Terms of Use

Last updated: June 23, 2021

These Terms of Use (“Terms of Use”) constitute a binding agreement between you (“you” or “your”) and Nifty Royale (“Nifty Royale”, “we”, “our” or “us”).  By using our website www.niftyroyale.com (the “Site”), or our platform or applications (the “Services”), as a visitor or registered user, or by clicking your acceptance to our Terms of Use, you agree to be bound by our Terms of Use and our Privacy Policy which is incorporated into these Terms of Use by reference.  These Terms of Use and our Privacy Policy govern your access to and use of our Site and Services, including any content, data, functionality, and services offered on or through our Site or Services, whether you are a guest or a registered user.  If you do not agree with our Terms of Use or our Privacy Policy, you must not use or access our Site or Services.


BY ACCEPTING THESE TERMS OF USE, AS PROVIDED IN THE “ARBITRATION” SECTION BELOW, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.


Entire Agreement


As a user of our Site or Services, you may be required to create an account, or be given access to certain content provided by other users.  If you do so, these Terms of Use and our Privacy Policy comprise the sole and entire agreement between you and us regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Site and Services.  By using our Site and Services, you represent and warrant that you are of legal age to form a binding agreement with us.


Changes to Our Site, Services, or Terms of Use


We reserve the right to, in our sole discretion and at any time, update or modify the content of our Site or Services, or the features or functionality of the same.  We also reserve the right to, in our sole discretion and at any time, revise and update these Terms of Use.  All changes are effective immediately upon posting a revised version of these Terms of Use, and apply to all access to and use of our Site and Services.  As a user, your continued use of our Site and Services following the posting of a revised Terms of Use means that you accept and agree to the revised version.  We therefore encourage you to periodically check this page so you are aware of any changes, as they are binding on you.


Your Account With Us and Account Security


To access and use our Services, you may be asked to provide certain information to us to establish an account with us.  It is a condition of your use of our Site or Services that all the information you provide to us is accurate, current, and complete.  You agree that all information you provide to register with us or otherwise, including, but not limited to, through the use of any interactive features on the Site or Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must keep such information confidential, and you must not disclose it to anyone.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We reserve the right to cease, withdraw, or alter our Site or Services, and any information, data, content, service or material we provide through it, in our sole discretion, at any time, and with or without notice to you.  We will not be liable if, for any reason, all or any part of our Site or Service is unavailable for any period of time.  We may at times restrict access to some parts of our Site or Service, or the entire Service, to visitors or users, including registered users.  You are responsible for making any arrangements necessary for you to have access to the Site or Service and ensuring that all persons who access the Site or Service through your Internet connection are aware of these Terms of Use and comply with them.


We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.


Assumption of Risks


You acknowledge and agree that your access and use of our Site and Services is completely at your own risk, and that we are not responsible for providing you with any advice or recommendations regarding any digital or blockchain assets available on our Site or Services, or any actions you may take in connection with such digital or blockchain assets such as purchasing or selling the same.   You acknowledge and agree that we shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our Site or Services no matter how they are caused.


By using our Site or Services, You acknowledge and understand the following risks: (a) the prices and liquidity of digital or blockchain assets are extremely volatile and can vary greatly; (b) changes in laws or regulations may adversely affect the use, transfer, exchange, and value of digital or blockchain assets; (c) any transaction you engage in with digital or blockchain assets may be irreversible; and (d) that you may lose any investment in such digital or blockchain assets.  You also agree and understand that the foregoing list is not intended to be an exhaustive list of potential risks and that there may be other risks you assume by engaging in transactions involving digital or blockchain assets.


If you purchase a digital asset through our Site or Services, you agree and acknowledge that it is a signed and limited edition digital creation.  With your purchase, you acknowledge that you will be given the right to use, distribute and display the creation for non-commercial purposes. You may also re-sell the same non-commercial use rights, to the creation, through the secondary sales portal on the Battles page or any other marketplace.  Purchase of non-fungible tokens (NFTs) from a Drop entitles you to participate in the battle royale game for the corresponding Drop with a fair chance to win a 1/1 upgrade to replace the winning base NFT.  You acknowledge and agree that all sales are final.


