Monster

Terms of Service

Last updated October 11, 2026

Welcome to Monster! Please read these Terms of Service (these “TOS”) carefully, as they constitute a legally binding agreement between you (“you”, “your”, or “user”) and Monster Strategy, Inc., a Delaware corporation (“Monster”, “we”, “us” or “our”).

These TOS, together with any Modifications, the Promotions Schedule, as well as all policies posted on mnstr.xyz and incorporated by reference herein, set out the terms on which Monster offers you access to and use of (a) the website and application located at mnstr.xyz and all relevant sub-pages associated with the foregoing (the “Application”) and (b) any other applications, add-ons, tools, services and offerings provided by us, including the Vault, the Marketplace, and pack experiences (together with the Application, the “Products”). These TOS apply whether you are accessing the Products via a personal computer, a wireless or mobile device or any other technology or device now known or hereafter developed or discovered.

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PACK CONTENTS ARE DETERMINED AT RANDOM FROM DISCLOSED ODDS, AND THE CARD YOU RECEIVE MAY BE WORTH LESS THAN THE PRICE OF THE PACK. CARDS ARE COLLECTIBLES, NOT INVESTMENTS. PLEASE READ THIS DOCUMENT CAREFULLY.

BY ACCESSING OR USING THE PRODUCTS 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 (ALONG WITH ANY MODIFICATIONS AND/OR ADDITIONAL TERMS, POLICIES AND AGREEMENTS REFERENCED HEREIN), INCLUDING THE GENERAL RELEASE IN SECTION 20, THE INDEMNIFICATION OBLIGATION IN SECTION 21, AND THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 25, (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 PRODUCTS IS PERMITTED BY, AND SHALL NOT VIOLATE, ANY APPLICABLE LAWS, INCLUDING THOSE IN YOUR JURISDICTION.

IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TOS AND/OR ANY MODIFICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE PRODUCTS.

1. Modifications

We reserve the right to revise these TOS, at any time and from time to time, for any reason in our sole discretion by any written announcement or notice, or by posting an updated TOS (the “Modifications”). For material Modifications, we will provide at least seven (7) days advance notice by posting in the Application and information and by email to the address you have provided. For material Modifications that are adverse to you and that affect Section 5 (“Packs; Odds; Buyback”), Section 9 (“Balances; Payouts; Transfers”) or Section 25 (“Dispute Resolution”) will require your renewed click-through acceptance before your next purchase, acceptance of a Sellback Offer, or shipment request. Modifications apply prospectively only, the version of these TOS in effect at the time of a purchase governs that purchase. We maintain an archive of prior versions of these TOS, available upon request. If you use the Products after Modifications become effective, it will signify your agreement to be bound by the Modifications. It is your responsibility to monitor and periodically check for changes to these TOS by consulting the “Last Modified” date at the bottom of this page.

2. What is Monster?

Monster is a platform for collecting professionally graded trading cards. When you purchase and open a pack on the Application, you always receive one authentic, physical trading card that has been professionally graded and encapsulated by a third-party grading company (such as PSA, CGC, or BGS) (each, a “Card”). The specific Card you receive is determined at random from the disclosed odds for that pack, as described in Section 5. Every Card is a real, physical collectible held in secure, insured storage with our third-party vault partners (the “Vault”). After you open a pack, you may (a) keep your Card in the Vault, (b) request shipment of the physical Card to you, (c) list the Card for sale on the Marketplace, or (d) accept an instant sellback offer from Monster, in each case as described in these TOS. Monster is a retailer of physical collectibles and provider of related storage, marketplace, and technology services. Monster’s books and records are the definitive record of ownership of each Card. Monster does not offer, sell, or facilitate trading in non-fungible tokens, and no blockchain entry associated with the Products is tradable or transferable by you to any other person. Monster is not a casino, sportsbook, lottery, or gambling service of any kind, is not a bank, exchange, broker, dealer, investment adviser, or fiduciary, and no element of the Products constitutes investment, legal, tax, or financial advice.

COLLECTIBLES DISCLOSURE: CARDS ARE COLLECTIBLES PURCHASED FOR PERSONAL ENJOYMENT. NEITHER A CARD NOR ANY BLOCKCHAIN ENTRY ASSOCIATED WITH IT IS OFFERED OR SOLD AS, OR CONSTITUTES, AN INVESTMENT, DEPOSIT, SECURITY, OR DERIVATIVE, THEIR MARKET VALUE FLUCTUATES, AND WE MAKE NO REPRESENTATION THAT ANY CARD WILL RETAIN OR INCREASE IN VALUE.

