IMPORTANT NOTICE:

THIS DOCUMENT CONTAINS LEGALLY BINDING TERMS THAT AFFECT YOUR RIGHTS. PLEASE READ CAREFULLY. THESE TERMS REQUIRE THE BINDING USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AND INCLUDE A WAIVER OF CLASS ACTION RIGHTS.

USING THIS WEBSITE REQUIRES AN AFFIRMATIVE ACT SIGNIFYING THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, SIMPLY DO NOT USE THE SITE.

1. SITE USAGE

These Terms of Service (“Terms”) govern your use of www.niftysworld.com (the “Site”), owned and operated by Nifty’s World Inc. and/or, one or more of its affiliated entities (“we,” “our,” or “us”). We may update these Terms at any time without prior notice. Your continued use of the Site constitutes your continued acceptance of all current terms and updates.

Please also review our Privacy Policy at https://niftysworld.com/privacy-policy.

2. MARKETPLACE SALES THROUGH TRI-POD

Unless otherwise specifically stated, all merchandise sold through the Nifty’s World Market is produced, processed, and fulfilled by our permitted, third-party print-on-demand provider, Tri-Pod. This includes, but is not limited to, Product orders and pricing; Shipping and Delivery; Payment processing in every form; all Customer Service.  By purchasing any merchandise via the Nifty’s World Market, you agree that all order sales, fulfillment and service-related matters are governed by Tri-Pod’s business and Fulfillment Policy, which can be found at https://www.tri-pod.com.

Nifty’s World Inc. (and its other affiliated entities, when applicable), is not responsible in any manner or for any reason for delays, product defects, order disputes, payment issues, or shipping matters associated with these transactions.

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

3. DIGITAL COLLECTIBLES (GIFTED ONLY)

Nifty’s World does not sell digital collectibles on this site. From time to time, we may gift NFTs or similar digital collectibles as part of promotions, events, or loyalty campaigns. If so, certain applicable provisions of these Terms shall become material, and additional terms may apply at the time of receipt or redemption.

4. AUGMENTED REALITY (AR) APPLICATION (APP) NOTICE: NIFTY’S WORLD APP

The Nifty’s World AR APP is available for download via the Apple App Store (iOS) and Google Play Store (Android). The App enables users to engage and interact with various location-based augmented reality (AR) experiences via their mobile device’s camera.

We do not collect or store any personal information through use of the App. The App does not request, store, or transmit user data such as names, contacts, precise geolocation, or media captured on the device. However, the App may require permission to access your device’s camera and motion sensors in order to enable the AR experience.

By using the App, you acknowledge and agree:

• You are solely responsible for the use of any photos, videos, or screen recordings you capture using the App. Certain copyright laws may apply.
• You must not use the App’s AR features in any way that is unlawful, invasive of anyone’s privacy, unsafe, or inappropriate in any way (without limitation e.g., recording people without consent, trespassing, or using while driving).
• That Nifty’s World Inc. specifically and expressly disclaims any and all liability, in any form or manner for harm, damages, mental, emotional or physical injury, or any other legal issues including, but not limited to, copyright, trademark, intellectual property infringements, negligence, contributory negligence, or any form of willful wrongdoing arising from, or in any way related to, your use or misuse of the App or its features.
• The use of the App, in every aspect, is at your own risk, regardless of whether any risks were or should have been foreseeable to you.

WHILE USING OR PREPARING TO USE THE APP – PAY ATTENTION, PLEASE BE AWARE OF YOUR SURROUNDINGS AT ALL TIMES, NOTE OTHERS WHO MAY BE AVAILABLE TO HELP LOOK OUT FOR YOUR SAFETY, AVOID PERSONAL PHYSICAL IMPAIRMENTS, AND ACT RESPONSIBLY AT ALL TIMES WHILE USING ANY AR, INCLUDING THE NIFTY’S WORLD AR APP.

5. DISCLAIMERS

Unfortunately, we cannot and do not guarantee uninterrupted access to the Site or that any content will be error-free or secure.

