Terms & Conditions
These Terms and Conditions ("T&C" or "Terms") govern your access to and use of all products and services operated by WAGMI Game Co., a Delaware corporation with its principal office at 8924 E Pinnacle Peak Road, STE G5, Scottsdale, AZ 85255 ("Company," "we," "us," or "our"). This includes:
NiFe WARS digital properties — including nifewars.com, shop.nifewars.com, and associated content;
Physical collectibles — including comics, trading cards, toys, and limited-edition products bearing NFC authentication tags;
The COLLECT platform (collect.nifewars.com) — our NFC authentication, digital twin, and collector account service;
Marketing communications — including email and SMS subscription services;
All related content, features, NFTs, community platforms, and functionalities (collectively, the "Services").
By accessing, purchasing from, subscribing to, or otherwise using any of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you are prohibited from using the Services.
1. Eligibility
1.1 Age Requirement You must be at least 13 years old to access, use, or create an account for any of the Services. If you are under 18, your parent or legal guardian must review and consent to these Terms on your behalf. Users under 13 are prohibited from using the Services unless we implement and verify parental consent mechanisms, which we do not currently provide. We do not knowingly collect personal information from users under 13 in compliance with COPPA (15 U.S.C. §§ 6501–6506).
1.2 Legal Capacity You represent and warrant that you have the legal capacity to enter into these Terms, are not under any legal disability (e.g., bankruptcy affecting contract rights), and are not barred from using the Services under applicable laws, regulations, or sanctions (e.g., OFAC restrictions).
1.3 Geographic Restrictions Access may be restricted in jurisdictions where the Services or any of their features are prohibited by law; it is your responsibility to ensure compliance with local regulations.
2. Account Registration and Security
2.1 Registration Access to certain features (e.g., COLLECT accounts, NFT-gated benefits, purchases) requires an account. You must provide accurate, current, and complete information during registration and promptly update it to maintain accuracy. Failure to do so may result in suspension or termination.
2.2 Security You are solely responsible for maintaining the confidentiality of your account credentials (e.g., email, password, magic-link tokens, blockchain wallet private keys where applicable) and for all activities, transactions, or actions occurring under your account, whether authorized by you or not. You agree to notify us immediately at support@nifewars.com of any unauthorized use, security breach, or loss of credentials. We are not liable for losses resulting from your failure to secure your account or wallet.
2.3 Account Restrictions You may not share, sell, or transfer your account to another person without our prior written consent. We may impose additional verification requirements (e.g., identity checks) to prevent fraud or abuse.
2.4 Suspension or Termination We reserve the right to suspend, restrict, or terminate your account or access to the Services, with or without notice, for any reason, including violations of these Terms, suspected fraudulent or illegal activity, failure to comply with payment obligations, or to protect our rights, property, or other users, without liability to you.
3. Use of the Services
3.1 License Your access to the Services is provided under a limited, revocable, non-exclusive, non-transferable license for personal, non-commercial use, subject to these Terms.
3.2 Acceptable Use You agree to use the Services solely for their intended purposes, in a lawful and respectful manner.
3.3 Prohibited Conduct You shall not:
Use scrapers, bots, automated systems, or unauthorized third-party software to access, scrape, or interact with the Services in a manner not expressly permitted;
Engage in harassment, bullying, threats, defamation, or abusive behavior toward other users, our staff, or third parties;
Transmit viruses, malware, spyware, or any code designed to harm, disrupt, or infiltrate the Services or users' systems;
Collect, scrape, or harvest personal information from other users without their explicit consent;
Impersonate any individual or entity, including WAGMI Game Co. employees, or misrepresent your identity or affiliation;
Engage in fraudulent activities, such as payment fraud, account hacking, NFT manipulation, or NFC tag spoofing;
Violate any applicable laws, regulations, or third-party rights, including those governing digital assets, blockchain transactions, or online conduct;
Interfere with, disrupt, or attempt to gain unauthorized access to our servers, networks, databases, or infrastructure;
Use the Services to promote, facilitate, or engage in illegal activities, including money laundering or unlicensed gambling;
Resell, redistribute, or commercially exploit our physical or digital content without express written authorization.
3.4 Community Standards If any of the Services include chat, forums, comments, or social features, you agree to adhere to our community guidelines (available upon request), which prohibit offensive, discriminatory, or inappropriate content.
3.5 Enforcement We may investigate suspected violations at our sole discretion and take any action deemed necessary, including removing content, issuing warnings, suspending or banning accounts, or pursuing legal remedies, without prior notice or liability. We are not obligated to monitor user conduct but reserve the right to do so.
4. Payments, Physical Products, and NFTs
4.1 Fees Certain features, physical products, or NFTs require payment in fiat currency or, where offered, cryptocurrency. You agree to pay all applicable fees, taxes, and charges as displayed at the time of purchase, using only authorized payment methods.
4.2 Physical Products
Order Acceptance: All orders are subject to acceptance and availability. We reserve the right to cancel or limit quantities at our discretion.
Shipping & Risk of Loss: Shipping times are estimates only. Title and risk of loss pass to you upon delivery to the carrier.
Returns & Defects: Return and replacement eligibility (if any) will be disclosed at the time of purchase. Manufacturing variations, packaging differences, and cosmetic imperfections may occur and do not necessarily constitute defects.
No Resale: Physical products are sold for personal, non-commercial use only unless expressly authorized in writing.
4.3 NFTs and Digital Collectibles NFTs are blockchain-based assets you own upon acquisition, recorded on a supported blockchain. You may trade, sell, or transfer NFTs on compatible external platforms, subject to our retained intellectual property rights in the underlying content (e.g., artwork, designs). NFTs may have external market value, but we do not guarantee their value, liquidity, or continued utility within or outside our Services.