3. Eligibility; Accounts; Balance Account

(a) Eligibility. You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) to use the Products. The Products are offered only in jurisdictions where their use is lawful, and are not offered to persons located, organized, or resident in any country or region that is the subject of comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC) or that our Balance Provider or Payment Processors do not support, or to any person on a sanctions list maintained by OFAC or another applicable authority (together, the “Excluded Jurisdictions”). The Excluded Jurisdictions follow applicable Law and the coverage of our providers and may change without notice. You must not use a VPN, proxy, false information, or any other method to evade geographic, legal, or platform restrictions. We may use geolocation, sanctions screening and other technical measures to enforce these restrictions and may suspend or restrict your access if we believe you are located in an Excluded Jurisdiction or are otherwise ineligible.

(b) Account Registration. In order to participate in certain aspects of the Products, including purchasing packs, you must create an account (your “Account”) by providing an email address, and you may be required to provide certain additional information, as prompted by our registration, payment, or shipping process. All registration and Account information you submit must be truthful and accurate, and you agree to maintain, keep current and promptly update the accuracy of such information as necessary. We may require you to provide additional information and/or documentation, including as may be required under any laws, statutes, ordinances, rules, regulations, codes, or any requirements of a government entity (collectively, “Law”), including identity verification as described in Section 9. If you do not provide complete and accurate information and/or documentation in response to such a request, we may suspend, terminate, lock or otherwise restrict your Account or refuse to permit you access to or use of the Products. You agree and understand that we will communicate with you via electronic means, and that any notices, agreements, disclosures or other communications sent to the email address on record with us are considered valid.

(c) Balance Account; Old Wallets. When you create an Account, a balance account is opened in your name with our third-party balance and payments provider (currently Coinflow) (the “Balance Provider”), which holds your Account Balance as described in Section 9. Your use of the balance account is subject to the Balance Provider’s own terms and privacy policy, which you must review and accept, and the Balance Provider may require identity verification and other information directly from you. The Products do not support connecting an external blockchain wallet. If you collected with Monster before the move to the current login, the embedded wallet created for you at that time (your “Old Wallet”) remains yours: Monster does not hold, control, or have access to it or its contents, and any digital assets remaining in it may be moved into your Account Balance or withdrawn to a wallet you control through the Old Wallet login, as described in Section 9(e). You are solely responsible for the security of your Account credentials and any Old Wallet credentials, passkeys, and recovery methods. Transactions broadcast to a blockchain network cannot be reversed by Monster once submitted.

4. Payments

(a) Payment Methods. Purchases may be made (i) from your Account Balance, or (ii) in U.S. dollars by credit card, debit card, Apple Pay, Google Pay, or other supported payment methods, processed through the hosted checkout of our third-party payment processors (each, a “Payment Processor”), in each case as listed in the Application from time to time. You may add funds to your Account Balance by card, bank transfer, or supported digital assets through the Balance Provider, as described in Section 9. Your use of a Payment Processor or the Balance Provider is subject to its own terms and privacy policy, which you must review and accept, and its name may appear on your card or bank statement.

(b) Funding with Digital Assets. If you add funds to your Account Balance with digital assets, you send them to the deposit address and network shown to you by the Balance Provider, and the deposit is credited to your Account Balance in U.S. dollars at the rate applied by the Balance Provider at the time of receipt. If you acquire digital assets from a third-party provider for that purpose, that purchase is a separate transaction between you and that provider, governed by its own terms, to which Monster is not a party. Transfers on a blockchain network require network fees and are final and irreversible once broadcast. Assets sent to the wrong address or on an unsupported network may be lost, and neither Monster nor the Balance Provider can reverse, recall, or modify on-chain transactions.

(c) Chargebacks. If you believe a charge was made in error, contact us at info@mnstr.xyz before disputing the charge with your card issuer, and we will review in good faith. Initiating a chargeback or payment dispute with respect to a completed pack opening, or otherwise abusing payment dispute processes, may result in suspension or termination of your Account, forfeiture of promotional benefits, and recovery of amounts owed, in each case to the extent permitted by applicable Law. Nothing in this Section limits any right you may have under applicable Law or your card network’s rules.

(d) Pricing; Errors. All prices are stated in the Application at the time of purchase. We reserve the right to correct pricing or listing errors, and to cancel and refund any purchase made at an erroneously stated price prior to pack opening.

5. Packs; Odds; Buyback

(a) Guaranteed Contents. Every pack contains exactly one Card (or such other guaranteed minimum contents as stated on the applicable product page). You will always receive an authentic, professionally graded, physical collectible. No pack is ever empty.

