Letter from the Founder
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Welcome to Manapua Face!

I'm thrilled to embark on this journey with you. I stumbled upon NFTs almost by accident while tinkering with different algorithms, exploring their creative potential. Little did I know that these NFT characters would become the perfect canvas for expressing my new ideas.

During the process of writing these algorithms, I fell in love with the NFT universe. It's not because of the hype or the potential for riches, but due to the limitless potential to create something truly unique. I also deeply admire how this industry celebrates creators of all kinds. I find inspiration in other founders and their fans, with their boldness and maverick spirit reminiscent of the dot-com boom days.

I see the potential for some NFT projects to turn into big entertainment brands. It dawned on me that in this world, becoming a big brand is no longer confined to large corporations. Today, small creative teams can achieve remarkable scale powered by smart contracts and a passionate community.

The industry is not without its challenges; even thought the market seems to have recovered, the lines between collectibles and unregulated securities are being tested and litigated.

Despite all of this, I'm genuinely bullish on the future of NFTs, decentralization, and the Web3 industry at large to exist as proper, compliant, and long-lasting companies. This is the opportune moment to build, grow, and innovate without fear or hesitation. Let us embrace novelty and diversity, for it is through such openness that our industry will flourish.

So, I invite you to join me on this exciting journey of tech and creativity. I can't wait to share more with you, and I hope Manapua Face becomes a source of inspiration, sparking new ideas and igniting passion along the way.

Together, let's create an unforgettable adventure!

Papa Manapua
Founder

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Manapua Constitution
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Preamble

We, the creators and guardians of the Manapua Face NFT platform, in order to form a more perfect union of digital art, ensure the integrity and uniqueness of our assets, promote the general welfare of our users, and secure the blessings of digital liberty to ourselves and our posterity, do ordain and establish this Constitution for Manapua Face NFT.

Article I: Holder's Right to Uniqueness

Section 1: Assurance of DistinctivenessEvery holder of a Manapua Face NFT shall possess a token that stands distinct from all others, offering unique characteristics exclusive to its holder.

Section 2: Protection Against DuplicationThe platform guarantees that no two NFTs shall bear the same attributes, ensuring the uniqueness and individuality of each asset.

Article II: Holder's Right to Knowledge and Safety

Section 1: Transparency & DisclosureEvery holder shall be entitled to full knowledge of the platform's operations, changes in Terms, and other pertinent information related to their held NFTs.

Section 2: Digital SecurityWhile holders bear responsibility for their own online safety, the platform commits to deploying security measures, ensuring that holders' assets and data remain safeguarded from malicious intent.

Article IV: Holder's Right to Voice and Representation

Section 1: Feedback and CommunicationHolders shall have the avenue to voice concerns, provide feedback, and seek clarification on platform matters, fostering open communication between the platform and its community.

Section 2: Consideration in AmendmentsWhile Manapua Face NFT reserves the right to amend its terms, holders' concerns and interests shall be considered in every significant revision to ensure alignment with the community's needs.

Article V: Holder's Right to Legacy and Continuity

Section 1: Legacy AssuranceNFT holders can be assured that their assets can be passed on, be it to successors or assigns, ensuring the continuity and longevity of their digital legacy.

Section 2: Supremacy of Holder RightsThis Constitution, rooted in the rights and privileges of holders, stands supreme. Any ambiguities or discrepancies in platform operations will be resolved with this Constitution as the guiding principle.

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* Manapua Face NFTs are digital collectibles and should not be considered as securities. Ownership of these NFTs does not imply any form of ownership, shares, or financial stake in the Manapua Face LLC company.

T&C's

Terms & Conditions

Updated 8/10/24



Manapua Face denotes a collection of digital artworks (NFTs) that operate on the Ethereum network. This website provides an interface for users to acquire or exchange such digital collectibles. Users bear sole responsibility for securing and managing their private Ethereum wallets and for confirming the accuracy of all transactions and contracts presented by this website before giving authorization. Due to the functioning of the Manapua Face smart contract on the Ethereum network, there is no mechanism to reverse, annul, or recover any transactions.