You acknowledge and understand that our Site may rely upon third-party services such as MetaMask to conduct certain transactions.  If, for some reason, we cannot maintain our relationship with such third party services, your use of our Site or Services may be restricted or terminated completely.


Fees and Payments; Terms of Sale


If you engage in transactions through our Site or Services by buying or selling any digital assets, you will be required to pay all fees in connection with such transactions.  You, therefore, authorize us to facilitate the payment of any such fees and payments, including use of any third-party services such as MetaMask.


You also agree that by placing any orders through our Site or Services, you are submitting a binding offer to purchase or sell a digital or blockchain asset.  You acknowledge that all such sales shall be final.  You will also be solely responsible for determining if any taxes apply to the transactions you engage in on our Site or through our Services, and you shall be responsible for reporting or paying those taxes to the applicable government or taxing agencies.  We are not responsible for determining any such taxes and we do not withhold any sales, use, value-added, transfer or other taxes or penalties that apply to your transactions.  Any payments to you in connection with transactions on our Site or Services will be made without deduction or withholding of any taxes. 


Prohibited Uses of Our Site and Services


Your use of our Site and Services must be for lawful purposes only and must at all time be in compliance with our Terms of Use and Privacy Policy.  You agree and acknowledge that we have only granted to you a limited, non-exclusive, revocable, non-transferable, and without the right to sublicense, license to access and use our Site and Services solely for what they are intended for and subject to all the terms and conditions in these Terms of Use, our Privacy Policy, or any other terms and conditions we may notify you of from time-to-time.  You therefore agree not to use our Site or Services:

  • To engage in any price-fixing with other users in connection with any transactions offered or executed through our Site or Services;

  • In any manner that may violate any federal, state, local, or international law or regulation such as, for example, using our Site or Services for purposes of money laundering; 

  • To knowingly send, receive, upload, download, use, or re-use any data or material that does not comply with the User Restrictions set forth below;

  • To exploit, harm, or attempt to exploit or harm a minor person in any way by exposing them to inappropriate content, asking for their personally identifiable information, or otherwise;

  • To transmit, or cause the sending of, any unauthorized advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

  • To impersonate or attempt to impersonate us, one of our company employees, another user, or any other person or entity; or

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site or Services, or which, as determined by us, may harm our company or users of our Site or Services.

You also agree not to:

  • Try to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Site  or Services, or any server, computer, or database connected to our Site or Services, or otherwise attempt to interfere with the operation of our Site or Services;

  • Use any device or software that interferes with the proper operation of our Site or Services;

  • Use our Site or Services in any manner that could disable, overburden, or impair our Site or Services or interfere with any other user’s use of the same;

  • Use any robot, spider, or other automatic device, process, or means to access our Site or Services for any improper or unauthorized purpose; or

  • Use any process to monitor or copy any of the content or material on our Site or Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

User Restrictions


The following User Restrictions apply to your use of our Site or Service.  Any information or data you submit through our Site or Services must not:

  • Violate any rights of any other person or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Be deceptive or inaccurate or likely to deceive us or any other person.

  • Promote any illegal conduct, or advocate, promote, or assist any unlawful act.

  • Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Cause any harassment, annoyance, or inconvenience to any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

  • Give the impression that any submission emanates from or is endorsed by us or any other person or entity, if that is not the case.

  • Involve unauthorized commercial activities or sales.


User Submitted Content


As a user of our Site or Services, you may be able to submit information, data, or other content or materials, including possibly content or materials other users can view (“User Submitted Content”).  All User Submitted Content must comply with the User Restrictions above.  Any such User Submitted Content will be considered non-confidential and non-proprietary.  By providing such User Submitted Content, you grant us and our affiliates and service providers, the irrevocable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including but not limited to, the operation of our Site and Services.  You represent and warrant that: 

  • You own or control all rights in and to your User Submitted Content and have the right to grant the license granted above.

  • All of your User Submitted Content does and will comply with these Terms of Use and our Privacy Policy. 

You understand and acknowledge that you are responsible for any User Submitted Content you submit or contribute, and you, not us, will have full responsibility for such content, including its legality, reliability, and accuracy.  We are not responsible or liable to any third party for the content or accuracy of any User Submitted Content posted by you or any other user of our Site or our Services.


