$BOWS

BOWS Terms

Last Updated: April 18, 2024

These BOWS Terms (these “Terms”) governs any transactions involving $BOWS (as defined in Section 1 below). If you (“you,” “your,” or “User”) have claimed any $BOWS from the BOWS website at https://www.bows.life/, you are referenced herein as “Type A User.” To the extent you hold $BOWS but have never claimed any $BOWS from the BOWS website, these Terms still apply to your holding and use of $BOWS (such Users are referred to herein as “Type B User”).  For the avoidance of doubt, Type B Users are not customers of Pinata (as defined in Section 1 below), as Type B Users have not claimed any $BOWS from the BOWS website.

By obtaining, holding or using $BOWS, you understand and expressly agree that you have read, understood and accept all of the terms and conditions contained in these Terms and you acknowledge and agree that you will be bound by these terms and policies, regardless of whether or not you are a customer of Pinata, and you acknowledge that you have reviewed and understand our Privacy Policy. Each Section of these Terms apply to both Type A Users and Type B Users, and any use of “you” or “your” refers to both Type A User and Type B User.

1. Scope of $BOWS and Key Terms

$BOWS is a memecoin, a type of digital token, issued by Pinata Technologies, Inc. (“Pinata”) that operates on each of the blockchains listed here (collectively, as of any date of determination, the “$BOWS Supported Blockchains,” and each such digital token, a “$BOWS”). Each $BOWS is owned by Pinata. When $BOWS is issued to a User, the holding of $BOWS represents a license, subject to the limitation set forth in these Terms, from Pinata to such User. Subject to and conditioned on your compliance with all terms and conditions set forth in these Terms, Pinata’s issuance to you of $BOWS will grant to you a limited, revocable license to hold such $BOWS and receive the benefit of such $BOWS while held by you. You expressly acknowledge and agree that you do not, at any time, own any $BOWS. You further acknowledge that there are no implied licenses granted under these Terms and that $BOWS may be revoked at any time by Pinata.

Your holding and use of $BOWS is subject to these Terms and Pinata’s obligations hereunder are conditional on you complying with its provisions. You understand that any violation of these Terms may result in potential consequences, including the possible freezing or revocation of your $BOWS.

You understand and agree that sending $BOWS to another digital wallet address (a “Digital Wallet”) automatically transfers and assigns to the owner of that Digital Wallet (a “Holder”), and any subsequent Holder, the right to hold and use such $BOWS, in each case, in accordance with these Terms.  

$BOWS is not designed to intrinsically create returns for Holders, increase in value, or otherwise accrue financial benefit to any Holder. Further, $BOWS does not itself generate any interest or return for its Holder. For the avoidance of doubt, these Terms only apply to $BOWS originally issued by Pinata.

2. Applicable Laws and Regulations; AML and CTF Compliance

Your holding and use of $BOWS is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions and sanctions.  You agree to act in compliance with and be legally bound by these Terms and all applicable laws and regulations. These Terms are conditional on your continued compliance at all times with these Terms and all applicable laws and regulations.

Applicable laws may require us to prevent Restricted Persons from holding any $BOWS. A Restricted Person means any person that is the subject or target of any sanctions, including a person that is:

  • named in any Sanctions-related list maintained by the U.S. Department of State; the U.S. Department of Commerce, including the Bureau of Industry and Security’s Entity List and Denied Persons List; or the U.S. Department of the Treasury, including the OFAC Specially Designated Nationals and Blocked Persons List, the Sectoral Sanctions Identifications List, and the Foreign Sanctions Evaders List; or any similar list maintained by any other relevant governmental authority;
  • located, organized or resident in a country, territory or geographical region which is itself the subject or target of any territory-wide Sanctions (a “Restricted Territory”) (currently, the Crimea region of Ukraine, Cuba, Iran, North Korea, and Syria); or
  • owned or controlled by any such person or persons listed above.

Our AML and CTF procedures are guided by all applicable laws and regulations regarding AML and CTF. These standards are designed to prevent the use of $BOWS for money laundering or terrorist financing activities. We take compliance very seriously and it is our policy to take all necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and any related acts that facilitate money laundering, terrorist financing or any other financial crimes.

