Terms of Use
Welcome to Metaversal Studios, LLC’s ("Metaversal") website. Please read these Terms of Use and our Privacy Policy available here (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website, as described further below.
If you hold or wish to earn a Medallion from Metaversal, your acquisition and use of that Medallion will be subject to and governed by the Metaversal Studios, LLC Terms and Conditions available here. For the avoidance of doubt, Creator does not control the blockchain protocol (“Protocol”) on which Metaversal Medallions are usable and cannot control activity and data on the Protocol, the validation of transactions on the Protocol, or use of the Protocol.
Acceptance of Terms of Use. These terms of use govern your access to, and use of, this website located at https://www.medallion.network and its associated websites, subdomains, mobile versions, any associated applications and services (the “Site”) operated by Metaversal Studios, LLC (“Creator”, ”we”, or “our”). By accessing, browsing, or using the Site, you accept these Terms, as well as any referenced policy and any modifications to the Terms that may be made from time to time. If you do not agree to the Terms, you should not access, browse, or otherwise use the Site. The Terms are a binding legal agreement between you and Creator. Please read them carefully.
Term and Eligibility. The Terms remain in full force and effect while you use the Site. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The Site is intended only for access and use by individuals at least eighteen (18) years old, capable of forming a binding contract with Creator, and not otherwise barred from using the Site under applicable law. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
Modifications to Terms of Use. Creator reserves the right, at any time, to modify, alter, or update the terms and conditions contained in the Terms, and you agree to be bound by such modifications, alterations, or updates. Please pay careful attention to the “Updated” date set forth above. All changes shall be effective immediately. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.
Privacy Policy. Any information submitted on the Site is subject to our Privacy Policy located here. Please review our Privacy Policy carefully.
Accessing the Site and Account Security. We reserve the right to withdraw or amend the Site, and any service or item we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site by you. You are solely responsible for maintaining the confidentiality of your information, as well as any and all activities that generate such information. You must immediately notify us of any unauthorized use of your information and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your information, with or without your knowledge. You should use particular caution when accessing your information from a public or shared computer so that others are not able to view or record your personal information.
Intellectual Property Rights. The Site and its entire contents, visual interfaces, interactive features, functionality, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements are owned by Creator, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your personal, non-commercial use only, subject to the following restrictions:
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as it is created and owned by you.
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site, except with the express written permission of Creator.
You agree not to use any meta tags or any other "hidden text" utilizing Creator's name or trademarks without Creator's express prior written consent.
The Creator name and logo, and all related names, logos, product and service names, designs, and slogans are the property of Creator or its affiliates or licensors. You must not copy, imitate, or use such marks, in whole or in part, without the prior written permission of Creator. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is not an indication or endorsement by Creator unless otherwise indicated.
Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Site, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent at 1111 Lincoln Road Suite 500, Miami, FL, 33139 and by courtesy e-mail copy to support@medallion.network. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Site and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Site;
Information reasonably sufficient to permit Creator to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Submissions. The Site may allow you to post reviews or comments concerning Metaversal Studios, LLC, and our products and services, and may allow you to send materials to us, including for use on the Site. You agree that Creator is free to use any comments, suggestions, questions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to us, or postings to or on the Site (each, a “Submission”) without compensation, acknowledgement, or payment to you for any purpose whatsoever. Furthermore, you agree that Submissions are non-confidential, and grant us a non-exclusive, fully paid, royalty-free, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Submissions throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submission and that the submission of any such materials to us, irrevocably waives any and all “moral rights” in your Submissions, including the rights of paternity and integrity. By posting or providing a Submission or other information, you represent and warrant that public posting and use of your Submission or information by Creator will not infringe on or violate the rights of any third party, and that you will indemnify us against any liability or losses arising out of our use of your Submissions in accordance with these Terms. Please do not submit Submissions to us if you do not understand and agree with these provisions.
Service Availability; Timeliness of Information. From time to time, we test various aspects of the Site, including the platform, user interfaces, service levels, plans, promotions, features, content and pricing, and we reserve the right to include you in or exclude you from these tests without notice. Creator may make changes to or discontinue any of the Metaversal materials, web communities or products available on the Site at any time, and without notice, and Creator makes no commitment to update these materials on the Site. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Links. We may provide links to other websites or resources that are beyond our control. We make no representations as to the quality, content, nature, or reliability of websites, which links to may be provided, and you hereby waive any claim you might have against us with respect to such sites. Creator is not responsible for the content on the internet or web pages that are contained outside the Site; when leaving this Site you should be aware that our terms and policies no longer govern, and therefore, you should review the terms of use of that website.
Prohibited Uses. As a condition of your use of the Site, you hereby represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Site, or use or access the Site or content obtained through the Site, for any purpose other than for your personal use, as any use by you of any of the Site other than for your personal use is strictly prohibited. You further agree not to:
Create derivative works of the Site content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Creator and any applicable licensors.
Use the Site if you do not meet the eligibility requirements described in Section 2 above.
Defame, harass, abuse, threaten, stalk or defraud users of the Site, or collect, or attempt to collect, personal information about users or third parties without their consent. Intentionally interfere with or damage, impair or disable the operation of the Site or any user's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Site with the intended result of denying service to other users.
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.
