XYLO-(ˈzaɪloʊ; ˈzaɪlə) That from which something comes into existence, source, or origin. -Pharoah
Ancient philosopher of the Pleiades
ca. 137,952 X.C.

XYLOCATS WEBSITE TERMS OF USE

LAST UPDATED: June 11th, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE XYLOCATS WEBSITE. XYLOCATS' PROVISION OF ACCESS TO THE WEBSITE IS SUBJECT TO THESE TERMS OF USE.

BY ACCESSING, USING, AND/OR PURCHASING PRODUCTS VIA THE WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION, INCLUDING SECTION 16, WHICH INCLUDES A CLASS ACTION WAIVER AND MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL

IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS OR USE THE WEBSITE.

Access to and use of the Website is made available only to people who can form legally binding agreements under Applicable Law. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Xylocats and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

Xylocats may take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including suspending and/or terminating access to the Website, Products, or accounts.

1. Definitions

"Applicable Law" means any applicable law, regulation, rule, or order.

"NFT" means any non-fungible token originally issued by Xylocats, including if acquired from a third party.

"NFT License" means the license applicable to NFTs, found at www.xylocats.com/nftlicense.

"Physical Products" means any physical products sold or made available by Xylocats.

"Products" means, collectively, NFTs, Physical Products, and any other products or services offered by Xylocats.

"Sales Tax" means sales, use, excise, valued added, or similar taxes, levies, duties, or other assessments imposed by any local, state, federal, or foreign jurisdiction.

"Website" means, collectively, our website, located at www.xylocats.com, and any other microsites, applications, user interfaces, or mobile websites we operate or use.

"Xylocats" "we," "us," and "our" means Very Official LLC dba Xylocats NFT Collection.

2. Updates to Terms of Use; Additional Terms

These Terms of Use are available at a link at the bottom of each page on the Website. From time to time, we may update the Terms of Use. Please check the Terms of Use before using the Website to determine whether a change has been made. Your continuing access to or use of the Website confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Website.

From time to time, we may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the Website to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

3. Your Use of Website

You may browse and use the Website solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not (a) distribute, modify, transmit, publish, reuse, repost, or use the Website or any content made available on the Website: (i) for public or commercial purposes without the express written permission of Xylocats; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any Applicable Law; or (iv) in a manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use or enjoyment of the Website; or (b) use any Products to (i) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; or (ii) carry out financial activities subject to registration or licensing, including creating, listing, or buying securities, commodities, options, real estate, or debt instruments.

You will not use the Website for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters, or bulk communications of any kind, including distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce, or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information, or information about other users of the Website. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Website. If you download software or any other content from the Website, you do so at your own risk.

4. Ownership of Content

The Website and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Website, or featured on or associated with any Product originally issued or sold by Xylocats, including any of the foregoing generated by artificial intelligence, (collectively, the "Content") are the exclusive property of, or used with permission by, Xylocats and may be protected by copyright, trademark, and other laws. You may not modify, reproduce, publicly display, perform, distribute, or otherwise use Content in any way except as expressly permitted in these Terms of Use or with the prior express written permission of the owner of such Content. Any unauthorized use of any Content will violate these Terms of Use, which is a binding contract between us and you, and may also violate copyright laws, trademark laws, laws of privacy and publicity, or other Applicable Law. You may not remove any copyright, trademark, or other proprietary notices from the Website or any Content. If you own an NFT, the limited license set out in the NFT License shall apply, subject to the terms set out therein. All rights to Content not expressly granted in these Terms of Use or, if applicable, the NFT License, are reserved by and to the respective owners of such Content. Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on the Website (collectively, "Trademarks & Domains") are registered and unregistered Trademarks & Domains owned by Xylocats. Other Trademarks & Domains used or displayed on the Website are the registered and unregistered Trademarks & Domains owned by their respective owners and used with permission by Xylocats. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks & Domains without Xylocats' written permission or the written permission of the applicable third-party owner.

