Chapter
ToggleGENERAL TERMS AND CONDITIONS
These General Terms and Conditions (“Terms”) govern your use of the 13 Realms Story Book (“Story Book”) provided by 13Realms.art. By accessing or using the Story Book, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not proceed with the use of the Story Book.
Intellectual Property Rights:
- All intellectual property rights, including copyrights, trademarks, and any other proprietary rights relating to the Story Book, its content, and materials, are owned by 13Realms.art or its licensors.
- You may not reproduce, distribute, modify, display, or create derivative works of the Story Book without prior written consent from 13Realms.art.
Use of the Story Book:
- The Story Book is intended for personal and non-commercial use only. You may read, view, and interact with the Story Book for your own enjoyment.
- You may not use the Story Book for any illegal, unauthorized, or commercial purposes.
- You may not attempt to disrupt, interfere with, or damage the functionality of the Story Book or its associated systems.
Privacy:
- Your privacy is important to us. We collect and process personal information in accordance with our Privacy Policy. By using the Story Book, you consent to the collection and processing of your personal information as described in the Privacy Policy.
Contents:
- The content provided in the Story Book is for informational and entertainment purposes only. While we strive to ensure the accuracy and quality of the content, we do not guarantee its completeness or reliability.
- The Story Book may contain links to third-party websites or resources. 13Realms.art is not responsible for the availability, content, or accuracy of any third-party websites or resources.
Limitation of Liability:
- To the fullest extent permitted by law, 13Realms.art and its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Story. Book.
- We do not warrant that the Story Book will be error-free, uninterrupted, or free of viruses or other harmful components.
Modifications and Termination:
- 13Realms.art reserves the right to modify, suspend, or terminate the Story Book or any part thereof, at any time and without prior notice.
- We may also update these Terms from time to time. Any changes will be effective upon posting the updated Terms on our website.
Governing Law:
- These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where 13Realms.art is registered.
Severability:
- If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
By using the Story Book, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you have any questions or concerns regarding these Terms, please contact us
COVENANTS AND RESTRICTIONS TO OUR WEBSITE
In order to use the website, you agree not to, and you will not permit any third party to, do or attempt to do any of the following without our prior written consent:
Circumvent, Interfere with, Disable, or Disrupt the Website: You shall not engage in any activity that circumvents, interferes with, disables, or disrupts the website or servers or networks connected to the website. This includes, but is not limited to, uploading or transmitting viruses, Trojan horses, or other similar harmful material.
Compliance with Laws and Regulations: You shall not violate any applicable local, state, national, or international law, or any regulations having the force of law. This includes compliance with the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) regulations and any other laws or regulations that would involve proceeds of any unlawful activity.
Bypassing Measures: You shall not attempt to bypass any measures of the website designed to prevent or restrict access to the website or any portion of it.
Unauthorized Use of Company Products: You shall not use the Company Products to advertise or offer to sell or buy any goods or services for any purpose that is not specifically authorized herein or under the applicable license agreement.
Reverse Engineering: You shall not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
Prohibited Activities: You shall not use any Company Products to further or promote any criminal activity or enterprise, or provide instructional information about illegal activities. This includes activities related to concealing economic activity, money laundering, or financing terrorism.
Copying or Adapting Software or Code: You shall not copy or adapt the website’s software or code without our prior written consent.
Financial Activities Subject to Registration or Licensing: You shall not use any Company Products to carry out financial activities subject to registration or licensing. This includes activities such as creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
Furthermore, you are prohibited from engaging in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations. This includes, but is not limited to, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”). Transactions are not permitted with nationals or residents of countries subject to U.S. sanctions or similar restrictions, or individuals listed on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. If any of these restrictions apply, you are not allowed to purchase any Company Products or engage in any other transactions with us through the website or otherwise. In the event of a breach of this provision, we reserve the right to cancel any transaction or take other measures to comply with Export Control and Sanctions Laws to the fullest extent possible.
By using the website, you acknowledge that you have read, understood, and agreed to comply with these covenants and restrictions. Failure to comply with these terms may result in the termination of your access to the website and potential legal consequences.
DISCLAIMER AND LIMITATION OF LIABILITY
The website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind, whether express or implied. Company makes no warranty that the functionality of the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. You expressly agree that your use of the website is at your sole risk.
Company makes no representations or warranties of any kind, express or implied, as to the Company Products included on the website or as to the Physical Products being offered to you. To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose, and non-infringement. There are no warranties, express or implied, which extend beyond the description of the merchandise. Company will not be liable for any damages arising from the products, including but not limited to direct, indirect, incidental, punitive, and consequential damages, loss of profit, revenue, opportunity, or data.
