THE NFT SHACK LIMITED
4 BRUNSWICK PLACE
Please read these terms of service (‘TOS’) carefully before using https://luxxstudios.io/ ( our ‘site’) as they constitute a legally binding agreement between you (‘you’, ‘your’, or ‘buyer) and us ( ‘we’, ‘us’ or ‘our’). These TOS apply to and govern your use of (a) the site located at xxx and (b) any other applications we owns (e.g., mobile apps, add-ons, tools, services and offerings provided by us that make reference to these TOS, together with any other specific terms, (collectively, the Site). By using or accessing the Site in any manner, you affirm, represent and warrant (a) that you have read, understand and agree to be bound by all of the terms and conditions set forth in these TOS (including any additional terms, policies and agreements specified and/or referenced below or otherwise incorporated into these TOS), (b) that you have the right, authority and capacity to enter into these TOS (on behalf of yourself or the entity that you represent) and meet all of the eligibility and other requirements and (c) that your access and use of the Site is permitted by, and shall not violate, any applicable laws, including those in your jurisdiction. If you do not agree with all of the terms in these TOS, you are prohibited from visiting, accessing, using, or transacting the Site.
OUR SITE IS NOT FOR YOU IF YOU BELIEVE THAT WE REPRESENT A FINANCIAL INSTITUTION, BROKER, OR CREDIT ORGANISATION. WE ARE NOT. THERE IS NO COMMON ENTERPRISE BETWEEN US AND YOU. WE ARE ONLY OFFERING THE SITE UNDER THE LAWS OF ENGLAND AND WALES MAINLY TO FACILITATE the process of purchasing minting and sharing NFTs. WE ARE NEVER A PARTY TO ANY AGREEMENT BETWEEN YOU AS BUYER AND/OR SELLER OR OTHERWISE BETWEEN ANY USERS OF THE SERVICE.
1. You are responsible for your own security of any account and your wallet (and other wallets)
2. Transactions that take place on our site are managed and confirmed via blockchain, using the Ethereum blockchain we neither own nor control any of the wallets that you are using i.e. Metamask, nor any other third party website, products, or services that you might access, visit, or use for the purpose of enabling you to use the various features of our site.
3. Restrictions on purchase: in some countries, and for certain people or entities, there may be restrictions on the purchase of NFTs under applicable export control and sanctions laws and regulations or restrictions on the use of our site and service, and therefore the use of our service may be limited or restricted. You acknowledge and agree that you understand and accept that all such technology is experimental, that there are inherent risks associated with its use, and that we are not liable or responsible for any resultant errors, failures, risks, or vulnerabilities. In addition, there may be regulatory, legislative or policies in place or pending which could limit or restrict your ability to access the TOS. You acknowledge and agree that you that understand this risk.
Who we are and how to contact us
4. We are a limited company registered in England and Wales under company number 13783340. Our registered office and main trading address is
c/o Lawdit Solicitors 4 Brunswick Place
[We can be contacted via Discord Our moniker is Luxx Studios
5. Privacy GDPR and Acceptable Use Policy We are registered with the Information Commissioner and have appointed a Solicitor Michael Coyle of Lawdit Solicitors to be the Data Protection Officer (DPO).
You can contact our DPO by way of firstname.lastname@example.org
Any correspondence concerning this Site can be sent to our DPO marked for the attention of Michael Coyle Lawdit Solicitors Limited 4 Brunswick Place, Southampton SO15 2AN
Join our discord and become a member. And check out the days when you can purchase NFTs. You need to check out discord for Minting day! You acknowledge that you have a sufficient understanding of the blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies and that you understand and appreciate the risks and implications of purchasing NFTs. You acknowledge and agree that you have researched the position thoroughly and have gained sufficient information to make an informed decision to purchase an NFT. We are offering you the opportunity to mint or purchase via Sites such as opensea via the secondary market NFTs
6. NFTs made available will be displayed and described on the Site containing information about the assets.
We refer you again to the warnings above AND TO THE USE OF DISCORD
9. In order to purchase an NFT through our site, you will need to install a browser extension using a wallet ( your ‘wallet friend')to purchase, store and engage in transactions using cryptocurrency, for example, MetaMask (https://metamask.io/). We recommend you carry out due diligence and ensure your operating systems suits your chosen wallet friend.