5. Purchase of NFTs; Supported Wallets, Providers, Blockchain

By acquiring any NFT, you agree to the terms of the NFT License . As set out in the NFT License, certain commercial rights will be available only if you register with Xylocats. Without limiting the other terms herein, your registration will be subject to Section 8.

All purchases of NFTs are final, binding, and not cancellable. Any NFT that you purchase from us will be delivered directly to your supported wallet, and you will be solely responsible for safekeeping the passwords and keys associated with your supported wallet. We will not be able to recover purchased NFTs for you in the event that you lose access to your supported wallet account or under any other circumstances.

We do not offer a hosted digital wallet on the Website or otherwise host NFTs or any other property for customers. You will be required to link a supported blockchain-based digital wallet provided by supported third-party unhosted wallet providers to the Website before you will be able to purchase any NFT. We only accept payment for NFTs in the supported cryptocurrencies. A list of supported wallets, supported wallet providers, and supported cryptocurrencies, which we may update at our discretion, is available at www.xylocats.com/wallets. Each supported wallet provider is a third-party company that offers unhosted digital wallet products and services. We are not in any way affiliated or partnered with supported wallet providers. Your use of each supported wallet provider's products and services is subject to its applicable terms of service. We will not be liable to you for any loss that results from your use of a supported wallet provider's products and services, including supported wallets.

NFTs may be purchased, sold, and/or traded on third-party marketplaces, exchange sites, or other platforms (collectively, "Third-Party Platforms"). Any transactions on a Third-Party Platform will be subject to the terms and conditions of the Third-Party Platform. We are not a party to any secondary transaction on a Third-Party Platform. We make no guarantee about the availability or functionality of any Third-Party Platform and your use of Third-Party Platforms are at your own risk. We have no liability to you or to any third party for any claims or damages that may arise as a result of your transaction or use of Third-Party Platforms.

The NFTs are currently available only on the Ethereum Blockchain. You will not be able to transfer your NFTs to any digital wallet that is not compatible with the Ethereum Blockchain. In the event that you inadvertently transfer a Digital Collectible to a digital wallet that is not compatible with the Ethereum Blockchain, your NFT may be lost or destroyed.

Xylocats, its licensors, and/or its designees may be entitled to receive transfer or other fees or royalties from your purchase or subsequent sale of any NFT. Xylocats may also charge for gas fees associated with your transaction.

6. Purchase of Physical Products; Returns

Xylocats may refuse to accept any order for any reason, including based on your geographic location. The price for any Physical Product purchased from the Website is not confirmed until your order is accepted by Xylocats. Although we strive to make our Website pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the Physical Product on the Website. While we try to ensure accuracy, we may at any time correct any errors in pricing or descriptions and cancel or refuse to accept any order based on an incorrect price or description.

You may not cancel any order for any Physical Product after our delivery to a commercial carrier. The risk of loss and title to any Physical Product purchased by you pass to you upon our delivery to a commercial carrier.

When you shop with us, we want you to be completely satisfied. If you are not satisfied with a purchase made at the Website, you may return it for an exchange or refund of the purchase price you paid minus all shipping charges provided that you comply with the following.

You may return only unused, undamaged, and unworn Physical Products purchased through the Website. In order to make a return, you must request a return merchandise authorization (RMA) by emailing [email protected]. Customers must receive an RMA before shipping returned Physical Products back. Once you have received an RMA, send your unused, undamaged, and unworn Physical Product to us within 14 days of shipment, along with a copy of your purchase receipt and your RMA to:

Xylocats
Attn: Privacy Policy Inquiries
P.O. Box 73
Orono, ME
04473

All costs of shipping will be born by you. Based on your return instructions in the RMA, we will issue you a credit to your credit card. We can only issue credit to the same credit card used for the purchase. If we believe that the Physical Product you've returned has been damaged, used, or worn, we will send it back to you. Shipping and handling charges are not refundable. We do not take title to returned Physical Product until the item arrives at our returns department.

If you have any questions about our returns process, please contact [email protected].