In addition to the foregoing general disclaimer, Company specifically disclaims liability, and you hereby waive and release any and all claims, arising out of or in connection with:
Blockchain and Related Technology: Any issues, risks, or losses associated with blockchain-based assets, including price volatility, liquidity, hardware or software failures, malicious software, unauthorized access, loss of private keys, and errors or faults in the blockchain technology. Company will not be responsible for any of these risks or losses.
Third Parties and Applications: Any interactions with third parties or their applications and/or services, including the availability of such parties or services, and the protection and storage of data provided to them. Company does not guarantee the reliability, currency, or error-free nature of any third-party applications or services.
Hacking, Security Weaknesses, and Regulatory Changes: Risks related to hacking, security weaknesses, fraud, counterfeiting, cyberattacks, changes in regulations governing blockchain technologies, cryptocurrencies, and tokens, and taxation. Company will not be responsible for any losses or adverse effects caused by these risks.
Delivery and Metadata: Any issues with the delivery of blockchain assets or changes to the metadata associated with NFTs. Company cannot guarantee the availability, reliability, or error-free nature of blockchain assets or their supporting systems or technology.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES, OR INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event that Company is found liable for any loss, damage, or cause of action arising from these Terms or the features, functionalities, products, or services of the website, the liability shall not exceed the amount paid for the use thereof or access thereto. In the case of product sales, Company’s liability shall be strictly limited to the sale price of the specific product.
By using the website, you acknowledge and accept the limitations of liability and assume all associated risks. If you are dissatisfied with the website or any of its offerings, your sole remedy is to discontinue using the website.
CHARACTER TERMS AND CONDITIONS
By using the characters from the 13 Realms storybook (“Characters”), you agree to the following terms and conditions:
Ownership and Rights: The Characters are the intellectual property of the author and are protected by copyright laws and other applicable intellectual property rights. You acknowledge that the Characters are solely owned by the author and you do not acquire any ownership rights or interests in the Characters.
Permissible Use: You are permitted to use the Characters for personal, non-commercial purposes, such as fan art, cosplay, or personal enjoyment. Any commercial use or exploitation of the Characters is strictly prohibited without the prior written consent of the author.
Non-Infringement: You agree not to use the Characters in any way that infringes upon the rights of the author or any third party, including but not limited to copyright, trademark, or other intellectual property rights. You shall not create derivative works of the Characters without proper authorization.
Attribution: When using the Characters, you agree to provide proper attribution to the author, acknowledging their ownership of the Characters. This includes crediting the author’s name and the source of the Characters, such as the 13 Realms storybook.
Respectful Use: You agree to use the Characters in a respectful manner that does not defame, harm the reputation of, or misrepresent the author or the Characters. You shall not use the Characters in a way that is offensive, discriminatory, or violates any applicable laws or regulations.
Non-Endorsement: Your use of the Characters shall not imply or suggest any endorsement, sponsorship, or affiliation with the author or the 13 Realms storybook, unless expressly authorized in writing.
Protection of Characters: You shall take reasonable measures to protect the Characters from unauthorized use, reproduction, distribution, or any other form of infringement. You shall not knowingly enable or assist others in infringing upon the author’s rights in the Characters.
Termination: The author reserves the right to terminate or restrict your use of the Characters at any time if you fail to comply with these terms and conditions. Upon termination, you shall immediately cease all use of the Characters and destroy any copies or derivative works in your possession.
Indemnification: You agree to indemnify, defend, and hold harmless the author from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Characters, including any violation of these terms and conditions.
Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising from or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction].
By using the Characters, you acknowledge that you have read, understood, and agreed to these terms and conditions. Failure to comply with these terms and conditions may result in legal consequences and the revocation of your rights to use the Characters.
CHARACTER NFT TERMS AND CONDITIONS
By purchasing or using the characters, creatures, elements, and other props (“NFTs”) from the 13 Realms website (“Website”), you agree to the following terms and conditions:
Ownership and Rights: The NFTs represent a limited edition, digital representation of the characters, creatures, elements, and other props used in the 13 Realms books. You acknowledge that the NFTs are non-fungible tokens and do not represent any ownership rights or interests in the underlying intellectual property of the 13 Realms books or characters. The ownership of the NFTs is stored on the blockchain and verified through smart contracts.
Minting and Sale: The website mints and sells NFTs as collectible items. The availability of specific NFTs may be limited and subject to change. The purchase of an NFT grants you a personal, non-transferable, and non-exclusive license to display, showcase, and distribute the digital representation of the NFT.
Authenticity and Originality: The NFTs minted and sold on the Website are considered authentic and original. Each NFT is uniquely identified and can be traced back to its origin on the blockchain. The website ensures the legitimacy and integrity of the NFTs being sold.