NFTs and digital collectibles are provided for entertainment and collectibility purposes only. They are not investments, securities, financial instruments, or investment contracts. We do not provide financial, legal, or investment advice.
4.4 Modifications We may modify, suspend, limit, retire, or discontinue any feature, product, or benefit (including benefits tied to NFT ownership) at our discretion, without liability, provided your underlying blockchain ownership of NFTs remains intact. We are not responsible for external factors affecting NFTs (e.g., blockchain failures, marketplace shutdowns).
4.5 Risks You acknowledge and accept all risks associated with NFTs and digital collectibles, including loss due to wallet breaches, market crashes, regulatory changes, or technological obsolescence.
4.6 Refunds
Physical goods refunds (if offered) are governed by the specific product listing and applicable consumer protection laws;
NFTs and digital collectibles are final and non-refundable, except where required by law;
Unauthorized or abusive chargebacks may result in account suspension or termination.
4.7 Payment Disputes You must resolve payment disputes directly with third-party payment processors; we are not responsible for their errors or policies.
5. Marketing Communications
5.1 Opt-In By submitting your email address or phone number through a marketing signup form, by checking a marketing opt-in box during checkout, or by otherwise expressly consenting, you agree to receive marketing communications (email and/or SMS, as applicable) from WAGMI Game Co. about our products, services, drops, and events.
5.2 Opt-Out You may unsubscribe from marketing emails at any time using the unsubscribe link in any marketing message. You may opt out of marketing SMS messages by replying STOP to any message. Reply HELP to any SMS for assistance. Message frequency varies. Message and data rates may apply.
5.3 Transactional Communications Even after opting out of marketing communications, you may continue to receive transactional or service-related communications (e.g., order confirmations, account notifications, security alerts) as long as you maintain an account or active purchase with us.
6. Intellectual Property
6.1 Ownership All content within the Services — including code, graphics, audio, text, NFTs (excluding the user's blockchain ownership of an NFT they have acquired), and related materials — is owned by WAGMI Game Co. or its licensors and protected by U.S. and international intellectual property laws (e.g., Copyright Act, 17 U.S.C.; Lanham Act, 15 U.S.C.).
6.2 User Content If you create, upload, post, or submit content to the Services (e.g., profile information, public comments, community posts, support communications), you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, distribute, publicly perform, and publicly display such content solely as reasonably necessary to operate, promote, and improve the Services. This license does not apply to your personal contact information (e.g., email address, phone number), which is governed by our Privacy Policy.
6.3 Trademarks "NiFe WARS," "WAGMI Game Co.," "COLLECT," and associated logos and marks are trademarks of WAGMI Game Co. You may not use them without prior written permission.
6.4 Infringement Claims If you believe your intellectual property rights are infringed within the Services, submit a detailed notice to support@nifewars.com per the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512).
7. Termination
7.1 By You You may terminate these Terms by ceasing all use of the Services and closing your account by contacting support@nifewars.com.
7.2 By Us We may terminate or suspend your access to the Services, with or without notice, for any reason, including breach of these Terms, service discontinuation, legal compliance, or at our sole discretion, without liability.
7.3 Effect of Termination Upon termination, your rights to access the Services cease, though NFT ownership persists on the blockchain per Section 4.3. Sections 4.3–4.6, 6, 7.3, 8, 9, 10, and 11 survive termination indefinitely.
7.4 No Refunds Termination does not entitle you to refunds, except as required by law.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH ALL DEVICES. WE DISCLAIM ANY GUARANTEE REGARDING THE VALUE, PERFORMANCE, OR AVAILABILITY OF NFTS, DIGITAL COLLECTIBLES, OR BLOCKCHAIN INTEGRATIONS.
9. Limitation of Liability
9.1 Exclusion TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAGMI GAME CO., ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, USE, OR NFT VALUE, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY.
9.2 Cap OUR TOTAL LIABILITY IS LIMITED TO THE GREATER OF YOUR PAYMENTS TO US IN THE PAST 12 MONTHS OR $100 USD.
9.3 Exceptions Some jurisdictions do not allow certain exclusions; limitations apply to the fullest extent enforceable.
10. Indemnification
You agree to indemnify, defend, and hold harmless WAGMI Game Co., its affiliates, and their officers, directors, employees, and agents from claims, damages, or expenses (including attorneys' fees) arising from your use of the Services, breach of these Terms, or violation of laws or rights, with us retaining the right to control defense at our expense.
11. Governing Law and Dispute Resolution
11.1 Governing Law These Terms are governed by Delaware law, excluding conflict of law rules, and applicable U.S. federal law.
11.2 Arbitration Disputes shall be resolved by binding arbitration under AAA Commercial Rules in Wilmington, Delaware, unless you opt out within 30 days by emailing support@nifewars.com. Arbitration is individual; class actions are waived.
11.3 Exceptions Injunctive relief for IP violations or small claims may be pursued in court.
12. Miscellaneous
12.1 Entire Agreement These Terms and our Privacy Policy constitute the full agreement, superseding prior agreements.
12.2 Amendments We may update these Terms, effective upon posting or notice. Continued use signifies acceptance.
12.3 Severability Invalid provisions are reformed; others remain enforceable.
12.4 Waiver No waiver is effective unless in writing.
12.5 Force Majeure We are not liable for delays beyond our control (e.g., natural disasters, blockchain failures).
12.6 Assignment You may not assign without consent; we may assign freely.
12.7 Notices Sent via email, Services notifications, or to support@nifewars.com.
12.8 Export Compliance You must comply with U.S. export laws.
12.9 Contact Reach us at support@nifewars.com or 8924 E Pinnacle Peak Road, STE G5, Scottsdale, AZ, 85255.