(b) Odds Disclosure. Before you purchase any pack, the Application displays the odds of receiving Cards within stated categories or value ranges for that pack. Odds are calculated from the actual inventory allocated to the applicable pack and may change in real time as inventory is depleted and replenished. The odds displayed at the time of your purchase are the odds applicable to that purchase. We retain inventory and outcome records sufficient to demonstrate that the odds displayed at the time of a purchase were the odds applicable to that purchase, for a period of not less than three (3) years. The distribution of Cards within a stated category or value range may not be, and is likely not to be, equal. No specific Card or result is guaranteed, and past results do not affect future results except where an active feature described in the Promotions Schedule expressly provides otherwise.

(c) Randomization. Pack outcomes are determined by a randomization process from the disclosed odds.

(d) All Sales Final. All pack purchases are final and non-refundable once the pack is opened, except as expressly provided in these TOS or as required by applicable Law. Because the value of a pack lies in the chance distribution of its contents, packs that have been purchased but not yet opened may be refunded only as described on the applicable product page or with our consent.

(e) Instant Sellback. After you open a pack, Monster may offer to purchase your Card at a stated percentage of that Card’s Fair Market Value, as displayed on the applicable product page (the “Sellback Offer”). The applicable sellback percentage is 85% of FMV by default, and particular packs or active promotional features may provide a higher percentage of up to 95% of FMV, in each case as displayed on the applicable product page at the time of your purchase. A feature described in the Promotions Schedule may expressly guarantee a minimum Sellback amount that exceeds the percentage stated above, in which case that guarantee applies. “Fair Market Value” or “FMV” means the value of a Card as determined solely by Monster in its discretion, informed by independent third-party pricing sources (currently Card Ladder) and market data. Monster does not disclose its full model for determining FMV, and FMV may not match published market values or the price at which any Card actually trades. The FMV used to calculate a Sellback Offer for a Card is the same FMV displayed for that Card in the Application at that time, determined on a consistent basis across users. Sellback Offers are time-limited and, except where a feature described in the Promotions Schedule expressly guarantees a minimum sellback amount (such as an active Can’t Lose bonus, whose guarantee will be honored as described in the Promotions Schedule), are made on a best-effort basis and may be affected by maintenance, compliance actions, security measures, or other operational constraints. Accepted Sellback Offers are credited to your Account Balance as described in Section 9(b).

(f) Estimated Values. Any estimated value, FMV figure, multiplier, or similar figure displayed in the Application or in our marketing is an estimate only, reflects Monster’s FMV determination at a point in time, is not an appraisal, and, except as provided in Section 5(e) with respect to Sellback Offers, is not a representation of the price at which any Card can be sold.

6. The Vault; Custody; Title; Shipping

(a) Vault Storage. Upon your purchase of a Card, the physical Card is held for you in secure storage with one or more third-party vault custodians engaged by Monster. Monster shall maintain, directly or through its Vault partners, an insurance policy covering the Cards held in the Vault sufficient to cover the fair market value of such Cards. While your Card is in the Vault, Monster (through its Vault partners) shall exercise reasonable care in the storage and handling of your Card. EXCEPT TO THE EXTENT ARISING FROM MONSTER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, MONSTER’S SOLE OBLIGATION IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF A CARD IN THE VAULT SHALL BE TO PAY YOU THE FMV OF THE CARD, WHETHER FROM INSURANCE PROCEEDS OR OTHERWISE.

(b) Title. Title to the Card you receive from a pack passes to you upon reveal of that Card in the Application, subject to your compliance with these TOS. Monster’s books and records are the definitive record of ownership of each Card. Any blockchain entry associated with your purchase is a convenience record only, is not transferable by you to any other person, other than to Monster in connection with an accepted Sellback Offer, a Marketplace sale, or a redemption, is not itself the collectible, is not required in order to own, ship, or sell your Card, and confers no rights other than as described in these TOS. While your Card remains in the Vault, Monster and its Vault partners hold the Card as bailee for you as the owner, and Monster will maintain records sufficient to identify your Cards.

(c) Insolvency. In the event of Monster’s insolvency, bankruptcy, or cessation of business operations, Cards held in the Vault are the property of their respective owners and we have established procedures designed to ensure their return. To initiate the return process, you will be responsible for the cost of shipping and any associated taxes, and we will publish instructions and allow a reasonable period, in no event less than twelve (12) months after public notice of the applicable event, in which to initiate the return process.

