TERMS & CONDITIONS
The LFG Galactic Travel Agency (“LFG/GTA”) is a non-fungible token (“NFT”) and digital artwork collection running on the blockchain. This website is only an interface allowing users to exchange NFTs and digital collectibles. Users of this website, including but not limited to, you, are entirely responsible for the safety and management of their own private digital wallets on a blockchain network, as well as validating all transactions and contracts generated by this website or any related third-party before approval. Further, as LFG/GTA smart contracts may operate on a blockchain network, there is no ability to undo, reverse, or restore any transaction. This website and all of its connected services are provided “as is” and “as available” without warranty of any kind. By using this website, you are accepting sole responsibility for any and all transactions involving LFG/GTA.
1. OWNERSHIP
A. Your Ownership. Each LFG/GTA is an NFT on a blockchain. When you purchase any LFG/GTA, you may own the underlying LFG/GTA to the extent provided herein. Ownership of the NFT may be mediated by the contract and the blockchain network. At no point may be seize, freeze, or otherwise modify the ownership of any LFG/GTA.
B. Personal Use. Subject to your continued compliance with these Terms, LFG/GTA and S33D Studio LLC grants you a worldwide, royalty-free license to use, copy, and display the purchased art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your LFG/GTA, provided that the marketplace cryptographically verifies each LFG/GTA owner’s rights to display the art for LFG/GTA to ensure that only the actual owner can display the art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or your participation with LFG/GTA, provided that the website/application cryptographically verifies each of LFG/GTA owner’s rights to display the art for LFG/GTA to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of LFG/GTA leaves the website/application.
C. Commercial Use. Subject to your continued compliance with these Terms, S33D Studio LLC grants you an unlimited, worldwide license to use, copy, and display the purchased art for the purpose of creating derivative works based upon the art (“Commercial Use”). Examples of such Commercial Use would be the use of the art to produce and sell merchandise products displaying copies of the art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of LFG/GTA generally, provided that the marketplace cryptographically verifies each of LFG/GTA owner’s rights to display the art for their LFG/GTA to ensure that only the actual owner can display the art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of LFG/GTA generally, provided that the third party website or application cryptographically verifies each LFG/GTA owner’s rights to display the art for their LFG/GTA to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of the purchased LFG/GTA leaves the website/application; or (iii) earning revenue from any of the foregoing.
D. Intellectual Property. Other than the rights to the art, nothing herein gives you any rights to any other trademarks, trade dress, copyrights, or other intellectual property rights belonging to S33D Studio LLC, including, without limitation, to LFG/GTA, and the associated logos. All of these rights are expressly reserved in the name of LFG/GTA and S33D Studio LLC.
E. Morals Violation. As used herein, the term “Morals Violation” refers to (i) any felonious act, any act involving moral turpitude, or any criminal charges involving a minor; and (ii) any situation or occurrence otherwise tending to bring you or LFG/GTA or S33D Studio LLC into public disrepute, scandal, or ridicule. In the event you commit a Morals Violation, LFG/GTA and S33D Studio LLC, in their sole discretion, shall have the right to legal and equitable remedies including but not limited to an injunction, and to immediately terminate or suspend your user account without liability, penalty, or further obligation to S33D Studio LLC or LFG/GTA.
F. Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the website, including without limitation about how to improve the website (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you, and you hereby grant LFG/GTA and S33D Studio LLC, a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the feedback for any purpose.
2. YOUR OBLIGATIONS.
You are solely responsible for your own conduct while accessing or using the website, and for any consequences thereof. You agree to use the website only for purposes that are legal, proper and in accordance with these Terms and Conditions and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the Website any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users' use of the website; (vii) use the website for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the website; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the website or any part of it; (x) use any technology to collect information about the website’s for any unauthorized purpose; (xi) access or use the website for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account without liability, penalty, or further obligation to LFG/GTA or S33D Studio LLC.
3. FEES AND PAYMENT
A. If you elect to purchase LFG/GTA through the website, any financial transactions that you engage in will be conducted solely through the blockchain network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the blockchain network.
B. Blockchains may require the payment of a transaction fee (a “Gas Fee”) or other fees for every transaction that occurs on the blockchain network. The Gas Fee funds the network of computers that run the decentralized blockchain network. This means that you will need to pay a Gas Fee or other fees for each transaction.
