Terms & Conditions
Effective: 19 December 2021
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for META BROTHERS LLC (“Company”)
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These Terms and Conditions were last updated on 3 May 2022.​​
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These Terms govern any access or use of the website at https://gems.houseoflegends.io/, any other website and marketplace operated or made available by and for House of Legends NFT, and all services associated to House of Legends NFT (hereinafter collectively referred to as the “Website”) as well as your use of House of Legends NFT, and products and services associated to it including but not limited to the original art, design, and/or drawings embodied in the underlying House of Legends NFT.
Your purchase and ownership of House of Legends NFT are governed by these Terms, Terms and Conditions with all Declaimers published on the House of Legends website located at https://www.houseoflegends.art/, by the terms of OpenSea, Coinbase or any other platform where House of Legends NFT is offered for sale, which are incorporated herein by reference (collectively the “Terms”). In case of any inconsistency between the terms listed above, the forgoing Terms set forth in this document shall prevail. Please review all the terms listed above carefully. If you do not wish to abide by these Terms you may not purchase House of Legends NFT.
Who We Are
META BROTHERS LLC, the company registered and functioning under the law of the United States of America with headquarters at 12 Fuller Dr West Hartford, CT, 06117 USA, allowing Users to purchase House of Legends NFTs.
References to “Company”, “we” and “our” throughout these Terms collectively refer to the aforementioned legal entity, and references to “User”, “you” and “your” throughout these Terms collectively refer to any User using the Website.
Website is for House of Legends NFT – non-fungible tokens with creative artworks created by Company and launched on the Blockchain digital network.
Your Consent
You acknowledge and agree that by accessing or using Website, you are indicating that you have read, understand and agree to these Terms and to be bound by them.
User
Website accepts Users only from those countries where purchasing digital collectibles such as NFTs and its benefits are legal. You are solely responsible for determining whether your accessing and/or use of Website and/or purchasing House of Legends NFTs is compliant with applicable laws in your jurisdiction and you warrant to us that such activity is allowed by laws of the territory where you reside. Any claim against Company brought by you for any reason whatsoever in regard to the above mentioned will be considered void and shall not be accepted.
In order to use any of our products and services, you shall not be, or be located in a country subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which this Website or OpenSea platform is available, or that has been designated by the United States government, the UK, European Union, or any EU country as a "terrorist supporting" country; or/and be listed on any United States government, the UK, European Union, or any EU country list of prohibited or restricted parties.
Legal Age
Website is not intended for children. You must be at least 18 years old to access this Website or any of our services. If you are under 18 years old you are not permitted to use this Website for any reason. By accessing the Website, you represent and warrant that you are at least 18 years of age. You declare that you have reached the age of majority and therefore have the right to make decisions regarding transactions on the Website and purchase of House of Legend NFT. It is your sole responsibility to inquire about the existing laws and regulations regarding the age limitation for the activities available on the Website in the jurisdiction of the territory where you reside.
Ownership on House of Legends NFT
By purchasing House of Legends NFT, you become an owner of the underlying non-fungible token and holder of the rights on the underlying artwork granted herein. Any change of ownership of House of Legends NFT is mediated entirely by smart contracts without any interference of the Company.
You are entirely responsible for the safety and management of your own private wallets and validating all relevant transactions and contracts before approval. Furthermore, as the respective smart contracts run on the Ethereum platform, there is no ability, to undo, reverse, or restore any transactions.
You acknowledge and understand that by purchasing House of Legends NFT you are not acquiring any equity or other ownership or profit-sharing interest in the Company or House of Legends, or any of their affiliates or any brand or other business venture.
Rights Granted
Subject to your continued compliance with these Terms, Company grants you a worldwide, non-transferable and non-sublicensable license to use, copy, and display the underlying artwork of the purchased House of Legends NFT for the following types of uses:
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as long as you own House of Legends NFT, in a marketplace which verifies each owner’s rights to display and remove the respective artwork to ensure that only the actual owner can display and remove the artwork and permits the purchase and sale of House of Legends NFT;
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as long as you own House of Legends NFT, in a third-party website or application which verifies each owner’s rights to display and remove the respective artwork to ensure that only the actual owner can display and remove the artwork and permits the inclusion of House of Legends NFT;
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to earn revenue from any of the above; and
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to use House of Legends NFT for a personal, non-commercial use. Hereinafter the “Rights Granted”.