3. Limitations

By holding or using $BOWS, you represent and warrant that:

  1. you are at least 18 years old, are not a Restricted Person, and are not holding $BOWS on behalf of a Restricted Person.  
  2. you will not be using $BOWS for any illegal activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, terrorism financing, other violent activities or any prohibited market practices, including, but not limited to, those listed under Sections 11 (Restricted Activities) and 12 (Prohibited Transactions). 

You also understand that there are additional representations and warranties made by you elsewhere in (or by reference in) these Terms and that any misrepresentation by you is a violation of these Terms.

If Pinata suspects or determines that you or any of your customers, as applicable, have violated these Terms, including, but not limited to, attempting to transact or transacting with Blocked Addresses (as defined in Section 9 (Risk Factors and Disclosures)) or attempting to engage or engaging in Restricted Activities or Prohibited Transactions, then Pinata may be forced to freeze or revoke your $BOWS. 

Notwithstanding the foregoing, Pinata may determine not to make $BOWS in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on your location.

4. $BOWS Support Only; Copies, Forks & Advanced Protocols Not Supported

If you attempt to send $BOWS to a Digital Wallet that does not support $BOWS, your $BOWS may be lost forever.  Pinata bears no responsibility for any losses you might incur as a result of you sending $BOWS to a Digital Wallet that does not support $BOWS.

As a result of the decentralized and open source nature of $BOWS it is possible that a party unaffiliated with Pinata could create an alternative, equivalent version of $BOWS either on one of the $BOWS Supported Blockchains or on an unsupported blockchain (a “copy”) that operate independently from $BOWS.  Similarly, it is possible that a party unaffiliated with Pinata may create an asset and purport that such asset is collateralized by or otherwise incorporates $BOWS into its design (a “wrapper”). Pinata supports only $BOWS and is under no obligation to support any copies of $BOWS or wrappers and assumes no responsibility for any value that might be lost as a result of this lack of support of copies of $BOWS. 

As a result of the decentralized and open source nature of the blockchains on which $BOWS is supported, it is possible that a party unaffiliated with Pinata could create an alternative version of the blockchain (a “fork”). Note that in the event of a fork of one of the $BOWS Supported Blockchains, Pinata may be forced to suspend all activities relating to $BOWS for an extended period of time until Pinata has determined in its sole discretion that such functionality can be restored (“Downtime”). This Downtime will likely occur immediately upon a “fork,” potentially with little to no warning, and during this period of Downtime you will not be able to conduct various activities involving $BOWS. In the event of a fork of one of the $BOWS Supported Blockchains, Pinata shall, in its sole discretion, determine which fork it will support, if any.    

5. $BOWS Supported Blockchains and Smart Contract Modifications

$BOWS operates on $BOWS Supported Blockchains.  Pinata does not have any ability or obligation to prevent or mitigate attacks or resolve any other issues that might arise with any $BOWS Supported Blockchain. Any such attacks or delays on any $BOWS Supported Blockchain might materially delay or prevent you from sending or receiving $BOWS, and Pinata shall bear no responsibility for any losses that result from such issues.

Note that in certain circumstances, including, but not limited to, a copy or fork of a $BOWS Supported Blockchain or the identification of a security issue with a $BOWS Supported Blockchain, Pinata may be forced to suspend all activities relating to $BOWS for an extended period of time until such Downtime is over. This Downtime will likely occur immediately upon a copy or fork of any $BOWS Supported Blockchain, potentially with little to no warning, and during this period of Downtime you will not be able to conduct various activities involving $BOWS.  

Pinata reserves the right to migrate $BOWS to another blockchain, protocol, or other technology in the future in its reasonable discretion. Upon Pinata’s request, you agree to take any and all actions reasonably necessary to effectuate the migration of your $BOWS to another blockchain, protocol, or other technology identified by Pinata. Pinata will not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by the parties, which you may suffer, sustain or incur, arising out of or relating to your failure to effectuate such migration of your $BOWS to another blockchain or protocol identified by Pinata.