4. OWNERSHIP
A. Eligibility. By owning any LFG/GTA you may be eligible for certain benefits, promotions, and giveaways solely at the discretion of S33D Studio LLC and subject to change without notice.
B. Projects. For the avoidance of doubt, you understand that S33D Studio LLC may encompass different NFTs, digital artwork, projects, and collaborations that you may not have access to with ownership. Different projects may include but are not limited to any other projects.
C. Access. You understand that LFG/GTA ownership does not guarantee access additional benefits, which are to be provided at the sole discretion of LFG/GTA and S33D Studio LLC, subject to change without notice, including but not limited to the metaverse nor web 3.0, nor decentralized autonomous organizations (“DAO”), digital communities, which are all at the sole discretion of LFG/GTA and S33D Studio LLC, subject to change without notice.
5. DISCLAIMERS
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, S33D STUDIO LLC, LFG/GTA OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE, (III) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT S33D STUDIO LLC AND LFG/GTA HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFULL MISCONDUCT.
C. LFG/GTA AND S33D STUDIO LLC WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF A BLOCKCHAIN NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY CONTRACTS.
6. LIMITATIONS OF LIABILITY
A. LFG/GTA is not responsible for any incorrect or inaccurate information, whether caused by website users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Web site. LFG/GTA is further not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. If, for any reason, the sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of LFG/GTA, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, LFG/GTA reserves the right at its sole discretion to cancel, terminate, modify or suspend this sweepstakes for any drawings and selections.
B. IN NO EVENT WILL LFG/GTA AND S33D STUDIO LLC, ITS LICENSEES, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF LFG/GTA'S WEBSITE OR THE DOWNLOADING FROM OR COPYING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
C. YOU ACKNOWLEDGE AND AGREE THAT LFG/GTA MADE THE WEBSITE AVAILABLE TO YOU AND YOU ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS. YOU FUTHER UNDERSTAND AND AGREE THAT LFG/GTA AND S33D STUDIO LLC, ITS EMPLOYERS, CONTRACTORS, PARENTS, OR AFFILLIATES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, TO THE EXTENT CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF LFG/GTA OR S33D STUDIO LLC HAS BEEN ADVISED OF SUCH DAMAGES.
D. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100 USD (ONE HUNDRED DOLLARS).
7. ASSUMED RISKS. You further accept and acknowledge each of the following:
A. In the event that you sell any LFG/GTA, please be advised that the prices of NFTs may be extremely volatile and fluctuations in the cryptocurrency prices and other NFTs could impact the price of your LFG/GTA positively or negatively. Given the volatility, NFTs such as LFG/GTA should not be considered an investment and you assume all the risks.
B. Ownership of LFG/GTA confers ownership of that artwork only. Accordingly, no information on this website is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project LFG/GTA has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of LFG/GTA and the associated art is in compliance with laws and regulations.
C. You assume all risks associated with using crypto currency, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
D. NFTs, crypto currencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value of LFG/GTA. You understand and accept all risk in that regard.
E. You assume all responsibility for any adverse effects of disruptions or other issues impacting blockchain or the blockchain platform.
8. INDEMNIFICATION. You agree to hold harmless and indemnify LFG/GTA and S33D Studio LLC, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the website, or (iii) your violation of applicable laws, rules or regulations in connection accessing or use of the website.
9. MINORS. You must be at least 18 years old to access this website or purchase LFG/GTA. If you are under 18 years old, you are not permitted to use this website for any reason. By accessing the website, you represent and warrant you are at least 18 years of age.
10. CHANGES TO TERMS AND CONDITIONS. We may make changes to the Terms and Conditions at our discretion. Therefore, you agree to check these Terms and Conditions periodically from time to time for changes. Any changes to the Terms and Conditions will apply on the date that they are made, and your continued access to or use after the Terms and Conditions have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms and Conditions, you may not access or use the website.
11. DISPUTE RESOLUTION. All disputes arising out of or in connection with these Terms and Conditions, including without limitation your access or use of the website, or to any products sold or distributed through the website, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be New York, New York. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE WEBSITE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE WEBSITE, OR THE CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.