Terms of Use

Safe Queens LLC (“we”, “our” or “us”) operates the Safe Queens website (the “Site”), which provides an online marketplace for buyers and sellers of collectibles and antiques.

This Terms of Use Agreement (“Agreement”) includes our policy for acceptable use of the Site and governs your rights, obligations and restrictions regarding your use of the Site. You are only authorized to use the Site if you agree to abide by all applicable laws and this Agreement. By using the Site, you agree to be bound by this Agreement.

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy located here which explains how we collect and use your content and information. Please read the Privacy Policy.

In order to participate in certain services offered through the Site, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference, but such additional terms and conditions shall control solely for the applicable service.

We may modify this Agreement from time to time and such modification shall be effective upon posting to the Site. You will be deemed to have agreed to any such modifications by your further use of the Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Site immediately.

I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

In order to participate in our marketplace, you will be required to register an account (an “Account”). When creating or updating an Account, you are required to provide us with certain personal information, which may without limitation include your name, telephone number, credit card information and e-mail address. This information will be held and used in accordance with our Privacy Policy.

You may never use another user’s Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated. We reserve the right to terminate your Account if we determine that you have engaged in any of the foregoing activities.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Site requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “Safe Queens Providers”) due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account, and/or your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop

offering any features or services on the Site. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Site if we determine, in our sole discretion, that you have violated any of the terms of this Agreement or the Official Rules, or if your account has been inactive for 12 months or longer.

II. ONLINE CONDUCT

You, as a user, agree to use the Site only for lawful purposes. Specific prohibited activities include, but are not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. promoting illegal or tortious activities, promoting alcohol, tobacco, pseudo-pharmaceutical or prescription drugs, or conduct that is abusive, violent, threatening, obscene, sexually explicit, discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation, or age, defamatory or libelous;

3. attempting to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;

4. using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Site;

5. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below).

6. interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;

7. attempting to impersonate another user or person;

8. soliciting personal information from anyone under 18;

9. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

10. Attempting to create a username that personates another party, or is vulgar or offensive. We reserve the right to refuse registration or cancel an account if a user name falls into these categories.

11. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;

12. using any information obtained from the Site in order to harass, abuse, or harm another person;

13. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;

14. using the Site in a manner inconsistent with any and all laws and regulations, including U.S. export and re-export control laws and regulations.

15. Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account associated with your account to anyone.

16. Access or use a third-party account that has been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder of the original account creator.

17. Using a robot, spider, crawler, scraper, or other automated means or interface to access the Site or extract other user’s information.

18. Using or developing any third-party applications that interact with the Site or other users’ content or information without our written consent.

19. Using the Site in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site.

20. Attempting to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Site that you are not authorized to access.

21. Encouraging or promoting any activity that violates these Terms.

Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Site. Without limiting the foregoing, we also reserve the right to terminate any particular auction for any reason.

III. CONTENT

A. Proprietary Rights

With the exception of content posted by users of the Site (“User Content”), all materials contained on the Site, including all content, software, graphics, text and look and feel of the Site, and all trademarks (including SAFE QUEENS), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Safe Queens, LLC, our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Site, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Site, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Site and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Site. You agree not to use the Site for any other purpose.

B. Distribution/Uploading Of Content

You are prohibited from posting on or transmitting through the Site (e.g., through uploaded content, a chat or user forum, or comment posted through the Site) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.

Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Site any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.

By submitting User Content to us through the Site, including, without limitation, uploading any text, images or other material, choosing a username, or participation in any transactions, posts, chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the perpetual, royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute (including without limitation for marketing and historical purposes) your User Content on the Site as well as our other social media platforms, including without limitation Snapchat, Instagram, Twitter and YouTube, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform your User Content as permitted through the functionality of the Site and under this Agreement. The above licenses granted

by you in your User Content are perpetual and will only terminate if you’ve requested the removal or deletion of your User Content from the Site (such license will terminate within a commercially reasonable time after your request to remove or delete your User Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.

Subject to these grants, you retain any and all rights which may exist in your User Content.

We may disclose any of your User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; (iii) to protect the rights or property of Safe Queens, LLC and our officers, directors, employees and agents; or (iv) to protect any other user.

We may offer users the opportunity to provide feedback/suggestions to us on how they think the Site can improve. In the event that you provide us with any feedback regarding the Site, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Site (collectively, “Feedback”), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

C. Representations and Warranties

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content and to enable inclusion and use of your User Content in the manner contemplated by the Site and this Agreement. You further represent and warrant your User Content will not defame any third party and that the use of your User Content on the Site will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

D. Third-Party Content & User Content

You acknowledge that Safe Queens, LLC is an online service provider that may post content supplied by third parties and users. By using the Site, you may be exposed to User Content that is inaccurate, misleading, incomplete, offensive, indecent, or otherwise objectionable. We may not practice editorial control over the content posted by such third parties (including User Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Safe Queens, LLC or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Site by anyone other than Safe Queens, LLC. We shall have no obligation to resolve disputes among users or monitor the accuracy or proper use of any User Content.

Just as you retain complete ownership of your User Content (subject to the license to us granted above), all other users of the Site retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

IV. NOTICE OF INFRINGEMENT

Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Site constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: Info@safequeens.com To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

V. NON-COMMERCIAL USE

The Site is intended for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Site in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, is prohibited.

VI. ELECTRONIC COMMUNICATIONS

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

VII. LINKS

The Site may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.

VIII. THIRD-PARTY MERCHANTS / PROVIDERS

The Site may enable you to order and receive products, information and services from parties that are not affiliated with us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such parties are solely between you and such parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for your use of the Site.

In addition, the Site may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.

IX. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SAFE QUEENS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SITE WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SITE; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF SAFE QUEENS, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SMARTPHONE OPERATING COSTS OR NETWORK CHARGES INCURRED WHILE USING THE SITE, OR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SAFE QUEENS, LLC’S RECORDS, PROGRAMS, OR PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SAFE QUEENS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SITE AND TERMINATE YOUR ACCOUNT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE

ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

X. APPLICABLE LAW; JURISDICTION

The Site is created and controlled by us in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any provisions of California law that direct the choice of another state’s laws.

Subject to Section XI below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of the Site (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California Courts and agree not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

Any and all disputes, claims, and causes of action arising out of or in connection with the Site, or any prizes awarded, shall be resolved individually without resort to any form of class action.

XI. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

IN AGREEING TO ARBITRATION, THE PARTIES ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE ARISING FROM THIS AGREEMENT, EACH PARTY IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

XII. INDEMNITY

You agree to indemnify and hold Safe Queens, LLC, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above, and/or if your User Content causes us to be liable to another, and/or disclosure by you of a user’s personal information that was submitted to us, and/or arising from the use by you or anyone else of an item you purchased on the Site.

XIII. SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XIV. OTHER

This Agreement is deemed accepted upon any use of any of the Site. This Agreement constitutes the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

XV. SUPPORT

Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Site. To reach our customer support team, please e-mail us at info@safequeens.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

XVI. AGE OF USERS

We do not intend the Site to be used by minors under the age of 13. Furthermore, we do not market the Site for use by minors under the age of 13. If we learn that a user under the age of 13 has registered for an Account, that user’s Account will be terminated. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the Site. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.

Under no circumstances may anyone under the age of 21 (or 18, in certain cases) purchase firearms on our Site, as further set forth in our Buyer Agreement.

XIX. MODIFICATION

We reserve the right to make changes to the Site, posted policies and these Terms of Use at any time without notice other than the reposting of the modified Terms of Use so check back frequently. Please contact us at info@safequeens.com with any questions regarding this Agreement.