Terms & Conditions
METABILIA TERMS OF USE
These Terms of Use (the “Terms”) govern your access to and use of the Metabilia websites and applications (collectively, the “App”), and all products and services made available by Metabilia (the “Products and Services”). Metabilia is a technology company providing software solutions for fan engagement and curated marketplaces for experiences, memorabilia, merchandise, and other collectible items (collectively, “Collectibles”).
References to “Metabilia,” “we,” “us,” or “our” refer to I Got It Holdings Corporation, a Delaware corporation, doing business as Metabilia.
BY ACCESSING OR USING THE APP OR ANY PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE APP.
ELIGIBILITY AND AGE REQUIREMENTS
You must be at least the legal age of majority in your jurisdiction to access or use the App and Products and Services, and in no event less than eighteen (18) years of age. By using the App, you represent and warrant that you meet these requirements.
ACCESS, USE, AND TERMINATION
Access to the App and Products and Services is provided at Metabilia’s sole discretion and is limited to your personal, non-commercial use in accordance with these Terms. Metabilia reserves the right, at any time and without prior notice, to suspend, restrict, or terminate your access to the App or your account, in whole or in part, for any reason, including violation of these Terms.
Termination or suspension of your account will not affect your ownership of physical Collectibles already purchased and delivered, nor Metabilia’s obligation to fulfill shipping or redemption commitments that were expressly accepted prior to termination, except where termination results from fraud, misuse, unlawful conduct, or as otherwise required by applicable law.
MODIFICATIONS TO TERMS
Metabilia may revise these Terms from time to time. Any changes will be effective upon posting to the App. Your continued use of the App following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to any modification, you must discontinue use of the App.
COLLECTIBLES AND EXPERIENCES
Collectibles offered through the App may include physical memorabilia, merchandise, and access-based or experiential offerings. The value of Collectibles is subjective and may fluctuate over time. Metabilia makes no representations or warranties regarding the present or future value of any Collectible.
Experiential offerings are subject to availability, scheduling changes, venue rules, partner policies, and events beyond Metabilia’s reasonable control. Metabilia is not responsible for cancellations, modifications, or substitutions made by third-party partners, except as required by applicable law.
INTELLECTUAL PROPERTY; PERSONAL USE
Except as expressly authorized in writing by Metabilia or its partners, Collectibles are provided solely for personal use and enjoyment. Ownership of a physical Collectible does not grant any intellectual property, publicity, or other proprietary rights, including rights of reproduction, distribution, commercial exploitation, endorsement, or public performance.
Nothing in these Terms prohibits the lawful resale of physical Collectibles, provided that such resale does not involve the exploitation of any intellectual property, trademark, copyright, or publicity rights.
FEEDBACK AND SUBMISSIONS
Any feedback, suggestions, ideas, or other submissions you provide to Metabilia may be used, implemented, modified, or commercialized by Metabilia without restriction and without compensation or obligation to you.
NO AGENCY OR PARTNERSHIP
Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, fiduciary, or employment relationship between you and Metabilia.
DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for claims seeking injunctive or equitable relief relating to intellectual property rights, misuse of the App, or unauthorized access, any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Products and Services shall be resolved exclusively by final and binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules then in effect.
The arbitration shall be conducted on an individual basis only, and not on a class, collective, consolidated, or representative basis. YOU AND METABILIA EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
The arbitration shall take place in New York, New York, unless the parties mutually agree otherwise. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
OPT-OUT RIGHT: You may opt out of this arbitration agreement within thirty (30) days of the date you first accept these Terms by sending written notice to support@metabilia.io that includes your full name, email address associated with your account, and a clear statement of your intent to opt out of arbitration.
GOVERNING LAW
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles.
SEVERABILITY AND SURVIVAL
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. Provisions which by their nature should survive termination shall survive, including intellectual property, dispute resolution, arbitration, limitation of liability, and governing law provisions.
HEADINGS
Section headings are for convenience only and shall not affect the interpretation of these Terms.