10. You will not be able to MINT an NFT from us without completing this process. You are solely responsible for your account details and information.
11. PLEASE NOTE THAT IF YOU LOSE ACCESS TO YOUR DIGITAL WALLET (FOR EXAMPLE, YOU LOSE THE PHYSICAL DEVICE ON WHICH YOUR WALLET IS STORED AND/OR THE PASSWORD OR SEED PHASE THAT IS REQUIRED TO RESTORE THE WALLET) THEN YOU WILL NOT BE ABLE TO ACCESS YOUR NFT AND THIS WILL BE LOST FOREVER.
Opensea and the Open Market
12.You can mint, develop and sell all your NFTs via the open and secondary market. It will be reproduced via the Blockchain and the decentralized network.
13.The User Content, affords you a non-exclusive, royalty-free and paid-up licence to exploit our Content We have created a series of digital assets which we are the sole owners. These digital assets are wholly unique to us and us alone.
14. At no stage are we seeking to pass off or claim any ownership or any trade mark infringement and or confusion by offering to mint or exchange NFTs which appear similar to other third party brands.
15. You represent, warrant and indemnify us against any third party claims ,.and If you are sued by any third party you warrant that you will.
You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any User Content which you do not own or have the necessary licenses
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To upload terrorist content.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
20. Once you mint or create and submit any assets in violation of these TOS, we may take corrective actions, at our sole discretion, including removing the violating material.
Infringing Content, Claims and Procedures
Please contact the DPO officer as email@example.com
You expressly agree and acknowledge that:
i. We will not be responsible or hold any liability for any issues, risks, failures, errors or exposures which arise out of the use of the Site
ii. We will not be liable or hold any responsibility for any issues or failures caused by you relating to forgotten passwords or incorrect addresses.
iii. You are aware that a smart contract is not reversible, once it has been executed in relation to the purchase of an NFT. You are also aware that there are no refunds.
iv. We will not be liable or hold any responsibility for error, loss or disruption caused to your wallet, due to any viruses or other malware within your equipment or computer.
v. You are aware that any attacks on your computer or equipment may have an impact on the access to the Site, your NFTs or any other item connected with such. You are also aware that any attacks on your computer or equipment may have an impact on your ability to access, display or transfer your NFTs.
vi. You are aware that any involvement with NFTs may expose you to regulatory risks, including those relating to the payment of tax on NFTs or cryptocurrencies, and whether NFTs might be deemed securities or another regulated class of assets.
vii. We do not own the blockchain technology, or any other third party website you may have to access or use to enable you to access and use the Site. We therefore hold no responsibility or liability for any acts or omissions of any third party or third party service which may or may not cause you loss or damage as a result of your transactions or any other interaction with any such third parties or third party services.
26. In each case of (i) – (vii) above, we can confirm that liability and responsibility also relate to any situation arising out of or in any way related to the sale or use of the NFTs or the Digital Artworks, or otherwise related to this TOS regardless of the form of action, whether based in contract, tort, or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
27. We do not assume any liability or give any warranty or representation of any kind, express or implied, to the fullest extent permitted by law, in connection with this TOS, the Site, the NFTs or any Digital Artwork, including, without limitation, representations, warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, functionality, or technical quality or performance of any NFT, the service, smart code, condition of the NFTs, Digital Artworks or software or that the NFTs are free of viruses or other harmful components, each of which is specifically disclaimed, and no statement anywhere whether oral or writing shall be deemed to be such a representation or warranty.
28. Any dispute arising out of or in connection with these TOS and accepting the risks involved in dealing with these transactions including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference into this clause
29. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the TOS shall be English law.
30. We shall make changes to these TOS and shall notify you by displaying a prominent notice on the bottom of these TOS. We may transfer any of our rights and obligations under this TOS to another organisation. If you breach these TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these TOS.
31. These TOS reflect the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf of us which is not set out in these TOS and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. You represent to us that you are lawfully able to enter into contracts.
32. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.