From time to time, non-fungible tokens (“Manapua Face NFTs”), other digital assets, and/or tangible products may be offered for purchase on our platform. The right to access and use our website is strictly limited to individuals aged 18 and above. Those under the age of 18 are expressly forbidden. To engage in acquisition activities pertaining to the Manapua Face Products, users must assent to these Terms as well as any product-specific terms. Transactions related to Manapua Face Products facilitated through external partners are subject to the terms set by those third-party entities. Users recognize the finality of transactions and accept that Manapua Face LLC bears no liability for transaction reversals or any associated concerns.

The proprietary rights of the website, including but not limited to its source codes, databases, features, software, designs, audio, video, text, and graphics (collectively, “Content”), and related trademarks and logos (hereinafter “Marks”), are either owned by or licensed to Manapua Face LLC. These are safeguarded by copyright, trademark, and other intellectual property laws. The Content and Marks are provided “AS IS” solely for personal reference and use. Unless expressly stipulated in these Terms or under a relevant license on our website, any unauthorized replication, dissemination, or commercial use of any segment of the website, Content, or Marks is strictly forbidden. Eligible users receive a limited license for personal, non-commercial access and utilization of the site. All rights tied to the website, Content, and Marks remain reserved by Manapua Face LLC.

1. Ownership & IP

  • a) NFT Ownership Rights: Upon purchasing a Manapua Face NFT, you obtain a singular digital asset (an NFT) recorded on the Ethereum blockchain. This NFT signifies a piece of digital art, termed the "Art." By procuring it, you secure complete ownership rights over the Art, as dictated by the Ethereum Network and its Smart Contract.
  • b) Personal Usage Terms: In adherence to these terms, Manapua Face LLC bestows upon you a non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify, and create derivative works of the Manapua Face NFT Art for your Manapua Face NFT for personal, non-commercial use (such as to display in your wallet, as a profile picture, to create a pixel-art version for use in a third party platform)
  1. c) Commercial Usage Guidelines: In continued compliance, Manapua Face LLC grants you a non-exclusive, worldwide, royalty-free license to use, reproduce and display the Manapua Face NFT Art for your Non-Branded Manapua Face NFT noted by for any Commercial Use. This license does not include a right to create derivative works of the Manapua Face NFT Art except as necessary to adapt and depict the Manapua Face NFT Art in or on the goods or media created pursuant to this license or as otherwise required below.
  • You have the liberty to administer or own websites or applications spotlighting non-branded NFT art.
  • You are sanctioned to generate revenue from the activities delineated above.
  • d) Modifications and derivative works: We recognize that you might want to modify and create derivative works of your Manapua Face NFT Art, and we allow you to do so under the scope of the licenses granted above. However, you acknowledge and agree that we may also modify, create derivative works of, and update any Manapua Face NFT Art and may create works of authorship similar or identical to your own adaptations, derivative works, and modifications of any Manapua Face NFT Art.

    No Rights to Trademarks. Nothing in this License will be interpreted to grant you any rights to any Manapua Face Trademarks belonging to us. Without our written permission, you may not use any Manapua Face Trademarks for any Commercial Use, including to register any domain names or social media accounts using any Manapua Face Trademarks. You may not remove, delete, or obscure any trademark notice, copyright notice, or other intellectual property notice in any Manapua Face NFT or Manapua Face NFT Art.
  • E) Transfer: Transfer. The licenses granted above are non-transferable, except that if you sell or transfer your Manapua Face NFT, you will no longer be granted the foregoing licenses in the Manapua Face NFT Art, and such license will transfer to the new owner of the Manapua Face NFT associated with such Manapua Face NFT Art.

    Restrictions. Notwithstanding any of the above, you may not use the Manapua Face NFT Art in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal, or obscene activity or that promotes any such activity.

    Reservation of Rights. We reserve all rights in and to the Manapua Face NFT Art and any other intellectual property of us not expressly licensed herein. All goodwill arising from any use of the Manapua Face Trademarks will inure solely to us and our affiliates.
  • F) License Revocation Due to Misuse: Regardless of the privileges granted above, Manapua Face LLC holds the absolute right to retract the aforesaid global license should it determine that the Art or its representations are being exploited, duplicated, or featured in contexts that display, support, or advocate illicit endeavors. This encompasses, but is not restricted to, portrayals of theft, bodily harm, inappropriate or non-consensual sexual conduct, illegal drug use, and any other illegal activities. Upon such discovery, the license of the offending party will be immediately nullified, mandating the cessation of all uses of the Art forthwith.

