Last updated: June 23, 2021
Your Account With Us and Account Security
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.
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
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
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:
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.
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:
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 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.
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.
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.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
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: firstname.lastname@example.org.