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Terms of Service

The Legend NFTs (the-legend.io)

Welcome to The Legend. This Website is administered by The Legend ("Company"). By purchasing, holding, or interacting with a Legend NFT (or any derivative thereof), you agree to the following Terms and Conditions. These terms are legally binding and designed to protect both the project and its participants. If you do not agree, you must not access or use the Website, NFTs, or related services.

Preamble

Whereas, The Legend is an Ethereum blockchain-based NFT platform providing digital collectibles and associated services;

Whereas, these Terms and Conditions define the rules, regulations, and conditions set by The Legend and its derivatives;

Whereas, by using or visiting The Legend platform, users, customers, and clients consent to these Terms and Conditions and the Privacy Policy;

Therefore, continued use of The Legend's services constitutes acceptance of these Terms.

1.Eligibility

1.1 Participation in The Legend ecosystem is restricted to individuals aged 18 years or older with full legal capacity to enter into binding agreements.

1.2 You represent that you are not located in, ordinarily resident in, or subject to sanctions or other restrictions that would prohibit your access to the Website, NFTs, or related services under applicable law.

1.3 The Company may verify eligibility, request information, and restrict or terminate access at any time if these requirements are not satisfied.

2.Agreement to Terms

2.1 By purchasing, holding, listing, transferring, or otherwise interacting with a Legend NFT, the Website, or any related platform, utility, or token-gated experience, you agree to these Terms, the NFT Purchase Agreement, and the Privacy Policy.

2.2 If you access the Website or interact with the NFTs on behalf of an entity, you represent that you have authority to bind that entity, and "you" includes both you and that entity.

2.3 These Terms control over conflicting statements in chats, community posts, social media, or other informal communications unless the Company expressly agrees otherwise in a signed writing.

2.4 You acknowledge that you are not relying on, and the Company disclaims responsibility for, any roadmap, future feature, future utility, future access right, marketing statement, community post, influencer statement, projection, estimate, or promise not expressly set out in these Terms or in a separate written agreement signed by the Company.

3.NFT Ownership and License

3.1 Ownership of a Legend NFT means lawful ownership of the relevant blockchain token only. Except for the limited license expressly granted in these Terms, no intellectual property rights are transferred or assigned.

3.2 Subject to your continued compliance with these Terms, the Company grants you a broad, worldwide, non-exclusive, revocable license to use, reproduce, display, publish, distribute, broadcast, perform, create derivative works from, market, sell, and otherwise commercially exploit the artwork associated with the specific NFT you lawfully own, with no revenue cap, while you continue to lawfully own that NFT.

3.3 The license in Section 3.2 includes the right to use the artwork in merchandise, advertising, brand collateral, media, products, experiences, derivative projects, and other commercial activities, directly or through your employees, contractors, manufacturers, marketplaces, distributors, and service providers acting on your behalf.

3.4 This license is non-exclusive. The Company retains all ownership and intellectual property rights in and to the artwork and all related elements, and may use, license, commercialize, modify, exploit, and authorize others to use the same artwork and related intellectual property at any time.

3.5 Except for the commercial artwork license expressly granted in Section 3.2, the Company retains all rights not expressly granted, including all rights in trademarks, branding, names, logos, storylines, lore, metadata, platform assets, and future adaptations. No right to use the Company's trademarks or brand identifiers is granted except as reasonably necessary to identify the relevant NFT artwork.

3.6 The license above automatically terminates upon any transfer of the NFT or any breach of these Terms. Upon transfer, the commercial license passes to the new lawful holder of that NFT, subject to these Terms.

4.Metadata Modification

4.1 The Company may update, modify, hide, replace, or remove any NFT image, metadata, description, or associated content for legal compliance, intellectual property protection, security, technical corrections, service integrity, moderation, or community protection.

4.2 The Company has no obligation to maintain permanent hosting, accessibility, compatibility, or uninterrupted availability of any metadata, media, or utility.

5.Nature of the NFT

5.1 The Legend NFTs ("NFTs") are digital collectibles.

5.2 NFTs do not constitute investments, securities, financial instruments, deposits, or ownership interests in the Company. Purchasing an NFT does not guarantee future value, profits, returns, liquidity, or marketability, and the NFT's value may fluctuate or become worthless.

5.3 NFTs and related services are offered "as is," "as available," and "with all faults." The Company is not responsible for delays, failed transactions, smart contract issues, chain reorganizations, or other network events.

5.4 The Company may release new collections, utilities, or products on Ethereum or any other blockchain at its sole discretion.

5.5 NFTs do not promise any value, return of value, price appreciation, resale opportunity, or ongoing support. The Company has no duty to enhance, maintain, or preserve any secondary market value.

5.6 Any utility, access right, reward, roadmap item, event, allowlist, feature, or perk associated with an NFT may be updated, suspended, reduced, delayed, or removed at any time, temporarily or permanently, with or without notice, and without compensation.

5.7 "Land" NFTs within The Legend ecosystem are not actual real estate or physical property. They convey no legal rights, ownership, or control over virtual or physical property unless expressly stated in a separate signed agreement.