(d) Shipping and Redemption. You may request shipment of any Card you own in the Vault to an address you provide. As a precondition to shipment, we may require verification of (i) your identity, (ii) your compliance with these TOS and eligibility to use the Products, and (iii) your ownership of the applicable Card. Shipping, handling, insurance-in-transit, customs, duties, and applicable Taxes are your responsibility, are payable before shipment, and will be displayed before you confirm shipment (currently $5 / $20 for U.S. shipments and $30 / $40 for international shipments, plus handling). Upon shipment, we will update our records, and any associated blockchain record may be updated, to reflect redemption and risk of loss passes to you upon our delivery of the Card to the carrier, provided that we will reasonably assist you with carrier insurance claims for shipments lost or damaged in transit.

(e) Mistaken Shipments. If you receive a Card that was sent to you by mistake (including a Card you did not order, a Card intended for another recipient, or an incorrect Card), you must notify us promptly and make the Card available for return at our expense.

(f) Abandoned Property. Cards, and any amounts we owe you that we have not yet paid, may become subject to applicable unclaimed property Laws if your Account is inactive for the period specified under applicable Law. Before remitting any property to a state as required by Law, we will attempt to notify you using the contact information on record.

7. Marketplace; Auctions; Drops

(a) Marketplace. The Application may offer Cards for direct sale by Monster from its own inventory at the prices listed in the Application (the “Marketplace”). Listed prices are set by Monster in its discretion and may exceed FMV. Marketplace purchases are final upon settlement, and title and Vault custody records transfer to you upon settlement, with the purchased Card treated thereafter as a Card under Section 6.

(b) Auctions; Drops. The Application may offer auctions, drops, sealed products, and other purchase formats from time to time. Format-specific rules, including bid increments, payment windows, reveal mechanics, and any blind or randomized elements, will be stated in the Application and/or the Promotions Schedule before you participate. Bids are binding offers to purchase. If you win an auction and fail to pay within the stated payment window, we may cancel the sale, relist the item, suspend your Account, and/or restrict your future participation.

(c) Market Conduct. You shall not: (i) manipulate or attempt to manipulate the price of any Card or the outcome of any auction, including by wash trading, self-dealing, fictitious transactions, bid shilling, or collusion; (ii) use multiple Accounts to evade limits, capture promotions, or manipulate odds-based or points-based features; or (iii) violate any market-integrity rule stated in the Application. We may suspend access, cancel transactions, withhold promotional benefits, and report conduct to authorities where required.

(d) Leaderboards; Public Display. The Application may include leaderboards, recent-pull feeds, and similar features that display to other users your display name or handle, your pack and Card activity, and related rankings. We will not display your legal name, contact details, wallet address, or shipping information in these features. You may opt out of appearing in them at any time through your Account settings or by contacting us at info@mnstr.xyz. Rankings and displayed results reflect activity recorded by us, are not verified for any other purpose, and are not a representation of typical results.

8. Points

The Products include a points program under which you earn points on qualifying purchases and activities, at the rates displayed in the Application and the Promotions Schedule (hereinafter “Points”). Points are shown on your profile and on leaderboards, where they rank activity among users as described in Section 7(d). Points are a promotional loyalty feature, they are provided at no additional charge, are non-transferable, may not be sold, bartered, or exchanged outside the Products, have no cash or monetary value, are not stored value, property, or a financial instrument, and are not redeemable for cash or any digital asset. From time to time we may offer a redemption catalog through which Points can be exchanged for packs, perks, boosts, or other items; where we do, the items available and their Point prices are those displayed at the time of redemption, and packs obtained through Points redemptions are subject to Section 5 in the same manner as purchased packs, except that Cards revealed from packs obtained through Points redemptions are not eligible for an Instant Sellback under Section 5(e). We reserve the right, at our sole discretion, to modify, suspend, limit, or terminate the Points program or any redemption catalog, and to adjust Points balances to correct error, fraud, or abuse, in each case in accordance with Section 1 notice mechanics for material changes.

9. Balances; Payouts; Transfers

(a) Your Account Balance. Your “Account Balance” is the U.S. dollar balance held in the balance account opened in your name with the Balance Provider, together with any amounts we owe you that have not yet been credited to it. You may fund your Account Balance as described in Section 4, spend it on the Products, and withdraw it as described in Section 9(c). The Balance Provider holds your Account Balance; Monster does not hold your funds, does not pool user funds with its own, and reads your Account Balance from the Balance Provider for display purposes and to settle purchases that you instruct. YOUR ACCOUNT BALANCE IS NOT A DEPOSIT OR SAVINGS ACCOUNT WITH MONSTER, DOES NOT EARN INTEREST FROM MONSTER, AND IS NOT INSURED BY THE FDIC, SIPC, OR ANY OTHER GOVERNMENTAL PROGRAM. The Balance Provider states that it is not a financial institution and that balances it holds are held for your benefit with its partner banks; its own terms govern that arrangement.