Use and Display: As the owner of an NFT, you have the right to display and showcase the NFT in non-commercial settings, such as personal collections, galleries, or social media platforms. You may not use the NFTs for any commercial purposes, including but not limited to selling, licensing, or exploiting the NFTs for profit without the prior written consent of the Website.
Transfer and Resale: You may transfer or sell the NFTs to other individuals who agree to be bound by these terms and conditions. The transfer or resale of the NFTs may be subject to additional fees or conditions set by the Website. The Website reserves the right to restrict or prohibit transfers or resales that violate these terms and conditions or applicable laws.
Intellectual Property Rights: The intellectual property rights, including but not limited to copyright and trademark rights, in the characters, creatures, elements, and other props represented by the NFTs are owned by their respective creators and licensors. The NFTs do not grant you any rights or licenses to use the underlying intellectual property beyond the limited display and showcasing rights mentioned in these terms and conditions.
Compliance with Laws: You agree to comply with all applicable laws, regulations, and restrictions related to the purchase, ownership, and use of the NFTs. You are solely responsible for any taxes, duties, or other governmental charges that may apply to your purchase and use of the NFTs.
Disclaimer of Warranty: The NFTs are provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied. The Website makes no representations or warranties regarding the quality, functionality, accuracy, or reliability of the NFTs. You acknowledge that the use of the NFTs is at your own risk.
Limitation of Liability: In no event shall the Website or its affiliates, directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the purchase, ownership, or use of the NFTs. This limitation of liability applies to the fullest extent permitted by applicable law.
Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising from or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction].
By purchasing or using the NFTs, you acknowledge that you have read, understood, and agreed to these terms and conditions. Failure to comply with these terms and conditions may result in the suspension or termination of your rights to use the NFTs and may incur legal consequences
PRIVACY POLICY
This Privacy Policy explains how we collect, use, and protect your personal information when you visit our website and interact with the NFTs available on our platform. We are committed to safeguarding your privacy and ensuring the security of your personal information. By accessing and using our website and NFTs, you consent to the terms of this Privacy Policy.
Information We Collect:
- Personal Information: When you visit our website or purchase NFTs, we may collect certain personal information, such as your name, email address, shipping address, and payment details. This information is necessary to process your transactions and provide you with the requested services.
- Usage Information: We may collect non-personal information about your interactions with our website and NFTs, including your IP address, browser type, device information, and browsing patterns. This information helps us analyze and improve the performance and functionality of our website.
- Cookies and Tracking Technologies: We may use cookies, web beacons, and similar tracking technologies to enhance your browsing experience, personalize content, and collect information about how you use our website. You can modify your browser settings to control the use of cookies and tracking technologies, although this may impact certain features of our website.
Use of Information:
- Personalization: We may use the information collected to personalize your experience, recommend NFTs based on your preferences, and provide customized content and offers.
- Order Fulfillment: We use your personal information to process and fulfill your NFT purchases, including shipping and handling.
- Communication: We may use your contact information to send you transactional emails, updates, newsletters, and promotional materials related to our website and NFTs. You can opt-out of receiving marketing communications at any time.
- Security and Fraud Prevention: We use the information collected to detect and prevent fraudulent activities, protect our rights and property, and ensure the security of our website and NFTs.
Data Sharing and Disclosure:
- Third-Party Service Providers: We may engage trusted third-party service providers to assist us in operating our website, processing transactions, and delivering services to you. These service providers have access to your personal information only as necessary to perform their functions and are obligated to maintain the confidentiality and security of your data.
- Legal Compliance: We may disclose your personal information if required by law, regulation, or legal process, or if we believe that such disclosure is necessary to protect our rights, comply with a judicial proceeding, court order, or governmental request, or prevent physical harm or financial loss.
- Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity. We will notify you via email or prominent notice on our website of any change in ownership or use of your personal information.
Data Security:
We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet or electronic storage method is completely secure, and we cannot guarantee the absolute security of your information.
Children’s Privacy:
Our website and NFTs are not intended for individuals under the age of 13. We do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal information from a child under the age of 13, we will take steps to delete the information as soon as possible.
Third-Party Links:
Our website may contain links to third-party websites, platforms, or services. This Privacy Policy does not apply to those third-party entities, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of any third-party websites you visit.
Changes to the Privacy Policy:
We reserve the right to modify or update this Privacy Policy at any time. Any changes will be effective immediately upon posting the revised policy on our website. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your personal information.
Contact Us:
If you have any questions, concerns, or requests regarding this Privacy Policy or the handling of your personal information, please contact us using the contact information provided on our website.
Last updated: [6/14/2023]
Please note that this is a general template for a privacy policy and may need to be customized to meet the specific requirements of your website and NFT platform. It is advisable to consult with a legal professional to ensure compliance with applicable laws and regulations.