6. Privacy

We are committed to protecting your personal information and helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy, as it provides details on how your personal information is collected, stored, protected, and used.

7. Communications

These Terms are provided to you and communicated in English and we will also communicate with you in English for all matters related to $BOWS.

8. Limited License; IP Rights

We grant the Holder of $BOWS a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of these Terms, to access and use $BOWS solely for approved purposes as determined by Pinata. Any other use of $BOWS is expressly prohibited. Pinata and its licensors reserve all rights in $BOWS and you agree that these Terms does not grant you any rights in or licenses to $BOWS except for the limited license set forth above. Except as expressly authorized by Pinata, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on $BOWS, in whole or in part. If you violate any portion of these Terms, your permission to access and use $BOWS may be terminated pursuant to these Terms. 

“Bows.life” and “BOWS” and all logos related to $BOWS are either trademarks, or registered marks of Pinata or its licensors. You may not copy, imitate, or use them without Pinata’s prior written consent. All right, title, and interest in and to the Pinata website, any content thereon, $BOWS, and all technology and any content created or derived from any of the foregoing is the exclusive property of Pinata and its licensors.

9. Risk Factors & Disclosures

The following list of risks associated with $BOWS is not exhaustive.

THIRD-PARTY PLATFORMS

$BOWS is based on open source software and runs on $BOWS Supported Blockchains. This means that third parties can elect to support $BOWS on their platforms without any authorization or approval by Pinata or anyone else.  As a result, $BOWS support on any third-party platform does not imply any endorsement by Pinata that such third-party services are valid, legal, stable or otherwise appropriate. Pinata is not responsible for any losses or other issues you might encounter using $BOWS on non-Pinata platforms.

Pinata cannot control how third parties quote or value $BOWS, and Pinata is not responsible for any losses or other issues that may result from fluctuations in the value of $BOWS.

YOU ACCEPT ALL CONSEQUENCES OF SENDING $BOWS

$BOWS transactions are not reversible by you. Once you send $BOWS to a Digital Wallet, you accept the risk that you may lose access to, and any claim on, that $BOWS indefinitely or permanently. For example, (i) an address for a Digital Wallet may have been entered incorrectly and the true owner of such address may never be discovered, (ii) you may not have (or subsequently lose) the private key associated with such address, (iii) an address for a Digital Wallet may belong to an individual or an entity that will not return the $BOWS, or (iv) an address for a Digital Wallet belongs to an individual or an entity that may return the $BOWS but first requires action on your part, such as verification of your identity. For the avoidance of doubt, nothing in these Terms is intended to obligate Pinata to track, verify or determine the provenance of $BOWS for Users, including any form of security interests claimed thereon.

BLOCKED ADDRESSES

Pinata reserves the right to “block” $BOWS from being transferred to certain Digital Wallets and freeze associated $BOWS (temporarily or permanently) that it determines, in its sole discretion, may be associated with illegal activity or activity that otherwise violates these Terms (“Blocked Addresses”). In the event that you send $BOWS to a Blocked Address, or receive $BOWS from a Blocked Address, Pinata may freeze or revoke such $BOWS and take steps it sees appropriate, in its sole and absolute discretion. In certain circumstances, Pinata may deem it necessary to report such suspected illegal activity to applicable law enforcement agencies and you may forfeit any rights associated with such $BOWS. Pinata may also be required to freeze or revoke $BOWS in the event it receives a legal order from a valid government authority requiring it to do so.

SOFTWARE PROTOCOLS AND OPERATIONAL CHALLENGES

You are aware of and accept the risk of operational challenges. Pinata may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the use of $BOWS. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Pinata accountable for any related losses.

COMPLIANCE

You are responsible for complying with applicable law. You agree that Pinata is not responsible for determining whether or which laws may apply to your transactions, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of $BOWS, including any accurate reporting of the tax or legal status of $BOWS in your jurisdiction.