2. TRANSACTION MECHANICS AND FEES

  • a) Manapua Face Purchases: When choosing to purchase a Manapua Face via any platform, note that all associated financial transactions are exclusively processed through third-party platforms on the Ethereum network. Manapua Face lacks the oversight, authority, or capability to alter or reverse such transactions. As a result, you bear sole responsibility for any transactions conducted, and Manapua Face holds no liability for any claims or damages resulting therefrom.
  • b) Gas Fees: Engaging in transactions on the Ethereum network requires a "Gas Fee." This fee, which the buyer must cover, supports the computers essential to Ethereum's decentralized framework. Every transaction on the Ethereum network mandates this “Gas Fee."

3. ON DIGITAL WALLETS

  • a) Third-party Nature: Digital Wallets, indispensable for managing your NFTs, function autonomously and are neither affiliated with nor overseen by Manapua Face. Their utilization is strictly at the user's discretion and is governed by terms stipulated by the respective third-party providers.
  • b) Your Wallet, Your Responsibility: It is imperative to ensure the security of your Digital Wallet. This includes diligently protecting passwords, seed phrases, and keys. Manapua Face disclaims responsibility for any complications stemming from your wallet's operation. Should you, regrettably, misplace access to your wallet, Manapua Face cannot assist in retrieving any Manapua Face NFTs contained therein.

4. SECONDARY SALES OF NFTs ON EXTERNAL PLATFORMS

  • a) The Nature of Secondary Sales: Manapua Face NFTs can be transacted on third-party platforms, a process referred to as secondary sales.
  • b) Platform Independence: The platforms facilitating these secondary sales are distinct and unassociated with Manapua Face. Users engage with these platforms at their own peril and must adhere to the specific terms set by each platform.
  1. c) Resale Benefits and Guidelines: Upon reselling your Manapua Face NFTs, a portion of the resale value may be apportioned to us, as delineated on our website and contingent upon the policies of the third-party platform. It's vital to select platforms that:
  • Implement cryptographic verifications to affirm each NFT owner's entitlements, thus ensuring only authentic owners can list or transact.
  • Systematically designate a fraction of the resale value to Manapua Face.
  • d) Partaking in secondary sales on sanctioned platforms signifies your acquiescence to these provisions.
  • e) Secondary Transactions and Liability: Digital Assets, including our NFTs, may be exchanged on external venues or exchanges. Such transactions, termed "Secondary Transactions," are subject to the regulations of those platforms. Manapua Face neither monitors nor endorses these transactions and offers no assurances regarding the integrity or functionality of these venues. We absolve ourselves of any liability for issues emanating from Secondary Transactions or interactions with external platforms.
  • f) Tax Obligations: Engaging in Digital Assets carries potential tax consequences. Unless explicitly indicated otherwise, the onus for all tax liabilities tied to the procurement, sale, or retention of Digital Assets, as dictated by appropriate governmental agencies, rests with you. This encompasses potential tax liabilities arising from any interactions involving Manapua Face NFTs.

5. TRADING, INVESTING, SPECIFICATIONS AND LIMITATIONS

  • a) Usage Conditions: Customers should understand that interactions with Manapua Face's digital items, including buying NFTs, are mainly for personal collection and enjoyment. Any attempts to speculate, invest, use NFTs as alternative currency, or resell are solely at the buyer's risk. Furthermore, Manapua Face does not guarantee any future value or potential resale price of any NFT.
  • b) Digital Collectible Designation: Each Manapua Face NFT is created and produced as a digital collectible. Its principal role is as a collectible and entertainment, allowing possessors to appreciate its uniqueness.
  1. c) Distinct from Securities: For the sake of unequivocal understanding, it is imperative to comprehend that the Manapua Face NFT is not, under any circumstance, to be construed as a security.
  • d) No Guarantees or Expectations of Profit: Manapua Face LLC neither provides assurances nor insinuates any prospective monetary appreciations or returns on investments associated with the acquisition or disposition of Manapua Face NFTs.
  • e) No Ownership in Manapua Face LLC: Holders must distinctly grasp that the act of procuring a Manapua Face NFT does not bestow any rights of ownership, equity, or interest in Manapua Face LLC or its related ventures.
  • f) Exclusion from Profit Sharing: Owning a Manapua Face NFT does not entitle the holder to share in profits or receive dividends from Manapua Face LLC. The NFT is purely for artistic and entertainment purposes and should not be seen as a financial investment.
  • g) Market-Driven Resale Values: The potential resale value of a Manapua Face NFT depends on current market conditions. Manapua Face LLC remains neutral on this matter and does not accept responsibility for any satisfaction or dissatisfaction arising from value changes determined by the market.

