original digital art, provide all requested metadata and other information, and set the Primary Sale price. Each item of artwork received from a prospective Seller must be formatted into an NFT/DA/FDA’s/FDA’s/DA/fNFT by DRIVERGOAL before it can be made available for sale, for which DRIVERGOAL charges a nominal “Set Up Fee” (payable in US dollars, euros or cryptocurrency, as posted on the Site from time to time).Please note that, whilst we try to mint and post (“Drop”) each Seller’s Product as quickly as possible, it may take up to thirty (30) days from receipt of the art files (any we make no guarantee or representation regarding any timescale). Where a Drop has been delayed due to circumstances within our control, we will endeavour to notify you of the delay and of the new Drop date. By Minting a DRIVERGOAL NFT/DA/FDA’s/FDA’s/DA/fNFT/fNFT and/or seeking to purchase a Product, you warrant that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.

34. Contacting Us. If you have any questions, please contact us at the following address: contact@drivergoal.com.