Attempt to gain unauthorized access to the Site or any part of it, including gaining access or attempting to gain access to another user's account, computer systems or networks connected to the Site or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form (other than in accordance with these Terms), nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site or for the removal of any proprietary notices or labels on the Site.
Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site to any third party.
Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site or to insert your own or a third party's advertising, branding or other promotional content on the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or "flooding" servers.
Modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Use the Site to "stalk" or otherwise harass or harm another in any way.
Post, transmit or otherwise disseminate through the Site any content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party's intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Take any action that may damage or falsify Metaversal or the Site rating.
Social Media Component. In certain sections of the Site, you may also be able to post your comments on social media sites such as Facebook, Pinterest, Instagram or YouTube. For example, your friends and others who have access to view information about you on these social media sites will be able to see that you posted a comment. You’ll also be able to see similar information about your social media site friends who are connected to our Site. In addition, our Site may personalize and otherwise enhance your experience based on your social media accounts, such as your basic information, likes and interests. Please pay careful attention to the privacy settings on your social media accounts, which will impact this feature and may give you some control over the information that is shared and who it is shared with. BY CONNECTING YOUR SITE ACCOUNT TO YOUR SOCIAL MEDIA ACCOUNTS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO SOCIAL MEDIA SITES SUCH AS FACEBOOK, PINTEREST, INSTAGRAM OR YOUTUBE (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK, PINTEREST, INSTAGRAM AND/OR YOUTUBE AND YOUR ACCOUNT SETTINGS ON OUR SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE SOCIAL MEDIA SITE FEATURES.
Termination. You may terminate your use of the Site at any time by notifying us that you no longer wish to use our services, or when you cease using our Site. You agree that Creator, in its sole discretion, may terminate any access you may have through the Site or your use of the Site, and remove and discard all or any part of your access or any user content. You agree that your access to the Site or any account you may have or portion thereof may be terminated without prior notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof). You also agree that Creator shall not be liable to you or any third-party for any such termination. Creator reserves the right to modify, suspend or discontinue the Site and/or access to it at any time and without notice to you, and Creator will not be liable to you should it exercise such rights, even if your use of the Site is impacted by the change. These remedies are in addition to any other remedies Creator may have at law or in equity. All provisions of the Terms shall survive termination of use of the site by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
No Warranties. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS; CREATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER CREATOR NOR ANY PERSON ASSOCIATED WITH CREATOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CREATE NOR ANYONE ASSOCIATED WITH CREATOR REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE EXTENT THE SITE ENABLES YOU TO INTERACT WITH THE PROTOCOL, YOU UNDERSTAND THAT YOUR USE OF THE PROTOCOL IS ENTIRELY AT YOUR OWN RISK. THE PROTOCOL IS AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE PROTOCOL, AND DIGITAL ASSETS AND DECENTRALIZED SYSTEMS GENERALLY, INCLUDING BUT NOT LIMITED TO, THAT DIGITAL ASSETS ARE HIGHLY VOLATILE; YOU MAY NOT HAVE READY ACCESS TO ASSETS; AND YOU MAY LOSE SOME OR ALL OF YOUR METAVERSAL MEDALLIONS OR OTHER ASSETS. YOU AGREE THAT YOU WILL HAVE NO RECOURSE AGAINST CREATOR FOR ANY LOSSES DUE TO YOUR USE OF THE PROTOCOL. FOR EXAMPLE, THESE LOSSES MAY ARISE FROM OR RELATE TO: (I) LOST FUNDS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS; (V) ERRORS, MISTAKES, OR INACCURACIES; OR (VI) THIRD-PARTY ACTIVITIES.
Limited Liability. IN NO EVENT WILL CREATOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CREATOR AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, pandemic, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late performing party whether or not similar to the foregoing.
Indemnification. You agree to defend, indemnify, and hold harmless Creator, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in the Terms or your use of any information obtained from the Site.
Creator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of Creator. Creator will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Governing law and Choice of Forum. This Agreement and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) will be the state and federal courts located in the State and City of New York, and you and Creator each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
Precondition to Arbitration. Without limitation of Creator’s rights in Section 13, the Parties must first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Metaversal or Metaversal images (collectively, “Disputes”) through informal amicable resolution discussions. Accordingly, neither Party may start a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party of a claim in writing. As part of this informal resolution process, Owner must deliver a written notice of any Dispute via first-class mail to 1111 Lincoln Road Suite 500, Miami, FL, 33139 and by courtesy e-mail copy to support@medallion.network.
Mandatory Arbitration of Disputes. The Parties agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding; provided, however, that each Party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright or patent). The Parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that each Party is waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. c. Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. There shall be one arbitrator. A Party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other Party as specified in the AAA Rules. The place of arbitration will be New York, New York. The Parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and us. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law, and may be awarded.
Class Action Waiver. YOU AND CREATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to be in full force and effect.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Notice for California Users. Under California Civil Code Section 1789.3, users of an electronic commercial service from California are entitled to receive the following information on how to resolve a complaint regarding our Site to receive further information regarding use of our Site: Such complaints or requests may be submitted via email to support@medallion.network.
General Terms. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Creator without restriction. Any assignment attempted to be made in violation of these Terms shall be void. This is the entire agreement between you and Creator relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Creator. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Creator as set forth in Section 3 above. All rights not expressly granted in these Terms are reserved to us.
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