Rights Granted herein applies only to the extent that you continue to own the purchased House of Legends NFT. If at any time you sell, trade, donate, give away, or otherwise transfer ownership of your House of Legends NFT for any reason, the rights granted herein will immediately be transferred to the new owner with respect to that House of Legends NFT without the requirement of notice, and you will have no further rights in or to the artwork associated with that House of Legends NFT.
Restrictions
You agree not to use the House of Legends NFT in connection with images, videos, or other forms of media that depict hatred, sex acts, pornography, racism, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others.
For the avoidance of doubt, nothing herein gives you any rights to (i) create and sell derivatives of the House of Legends NFT, or (iii) distort or otherwise modify it or any of its parts, its colors, design, etc. (ii) use any trademarks, brand names, logos or other intellectual property rights belonging to the Company.
You may not, and may not allow any third party to use name, pseudonym and/or likeness authors/artists of House of Legends NFT, brand name of the Company and House of Legends, logos or other IP and assets in any kind of activities that may lead to misleading costumers or/and false association, false endorsement, etc.
Notwithstanding anything contrary, Company retains all rights necessary to exploit any House of Legends NFT in any commercial and non-commercial way, and build new partnerships and collaborations with regard to any House of Legends NFT. Unless Company permits otherwise in writing, you are not entitled to any royalties or any other proceedings coming from such commercialization, partnerships and collaborations. You hereby irrevocably waive right to make any claim against Company or any third party authorized by Company to exploit House of Legends NFT based on activities, partnerships and collaborations permitted or directly executed by Company.
You shall not portray any House of Legends NFT as an opportunity to gain economic benefit or profit, or as an investment, equity, or other ownership or profit-sharing interest in the Company or House of Legends brand, or any of their affiliates or any brand or other business venture.
Any use of House of Legends NFT other than as specifically authorized herein, without Company’s prior written permission, is strictly prohibited, and entitles us to terminate the rights granted to you herein effective immediately as it violates intellectual property rights of the Company.
Gems Points and Vault Rules
Every House of Legends NFT can be staked in the Gems Vault. House of Legends Gems are deposited into the Vault.
Staking the NFT means blocking up NFT on a platform for staking rewards and other benefits. The longer you hold, the more Gems you can accrue daily. The Gems are received as follows:
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upon the first 30 days of staking your House of Legends NFT, you receive 10 Gems;
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if you continue staking your House of Legends NFT from the 31st to 60th day, you receive 20 Gems per day;
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if you stake your House of Legends NFT for more than 60 days, you receive 30 Gems per day.
In case you sell your House of Legends NFT, you lose access to all of your Gems acquired, and they will automatically be transferred to a new owner of the House of Legends NFT.
The Vault opens up for the first time in May 2022. Therefore, you can access your Gems from May 2022.
The Gems can be used to purchase benefits designed for the owners of House of Legends NFT and presented on the Legendary Store.
The Gems are being accumulated during no longer that 1 (one) year, and they are available to use for 18 (eighteen) months from the day of the first launch of your purchased House of Legends NFT. Therefore, Gems not used within that 18 (eighteen) months, will no longer to available for use.
Base on you contributing significantly to the community, the Company may at its sole direction and judgment grant you with the opportunity to win or earn Gems.
The Gems cannot be traded, transferred, assigned, sold or exchanged with any crypto currency, token, fiat money or any other unit of money or benefit.
Disclaimer
WEBSITE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE MAKE NO WARRANTY THAT WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
COMPANY SHALL HAVE NO LIABILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER COMPANY NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE TYPE OF LIABILITY.
WE MAY SUSPEND OUR WEBSITE FOR INDEFINITE PERIODS OF TIME FOR TECHNICAL MAINTENANCE OR UPGRADE OR OTHERWISE. THE FUNCTIONS AND FEATURES OF WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
COMPANY IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND THAT ARE CAUSED DUE TO USER’S MISUSE OR ABUSE OF WEBSITE, WHICH INCLUDE ALL RESULTING LOSSES BY ANY THIRD PARTIES.