6. WARRANTY AND LIABILITY

At Manapua Face, we work hard to provide our valued users with top-quality services and assets. However, it's important for users to understand that all services offered on our platform, including Manapua Face NFTs, are provided "as is." While we are dedicated to upholding the standard of our services, the complex nature of the digital world means we can't guarantee perfection. Here are some essential points to consider:

  • a) Nature of Our Service: While we aim for the best, a flawless service experience isn't always possible due to unforeseen factors. Our unwavering goal is to deliver the best service possible.
  • b) Potential Risks: Navigating the digital realm, encompassing NFTs and cryptocurrencies, inherently bears certain risks that can range from elementary oversights like mislaid credentials or erroneous inputs to more intricate challenges such as cyber-attacks, blockchain anomalies, or adverse regulatory shifts in distinct regions. Additional unpredictable risks span market volatility, actions of third parties, server disruptions, and data compromise. Moreover, malevolent threats like malware, phishing schemes, or blockchain protocol modifications can potentially disrupt the NFT milieu.
  1. c) Website Access: While we work hard to create a seamless user journey, it remains outside our purview to guarantee continuous access to the Manapua Face platform, devoid of glitches or potential vulnerabilities. Furthermore, all data disseminated on our website is accorded without absolute warranties.
  • d) Communication Risks: The sanctity of digital communication is not impervious to third-party infringements. Manapua Face cannot assume liability for complications precipitated by such external disturbances during your digital engagements.
  • e) Entertainment Purpose: Users are advised that metrics, analyses, or evaluations pertaining to our NFTs are primarily tailored for entertainment. While accuracy is pursued, methodologies may undergo change, leaving possibilities for inadvertent inaccuracies.
  • f) User Representations and Warranties: Engaging with our platform signifies your consent to the following tenets:
  • You possess the legal competence to embrace these terms.
  • You have attained legal adulthood as per your jurisdictional stipulations.
  • Your engagements on our platform are directly devoid of bots, scripts, or automated aids.
  • You pledge to abstain from using our platform for illicit pursuits.
  • You are not domiciled in or a national of territories presently subjected to U.S. sanctions, inclusive of but not limited to Cuba, Iran, Syria, North Korea, Crimea, Donetsk, and Luhansk, nor feature on U.S. sanctions directories.
  • Your activities within our platform are congruent with local, provincial, and global legislative frameworks.

7. WEBSITE USAGE

  • a) Website Access: The website is furnished to users on an "as-is" and "as-available" paradigm. Manapua Face LLC does not pledge uninterrupted, defect-free access, nor does it ensure rectification of any identifiable issues. Patrons should be cognizant that our website or its hosting infrastructure might be susceptible to detrimental elements, including viruses—engagements with the website rest solely at the user's discretion and risk.
  • b) Product Information: Neither expressly nor by implication does Manapua Face LLC vouch for the authenticity or reliability of products delineated on our platform or partnered third-party sites. Product descriptors are purely informational in nature. Manapua Face LLC disclaims responsibility for any direct or indirect adversities stemming from the utilization of our products—this encompasses losses related to profit, revenue, opportunity, or data.
  1. c) Dissatisfaction Solution: Should our website, product, or NFT not meet your expectations, your only recourse is to cease its use.
  • d) Your Obligations: Patrons must exhibit etiquette while interacting with our platform. This entails:
  • Avoid sharing or spreading illegal, harmful, offensive, or slanderous content.
  • Don't upload harmful software or viruses.
  • Never pretend to be someone you're not.
  • Respect all intellectual property rights.
  • Don't engage in illegal activities, like money laundering.
  • Ensure a smooth experience for other users.
  • Don't use the platform for unauthorized business activities.
  • Avoid altering or tampering with the website without permission.
  • Keep all our proprietary notices intact.
  • Don't extract data without permission.
  • Don't use our resources to build similar competitive services.
  • e) Breaches of these precepts might culminate in the instantaneous revocation of user privileges without prior intimation, solely at our discretion.