Monitoring and Enforcement; Termination

In connection with your use of our Site and Services, we reserve the right to:

  • Terminate or suspend your account or access to all or part of our Site or Services for any or no reason, including without limitation, any violation of these Terms of Use.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity.

  • Remove or refuse to post any User Submitted Content for any or no reason at our sole discretion.

  • Take any action with respect to any User Submitted Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submitted Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, or could create liability for us.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site or Services.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Site or Services.


YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.


We cannot and do not review all material before it is posted on our Site or Services, and we cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Reliance on Information or Content Posted


The information and content presented on or through our Site or Services is made available as provided by users.  As such, we do not warrant the accuracy, completeness, or usefulness of any such information or content.  Any reliance you place on such information or content is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of our Site or Services, or by anyone who may be informed of any of its contents.


Our Site or Services may also include content provided by third parties, including other users.  All statements and/or opinions expressed in such content and materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content or materials.  Such content or materials do not necessarily reflect our opinion(s).  We are therefore not responsible, or liable to you or any third party, for the content or accuracy of any materials or content provided by any third parties.


Ownership of Intellectual Property Rights


Our Site and Services and their entire contents, features, and functionality, including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us or our licensors, or other providers of such material and are protected by United States and international intellectual property laws.


These Terms of Use permit you to use our Site and Services for your use only and only for what they are meant for.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or Services, except as follows:

  • If you are engaged in the purchase or sale of a digital asset through our Site or Services,  you may display such digital asset on our Site subject to these Terms of Use.

  • Your computer or device may temporarily store copies of such materials in its cache incidental to your accessing and viewing those materials.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use and for the reasons we have provided it to you.

  • You may store files that are automatically cached by your Internet browser for display enhancement purposes.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any content or materials from our Site or Service.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Site or Services.

Please be advised that if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Site or Service in breach of these Terms of Use, your right to use the same will stop immediately and you must, at our sole option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Site or Services or any of their respective content is transferred to you, and all rights not expressly granted are reserved by us.  Any use of the Site or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


Trademarks


Our company name, any company logo(s), and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of our company or, as may be applicable, our affiliates or licensors.  You cannot use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Site or Services are the trademarks of their respective owners.


Third Party Links


If our Site or Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only.  We have no control over the content of such third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party services linked to from our Site or Service, you do so entirely at your own risk and subject to the terms and conditions of use for such third party services.


Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or from our Site or Services will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site or Services for any reconstruction of any lost data.


TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR SUBMITTED TO THE SITE OR SERVICES, OR ON ANY SERVICE LINKED TO IT.


YOUR USE OF THE SITE AND SERVICES, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME IS AT YOUR OWN RISK.  THE SITE, THE SERVICES, AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER OUR COMPANY NOR ANY PERSON ASSOCIATED WITH OUR COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER OUR COMPANY NOR ANYONE ASSOCIATED WITH OUR COMPANY REPRESENTS OR WARRANTS THAT THE SITE, THE SERVICES, OR THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, OUR COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.


WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF DIGITAL ASSETS ON THE SITE INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE.


THE DIGITAL ASSETS ON OUR SITE ARE INTANGIBLE ASSETS.  THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN A BLOCKCHAIN NETWORK.  ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN A BLOCKCHAIN PLATFORM.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability


TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OUR COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, ANY SERVICES LINKED TO THEM, ANY CONTENT ON THE SITE OR SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification


You agree to fully defend, indemnify, and hold harmless our company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site or Services, including, but not limited to, your User Submitted Content, any use of the Site’s content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site or our Services.


Governing Law and Jurisdiction


All matters relating to our Site and Services and these Terms of Use or our Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, our Privacy Policy, or our Site or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Jose, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use or our Privacy Policy in your state or country of residence or any other relevant state or country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Arbitration


At our sole discretion, we may require you to submit any disputes arising from these Terms of Use, our Privacy Policy, or use of the Site or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the State of California.


Limitation on Time to File Claims


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND WAIVED.


Waiver and Severability


No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on our part to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.


Your Questions and Concerns


Our Site and Services are operated by Nifty Royale.  If you have any questions or concerns, or any other feedback, comments, requests for technical support, and other communications relating to our Site or Services, you may email us at:  info@niftyroyale.com.