7. Taxes

If we determine that we are required under applicable law to collect or pay Sales Taxes, we will separately state the Sales Taxes on your invoice, and you agree to pay the Sales Taxes so invoiced. In the event you provide us with a valid exemption certificate, we will not invoice you for the applicable Sales Taxes. For the avoidance of doubt, you remain solely responsible for any taxes, duties or other assessments imposed on, or with respect to, your income, revenues, gross receipts, personnel, or property, including any taxes that may become payable as a result of your ownership, transfer, purchase, receipt, or sale of a Product.

8. User Accounts

If you own an NFT, you will need to register for an account with Xylocats to receive access to commercial rights, as set out in the NFT License. You may also need to register for an account to access or purchase any Products. Accounts may require a multi-factor authentication. When you register for an account, you must provide accurate account information and promptly update this information if it changes. If applicable, you may be required to show proof that you own the applicable NFT.

Access to your account is limited solely to you. You must not permit others to use your account credentials. You are solely responsible and liable for monitoring and maintaining the security of your account and will promptly notify us if you discover or suspect that someone has accessed your account without your permission. We are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You will not sell, rent, lease, or grant access to your account to any person without our prior written permission. You are responsible for the activities of any users that occur in connection with your account.

You will not use or attempt to use another user's account, or impersonate or otherwise misrepresent yourself or your affiliation with any other person or entity.

Without limiting our other rights hereunder, we may (a) reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames; and (b) immediately suspend and/or terminate your account, pause and/or cancel your access to our Products and/or Website, if we suspect, in our sole discretion, that (1) your account is being used for money laundering, to evade sanctions, or to engage in illegal activity, (2) you have concealed or provided false identification information or other details, (3) you have engaged in fraudulent activity, or (4) you have violated any Applicable Law or these Terms of Use.

9. User Communications

You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with Xylocats on the Website or by electronic mail, including any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other third-party right or Applicable Law. Xylocats does not endorse or sponsor any such User Communications submitted by you or other users of the Website. We may terminate and/or deny you access to the Website if we determine, in our sole discretion, that you are violating these Terms of Use or Applicable Law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or any other third party.

Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page on the Website ), all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit, or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution. You hereby grant to Xylocats and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You represent and warrant to us that you are entitled to transmit or post User Communications to the Website and have all relevant licenses and consents from any relevant third parties. Further, Xylocats is free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Website for any purpose whatsoever including developing, manufacturing, and marketing products.

You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate Applicable Law. Xylocats will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify Xylocats of any objectionable User Communications. We may remove any or all User Communications in our sole discretion.

10. Personal Information / Privacy Policy

We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy for details about what information we collect on this Website and how we use and share such information.

11. Termination, Suspension, Modification

We may suspend or terminate your use of the Website and/or your account at any time, for any reason or for no reason. We may change, suspend, or discontinue all or any aspect of the Website or any of our services at any time without notice. Additionally, we may cancel any order placed through the Website at any time in our sole discretion.

12. Third-Party Sites

The Website may contain links to other websites that are not owned, operated or controlled by Xylocats or its affiliates (each a "Third-Party Site"). "Third-Party Sites" also include Third-Party Platforms and supported wallet providers. All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Website. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third-Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Website, you do so entirely at your own risk.

If you intend to create any link from another website to any page on the Website, you will inform us via email at: [email protected]. We reserve the right to prohibit any such link at any time. Any permitted links to the Website must comply with all Applicable Laws and any applicable Xylocats policies. Running or displaying the Website or any Content in frames or similar means on another website without our prior written permission is prohibited.

13. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, ANY PRODUCTS, AND ANY CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT, AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XYLOCATS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, CONTENT, AND ANY PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. XYLOCATS MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE, CONTENT, OR PRODUCTS OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, RELIABLE, AVAILABLE, COMPLETE, OR ERROR FREE. XYLOCATS MAKES NO WARRANTY THAT THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING GENERAL DISCLAIMER, XYLOCATS SPECIFICALLY DISCLAIMS LIABILITY, AND YOU HEREBY WAIVE AND RELEASE XYLOCATS FROM ANY AND ALL CLAIMS, ARISING OUT OF OR IN CONNECTION WITH (A) ANY BLOCKCHAIN, CRYPTOCURRENCY, OR RELATED TECHNOLOGY; (B) ANY DIGITAL WALLET, OR SIMILAR TECHNOLOGY OR RELATED SERVICE; (C) THE TRANSFER OR LOSS OF ANY NFT OR THE INABILITY TO DEMONSTRATE OWNERSHIP OR CONTROL OF ANY NFT; (D) ANY MARKETPLACE OR OTHER PLATFORM FOR BUYING, SELLING, OR TRANSFERRING ANY NFT; (E) THE OPERATION OR COMPATIBILITY WITH ANY APPLICATION, SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE, WEBSITE, MARKETPLACE, OR PLATFORM; OR (F) ANY SERVER FAILURE OR DATA LOSS.

THIS SECTION 13 WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

14. Limitations of Liability

IN NO EVENT WILL XYLOCATS BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING ANY CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES AND ANY DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA, WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF OR RELATE TO THE WEBSITE, ANY CONTENT, OR ANY PRODUCTS, INCLUDING ANY ARISING FROM ANY TRANSACTIONS RELATING TO THE FOREGOING OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS ($100) AND ANY AMOUNT PAID BY YOU TO XYLOCATS FOR ANY PRODUCT PURCHASED BY YOU THROUGH THE WEBSITE.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 14 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

15. Indemnification

Except to the extent prohibited by Applicable Law, you agree to indemnify and hold harmless each of Xylocats, its affiliates, officers, directors, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising from or relating to (1) the use of this Website, any Content, or any Product, or by you or anyone using your account, (2) the violation of these Terms of Use or any Applicable Law by you or anyone using your account, (3) the violation, infringement, or misappropriation by you or anyone using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

16. Governing Law; Arbitration

We provide our Website from our offices within the United States. We make no representation that the Website, any Content, or any Product is appropriate, legal, or available for use in other locations. You may not use or export the Content or any Product in violation of United States export laws or regulations or any other Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any controversy or claim arising out of or relating to these Terms of Use, the Website or any Content, or your purchase of any Products shall be settled by arbitration administered by the American Arbitration Association under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted in a mutually agreed location unless the parties cannot agree on such location, in which case the arbitration will be conducted in Portland, Maine. YOU AND XYLOCATS AGREE THAT ANY ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR SIMILAR CONSOLIDATED ACTION. IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND XYLOCATS EACH WAIVE ANY RIGHT TO A JURY TRIAL. Notwithstanding any other provision in these Terms of Use, Xylocats may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.

17. Remedies for Breach of these Terms by You

Without limiting any other rights or remedies, in the event that Xylocats determines that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that Xylocats deems to be inappropriate or unacceptable, Xylocats may (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any User Communications; (iii) suspend or terminate your access to the Website or your account, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) take any other action which Xylocats deems to be appropriate.

If your ability to access and/or use the Website or any other service provided to you by Xylocats is suspended or terminated by us hereunder, then you shall not attempt to re-register with or access the Website or any Products, through use of a different member name or otherwise.

18. Copyright Complaints

We respect the intellectual property of others, and we expect users of the Website to do the same. Pursuant to Title 17 U.S.C. § 512(c), if you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:

Website Copyright Inquiry - Xylocats

Xylocats
Attn: Privacy Policy Inquiries
P.O. Box 73
Orono, ME
04473

or, via e-mail to: [email protected]

All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Website where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

19. Miscellaneous

In the event that any provision of these Terms of Use conflicts with Applicable Law, or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by Xylocats to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of Xylocats's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

You represent to Xylocats that you have the authority to access and use the Website according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Website) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email or by posting notice on the Website. You agree that any notices, disclosures, amendments or other communications provided to you electronically (including by posting on the Website) satisfy any requirement, legal or otherwise, that such communication be in writing.

Contact Us

We welcome your comments and questions. Please contact us at:

Very Official LLC dba Xylocats NFT Collection
Attn: Website Inquiriess
Attn: Privacy Policy Inquiries
P.O. Box 73
Orono, ME
04473