AKIRA Labs' (the "Company" or "we" or "us") websites, including akiraeth.com and all associated subdomains (collectively, the "Site"), and other software, media channels, or applications connected thereto are made available to you in accordance with the following terms and conditions (the "Terms"). It is important that you read the Terms carefully, as your use of the Site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein.
General Terms and Conditions
By using our Site, you agree to the Terms. We may change or update these Terms so please check this page regularly. We do not represent or warrant that the information on our Site is accurate, complete, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice.
From time to time we may offer for sale non-fungible tokens ("Company NFTs"), other digital assets ("Digital Assets"), and/or other physical products (collectively, "Company Products") through our Site. Our Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our Site.
In order to participate in the purchase or other receipt of such Company Products, you agree that you will comply with the specific terms and conditions, if any, associated with the respective Company Products in addition to these Terms. Any payments that you make for Company Products that are processed through third-party partners will be subject to the separate terms and conditions associated with such third-party partners. You acknowledge and agree that we have no control over these payments or transactions, and that we do not have the ability to reverse any payments or transactions once made.
We may also from time to time sell Company Products on our website via one or more auction processes (each, an "Auction"). You agree to abide by all rules and regulations in place for each Auction. Unless otherwise stated, we will take custody of any funds attached to any Auction bids, and will refund such funds to all bids that fail to win an Auction as soon as reasonably practicable.
Our website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, and graphics on the website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. You are granted a limited license to access and use the website solely for your personal, non-commercial use. We reserve all rights in and to the website, the Content, and the Marks.
Digital Assets
Digital Assets purchased from our website may be purchased, sold, and/or traded on third-party marketplaces or exchange sites (such transactions, "Secondary Transactions"). Secondary Transactions will be subject to the terms and conditions of such sites. We are not a party to any Secondary Transaction. We make no guarantee about the availability or functionality of any such sites and your use of such sites are at your own risk.
Unless otherwise stated by us, you will be solely responsible to pay any and all income, capital gains, sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with Digital Assets purchased or otherwise received by you.
You understand and acknowledge that we will only recognize Digital Assets on the Proof of Stake Ethereum chain (with chainID of 1) as subject to the applicable license on our website and eligible to participate in activities of the Company which are tied to ownership of our Digital Assets. In the event of a fork, the Company may, in its sole discretion, decide whether or not to support the Company NFTs on either branch of the forked software protocol.
Physical Products
From time to time we may offer Physical Products for sale or for no consideration. You understand that the terms and conditions of such releases will at all times be at the discretion of the Company. We reserve the right to refuse orders for any reason without explanation. The Company makes no representations or warranties whatsoever with respect to the Physical Products. Unless otherwise expressly stated by us, you will not be permitted to return for a refund or exchange any Physical Products that you purchase. We do not allow cancellations once the order has been placed. All orders are final and cannot be changed after submission.
If you are located in the European Union or United Kingdom, nothing in these Terms limits your statutory rights under applicable consumer protection laws.
In the event that we are unable to fulfill an order due to supply constraints, manufacturing delays, or events beyond our reasonable control, we reserve the right to cancel and refund the affected order. Refunds will be issued to the original payment method.
Representations and Warranties
By using the website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) you are not a national or resident of any country subject to U.S. sanctions or similar restrictions and you are not on the U.S. Treasury Department's list of Specially Designated Nationals or other sanctions lists; and (6) your use of the website will not violate any applicable law or regulation.
Covenants and Restrictions
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 or servers or networks connected to the website or any security-related features;
- Violate any applicable local, state, national or international law, including but not limited to OFAC regulations;
- Attempt to bypass any measures of the website designed to prevent or restrict access;
- 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;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising the website;
- Use any Company Products to further or promote any criminal activity or enterprise;
- Copy or adapt the website's software or code;
- Use any Company Products to carry out financial activities subject to registration or licensing.
Privacy
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you acknowledge that you have read and agree to our Privacy Policy. We do not sell your personal information to third parties.
Assumption of Risk, Disclaimers 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 as to the Company Products. To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied. Company will not be liable for damages of any kind arising from the products, including but not limited to direct, indirect, incidental, punitive and consequential damages, loss of profit, revenue, opportunity, or data.
You acknowledge and assume the following risks: (i) risks associated with blockchain-based assets including volatility of price, absence of liquidity, risk of loss due to faulty hardware/software, malicious software, or loss of private keys; (ii) we do not make any guarantees about the availability of blockchain assets; (iii) upgrades to the website; (iv) risks related to third party applications and services; (v) risks of hacking, security weaknesses, regulatory changes, and taxation.
FOR CLARITY, IN NO EVENT 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 OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE.
Intellectual Property
All intellectual property rights in AKIRA's products, including all artwork, characters, designs, brand features, and associated content, are exclusively owned by AKIRA Labs and its licensors. Purchasing a Company Product does not transfer any intellectual property rights to you. Personal, non-commercial alterations and fan content are permitted, provided they do not misrepresent affiliation with or endorsement by AKIRA Labs.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company and its affiliates and its and their directors, officers, employees, representatives, and agents (collectively, the "Indemnitees"), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including attorneys' fees) and costs, that are caused by, arise out of or are related to (i) your use or misuse of the website, the Content, or the Company Products, (ii) your violation of these Terms, or (iii) your violation of the rights of a third party.
Governing Law and Dispute Resolution
These Terms will be governed by the laws of the United States of America and the laws of the State of Delaware, regardless of the conflict of law provisions thereof.
As a condition of using the website, you and we agree that any and all disputes, claims and causes of action arising out of or connected with the website shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), applying the Federal Arbitration Act. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT. ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE. IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL.
Miscellaneous
These Terms (along with other policies found on AKIRA's website, including the Privacy Policy) contain the entire agreement between the parties and supersede all prior oral and written agreements. No oral modifications may change the terms of this agreement.
These Terms and other agreements relating to the website do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties.
These Terms inure to the benefit of and bind the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty hereunder without written consent from Company.
If any provision of these Terms is held invalid or unenforceable, the remainder of the Terms will remain in full force and effect.