Terms and Conditions

These Terms and Conditions (the “Terms”) are a legal agreement between Undeads FZE LLC ("we", "our", "us") and you, the visitor, governing your access to and use of all content and functionalities available at the https://undeads.com/ website (the "Site"), and related services (collectively, the “Services”). These Terms supplement all Undeads FZE LLC Terms and Conditions, the provisions of which are expressly incorporated herein. Capitalized terms used but not defined in these terms and conditions will have the same meaning given in the Undeads FZE LLC. Terms and Conditions.

THIS IS A LEGALLY BINDING CONTRACT. BY ACCESSING OR USING THE SITE OR SERVICES OR BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONTRACT AND ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SITE OR SERVICES. YOU DO NOT HAVE TO ENTER INTO THIS AGREEMENT, BUT IF YOU DO NOT, YOU WILL NOT BE PERMITTED TO, AND YOU MAY NOT, USE THE SITE OR SERVICES.

1. Eligibility

You must be at least 18 years old to use the Site or the Services. If you are under the age of majority in your jurisdiction of residence (a minor) your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.

NFT Purchase Agreement. Purchase of an NFT is subject to the “Purchase Agreement.” By purchasing an NFT you are agreeing to the terms and conditions set forth in the Purchase Agreement. As detailed in the Purchase Agreement, while a purchaser may own the NFT, they shall have only a limited license to the Digital Object(s), subject to the terms and conditions set forth therein.

Mystery Box NFT. The Site features certain Mystery Box NFTs (the “Main NFT(s)”) for sale. The purchase of a Main NFT entitles you to one of the 6666] unique Main NFTs. The exact version will not be viewable to you until after your purchase is complete.

Potions. If you purchase a Main NFT, you will receive (at no additional cost), up to four (4) similar NFT(s) (the “Potion(s)”), where each such Potion is based on the Main NFT but will be customized for use on certain Platforms (each a “Platform,” and collectively the “Platforms”). The Potions are gifted and not sold. You understand and agree that the Platforms are operated by a third-party, which may impose additional obligations regarding your access to, and use of, the Potions. We have no control over the Platforms, and shall have no liability for any Potion(s) gifted to you hereunder.

Pricing: Prices shown on the Site are in ETH. Prices are subject to change at any time, for any reason, and in our sole and exclusive discretion.

Inaccuracy Disclaimer: From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue with your order after pricing or other information has been corrected, please contact us right away and we will work with you.

Payment Terms: You must have a valid wallet and form of payment that are compatible with the Ethereum blockchain on which the Main NFT was tokenized and minted with all necessary legal authorization to use that wallet and/or payment to complete the transaction. To access or use the Potion(s), you may require a valid account with the applicable Platform, subject to their terms of use.

No Warranty: We make no representations or warranties, express or implied, written or oral, in connection with any blockchain transaction or related technology.

No Refunds: All transactions are irreversible, final and there are no refunds. Please carefully review your order prior to submitting.

3. Ownership

We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, trade dress, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.

For clarity, all intellectual property rights in any digital file associated with an NFT and any content contained therein are and shall remain owned by Undeads FZE LLC and its licensors.

4. Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

5. Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

6. Links

The Site and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website, including without limitation, the Platforms’. You should always read the terms and conditions and privacy policy of a third-party website before using it.

7. Changes to the Site or Services

We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.

8. Termination

We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate these Terms, your permission to use the Site and Services automatically terminates.

9. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDEADS FZE LLC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDEADS FZE LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. UNDEADS FZE LLC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, ANY BLOCKCHAIN TECHNOLOGY; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, YOUR ACCOUNT, OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; OR (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY.

10. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

11. Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.

PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.