Terms of Service

1. Introduction

These terms of service, as amended from time to time (“Terms of Service” or “Terms”), are a legal agreement between Azra Games Inc., its affiliates and any of their respective successors or assigns (collectively, “Azra,” “our,” “we” or “us”) and you regarding your use of our web properties (collectively, the “Site”).  Your access to and the use of the Site is subject to your acceptance of the terms, conditions, policies and notices contained herein (the “Agreement” or “Terms of Service”).  

Azra may maintain the Site to, amongst other things, provide information, news, and updates about our games, including, “Legions and Legends,” roadmap, and game related items, including, without limitation,  non-fungible token collections. These Terms govern your use of the Site. In addition, if you hold a non-fungible token (“NFT”) from Azra, your acquisition, use, and transfer of that NFT (and art linked to it) will be subject to and governed by the NFT license terms associated with that collection of NFTs. THE NFT LICENSE TERMS FOR “THE HOPEFUL” COLLECTION CAN BE FOUND HERE. For avoidance of doubt, Azra does not control the Ethereum blockchain protocol (“Protocol”) on which “The Hopeful” collection are tradeable and useable and cannot control activity and data on the Protocol, the validation of transactions on the Protocol, or use of the Protocol. Further, Azra does not control the platforms where NFTs are bought and sold. 

These Terms of Service apply whether you are a user that registers with the Site or an unregistered user. You agree that by registering, downloading, accessing, or using the Site, you are entering into a legally binding agreement between you and Azra regarding your use of the Site. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Site.

We may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Site after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised.

When you visit our website(s), send us e-mails, or communicate with us via our Discord channel, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

2. Minors and Blocked Persons

The Site is not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

The Site is also not available to any users previously removed from the Site by Azra or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.

3. Privacy

Please see our Privacy Policy available at: HTTPS://WWW.AZRAGAMES.COM/PRIVACY for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.

4. Account

Certain content and services on the Site that we may offer or that you may wish to access may require that you first register with us and create an account. To establish an account, you may be required to provide us with certain personal information, including without limitation, your first and last name, and  e-mail address. You agree that you will supply accurate information, and that you will update that information promptly if it changes. We reserve all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name or email. You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Site under your account or password, and you are responsible for all activities that occur under your account or password. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AZRA.

5. Intellectual Property 

Unless otherwise indicated, all content, information, and other materials on the Site, including, without limitation, our trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Azra or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Azra, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Site for your personal use or internal business use only. We reserve all rights not expressly granted in these Terms of Service. 

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6. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Site.

You agree that you will comply with these Terms of Service and will not:

i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Site; or perform any other similar fraudulent activity;

iii. send junk mail or spam to users of the Site, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

iv. harvest or collect email addresses or other contact information of other users from the Services;

v. defame, harass, abuse, threaten, or defraud users of the Site, or collect or attempt to collect, personal information about users or third parties without their consent;

vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Site, (b) features that prevent or restrict use or copying of any content accessible through the Site, (c) features that enforce limitations on the use of the Site, or (d) the copyright or other proprietary rights notices on the Site;

vii. 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 this activity is expressly permitted by the law of your jurisdiction of residence;

viii. 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;

ix. interfere with or damage the operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

x. relay email from a third party’s mail servers without the permission of that third party;

xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Azra including but not limited to the Site, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Azra, including but not limited to the Site;

xii. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner;

xiii. use or attempt to use another user’s account without authorization from that user;

xiv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Site that you are not authorized to access; and

xvi. use the Site for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

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7. Digital Millennium Copyright Act

We respect the intellectual property rights of others and request that users of the Site respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a user’s access to and use of the Site if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Site in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:

i. provide your physical or electronic signature;

ii. identify the copyrighted work that you believe is being infringed;

iii. identify the item in the Site that you think is infringing your work and include sufficient information about where the material is located on the website;

iv. provide us a way to contact you, such as your address, phone number or email address;

v. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and

vi. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

AZRA GAMES INC.
Attn: DMCA Agent
106 K Street, Suite 300

Sacramento, CA 95814
Email: Legal@azragames.com

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8. Idea Submission

If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Azra in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Azra the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Azra chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Azra relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

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9. Termination

To the fullest extent permitted by applicable law, Azra reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (i) your use of the Site violates these Terms of Service or applicable law; (ii) you fraudulently use or misuse the Site; or (iii) we are unable to continue providing the Site to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Site, (b) any term of these Terms of Service, (c) any policy or practice of Azra in operating the Site, or (d) any content or information transmitted through the Site, is to terminate your account and to discontinue use of any and all parts of the Site.

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10. Disputes

i. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Azra, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Azra reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Azra, and you agree to cooperate with Azra’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

ii. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY AZRA; (B) THE INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) AZRA DOES NOT CONTROL ANY INTANGIBLE DIGITAL ASSET THAT EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM BLOCKCHAIN AND ANY TRANSFER OF OWNERSHIP THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM BLOCKCHAIN; (D) AZRA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS IN CONNECTION WITH ANY INTANGIBLE DIGITAL ASSET, AND TAKES NO LIABILITY FOR, ANY USE OF OR INABILITY TO USE ANY INTAGIBLE DIGITAL ASSET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) THE BEHAVIOR OR OUTPUT OF ANY SOFTWARE OR HARDWARE; (III) DATA LOSS OR CORRUPTION; (IV) ANY FEATURES, DEVELOPMENT, ERRORS, OR OTHER ISSUES WITH BLOCKCHAIN NETWORKS OR WALLETS; (V) UNAUTHORIZED ACCESS TO ANY INTAGIBLE DIGITAL ASSET; OR ACTS OR OMISSIONS OF THIRD PARTY PARTNERS THAT ACT LIKE MARKETPLACES FOR THE SALE OF NFT’S; (E) AZRA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (F) AZRA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (G) AZRA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AZRA OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

iii. Limitation of Liability and Damages

a. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL AZRA OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM AZRA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AZRA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, AZRA SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

iv. Applicable Law and Venue

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AZRA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AZRA.

You and Azra shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms or the Privacy Policy, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (“Dispute”). You and Azra agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be finally settled by Binding Arbitration (as defined below).  Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms.  The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.  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 AAA provides a form Demand for Arbitration at www.adr.org.  If your claim is for U.S.  $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules.  If Your claim exceeds U.S.  $10,000, the right to a hearing will be determined by the AAA Rules.  Any arbitration hearings will take place in Sacramento, California, or if you request, the county (or parish) where You live, unless both you and Azra agree to a different location.  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.  Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.  The language to be used in the arbitral proceedings shall be English.  The arbitration award shall be final and binding on the parties (“Binding Arbitration”).  The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made.  Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.  You and Azra will each pay their respective attorneys’ fees and expenses.  These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions.  Any dispute arising out of or related to these Terms is personal to you and Azra and will not be brought as a class arbitration, class action or any other type of representative proceeding.  You and Azra each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons.  Unless both you and Azra agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.  If you are a California resident, in accordance with Cal.  Civ.  Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. 

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

v.  Claims

YOU AND AZRA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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11. Miscellaneous

i. Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

ii. Severability

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

iii. Notice

In accordance with provisions in this Agreement requiring Azra to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record (if applicable), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Azra can be done so by means of email to; LEGAL@AZRAGAMES.COM by first class mail, postage prepaid, or overnight courier to:

Azra Games Inc.
Attn: Customer Notice Processing
106 K Street, Suite 300

Sacramento, CA 95814 

iv. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Azra without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

v. Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

vi. Entire Agreement

The Terms of Service is the entire agreement between you and Azra relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties or by a change to these Terms of Service made by Azra as set forth herein.