(b) Payouts. Accepted Sellback Offers and Marketplace sale proceeds are credited to your Account Balance, ordinarily promptly following acceptance or settlement. We may delay or suspend a credit where required for legal compliance, sanctions screening, fraud prevention, or security, and will communicate the reason to you except where prohibited by Law. As a precondition to certain credits, withdrawals, or shipments (including above thresholds we or the Balance Provider set for compliance purposes), we or the Balance Provider may require identity verification, which may include providing government-issued identification and a live verification check performed by a third-party verification provider.

(c) Withdrawals. You may withdraw your Account Balance to a bank account or to a supported digital-asset wallet through the Balance Provider, subject to the Balance Provider’s terms, limits, identity verification requirements, and any fees it displays to you before you confirm. Withdrawals to a bank account settle on the timelines of the applicable payment networks. Withdrawals in digital assets are blockchain transactions that are final and irreversible once broadcast, and you bear sole responsibility for the accuracy of any destination address and network you provide.

(d) No Fiduciary Relationship. Nothing in these TOS creates a trust, fiduciary, advisory, or agency relationship between you and Monster with respect to your Account Balance or any wallet.

(e) Old Wallets. If your Account has an Old Wallet, any digital assets remaining in it are yours and are not part of your Account Balance. Through the Old Wallet login you may move those assets into your Account Balance, by sending them to the deposit address the Balance Provider provides for your Account, or withdraw them to any wallet you control. Those transfers are blockchain transactions that you initiate and sign from the Old Wallet, are final and irreversible once broadcast, and Monster cannot reverse, recall, or recover them.

10. Promotions Schedule; Sweepstakes; Partner Program

(a) Promotions Schedule. Feature-specific mechanics for promotional and gameplay features, including bonus features (such as Can’t Lose, Rip Rally, and Dupe Shield), deposit or top-up promotions, Points earning and redemption rates, drop formats, and the Partner Program, are set out in the Monster Promotions Schedule published at [mnstr.xyz/promotions] (the “Promotions Schedule”), which is incorporated into these TOS by reference. The Promotions Schedule may be updated from time to time; updates apply prospectively only, each version of the Promotions Schedule will bear its own effective date, and we maintain an archive of prior versions. In the event of any conflict between these TOS and the Promotions Schedule, these TOS control, and the Promotions Schedule may supplement but may not reduce your rights under Sections 5, 6, and 9.

(b) Sweepstakes and Giveaways. Sweepstakes, giveaways, and contests are governed by the official rules published for each such promotion, which will state eligibility, entry methods, odds, prizes, and any free alternative means of entry. NO PURCHASE IS NECESSARY TO ENTER ANY SWEEPSTAKES OR GIVEAWAY, AND A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Promotions are void where prohibited by Law.

(c) Referral Program. The Products may include an invite-only referral program under which participants receive compensation based on activity attributable to their referral code, as described in the Promotions Schedule and any separate Referral Terms. Referral participants are independent third parties, not our employees or agents. Any participant who creates or publishes content about Monster must clearly and conspicuously disclose their material connection to Monster, consistent with the FTC’s Endorsement Guides, and may not make earnings, value, or odds claims not published by Monster. We may modify, suspend, or terminate the referral program or any participant’s eligibility at any time, and may withhold compensation for fraud, self-referral, or abuse.

11. Responsible Use

Opening packs is meant to be fun. Purchase packs only with money you can afford to spend on collectibles. You may request self-exclusion at any time by contacting info@mnstr.xyz, in which case we will disable pack purchases for your Account for the period you request (minimum 30 days, irrevocable during the period), or you may delete your Account at any time from your Account settings. If you believe you may have a problem with compulsive spending or gambling, help is available: in the United States, call or text 1-800-GAMBLER, or visit ncpgambling.org.

12. Taxes

We are not responsible for determining the withholding, sales, use, value added, transfer or other tax, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your use of our Products, except that sales tax on fiat purchases may be collected and remitted by the applicable Payment Processor or merchant of record where it acts in that capacity. Blockchain-based transactions are novel, and their tax treatment is uncertain. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions, including your sales of Cards, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. We may require tax documentation (such as an IRS Form W-9) as a precondition to certain payouts or shipments, and may issue information returns where required by Law.

