Terms of Service

Terms of Service

Effective Date: December 8th, 2025
Last Updated: December 8th, 2025

Welcome to our OnlyBanned Terms of Service (“Terms”). These Terms are provided by ShiftMark Solutions and our affiliates (referred to as “we”, “us”, “our” and “OnlyBanned”) and govern your use of this and our other websites, webpages, whitelabels, platforms, applications, products and services (collectively, our “Site”). Throughout these Terms, we will refer to you as “you” and “User”. If you use the Site to engage with your community as a content creator, we will refer to you as “you” and “Creator”. These Terms constitute a binding, legal agreement between you and us and apply to all Users who access or use our Site. If you are agreeing to these Terms and using the Site on behalf of ‎a corporation, partnership, or other legal entity, you represent ‎that you have all required legal rights and authority to bind that ‎entity to these terms. In such a case, any further reference to “you” or “User” ‎in these Terms means that other legal entity.‎

OUR SITE IS STILL IN ITS PRE-RELEASE BETA TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF THIS BETA TESTING IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFY DEFECTS. ANY DOWNLOADING OR UPLOADING OF MATERIAL TO OR FROM OUR SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. OUR SITE MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO ITS GENERAL COMMERCIAL RELEASE, NEVER RELEASED, OR WITHDRAWN AFTER RELEASE. THE PROGRESS, DATA, PURCHASES AND DIGITAL ASSETS (DEFINED BELOW) ACQUIRED DURING THIS BETA PERIOD MAY BE ALTERED, REDUCED, DELETED OR INACCESSIBLE WHEN OUR SITE IS FULLY RELEASED. BETA ACCOUNT PROGRESS AND ASSETS MAY ALSO BE RESET AT ANY TIME WITHOUT NOTICE TO ACCOMMODATE TESTING NEEDS.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ‎REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, ‎VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US.‎

You may have the opportunity on our Site to earn, buy, trade, donate, exchange and otherwise use various digital currencies, non-fungible tokens and other assets, including USDC and assets native to OnlyBanned like $ONLYBANNED (collectively, “Digital Assets”). As with any asset, the value of Digital Assets can go up or down, and there can be a substantial risk that you lose value buying, trading, donating and exchanging Digital Assets. You should carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition. OnlyBanned does not offer securities services in any jurisdiction and is not registered with any securities regulators.

Certain portions, features, or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this agreement; in the event of such a conflict, the Additional Rules will control.

FOR RESIDENTS OUTSIDE OF CANADA, THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION SECTION, WHICH INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THIS USER AGREEMENT YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY COLLECTIVE ACTION, WHETHER THAT BE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

BY CLICKING “I AGREE TO THE TERMS OF SERVICE”, OR BY USING OR ACCESSING THE SITE, YOU REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH FORMS AN ESSENTIAL PART OF THESE TERMS. YOU MAY NOT USE THE SITE FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY OR IF YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE BY LOCAL LAWS WHICH ARE APPLICABLE TO YOU, YOU MUST NOT ACCESS OR USE THE SITE.

1. Changes to our Site

We may update our Site often, and the effective date of these Terms will be included at the top of this webpage (“Effective Date”).

The information and material on our Site, and any portion of the Site itself, may be changed, withdrawn, or terminated at any time in our sole and absolute discretion and without advance notice to you. You acknowledge that this may impact the use, functionality, or value of Digital Assets. You agree that we will not be liable if, for any reason, all or any part of the Site is changed, withdrawn, terminated, restricted to users, or unavailable at any time or for any period or if such restriction or unavailability impacts the use, functionality, or value of the Digital Assets.

Your continued use of the Site after the Effective Date constitutes your acceptance of any amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site and to print out a copy of these Terms for your records. If you have any questions about these Terms, please send an email to support@onlybanned.com.

2. Your Limited Right to Use Our Site

Subject to these Terms, we grant you permission to use our Site strictly on a non-exclusive, non-transferable, and limited basis for your own personal and noncommercial use. Neither the Site nor any portion of the Site or any Content (defined below) may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single device for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands.