8. RISK RECOGNITION:

  • a) Blockchain & NFT-Related Disclaimers: Manapua Face LLC is not responsible for issues related to blockchain complexities, digital wallet problems, or verifying NFT ownership across various platforms. Blockchain assets come with risks, such as value fluctuations, technical glitches, unauthorized access, and lost login details. We can't guarantee the ongoing availability or reliability of these assets on all platforms. Please note that transactions with these assets can't be reversed. Therefore, correcting mistaken or malicious transactions may be impossible.
  • b) NFT Price Instability: Trading Manapua Face NFTs require accepting the inherent price volatility. Such NFTs are not construed as financial investment instruments.
  1. c) Digital Artwork Rights: Procurement of a Manapua Face NFT entitles holders to the corresponding digital artwork. Our content is devoid of financial counsel or securities offerings. Ensure compliance with local regulations in your acquisitions.
  • d) Risks with Digital Currency: Engaging with digital currencies inherently bears risks, inclusive of system glitches and potential security breaches.
  • e) Uncertainties in Regulation: The dynamic regulatory climate around blockchain, cryptocurrencies, and NFTs might induce NFT value shifts. Regulatory adaptability might prompt us to modify our terms.
  • f) Ethereum Platform Concerns: Users must acknowledge and accept potential risks emanating from disruptions within the Ethereum ecosystem.

9. CLARIFICATIONS AND DISCLAIMERS ON SERVICES

  • a) Nature of Services: Manapua Face primarily delivers services centered around crypto-assets, notably NFTs (Non-Fungible Tokens). Each Manapua Face NFT is intrinsically unique, endowing its possessor with exclusive attributes.
  1. b) Services Not Offered: Manapua Face refrains from providing services in the digital asset domain. This encompasses but isn't confined to:
  • Services associated with Initial Coin Offerings.
  • Custodial functions of digital assets for third parties.
  • Granting access for holding, storing, and transferring digital assets.
  • Operation of digital asset trading infrastructures.
  • Provision of services pertaining to third-party order facilitation, advisement, underwriting, placement (both assured and non-assured), and analogous functions.
  • c) Exclusion of Financial Return Services: Manapua Face remains uninvolved in asset intermediation services. In essence, we don't present opportunities to secure rights in assets with the anticipation of potential financial accruals or comparable economic advantages.
  • d) Legal and Tax Compliance: It is incumbent upon users to maintain compliance with prevailing regulations, incorporating tax stipulations linked to NFTs and cryptocurrencies. Continual updates are vital as shifting mandates could recalibrate your rights and responsibilities vis-à-vis your Manapua Face NFTs.
  • e) Website Conditions: By using our platform, you agree to use the site "as is" and "as available." Manapua Face doesn't provide specific guarantees and, where the law allows, doesn't make implied promises about the site or its features. This includes promises about the site's marketability, fitness for a specific purpose, and not infringing on rights. While we aim for the best, we can't promise constant, flawless, secure access or that all data will always be accurate. Users should also be aware that our platform might sometimes contain harmful software.
  • f) Online Security Risks: Engaging digitally inevitably introduces security vulnerabilities. When accessing our platform, users must acknowledge these perils and consent that, barring intentional misconduct on our end, Manapua Face stands exempt from liabilities arising from security compromises or data breaches.
  • g) Limitations of Responsibility: Given the exogenous nature of these elements, Manapua Face disclaims accountability for potential adversities stemming from Ethereum Network operations or the mechanics of any smart contracts.