5.8 The Company is not responsible for misunderstandings regarding the NFT's nature, risks, features, or potential uses. Users acknowledge that all NFTs, including "Land" NFTs, remain subject to these Terms.

5.9 Third-party wallets, marketplaces, bridges, nodes, hosting providers, social platforms, payment services, analytics tools, or other external services are not controlled by the Company and are used entirely at your own risk.

6.User Conduct & Community Standards

6.1 Holding a Legend NFT may grant access to exclusive platforms, communities, content, events, or token-gated experiences.

6.2 Such access is a revocable privilege, not a right, and may be denied, limited, or revoked at any time.

6.3 Hate speech, harassment, fraud, phishing, market manipulation, coordinated bot activity, impersonation, unauthorized scraping, security abuse, or other harmful conduct may result in removal from the community, permanent banning, loss of utilities, and legal action.

6.4 The Company may include or exclude any user from token-gated platforms or benefits at its sole discretion to protect community integrity, compliance, or brand reputation.

6.5 You may not use the Website, NFTs, or related services to violate law, infringe rights, interfere with systems, reverse engineer, exploit vulnerabilities, circumvent security controls, or engage in any activity that exposes the Company or its community to risk.

7.Data Privacy & Security

7.1 The Company does not actively collect or store personal data beyond publicly available blockchain data and limited analytics or operational data collected through official platforms in accordance with applicable privacy laws.

7.2 You are solely responsible for securing your wallet, private keys, seed phrases, devices, and all transactions initiated from or associated with your wallet.

7.3 The Company cannot guarantee absolute security and is not responsible for unauthorized access, hacks, exploits, key compromise, phishing, or failures of third-party providers or infrastructure.

8.Risk Factors, Disclaimer of Warranties & Assumption of Risk

8.1 NFTs are volatile digital collectibles. You acknowledge the risk of depreciation, illiquidity, total loss, and extreme price fluctuation, and you assume all associated risks.

8.2 The Company provides no financial, investment, legal, tax, accounting, or other professional advice.

8.3 The Company is not liable for blockchain technology changes, forks, validator failures, gas spikes, congestion, chain outages, protocol exploits, or other inherent decentralized technology risks.

8.4 To the maximum extent permitted by law, the Website, NFTs, utilities, content, and all related services are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, security, reliability, uninterrupted access, or error-free operation.

8.5 You expressly assume all risks arising from smart contract failures, counterfeit collections, social engineering, regulatory changes, taxation, sanctions, wallet incompatibility, marketplace actions, metadata loss, and total or partial loss of digital assets.

9.Legal Compliance & User Responsibilities

9.1 You must comply with all applicable laws, regulations, and rules relating to your acquisition, ownership, sale, transfer, and use of the NFTs and related services.

9.2 These Terms are governed by and interpreted under Swiss law, without regard to conflict of law principles.

9.3 You are solely responsible for any taxes, reporting obligations, gas fees, commissions, and other charges arising from your NFT transactions or use of related services.

9.4 You are solely responsible for all actions, omissions, communications, and transactions associated with your wallet, account, devices, or access credentials.

9.5 You represent and warrant that your use of the Website, NFTs, and related services will not violate sanctions, export controls, anti-money laundering requirements, or other applicable laws.

10.Prohibited Activities & Company Enforcement Rights

10.1 Prohibited conduct includes market manipulation, phishing, scams, botting, hacking, unauthorized resale of access rights, fraudulent transactions, content abuse, evasion of bans, misuse of community channels, and any attempt to interfere with or exploit the Website, NFTs, users, or services.

10.2 The Company may monitor, investigate, document, remove content, restrict access, block wallets, preserve evidence, cooperate with law enforcement, and seek any legal or equitable remedy available to it, all without prior notice, liability, or obligation to refund or compensate you.

10.3 If the Company suspects a breach, fraud, abuse, security threat, legal risk, or reputational risk, it may immediately revoke or deny access to token-gated spaces, utilities, rewards, allowlists, promotional benefits, or other project-related privileges.

11.Indemnification

11.1 You will defend, indemnify, and hold harmless the Company and its parents, affiliates, subsidiaries, officers, directors, employees, contractors, advisors, licensors, service providers, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and enforcement costs, arising out of or related to your use of the Website, NFTs, wallets, transactions, content, communications, violations of law, infringement of rights, disputes with third parties, or breach of these Terms.

11.2 The Company may assume the exclusive defense and control of any matter subject to indemnification at your expense, and you will fully cooperate, reimburse all defense costs on demand, and not settle any such matter without the Company's prior written consent.

12.Limitation of Liability

12.1 To the maximum extent permitted by law, the Company and its parents, affiliates, subsidiaries, officers, directors, employees, contractors, advisors, licensors, service providers, successors, and assigns will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any loss of profits, revenues, business, opportunity, goodwill, data, digital assets, use, or market value, or for business interruption or procurement of substitute goods or services, arising out of or relating to these Terms, the NFTs, or any related services, whether in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

12.2 To the maximum extent permitted by law, the aggregate liability of the Company and all related parties for all claims arising out of or relating to these Terms, the NFTs, or related services will not exceed the lesser of (a) the total amount you paid directly to the Company for the specific NFT, product, or service giving rise to the claim or (b) CHF 100. This cap is cumulative and not per claim, incident, or user.