SPECIFICALLY AS TO NIFTY’S WORLD, INC., ALL CONTENT AND EXPERIENCES, PRODUCTS AND SERVICES PROMOTED, LISTED, OR ACCCESIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE THIRD-PARTY PROVIDER’S OR MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU (WHICH, IF AT ALL, IS HANDLED ENTIRELY BY TRI-POD).

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH YOUR USE OF THIS SITE, USE OF ANY AR-APP RELATED EXPERIENCES, YOUR PURCHASE OF ANY MERCHANDISE FROM A THRID-PARTY ASSOCIATE OPERATING ON THIS SITE WITH PERMISSION, OR FOR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.  EXCEPT AS RELATED TO NFT DIGITAL COLLECTIBLES (SPECIAL LIABILITY LIMITATION RULES MAY ALSO APPLY), OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Except where your assumption of risks expressly or impliedly applies, the limitation of liability set forth above shall: (i) only apply to the extent permitted by law, and (ii) do not apply to: (A) liability resulting directly from our own gross negligence or willful misconduct and, (B) death or bodily injury directly resulting from our specific acts or omissions.

7. INTELLECTUAL PROPERTY

This website contains copyrighted material, including branding, graphics, and creative assets, that is owned, licensed, consented to, or, in some instances, constitutes ‘fair use’ by Nifty’s World Inc. as provided for under U.S. Copyright Laws.  In accordance with Title 17 U.S.C. Section 107, the material on this Site is distributed.  The material on this Site, including that material incorporated into ant AR-App experiences, may not be copied, reproduced, or used in any form without prior express written permission of Nifty’s World Inc. and/or, as applicable, the originating rights holder. 

“Apple” and the Apple logo are trademarks of Apple Inc.; “Google Play” is a trademark of Google Inc.  “Tootsie Roll” (©2025 Tootsie Roll Industries, LLC”) is also a trademark of Tootsie Roll Industries, LLC, – Trademarks used with permission. All rights reserved worldwide.

Nifty’s World, Non-Fungible Art, OOHHWWEE, Vital Toys, 4Keeps Roses, Gearnami, Affilionics, Manhattan Street Capital, Ruf AI, Coin and Card Auctions, Zombie Mob Secret Society (ZMSS), Hostile Crypto, Deed Entertainment, Splendor, StarDawgs and all other product, service, experience and company names are trademarks™, and/or registered trademarks®, and/or copyrights© of their respective holders.  Use of them on the Site does not imply any affiliation or endorsement of them.

8. PRIVACY

We respect your privacy and are committed to protecting it. Please refer to our Privacy Policy (https://www.niftysworld.com/privacy-policy) for specific information on how we collect and use your personal data.

Our third-party merchandise associate, Tri-Pod’s handling of your personal information and data during any purchase is subject to their own separate Terms of Service and Privacy policies, which can be found at https://www.tri-pod.com.

Our Site contains links that lead to other websites. If you click on these links Nifty’s World Inc. is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the terms of use and privacy policy documentation of the website you go to from our Site.

IMPORTANT NOTICE TO ALL U.S. and NON-U.S. RESIDENTS

Despite our efforts to implement various data security measures that secure data and manage access, our servers are located in the U.S. and elsewhere.  Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your place or country of origin.  Unless otherwise expressly stated in the Site’s Privacy Policy, if you are located outside of the United States of America and choose to use the Site, you do so at your own risk.

9. GOVERNING LAW, DISPUTE RESOLUTION AND MEDIATION

Before initiating any arbitration proceeding, you and Nifty’s World Inc. agree to first attempt to resolve any dispute informally by engaging in good faith negotiations.  If the dispute cannot be resolved within 30 days of notice, the parties agree to submit the matter to non-binding mediation by a mutually agreeable retired judicial officer serving as a mediator. If mediation cannot be agreed upon, or is unsuccessful, then the matter will proceed to final and binding arbitration as described below:

These Terms are governed by the laws of the United States of America (including federal arbitration law) and the substantive, procedural and venue laws of the State of California, County of Los Angeles, USA, without regard to its principles of conflicts of law, and regardless of your location.