In the event that we offer downloads of software from our Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”), are licensed to you by us or third-party licensors for your personal, noncommercial use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

3. Account Creation

We may need some information from you to get you set up with an account on our Site, including your name and contact information such as your mobile phone number, email address and social media handles. The information that you provide may be subject to additional verification. You may be able to access the Site by logging in with your social media accounts or linking to other social media platforms, in which case such accounts and platforms may pass such information directly to us. You agree that you will provide us with accurate, true, and complete information about yourself whenever you are prompted to provide us with information, and that you will update such information whenever it changes. Your failure to do so may constitute a breach of these Terms.

You agree that you will maintain the security of all information that you provide to us, and that it is solely your responsibility to keep your username, passwords, devices used to access the Site, and all other materials secure and confidential. We assume that any transaction initiated or activity that takes place through your account using your credentials is authorized by you. If you become aware of any unauthorized access to your account or any transaction made through your account that was not authorized by you, it is your responsibility to let us know immediately by contacting us at support@onlybanned.com. It is important that you regularly check your account to ensure that all activity that occurs on it was authorized by you. We are not liable for any damages or losses that you incur due to unauthorized access. You may not sell or otherwise transfer your account or any portion thereof.

4. Digital Assets

Digital Assets are designed as an entertainment product and are not intended to be investments or to be used for investment purposes. Like all products similar to the Digital Assets, they can vary in composition, rarity, and the rights associated with them.

Digital Assets are not legal tender and are not backed or insured by any government. Digital Assets have no inherent value and, like physical collectibles, may have a subjective value on secondary markets.

‍While the Site may provide information about the estimated value of Digital Assets, including USDC and $ONLYBANNED, and may include information about their historical value, the fiat value of all Digital Assets are subject to volatility and change, and Digital Assets could lose their value, both on an individual as well as a network-wide basis. OnlyBanned does not directly control and is not responsible for the value of any Digital Assets and makes no guarantee, express or implied, of their value in fiat. In addition, Digital Assets that you may use on the Site may not be freely tradable or exchangeable outside of the Site. You acknowledge and agree that any purchase of or transaction in Digital Assets conducted by you or on your behalf is made voluntarily, willfully, and exclusively at your own risk.

In addition, you acknowledge and agree that OnlyBanned does not offer securities-related services in any jurisdiction. You also acknowledge and understand that OnlyBanned is not a money transmitter and works with third party licensed money transmitter and compliance services entities to conduct regulated transactions, if any. OnlyBanned does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Site do not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. OnlyBanned makes no recommendation and, apart from providing estimated value or historical value data in certain circumstances, does not provide any advice about the actual present fiat value of any Digital Asset.

Transactions that involve cryptocurrency or Digital Assets that occur on the Site may be managed, processed, and confirmed by third parties and as such, any such transactions are subject to any applicable provisions of such parties. We reserve the right to change the method by which cryptocurrency currency transactions are processed at any time.

‎DUE TO THE NATURE OF BLOCKCHAIN TECHNOLOGY, WE DO NOT HAVE ANY CONTROL OVER ANY CRYPTOCURRENCY OR DIGITAL ASSET TRANSACTIONS THAT ARE MADE ONCHAIN. YOU ACKNOWLEDGE THAT IT IS NOT TECHNOLOGICALLY POSSIBLE FOR US TO REVERSE SUCH TRANSACTIONS. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT PROVIDE REFUNDS OR EXCHANGES FOR TRANSACTIONS CONDUCTED ON THE SITE.

5. Transactions; Limitations

You will be able to earn and transact with Digital Assets through the Site and may have the opportunity to use Digital Assets to transact with other Digital Assets, or engage in various transactions through mainnet protocols. You may be able to connect your mainnet wallet to the Site and transact with Digital Assets from your mainnet wallet on the Site. You may be charged fees for certain transactions, and if so, such fees will be disclosed to you. In addition, you may be required to provide information prior to the completion of a transaction for purposes of identity verification and detection and prevention of fraud, money laundering, terrorist financing and other financial crimes. OnlyBanned reserves the right to cancel or reject any transaction for which you provide incomplete or incorrect information, or that you do not confirm within a reasonable time following your initiation of the transaction.

PLEASE NOTE: Your ability to use all features on the Site may be limited, depending on your place of residence. Because of jurisdictional restrictions, while you may be able to connect your mainnet wallet or transaction with USDC, $ONLYBANNED, or other Digital Assets on the Site, and otherwise interact with the Site, you may be restricted from certain other transactions, and accordingly, any value you hold or acquire on the Site will be locked. Please contact support@onlybanned.com for further information.

