Terms of Use Agreement

Acceptance of Terms

Intellectual Property; Limited License to Users

WJ Designs Trademarks

Information You Provide

Your Content

Infringement Claims / DMCA Notices

Limitations

Restriction and Termination of Use

Links to Third Party Shared Folders

Warranties and Disclaimers

Indemnification

Miscellaneous

Please read these Terms of Use carefully before accessing or using this Shared Folder, software, apps, and/or plug-ins made available by WJ Designs or its affiliates (individually and collectively, the "Shared Folder").

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that WJ Designs, ("WJ Designs") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Shared Folder.

WJ Designs may change these Terms of Use from time to time. Your continued access or use of the Shared Folder constitutes your acceptance of such changes. Your access and use of the Shared Folder will be subject to the current version of the Terms of Use, rules and guidelines posted in the Shared Folder at the time of such use. Please regularly check the "Terms of Use" document in the WJ Designs Shared Drive to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Shared Folder shall automatically terminate.

Subject to your compliance with these Terms of Use, any applicable license agreement with WJ Designs, and the law, you may access and use the Shared Folder. WJ Designs remains the sole owner of all right, title, and interest in the Shared Folder and reserves all rights not expressly granted under these Terms of Use. WJ Designs may modify, replace, or discontinue the Shared Folder or any part thereof at any time, for any reason, with or without notice, in WJ Designs’ sole discretion. WJ Designs provides the Shared Folder on an "as is" and "as available" basis.

All content on this Shared Folder, including but not limited to Images, Footage, Music, and related metadata (collectively the "WJ Designs Content"), as well as the selection and arrangement of the WJ Designs Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any WJ Designs Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and WJ Designs, WJ Designs does not grant any express or implied permission to use the Shared Folder or any WJ Designs Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Shared Folder or any WJ Designs Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Shared Folder or WJ Designs Content.

Unless you personally own a WJ Designs Elemental Wizard Card or have an written agreement with WJ Designs you may not download, distribute, display and/or copy any WJ Designs Content.

You may not remove any watermarks or copyright notices contained in the WJ Designs Content.

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by WJ Designs.

Nothing contained herein grants or shall be construed to grant you any rights to use any WJ Designs Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use WJ Designs Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or WJ Designs.

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of WJ Designs Trademarks or the Trademark rights claimed by WJ Designs.

You agree that you will not use any WJ Designs Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without WJ Designs' prior written consent any word or mark which is similar to or likely to be confused with WJ Designs' Trademarks.

The look and feel of the WJ Designs Shared Folder, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of WJ Designs and may not be copied, imitated, or used, in whole or in part, without the prior written consent of WJ Designs.

All other trademarks, product names, and company names or logos used or appearing on the WJ Designs Shared Folder are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WJ Designs, unless expressly so stated.

You may not use a WJ Designs trademark, logo, Image, or other proprietary graphic of WJ Designs to link to the WJ Designs Shared Folder without the prior written consent of WJ Designs.

You may not frame or hotlink to the WJ Designs Shared Folder or any Image without the prior written consent of WJ Designs.

WJ Designs (or third parties acting on its behalf) may collect information related to your use of the Shared Folder. Third-party platforms through which you access the Shared Folder may collect information related to your use of such third-party platform and make such information available to WJ Designs subject to your agreement with the applicable third-party platform. WJ Designs’ collection and use of all such information shall at all times conform to this Terms of Use, the WJ Designs Privacy Policy, and applicable law.

WJ Designs will use and protect your personal information, such as your name and address, in accordance with the WJ Designs Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

For any image, footage, text, audio, or any other content that you upload or post to the Shared Folder (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Shared Folder and grant the licenses set forth herein; (ii) WJ Designs will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

By uploading Your Content, you grant WJ Designs a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Shared Folder and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Shared Folder, in which case the licenses will terminate within a commercially reasonable amount of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;

Contains any pornographic, defamatory, or otherwise unlawful or immoral content.

Exploits minors;

Depicts unlawful or violent acts;

Depicts animal cruelty or violence towards animals;

Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or

Violates any law, statute, or regulation.

You may not use any WJ Designs Content for any purpose without first obtaining a WJ Designs Elemental Wizard Collection Card to use such WJ Designs Content. Any use of WJ Designs Content by you shall be governed by the applicable license agreement separately entered into between you and WJ Designs. Displaying and/or distributing to the public any watermarked or unlicensed WJ Designs Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

If you believe that any Image or other material made available by WJ Designs infringes upon any copyright, you may notify WJ Designs in the manner of a written statement to: WJDesigns.nft@gmail.com

You agree that you shall not:

Engage in any conduct that shall constitute a violation of any law or that infringes the rights of WJ Designs or any third party.

Violate any applicable laws or regulations related to the access to or use of the Shared Folder, or engage in any activity prohibited by these Terms of Use.

Violate the rights of WJ Designs or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

WJ Designs may block, restrict, disable, suspend, or terminate your access to all or part of the Shared Folder and/or WJ Designs Content at any time in WJ Designs’ discretion, without prior notice or liability to you. Any conduct by you that, in WJ Designs’ sole discretion, restricts or inhibits any other person or entity from using or enjoying the Shared Folder is strictly prohibited and may result in the termination of your access to the Shared Folder without further notice.

In the event that the Shared Folder is available through any third-party platform, or if WJ Designs provides links from the Shared Folder to any third-party platform or permits any third party to link from its platform to the Shared Folder, you understand and agree that WJ Designs makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of WJ Designs, and WJ Designs provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by WJ Designs.

Your use of the Shared Folder is at your own risk. The Shared Folder is provided by WJ Designs under these terms of use "as is" without warranty of any kind, either express, implied, statutory, or otherwise. WJ Designs expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Shared Folder, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, WJ Designs makes no warranty that: (i) the Shared Folder will meet your requirements; (ii) access to the Shared Folder will be uninterrupted; (iii) the quality of the Shared Folder will meet your expectations; and (iv) any errors or defects in the Shared Folder, services or materials will be corrected. WJ Designs makes no representations or warranties that the Shared Folder will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Shared Folder or will be stored by the Shared Folder, that the Shared Folder will meet your needs, or that WJ Designs will continue to support any particular feature of the Shared Folder. To the extent any disclaimer or limitation of liability does not apply, no warranties shall apply.

You agree to defend, indemnify and hold harmless WJ Designs, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Shared Folder, your breach or alleged breach of the Shared Folder Terms of Use or of any representation or warranty contained herein, your unauthorized use of the WJ Designs Content, or your violation of any rights of another.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. WJ Designs shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of WJ Designs, such action is necessary or desirable.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Louisiana, without respect to its conflict of laws principles.

In the event of any conflict between these Terms of Use and any license agreement you enter with WJ Designs, the terms of such license agreement shall control.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.