LEGISLATIVE AND REGULATORY CHANGES

Legislative and regulatory changes or actions at the U.S. state, U.S. federal, or international level may adversely affect the use, transfer and/or value of $BOWS.

NO DEPOSIT INSURANCE

$BOWS is not subject to deposit insurance protection, including, but not limited to: (i) where your country of residence is the United States, the Federal Deposit Insurance Corporation insurance or Securities Investor Protection Corporation protections; or (ii) where your country of residence is outside of the United States, an equivalent scheme in your country of residence.

ENCUMBRANCES

Depending on the actions of the holders of $BOWS before your receipt of such $BOWS from another Digital Wallet, it is possible that $BOWS in your Digital Wallet may become subject to a lien or other form of security interest. You agree not to hold Pinata accountable for any related losses due to the previous holders of such $BOWS.

TRANSACTIONS IRREVERSIBLE

When $BOWS are sent to another Digital Wallet, such transaction is completed on $BOWS Supported Blockchains. You bear all responsibility for any losses that might be incurred as a result of sending $BOWS to an incorrect or unintended Digital Wallet.

AFFILIATE ACTIVITIES

You understand and agree that individuals or entities affiliated with Pinata may hold, purchase, sell, or otherwise engage in transactions using or involving $BOWS.  You further understand and agree that such persons may engage in this activity for any reason, including but not limited to engaging in commercial transactions, promoting transaction activity that utilizes $BOWS, or otherwise supporting the use or adoption of $BOWS.  You understand and agree that no individual or entity, whether affiliated with Pinata or otherwise, is under any obligation to engage in these activities, and they may be discontinued at any time.  

10. Third Parties

You understand and agree that Pinata does not control any products or services sold or offered by third parties using $BOWS.  Pinata is not liable for any losses or issues that may arise from such third-party transactions, including, but not limited to, failure to comply with applicable law and regulations (including any consequences for illegal transactions that might be triggered under these Terms). If you are not satisfied with any goods or services purchased from a third party using $BOWS, you must handle those issues directly with the third-party seller.

11. Restricted Activities

In connection with your holding or use of $BOWS, you hereby agree that you will not:

  1. violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
  2. intentionally try to defraud (or assist in the defrauding of) Pinata or other Users;
  3. provide false, inaccurate, or misleading information;
  4. take any action that interferes with, intercepts, or expropriates any system, data, or information;
  5. partake in any transaction involving the proceeds of illegal activity;
  6. transmit or upload any virus, worm, or other malicious software or program;
  7. attempt to gain unauthorized access to the Pinata website, or any related networks or systems;
  8. collect any User information from other Users, including, without limitation, email addresses;
  9. defame, harass, or violate the privacy or intellectual property rights of Pinata or any other Users;
  10. violating our Acceptable Use Policy; or
  11. upload, display or transmit any messages, photos, videos or other media that contain illegal goods, violent, obscene or copyrighted images or materials (collectively, such activities are referred to herein as “Restricted Activities”).

12. Prohibited Transactions

Using $BOWS for transactions related to the following is prohibited, and Pinata reserves the right to monitor and, if appropriate, block or otherwise prevent transactions that relate to:

  1. any Restricted Persons;
  2. weapons of any kind, including but not limited to firearms, ammunition, knives, explosives, or related accessories;
  3. controlled substances, including but not limited to narcotics, prescription drugs, steroids, or related paraphernalia or accessories, unless licensed and authorized by the jurisdiction in which the User is based as well as by the jurisdiction in which the transaction takes place;
  4. gambling activities including, but not limited to, sports betting, casino games, horse racing, dog racing, games that may be classified as gambling, or other activities that facilitate any of the foregoing, unless licensed and authorized by the jurisdiction in which the User is based as well as by the jurisdiction in which the transaction takes place;
  5. money-laundering or terrorist financing;
  6. any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program;
  7. goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
  8. credit repair services, or other services that may present consumer protection risks;
  9. court ordered payments, structured settlements, tax payments, or tax settlements;
  10. any unlicensed money transmitter activity;
  11. layaway systems, or annuities;
  12. counterfeit goods, including but not limited to fake or “novelty” IDs;
  13. wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit;
  14. purchasing goods of any type from “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods); or
  15. any other matters, goods, or services that from time to time we communicate to you that are unacceptable and which, for example, may be restricted by our and your bank or payment partners (such transactions, “Prohibited Transactions”).