13. Proprietary Rights; Third-Party IP

As between you and us, we own, solely and exclusively, all right, title and interest in and to the Products and all elements thereof, including any and all graphics, images, text, files, designs, systems, methods, information, computer code, software, scripts, services, marks and branding, the selection and arrangement thereof, including all intellectual property and proprietary rights (whether registered or unregistered, in any jurisdiction) related to any of the foregoing. All rights in and to the Products not expressly granted to you under these TOS are expressly reserved. Your purchase of a Card conveys ownership of the physical collectible only, and does not convey any intellectual property rights in any artwork, character, name, or logo depicted on the Card, all of which remain with their respective owners. Pokémon is a trademark of Nintendo, Creatures Inc., and Game Freak Inc.; One Piece is a trademark of its respective owners; and other card game and sports properties referenced in the Products are trademarks of their respective owners. Monster is not affiliated with, endorsed by, or sponsored by any of those entities. Cards sold on the Products are genuine products resold by Monster.

14. Limited License

Subject to the restrictions and limitations set forth in these TOS, and contingent upon your ongoing compliance with these TOS, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the Products. The only purpose of this license is to allow you to use the Products solely as permitted by these TOS.

15. Prohibited Use

Any commercial distribution, publishing, use or exploitation of the Products or any element thereof (including any content, software, code, data or materials used in or available on the Products) is prohibited. As a condition of your access to and use of the Products, you agree that you will not use the Products or any element thereof for any purpose that is unlawful, commercial in nature or prohibited by these TOS. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Products from a jurisdiction where such access or use is illegal or unauthorized. By way of example, and not limitation, you agree that you shall not: (a) use the Products for, or to promote or facilitate, illegal activity (including, without limitation, money laundering, financing terrorism, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons); (b) exploit the Products for any unauthorized commercial purpose, including unauthorized resale of packs or bulk purchasing for resale; (c) upload or transmit viruses, worms, trojan horses, time bombs, cancel bots, spiders, malware, or any other type of malicious code; (d) attempt to or actually copy or make unauthorized use of all or any portion of the Products, including attempting to reverse compile, reformat or frame, disassemble, or reverse engineer any part of the Products, or to predict, manipulate, or exploit the randomization process; (e) harvest or otherwise collect information from the Products for any unauthorized purpose; (f) use the Products under false or fraudulent pretenses or otherwise be deceitful, including creating multiple Accounts or misrepresenting your location; (g) interfere with other users’ access to or use of the Products; (h) interfere with or circumvent the security features of the Products or any third party’s systems, networks, or resources used in the Products; (i) evade or attempt to evade any geographic, eligibility, or access restriction; (j) access the Products through bots, scripts, or other automated means; (k) engage in any attack, hack, denial-of-service, interference, or exploit of any smart contract in connection with the use of the Products (and operations performed by a user that are technically permitted by a smart contract may nevertheless be a violation of these TOS, and the law); (l) engage in any anticompetitive behavior or other misconduct; or (m) transfer or attempt to transfer, wrap, tokenize, or create or purport to create any security interest, derivative claim, or other encumbrance over any blockchain entry associated with a Card.

16. Restriction of Access

We reserve the right to deny access and use privileges to anyone (and to suspend, restrict or terminate any Account) at our sole and absolute discretion, including without limitation if we suspect that any Account, Account Balance, or Old Wallet has or will be used for any fraudulent, illegal, or other unauthorized purposes, or that you are located in an Excluded Jurisdiction. Where practicable, restriction will first take the form of purchase-only restrictions (no new pack purchases). Suspension or termination of your Account does not, by itself, divest you of title to Cards you own, following any suspension or termination, and subject to your compliance with identity verification and amounts you owe us, you will retain the ability to request shipment of your Cards under Section 6(d) and, where we owe you amounts we have not yet paid, payment of those amounts under Section 9(b), except where and for so long as we are prohibited by Law from providing them. We will make shipment available under Section 6(d) within thirty (30) days of your request, using such identity verification means as are then available to us.

17. Third Party Websites and Services

The Products may contain links or connections to third party websites and services, including Payment Processors, the Balance Provider, Vault partners, grading companies, data providers, and blockchain networks, and third party websites may link to the Products. The inclusion in the Products of any link to a third party website does not constitute an endorsement or sponsorship by us of such third party website, or the information, content, products, services, advertising, code or other materials presented on or through such third party website. Any reliance on the contents of a third party website or service is done at your own risk and is subject to their own terms and conditions.

18. User Content

The Products may provide you with the opportunity to submit, post, display, transmit or otherwise make available certain content, including shared pull or collection cards, messages, files, data, comments, and other items. By submitting, transmitting, posting, displaying or otherwise making available any content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free and fully paid-up license to exploit such content for our lawful business purposes, including to provide, promote, and improve the Products, without obligation. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein. We shall have the right, but not the obligation, to monitor, edit, or remove any content submitted to or posted through the Products.