6. Content; Responsibility for Content

You are solely responsible for any content, including but not limited to images, videos, text, audio, and other material (collectively, “Content”) that you upload, share, transmit, or display on or through the Site. By posting or submitting Content, you represent and warrant that you own or have all necessary rights, licenses, and permissions to use and authorize OnlyBanned to use the Content in accordance with these Terms.

You understand and agree that OnlyBanned is not responsible for Content posted by you or other Users, and OnlyBanned does not endorse any Content submitted by Users. OnlyBanned has the right, but not the obligation, to remove, restrict, or refuse to post Content that violates these Terms or any applicable law.

You retain ownership of your Content, but by posting Content on the Site, you grant OnlyBanned a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, distribute, display, perform, and create derivative works of such Content for the purpose of operating, promoting, and improving the Site.

7. Acceptable Use

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any manner that could damage, disable, overburden, or impair the Site;

  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;

  • Transmit any viruses, worms, malware, or other harmful code;

  • Use the Site to harass, abuse, or harm another person or entity;

  • Use the Site to collect or track personal information about others without their consent;

  • Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable;

  • Engage in any activity that violates applicable laws, regulations, or third-party rights.

OnlyBanned reserves the right to terminate or suspend your access to the Site if you violate these Terms or otherwise engage in unacceptable use.

8. Intellectual Property Rights

All materials, content, software, technology, and services on the Site are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except as explicitly permitted in these Terms, you may not copy, reproduce, distribute, sell, trade, or exploit any portion of the Site or its Content without our prior written consent.

You acknowledge that OnlyBanned and its licensors retain all rights, title, and interest in and to the Site and its Content. Any feedback, suggestions, or ideas provided by you regarding the Site may be used by OnlyBanned without any obligation or compensation to you.

9. Privacy and Data Protection

Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and share information about you. By using the Site, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

We implement reasonable administrative, technical, and physical safeguards to protect your information. However, you acknowledge that no method of transmission or storage over the Internet is completely secure and we cannot guarantee absolute security of your information.

10. Third-Party Services

The Site may contain links to third-party websites, applications, or services. OnlyBanned does not control these third-party services and is not responsible for their content, products, services, or privacy practices. You access third-party services at your own risk and agree that OnlyBanned is not responsible or liable for any loss or damage incurred as a result of your use of such services.

11. Disclaimers

THE SITE, CONTENT, DIGITAL ASSETS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ONLYBANNED DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. ONLYBANNED IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONLYBANNED OR ITS AFFILIATES, LICENSORS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR RELATING TO THE SITE, CONTENT, DIGITAL ASSETS, OR SERVICES.

13. Indemnification

You agree to indemnify, defend, and hold harmless OnlyBanned, ShiftMark Solutions, and their affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use of the Site;

  • Your violation of these Terms;

  • Your violation of any law or the rights of a third party;

  • Your Content or conduct on the Site.

14. Termination

We may suspend or terminate your account or access to the Site at any time for any reason, including violation of these Terms, suspected fraud, or inactivity. Upon termination, all licenses granted to you will immediately cease, and you must delete or destroy any copies of Content or materials obtained from the Site.

Sections that by their nature should survive termination, including but not limited to disclaimers, limitation of liability, indemnification, and dispute resolution provisions, will survive.

15. Governing Law

These Terms, including any disputes, claims, or causes of action, shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law principles.

16. Dispute Resolution

For Users outside of Canada: By agreeing to these Terms, you and OnlyBanned agree to resolve all disputes through binding individual arbitration, and you waive your right to participate in a class action or any collective proceeding.

For all Users: Any dispute arising out of or relating to these Terms or your use of the Site that cannot be resolved through good faith negotiations shall first be submitted to non-binding mediation administered by a mutually agreed-upon mediator. If mediation does not resolve the dispute, the dispute will be finally resolved by binding arbitration in British Columbia, Canada, in accordance with the rules of the chosen arbitration service.

17. Modifications to Terms

We may modify these Terms at any time by posting revised Terms on the Site. The revised Terms will be effective immediately upon posting. Your continued use of the Site constitutes your acceptance of the revised Terms.

18. Entire Agreement

These Terms, together with the Privacy Policy and any Additional Rules, constitute the entire agreement between you and OnlyBanned regarding your use of the Site and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, regarding the Site.

19. Waiver and Severability

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. If any provision is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@onlybanned.com