In the event that Pinata learns you are making any such Prohibited Transactions, Pinata will consider it to be a violation of these Terms and may also suspend or terminate your license to use $BOWS.

13. Indemnification; Release

You agree to indemnify and hold Pinata, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees or penalties imposed by any regulatory authority) arising out of your breach of these Terms, your violation of any law or regulation or your holding or use of $BOWS.

For the purpose of this Section, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section which are the result of the matters set out in this Section and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).

If you have a dispute with one or more Users or third parties, you release Pinata (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees and representatives) from all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

14. Limitation of Liability; No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PINATA AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PINATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO HOLD OR USE $BOWS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO INVOLVING $BOWS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER INVOLVING $BOWS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH $BOWS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE HOLDING AND USE OF $BOWS.

$BOWS IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED ORSTATUTORY. PINATA, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PINATA MAKES NO WARRANTY THAT: (I) $BOWS WILL MEET YOUR REQUIREMENTS; (II) $BOWS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

15. Force Majeure

Pinata shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.

16. Amendments

Pinata may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you access or use $BOWS after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of $BOWS. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms.

If the revised Terms includes a material change, we will provide you with prior notice via our website and/or email before the material change becomes effective. For this purpose a “material change” means a significant change other than changes that (i) are to your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or service made available to you, or (iv) otherwise clarifies an existing term.

17. Assignment and Third-Party Holders

You may not transfer or assign these Terms or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void, subject to the following exception. Sending $BOWS to a Digital Wallet will automatically transfer and assign to that Holder, and any subsequent Holder, the rights related to such $BOWS.

Each Holder is subject to all terms of these Terms as if a User including, but not limited to, the requirements to not transact with Blocked Addresses and not engage in Restricted Activities or Prohibited Transactions.

We reserve the right to freely assign these Terms and the rights and obligations of these Terms to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop holding and using $BOWS.

18. Support

Please contact Pinata support at team@pinata.cloud to report any violations of these Terms or to ask any questions regarding these Terms or $BOWS, as applicable.

19. Survival

Upon termination of these Terms, all rights and obligations of the parties that by their nature are continuing will survive such termination.

20. Website; Third Party Content

Pinata strives to provide accurate and reliable information and content on the Pinata website, but such information may not always be correct, complete, or up to date. Pinata will update the information on the Pinata website as necessary to provide you with the most up to date information, but you should always independently verify such information. The Pinata website may also contain links to third-party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by Pinata of any products or services. Pinata shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Pinata website or in any Third Party Content.

21. Legal Compliance

$BOWS may be subject to AML and CTF provisions, including Sanctions. By holding or using $BOWS, you represent and warrant that your actions are not in violation of Sanctions. Without limiting the foregoing, you may not hold or use $BOWS if you are a Restricted Person or intend to transact with or on behalf of any Restricted Persons.

22. Governing Law; Venue

The laws of the State of Delaware and applicable United States federal law, including the Federal Arbitration Action as specified herein, shall govern these Terms.

23. Entire Agreement

The failure of Pinata to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties, except as specified in Section 16 (Amendments). Furthermore, if any portion of these Terms, whether in whole, or in part, shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid against certain persons or categories of persons that are purportedly bound by these Terms, such portion of these Terms shall otherwise remain in full force and effect and remain enforceable as to any other persons bound by these terms.  The headings and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. These Terms and Pinata’s policies governing the holding or use of $BOWS and thePrivacy Policy constitute the entire agreement between you and Pinata with respect to the holding or use of $BOWS. These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and Pinata and other Pinata affiliates which each shall be a third-party beneficiary of these Terms, and no other person shall assert any rights as a third-party beneficiary hereunder.     

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