10. LIABILITY LIMITATION

  • a) Manapua Face asserts that it will not be held liable for indirect, incidental, special, consequential, or exemplary damages encountered by you or any third party. This encompasses but isn't confined to, losses of profits (whether direct or indirect), goodwill, business reputation, data, or other intangible losses, irrespective of their cause or the liability theory they're premised on, even if we've been apprised of the possibility of such damages.
  • b) Per the confines of applicable legislation, Manapua Face disclaims liability for any indirect damages you sustain in relation to your access or interaction with our platform or services.
  1. c) Limitation on Liability: Manapua Face LLC denies responsibility for any indirect, exceptional, or consequential detriments, inclusive of profit or reputation losses, even if we've been alerted to such potential losses. If we are convicted liable for any damages, our liability is restricted to the amount you've disbursed for access to our site or for purchasing our products or $500 USD.
  • d) In agreeing to these Terms and utilizing our platform, you recognize the pivotal nature of these liability limitations and warranty disclaimers to our mutual agreement. Absent these provisions, Manapua Face wouldn't be able to present the Site to you.

11. INDEMNIFICATION CLAUSE

  • a) Within the boundaries set by applicable laws, you (the user) undertake to defend, indemnify, and exonerate Manapua Face, its associated entities, and their respective agents and stakeholders, hereafter designated as the “Indemnifying Parties.” This encompasses all claims, damages, verdicts, losses, obligations, penalties, expenses, and costs, irrespective of their character or genesis, such as:
  • Detriments, either property-related or personal, arising from your interaction with or misapplication of the website, its content, or Manapua Face products.
  • Transgressions you perpetrate against these terms.
  • Infringements you commit vis-à-vis third-party rights, including those of other site users.
  • b) In the event of claims by third parties, you vow to promptly inform Manapua Face and cooperate in defending against said claims. The Indemnifying Parties retain the prerogative to oversee the defense or resolution of any third-party claims.
  • c) User's Responsibility to Indemnify: As a user, you assent to defend, indemnify, and shield Manapua Face, its affiliates, officers, agents, employees, licensors, and partners from:
  • Breaches you perpetrate against these terms.
  • Misapplications you enact on the site.
  • Any violations of statutes, regulations, or rules arising from your use of the site.
  • d) Protection from Liability: Users are obligated to safeguard Manapua Face and its members, directors, officers, and agents, collectively dubbed "Manapua Face Representatives," against all claims, liabilities, damages, and expenses, encompassing attorney fees. This shield is mandated in scenarios of:
  • Any transgression by the user of the stipulations, warranties, assurances, or duties herein.
  • Allegations or infringements are levied against Manapua Face Representatives concerning the user's dealings with the Manapua Face platform, its services, or NFTs.

12. MISCELLANEOUS

  • a) Entire Agreement: The entirety of these Terms, along with any other policies displayed on Manapua Face’s website, represents the complete understanding between the parties, superseding all prior oral or written agreements. Any changes to this agreement must be in written form; oral amendments, irrespective of their content, won't alter the existing terms. Both parties confirm that their adherence to these Terms relies exclusively on the provisions contained within, unaffected by any outside promises or representations.
  • b) Nature of Relationship: The relationship defined by these Terms and related agreements does not establish a joint venture, partnership, employment, or fiduciary relationship between the parties unless explicitly indicated. Neither party nor their agents have the authority to commit or bind the other party in any fashion. Our predominant relationship is either that of a buyer and seller or as autonomous entities in particular circumstances.
  1. c) Benefit and Binding Effect: These Terms are crafted to be advantageous to both parties and are binding upon both parties' successors, allowable assigns, heirs, executors, and administrators. However, you may only assign or delegate rights or duties under these Terms with obtaining explicit written approval from Manapua Face. Any endeavors to do so without this approval will be deemed null and void.
  • d) Validity and Enforceability: If any segment of these Terms is judged invalid or unenforceable, the remaining provisions remain valid and enforceable. Moreover, if a provision is regarded as invalid or unenforceable under specific circumstances, it may still be valid and enforceable in other contexts.

13. MODIFICATION OF TERMS AND CONDITIONS

  • a) Manapua Face retains the authority to modify these Terms at its sole discretion. We advise you to review these Terms periodically to remain updated on any alterations. Modifications will become effective immediately upon being posted. By persisting in accessing or utilizing the platform after changes to the Terms have been made, you express your unambiguous acceptance of these revisions. If you find the updated Terms objectionable, you should cease accessing or using the Site.