Risks Assumption
By using Website or services associated with House of Legends NFT, you accept and acknowledge as follows:
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inherent security risks of providing information and dealing online over the Internet and nobody may hold Company responsible for any breach of security;
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various risks inherent to using digital currency networks including but not limited to hardware failure, hacking, cybersquatting, software issues, internet connection failure, malicious software, third party interference leading to access to the relevant wallets, smart contracts and other user data; Also, legal risks inherent in trading digital currencies including risk related to regulations and restrictions under different jurisdictions;
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various risks related to regulations regarding NFTs, blockchain technology, cryptocurrencies, and digital networks;
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various risks of any disruptions or other issues impacting cryptocurrencies, tokens, or the digital platforms;
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Company will not be responsible or liable to anyone for any loss and take no responsibility for and will not be liable to anyone for any use of the wallet or/and smart contract, including but not limited to any losses, damages, or claims arising from User’s forgotten passwords, incorrectly constructed transactions, or mistyped addresses; corrupted wallet files, smart contracts and any other digital infrastructure; any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute-forcing, or other means of attack; server failure or data loss; any of the unlawful activities of anyone engaged in the project; any enforcement action against anyone engaged in selling and purchasing House of Legends NFT for illegally trading;
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Company does not warrant that the wallet, smart contracts and any other digital infrastructure used for the House if Legends NFT are free of viruses or errors, that its content is accurate, that it will be uninterrupted, that it will not be hacked or that defects will be corrected;
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House of Legends NFT is not an investment and Company assumes no risks regarding the price of House of Legends NFT and its fluctuation;
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Company will not be responsible or liable to User for any loss of any kind including tokens or other assets, or taken in reliance on material, or information, contained in the wallet used by User or any third party;
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Nothing on this Website is or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase any of the financial products such as shares, securities, etc.
Gas Fee and Payments
If House of Legends NFT is purchased through the Website, any financial transactions that you engage in will be conducted solely through the Ethereum network.
Company does not have the ability to reverse any transactions and it will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network. Ethereum requires the payment of a transaction fee for every transaction that occurs on the Ethereum network. You will need to pay such transaction fee (gas fee) for each transaction since it is necessary for the network of computers and to run the decentralized Ethereum network. Company will have no insight into or control over any payments or transactions.
Limitation of Liability
COMPANY ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
COMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY PORTION OF THE WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO USD 100 (ONE HUNDRED UNITED STATES DOLLARS)
NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR COMPANY, ITS SUBSIDIARIES, LICENSORS OR AFFILIATES FOR ANY LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW. NEITHER PARTY LIMITS OR EXCLUDES LIABILITY FOR FRAUDULENT MISREPRESENTATION.
User Restrictions and Covenants
You covenant that you shall not post or cause to post any threatening, libelous, defamatory, obscene material on Website. You shall not do anything or post any information that would:
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infringe third party’s intellectual property, privacy or any other right;
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constitute or cause to constitute a criminal offense or/and give rise to civil liability;
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contain a computer virus, worm, Trojan horse, time bomb, spyware or any other destructive element/code;
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contain advertising, promotional materials or third-party trademarks;
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constitute or contain false or misleading statements; or
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abuse Website and fair rules of games thereof;
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violates these Terms or/and any law.
You shall not use any AI or machine learning programs or misuse any algorithm while using Website. Breaching the foregoing entitles Company to restrict your access to Website for an indefinite term.
To the extent permitted by the applicable law, we:
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do not represent and take responsibility on the accuracy of reliability of information posted to Website by Users/visitors; and
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hereby retain the right to refuse to post or otherwise publish any information, and the right to remove any such material for any ground/reason.
Website is and may be blocked in the future without any notice to you for certain territories due to their regulations. Using VPN to bypass provider’s block is strictly prohibited. Company retains the right to suspend or cancel User’s account (in case it exists) any time if User breaches any of the terms hereunder.
Reliance on Information
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information 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 user of the Website, or by anyone who may be informed of any of its contents. The Website include content provided by third parties, including materials provided by other third party service providers, financial institutions, and/or other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Any
materials provided by any third parties.