19. Representations and Warranties

In addition to any representations and/or warranties set forth elsewhere in these TOS, you represent and warrant that at all relevant times: (a) neither your performance under these TOS, nor your use of the Products in accordance with the terms herein, has violated or will violate any applicable Law; (b) you are of legal age, in the jurisdiction in which you reside, to enter into a binding contract (and in any event are older than eighteen (18) years of age); (c) you have full legal authority without any further action or other party’s consent to enter into and perform this agreement and to give these representations and warranties; if you are an entity, the individual transacting on your behalf is authorized to do so and the entity is duly incorporated or formed, validly existing and in good standing in the jurisdiction where it is incorporated or formed; and (d) you acknowledge and affirm that you are purchasing Cards for purposes of acquiring physical collectibles for personal enjoyment and not for any investment or speculative purposes, and that any economic benefit that may be derived from appreciation in the value of a Card is incidental to obtaining it for its collectible purpose. You also represent and warrant that at all relevant times: (i) your use of the Products is genuine and not the product of any collusive or other anti-competitive agreement and otherwise consistent with any applicable antitrust laws; (ii) you have no knowledge or reason to suspect that the funds used are connected with the proceeds of criminal activity; (iii) you are not, nor are you owned by, controlled by, or acting on behalf of, an entity or individual that is the subject of economic sanctions, embargoes or other trade restrictions in any jurisdiction, or otherwise located, organized, or resident in a sanctioned jurisdiction; (iv) you meet, and will continue to meet, the eligibility requirements of Section 3; and (v) you are using the Products only with funds you can afford to spend on collectibles.

20. General Release of All Claims

To the fullest extent permitted by applicable law, you do hereby irrevocably and unconditionally release, cancel, and forever discharge Monster and its affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, directors, partners, members, providers, representatives, and licensors (collectively, the “Released Parties”) from any and all claims, complaints, causes of action, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, expenses, and executions of any kind or nature whatsoever, whether known or unknown, actual or potential, whether arising in law or in equity, which you may have, may have had, or may in the future obtain, arising out of or relating to any acts, omissions, agreements, or events relating in any manner to the Products, except for the right to enforce these TOS. Without limitation on the foregoing, you have been made aware of, fully understand, and expressly, knowingly, and intentionally waive any and all rights, benefits, and other protections afforded by federal or state statute or common law principles which set forth that “a general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the released party” and of any other analogous federal or state statute or common law principle that limits the scope of a general release. Nothing in this Section releases or waives any claim or right that cannot be released or waived under applicable Law. If any portion of this Section is held unenforceable, the remainder continues in full force and effect. Nothing in this Section releases or waives Monster’s obligations with respect to Cards in the Vault under Section 6(a), your title to the Cards you own, or your rights under Section 16.

21. Indemnification

You agree to defend, indemnify on demand and keep Monster and the Released Parties indemnified, and hold them harmless from any and all third-party claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees and the costs of enforcing this Section, arising in any way from (a) your use of or reliance on the Products or any services, content, functions, information, materials, or products available through the Products, (b) your placement or transmission of any transaction, message, content, information, software or other materials through the Products, (c) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these TOS, including any representation or warranty you make under Section 19, (d) Taxes for which you are responsible under Section 12, (e) any use of your Account, your Account Balance, or any Old Wallet by any person, whether or not authorized by you, and any transaction, withdrawal, or transfer initiated from them, (f) your retention of any Card shipped to you by mistake, in breach of Section 6(e), or (g) your listing or sale of any Card on the Marketplace. We will notify you of any claim for which we seek indemnity under this Section, and you will cooperate with us in defending it. We may assume and control the defense and settlement of any such claim, at your expense and with counsel of our choosing, and you may not settle or compromise any such claim in a manner that imposes any obligation on, or admits any fault by, a Released Party without our prior written consent. Your obligations under this Section do not apply to the extent a claim is finally determined by a court or arbitrator of competent jurisdiction to have been caused by the gross negligence, willful misconduct or fraud of a Released Party. This Section survives any termination of these TOS or of your Account.

