Acceptance of Terms

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with these Terms, you must refrain from using the Site.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Site, for details on how we collect, use, and share your information.

Amendments to Terms or Site

We may update these Terms at our discretion. Any changes will be posted on the Site. It is your responsibility to review the Terms regularly. Continued use of the Site after updates are posted signifies your acceptance of the changes. If you do not agree with the updated Terms, you must discontinue use of the Site. We reserve the right to modify or discontinue any part of the Site at any time without notice.

Eligibility

You may use the Site only if you are 18 years or older, legally capable of forming a binding contract with The NFT Studio, and not prohibited from using the Site under applicable law.

Feedback Policy

While we value your feedback, please do not submit unsolicited ideas or materials ("Unsolicited Ideas"). This policy helps avoid potential disputes or misunderstandings if our Site’s content is similar to materials you submit. If you submit Unsolicited Ideas regardless, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, modify, create derivative works from, and exploit such ideas without compensation to you.

Intellectual Property

The content available on the Site is subject to intellectual property rights, and these rights remain with The NFT Studio, its licensors, or other third-party owners. All rights are reserved.

Prohibited Conduct and Enforcement

You agree not to:

• Use, display, mirror, or frame the Site or any content within it without our express written consent.
• Access, tamper with, or use non-public areas of the Site or The NFT Studio’s systems.
• Attempt to probe, scan, or test the Site’s vulnerability or breach any security measures.
• Circumvent any security or technological measures on the Site.
• Access the Site using unauthorized means, such as automated tools or software.
• Use the Site for commercial purposes or benefit third parties without permission.
• Attempt to reverse engineer any software on the Site.
• Interfere with the Site’s operation, including introducing viruses or overloading the Site.
• Impersonate another person or misrepresent your affiliation.
• Violate any applicable laws or regulations.
• Encourage others to engage in any prohibited activities.

We reserve the right to monitor use of the Site, remove content, and enforce these Terms as necessary. We may also cooperate with law enforcement regarding violations of the law.

Third-Party Links

The Site may provide access to third-party websites or resources. We are not responsible for the content, products, or services on these third-party sites. Your use of these resources is at your own risk.

Termination

We may terminate or suspend your access to the Site at any time, without notice, at our discretion. Upon termination, Sections 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15 of these Terms will remain in effect.

Disclaimers

The Site is provided "as is," without any warranties, express or implied. We disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site will meet your needs or be available without interruption or error.

Indemnification

You agree to indemnify and hold The NFT Studio and its officers, directors, employees, and agents harmless from any claims, damages, losses, or expenses arising from your use of the Site or violation of these Terms.

Limitation of Liability

To the fullest extent permitted by law, The NFT Studio and its service providers will not be liable for any indirect, incidental, special, or consequential damages, including lost profits or data, arising from your use of the Site. In no event will The NFT Studio's total liability exceed $100.

Governing Law

These Terms are governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware. Any disputes not subject to arbitration will be resolved in the state or federal courts of Delaware.

Dispute Resolution

1. A. Informal Resolution: You and The NFT Studio agree to attempt to resolve disputes informally before initiating arbitration. Formal arbitration cannot begin until at least 60 days after one party notifies the other in writing.
2. B. Mandatory Arbitration: Any dispute will be resolved through binding, individual arbitration, not in court. Both parties waive the right to a jury trial or participation in a class action.
3. C. Exceptions: Either party may seek resolution in small claims court or seek injunctive relief for intellectual property rights issues.
4. D. Arbitration Process: The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
5. E. Arbitration Costs: Payment of arbitration fees will be governed by AAA rules. If The NFT Studio prevails, we will not seek to recover attorney's fees unless the dispute is found frivolous.
6. F. Injunctive Relief: Arbitrators may award individual relief but cannot impose public injunctive relief, which must be pursued in civil court.
7. G. Class Action Waiver: You and The NFT Studio agree to bring claims only in an individual capacity, not as part of a class action.
8. H. Severability: If any part of Section 14(g) is deemed unenforceable, the entirety of this section becomes null and void.

General Provisions

1. A. Rights Reservation: The NFT Studio retains all rights to the Site. You agree not to infringe on these rights.
2. B. Entire Agreement: These Terms constitute the entire agreement between you and The NFT Studio, superseding all prior agreements.
3. C. Notices: Notices from The NFT Studio will be posted on the Site.
4. D. Waiver: The failure to enforce any right under these Terms does not constitute a waiver of that right.