12.3 These limitations apply regardless of the theory of liability and even if any limited remedy fails of its essential purpose. If applicable law does not allow a particular limitation, the limitation applies to the maximum extent permitted by law.

13.Refund Policy

13.1 All NFT purchases are final due to blockchain transaction immutability. Refunds, returns, chargebacks, transaction reversals, and credits are not available.

13.2 You are not entitled to any refund or compensation for suspensions, bans, utility changes, market conditions, metadata updates, technical failures outside the Company's control, or discontinuation of any feature or service.

14.Termination, Suspension & Survival

14.1 The Company may suspend, restrict, disable, or terminate your access to the Website, related services, utilities, communities, benefits, or licenses, with or without notice, immediately and at its sole discretion, for any reason or no reason, including suspected breach, fraud, abuse, legal or compliance risk, security incident, reputational concern, or request from an authority.

14.2 The Company may discontinue, deprecate, or modify any feature, utility, token-gated access, roadmap item, or related service at any time without liability, notice, or compensation.

14.3 Upon termination, all licenses and permissions granted to you under these Terms immediately cease. Sections intended by their nature to survive, including Sections 3 through 17, will survive termination.

15.Amendments & Updates

15.1 The Company may modify or replace these Terms at any time, in its sole discretion, by posting updated Terms on the Website or through another official channel. The Company is not required to provide individual notice.

15.2 Unless otherwise stated by the Company, revised Terms become effective immediately upon posting. Your continued use of the Website, NFTs, or related services constitutes acceptance of the revised Terms.

16.Dispute Resolution, Individual Arbitration & Class Action Waiver

16.1 Before commencing arbitration, you must first send the Company a written notice of dispute describing the claim and requested relief, and the parties will attempt in good faith to resolve the dispute informally for at least thirty days.

16.2 Except to the extent prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the NFTs, the Website, or related services, including regarding the validity, invalidity, breach, or termination of these Terms, will be resolved exclusively by final and binding arbitration before a single arbitrator in Zurich, Switzerland, under the Swiss Rules of International Arbitration in force on the date the Notice of Arbitration is submitted. The arbitration will be conducted in English, and the decision will be confidential and binding.

16.3 To the maximum extent permitted by law, you and the Company agree that all disputes must be brought solely on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, representative, private attorney-general, or mass action proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and may not consolidate claims, join parties, or preside over any class or representative proceeding.

16.4 If Section 16.3 is found unenforceable as to any claim or requested remedy, that claim or remedy must be litigated exclusively in the courts located in Zurich, Switzerland, and all other claims remain subject to individual arbitration.

16.5 Notwithstanding the foregoing, the Company may seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, platform security, or other lawful interests, without posting bond or proving actual damages.

16.6 To the maximum extent permitted by law, any claim or cause of action arising out of or relating to these Terms, the NFTs, the Website, or related services must be filed within one year after the claim arises, or it is permanently barred.

16.7 To the maximum extent permitted by law, in any dispute that is permitted to proceed in court rather than arbitration, the parties waive any right to a jury trial.

16.8 For any dispute not subject to arbitration, any action to enforce an arbitral award, and any claim or remedy carved out under these Terms, you consent to the exclusive jurisdiction of the courts located in Zurich, Switzerland and waive any objection based on personal jurisdiction, venue, or forum non conveniens.

16.9 To the maximum extent permitted by law, the prevailing party in any arbitration, court proceeding, or action to enforce these Terms or an arbitral award is entitled to recover its reasonable attorneys' fees, expert fees, and costs from the non-prevailing party.

17.Miscellaneous

17.1 If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

17.2 The Company's failure to enforce any provision of these Terms is not a waiver of that provision or any other right.

17.3 You may not assign or transfer these Terms or any of your rights or obligations without the Company's prior written consent. The Company may assign these Terms freely.

17.4 These Terms constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede prior or contemporaneous understandings relating to that subject matter.

17.5 The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, internet failures, blockchain failures, or third-party service outages.

17.6 Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, employment, franchise, or other special relationship between you and the Company, and the Company owes you no fiduciary duties.

17.7 Except for the Company-related parties expressly covered by these Terms, there are no third-party beneficiaries to these Terms.

18.Transparency and Communication

18.1 Significant platform, utility, or NFT updates may be communicated through official channels at the Company's discretion.

18.2 Any transparency reports, roadmap updates, or public statements are provided voluntarily and do not create binding obligations unless expressly stated in these Terms or another signed agreement.

Acceptance

By purchasing or holding a Legend NFT, users acknowledge reading, understanding, and accepting these Terms and Conditions, including the individual arbitration, class action waiver, indemnification, and limitation of liability provisions. Non-compliance may result in restrictions, suspension, termination, or legal consequences.

For questions, contact solaris@the-legend.io