 Indemnification:  You shall defend, indemnify and hold harmless Nifty’s World Inc. and its affiliates, and its and their licensors, and its and their respective directors, officers, employees, licensors, content providers, agents and representatives, from any third-party claim or action arising from your breach, your enablement of a breach by others, or any alleged breach of these Terms or any unauthorized use of the content of the Site.

 If for any reason the binding arbitration dispute resolution provisions set forth below are determined to be invalid or unenforceable, any disputes relating to these Terms, any material, Digital Content, or a Digital Collectible (Terms and Conditions, if applicable), or any other aspect of the relationship between you and Nifty’s World Inc.  (and, if applicable, Nifty’s World Inc.’s affiliates, or licensors) relating to Nifty’s World Inc. ‘s materials and Digital Content, other than disputes that qualify for small claims court, shall be resolved solely under the overarching jurisdiction in the state or federal courts located in Los Angeles County, State of California, USA, and you hereby consent to the exclusive venue and jurisdiction of such state and federal courts, service of process, application of California substantive and procedural laws (regardless of any conflicts-of-law) and to waive any defenses of personal or subject matter jurisdiction, or forum non-conveniens.

EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS.

1. A. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE DIGITAL COLLECTIBLE (IF APPLICABLE), OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN YOU AND NIFTY’S WORLD INC.  (AND, IF APPLICABLE, NIFTY’S WORLD INC.’S AFFILIATES, OR LICENSORS), WHETHER BASED IN CONTRACT, TORT, ANY STATUTE, OR CLAIMS OF MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND NIFTY’S WORLD INC.  (AND, IF APPLICABLE, NIFTY’S WORLD INC.’S AFFILIATES, OR LICENSORS) EACH WAIVES THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.  YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
2. Unless otherwise agreed by all parties, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules, as amended by these Terms. The JAMS Streamlined Arbitration Rules are available online at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms set out in these Terms (including with respect to the class action waiver) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of an applicable governmental agency and, if and to the extent that the law allows, it can seek relief against us for you.

10. OPT-OUT OF ARBITRATION

(i)           OPTION TO “OPT OUT”. You may opt out of these arbitration and class action provisions by following the instructions below. If you do not opt-out, these terms will apply retroactively to all claims you may possess, whether asserted to date or not.  

(ii)         PROCEDURE TO OPT OUT OF ARBITRATION.  If you do not wish to agree to this arbitration and class action waiver agreement, you must, within thirty (30) days of your applicable purchase (or gift), send an e-mail containing your full name, address, identifying information for the applicable product (or gift), the date on which you acquired such product (or gift), and the words “OPT OUT ARB” in the body or subject line of the email to: info@niftysworld.com

11. NOTICES

TO YOU.              We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

TO US. To give us notice under these Terms, you must contact us as follows: (i) by e-mail to info@niftysworld.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Nifty’s World, Inc., 269 South Beverly Drive Suite 1046, Beverly Hills, CA, 90212, USA.

We may update the addresses, phone numbers or email addresses for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email, successful facsimile transmission, or by recognized “next-day” overnight courier will be effective the one business day after they are received. Notices provided by registered or certified mail will be effective three business days after they are received.

12. MISCELLANEOUS ADDITIONAL PROVISIONS

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting data transmission carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication embargo, breakdown or power outage.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Nifty’s World, Inc.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement.  Written/Digital Order confirmations, these Terms, our Terms of Service and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

No Assignments. You shall not assign, transfer, or otherwise dispose of these Terms and Conditions (including any of your rights or obligations under these Terms and Conditions), and any purported assignment, transfer or other disposition shall be null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Enforcement.  You agree that, in addition to Nifty’s World, Inc., any of Nifty’s World, Inc.’s affiliates and licensors associated with the specific Digital Content of the Site (or any NFT content, as applicable), will have the same rights to enforce these Terms and Conditions and any of its other rights hereunder against you.

These Terms and Conditions, Privacy Policy, or any aspect of the relationship between you and Nifty’s World, Inc. (or its affiliated entities or licensors) do not, and shall not be construed to create any partnership, joint venture, employment or agency between you and Nifty’s World, Inc. (or its affiliated entities, or licensors).