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Terms of Use

Last Updated: March 17, 2025

Bearish Ventures LLC and/or its affiliates and subsidiaries (collectively, "Bearish," "we" or "us") are pleased to provide to you certain websites, software, applications, content, products, and services in any media format or channel, now known or hereafter devised ("Abstract Madness Products" and "Products"), which may be branded Bearish, Abstract Madness, or another brand owned or licensed by Bearish. References to Abstract Madness Products also include any elements of the Abstract Madness Products.

PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ABSTRACT MADNESS PRODUCTS. THESE TERMS GOVERN YOUR USE OF THE ABSTRACT MADNESS PRODUCTS IN GENERAL. BY USING THE ABSTRACT MADNESS PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.

ANY DISPUTES BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT OR RELATING TO THE OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (SECTION 8. BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

TABLE OF CONTENTS

  1. These Terms of Use Are a Contract Between You and Us
  2. License Grant and Restrictions
  3. Usage Rules
  4. Paid Transactions
  5. Contests, Sweepstakes and Promotions
  6. Disclaimers and Limitation on Liability
  7. Submissions, User Generated Content, DMCA Takedown Notices
  8. BINDING ARBITRATION AND CLASS ACTION WAIVER
  9. Additional Provisions

1. These Terms of Use Are a Contract Between You and Us

A. Binding Contract.

These terms of use ("Agreement") are a contract between you and Bearish Ventures LLC, as a Florida limited liability company, and its affiliates and subsidiaries. Other than as expressly stated herein, there are no third-party beneficiaries of this Contract.

B. Agreement.

You represent to Bearish that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a Bearish account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access an Abstract Madness Product offered directly by Bearish or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Abstract Madness Product). If you do not agree to the Agreement, you may not use the Abstract Madness Products.

C. Supplemental Terms.

This Agreement governs the Abstract Madness Products in general. More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, sweepstakes or promotion, software, application, promotional code, service or other activity; availability of certain digital assets, content, programs, or other activities; conditions or other limitations to the Abstract Madness Products for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Abstract Madness Product.

2. License Grant and Restrictions

The Abstract Madness Products, including, but not limited to, NFTs, brackets, digital assets, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Abstract Madness Products are owned by us or our licensors (who may be third-party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.

3. Usage Rules

Your use of the Abstract Madness Products is conditioned on your compliance with the rules of conduct set forth in this section; any violation of these usage rules shall be grounds for suspension or termination of your access to the Abstract Madness Products.

You agree not to:

  • Use the Abstract Madness Products for any unauthorized or illegal purpose;
  • Interfere with or disrupt the operation of the Abstract Madness Products or servers or networks used to make the Abstract Madness Products available;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Abstract Madness Products;
  • Manipulate identifiers in order to disguise the origin of any information transmitted through the Abstract Madness Products;
  • Create a false identity or impersonate another person in connection with your use of the Abstract Madness Products;
  • Engage in any activity that interferes with another user's ability to use or enjoy the Abstract Madness Products;
  • Engage in any fraudulent activity or activity that facilitates fraud.

4. Paid Transactions

For Abstract Madness Products that we offer for a fee, you agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the products and services offered through the Abstract Madness Products at any time. The timing of your participation in a bracket challenge or other timed events is important. Please carefully read the descriptions for each product or service you purchase.

8. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND BEARISH THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

You and Bearish agree to resolve, by binding individual arbitration as provided below, all Disputes (including any related disputes involving Bearish Ventures LLC, its subsidiaries, or its affiliates) except for: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.

9. Additional Provisions

A. Governing Law.

This Agreement is governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any conflict of law principles.

B. Jurisdiction.

Any dispute between you and us regarding the Abstract Madness Products will be resolved in the state or federal courts located in the State of Florida.

C. Contact Information.

For any questions about these terms, please contact us at gm@bearish.af or join our Discord at https://discord.gg/bearish for technical support.

The complete terms of use can be accessed in our documentation.

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