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TERMS & CONDITIONS

KNOW THE TERMS OF USE

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     1. User's Acknowledgment and Acceptance of Terms: The Elemental Angels,  (referred to as "us" or "we") provides The Elemental Angels:  website (referred to as this "Site") for your enjoyment subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. ATTENTION PARENTS - We encourage you to supervise your child’s online activities, review the content they are accessing and, as appropriate, monitor their social interactions.

     2. Description of The Site: The purpose of this site is to put information regarding The Elemental Angels NFT collection. You warrant that you are at least 18 years of age, are an emancipated minor, or have your parent or legal guardian’s permission, and possess the legal authority to enter into this Agreement. We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the structure of the Site, information and explanations about the collection. Any new features that augment or enhance the then-current Site shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the availability of this Site is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any information.

     3. Registration Data and Privacy: In order to use this Site, you must: (i) be an adult; (ii) be an emancipated minor; or (iii) have valid parent or legal guardian consent to be bound by these Terms. If you’re not an adult or emancipated minor, or don’t understand this section, please talk to your parents or legal guardian and ask for help. 

   4. NFTs and Prices: You understand and agree that the NFTs and packs prices on the secondary market may or may not fluctuate, you acknowledge that it is bound by the law of supply and demand, and we have no control over it.

     5. Conduct on Site: Your use of the Site is subject to all applicable laws and regulations, you agree that you will not: (a) Avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by us or any third party to protect the Site; (b) Use any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the the Site in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Site and any unauthorized third party programs that collect info about us by reading areas of memory used by the Site to store info; We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site.  Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site. Users who violate systems or network security may incur criminal or civil liability.

     6. Third Party Sites and Information: This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.

     7. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Site for your individual purposes only and expressly conditioned upon your compliance with these Terms.

     7.1 Ownership: For purposes of these Terms of Use, "content" is defined as any information, photos, video, graphics, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and other material that can be viewed by users on our Site. You can’t create any work of authorship based on the Site except as expressly permitted by us. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any material that is available on this Site. We shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to any content, including the deletion of content. Neither we warrant or represent that your use of materials displayed on this Site will not infringe the rights of third parties. Nothing in these Terms of Use grants you any right to use any logo, and/or the name of The Elemental Angels collection.
 

     7.2. Availability of Content: In an effort to constantly improve the Site, and keep the the Site safe, fun, and secure, we have the right to delete, alter, move, remove, or transfer any and all content, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, content may, and likely will, evolve over time to improve the Site or for regulatory or legal reasons.

     7.3 Updates and Modifications: We may create updated versions of these Terms in the future as the Site and applicable laws evolve. If you accept the new agreement, you’ll be able to continue using the Site. If you decline the new agreement, you won’t be able to use the Site anymore.

    8. Disclaimer of Warranties: ALL CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF INFORMATION OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, INCLUDING THE INFORMATION AND DESCRIPTIONS HEREIN, AT ANY TIME WITHOUT NOTICE. THE INFORMATION AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE IT. THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION. You acknowledge that all transactions relating to any NFTs or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed solely between the seller or purchaser of such merchandise and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by any third party.

     9. Limitation of Liability: IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE.

    10. International Use: Although this Site may be accessible worldwide, we make no representation that the information on this Site is appropriate or available for use in any country of the world and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws.

     11. Notices: We may update notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such updates shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication.

     12. Miscellaneous: You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of information and updates available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

     13. Contact Information: Except as explicitly noted on this Site, the information and content available through this Site are offered by The Elemental Angels NFT collection.