Indemnification
You agree to indemnify and hold harmless Company and its parent, affiliate and subsidiary companies, and each of their respective officers, suppliers, directors, employees, agents, successors, licensees and assigns, from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to your breach of these Terms and violation of applicable law.
Privacy
By using Website and related services, you are subject to Company’s Privacy Policy located at https://www.houseoflegends.art/gem-vault-privacy-policy, which is hereby incorporated into and made part of these Terms.
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Intellectual Property Ownership
Other than the Rights Granted, all rights are expressly reserved by the Company. Nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Company and the associated logos.
Website and the content contained on Website, including but not limited to, text, icons, designs, patterns, images, graphics, logos, and videos and the presentation, selection and arrangement thereof, any concepts, frameworks, know-how, software, applications, tools, or other technology, models, processes and algorithms underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof and materials sent to you from Company are protected by intellectual property laws, including but not limited to copyright, trademark and other laws of any jurisdiction and international intellectual property law.
Company exclusively owns all rights, title and interest in and to Website, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Website.
You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Website and services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
We encourage you to inform us if you identify any intellectual property infringement on the Website.
User Postings
You acknowledge and agree that Company owns and have the right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website in postings, forums or message, questionnaire and otherwise, and you acknowledge and agree that, by providing us any such information, you automatically grant to us a worldwide, non-exclusive, assignable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such information for any purpose, and in any form now know or which becomes known after the date of these Terms.
You hereby waive any claims against Company for any alleged or actual infringements of any intellectual property rights, moral rights, privacy or publicity, or rights of attribution in connection with Company’s use of such information.
Third-party Websites
We may provide links to third-party websites. Therefore, some of the content on Website may in fact be provided by third parties. Company does not have any responsibility for these third-party websites, which are governed by the terms of conditions and privacy policies, if any, of the applicable third-party content providers.
Applicable Law and Jurisdiction; Class Action Waiver
These Terms shall be deemed to have been entered into, and shall be interpreted in accordance with the laws of the State of New York, the United State of America without reference to the principles of conflicts of laws. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof, shall be referred and finally resolved by the Arbitration in the State of New York, the United States of America. Notwithstanding the foregoing, Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction. The place of arbitration will be New York, New York.
Notwithstanding the provision with respect to applicable substantive law above, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act.
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO OR CONNECTED WITH THE USE OF THE WEBSITE AND ANY OF OUR SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BANNED.
If you do not wish to be bound by the arbitration and class-action waiver provisions, you shall notify us in writing within thirty (30) days of the date that you first accept these Terms unless a longer period is required by applicable law, and then you shall litigate any disputes against us in accordance with these Terms.
Your written notification shall be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this clause, you agree to be bound by the terms of the clause “Applicable Law and Jurisdiction” above, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action.
If we make any changes to the clause “Applicable Law and Jurisdiction; Class Action Waiver” above, you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to the clause “Applicable Law and Jurisdiction; Class Action Waiver” above if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this clause. If You have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with this clause, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this clause shall not affect the other arbitration agreements between you and the Company.
Severability
If a part of these Terms becomes invalid or unenforceable under the applicable law, it shall be deemed to have been replaced by a valid and/or applicable provision which most closely matches the intention of Company, and the remainder of the Terms shall remain in force. The clause “Applicable Law and Jurisdiction; Class Action Waiver”, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with the Company.
Miscellaneous
We reserve the right to introduce, withdraw or amend websites, or any content, material, product offering or other services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or any of our services is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website to users. You are responsible for making all arrangements necessary for you to have access to the Website and any of our services. To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to access the Website and any of our services is correct, current, and complete.
These Terms completely replace any prior agreements between you and Company in relation to Website and any services associated with House of Legends NFT. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein.
If Company does not exercise or enforce any legal right or remedy which is contained in these Terms or is available under applicable law, this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.
Amendments
We may make changes to the Terms at our discretion. We encourage you to check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Website or any of our services.
How to Contact Us
If you have any questions or concerns, or need to submit any information, you can contact us via email, phone or regular mail directed to:
Address:
12 West Hartford, CT, 06117 USA
Email: legends@meta-brothers.com