22. Disclaimer of Warranties

The Products are provided on an “As Is” and “As Available” basis without any guarantee, representations or warranties by us, except as expressly stated in these TOS. Grading of Cards is performed by independent third-party grading companies, and we make no representation or warranty as to the accuracy of any grade, the condition of a Card within its encapsulation, or the market value, rarity, provenance, or future value of any Card, beyond our representation that Cards sold by Monster are authentic products graded and encapsulated by the stated grading company. If a Card you receive from us is determined not to be an authentic product graded and encapsulated by the grading company stated at the time of your purchase, your exclusive remedy, and our sole obligation, is at our election to refund the amount you paid for the applicable pack or Card or to replace the Card with a Card of comparable FMV, provided that you notify us within ninety (90) days after reveal or delivery and make the Card available to us for inspection. You should not take, or refrain from taking, any action based on any information contained on mnstr.xyz or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets, and videos. Transactions on blockchain networks may require the payment of gas fees, which are network transaction fees and are non-refundable. We offer the Products as a convenience. Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, for example, in relation to accessing the Products and in maintaining continuity of such access.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT AS EXPRESSLY STATED IN THESE TOS AND EXCEPT IN SO FAR AS SUCH OBLIGATIONS CANNOT BE EXCLUDED BY LAW.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT: (A) THE PRODUCTS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (C) THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED; (E) THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) ANY CARD WILL RETAIN OR ACHIEVE ANY PARTICULAR VALUE, OR THAT ANY SELLBACK OFFER OR MARKETPLACE LIQUIDITY WILL BE AVAILABLE AT ANY PARTICULAR TIME, EXCEPT AS EXPRESSLY STATED IN THESE TOS.

23. LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT, INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TOS, (B) THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS, INFORMATION, OR FUNCTIONS AVAILABLE THROUGH THE PRODUCTS, (C) YOUR PROVISION OF INFORMATION VIA THE PRODUCTS, (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PRODUCTS, (E) ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PRODUCTS, OR (F) LOST PROFIT, BUSINESS OR SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100.00) OR THE TOTAL AMOUNTS YOU PAID TO MONSTER IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION LIMITS (I) MONSTER’S OBLIGATIONS WITH RESPECT TO CARDS IN THE VAULT UNDER SECTION 6(a), (II) YOUR OWNERSHIP OF YOUR CARDS OR YOUR RIGHT TO RECEIVE ELIGIBLE ACCOUNT BALANCES, OR (III) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

24. Acknowledgement and Acceptance of Risk

(a) Collectibles Market Risk. You acknowledge and agree that the market for trading cards and collectibles is volatile and unpredictable, that the value of any Card is subjective and may decline, that grading standards and market preferences change over time, and that fluctuations in the collectibles market could materially and adversely affect the value of Cards. Estimated values displayed in the Application are estimates only.

(b) Randomized Purchase Risk. You acknowledge that pack contents are determined at random from disclosed odds, that lower-value Cards are more common than higher-value Cards, that the Card you receive will frequently be worth less than the price of the pack, and that you should never purchase packs as a means of making money.

(c) Inherent Risks of Blockchain Technology. Certain elements of the Products, including funding or withdrawing your Account Balance with digital assets and the Old Wallet login, utilize blockchain technology. You acknowledge, understand and are willing to accept the risks associated with technological and cryptographic systems such as blockchains, smart contracts, consensus algorithms, cryptocurrencies, and decentralized or peer-to-peer networks and systems, including malfunctions, bugs, timing errors, hacking and theft, changes to the rules of the blockchain (i.e., “forks”), hardware, software and/or Internet connectivity failures, unauthorized third party data access, and other technological risks, any of which can adversely affect the relevant systems and may expose you to a risk of loss. You accept the inherent security risks of providing information and conducting business over the Internet, and acknowledge that Monster assumes no liability or responsibility for any such failures, risks, or uncertainties, except as expressly stated in these TOS.

(d) Third-Party and Regulatory Risk. You accept and acknowledge that (i) we do and will rely on third parties in the operation of the Products, including Vault partners, grading companies, Payment Processors, the Balance Provider, carriers, and blockchain networks; and (ii) the applicable regulatory landscape governing collectibles commerce, randomized products, blockchain technologies, and digital assets is evolving, and new regulations or policies may materially affect the Products or your ability to access or use them.

(e) No Implicit Endorsements. You acknowledge that reference on the Products to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

(f) Local Standards. You acknowledge that the Products and the content, materials, information, or functions available through the Products may not be appropriate for use in all locations. Persons who choose to access the Products do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

25. Governing Law, Dispute Resolution and Class Action Waiver

(a) Governing Law. These TOS and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of Delaware applicable to contracts entered into and performed in Delaware by residents thereof, without regard to conflicts of laws principles; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9).

(b) Dispute Resolution. We will use good faith efforts to resolve any potential disputes through informal negotiations. If a potential dispute arises, you must contact us by sending an email to info@mnstr.xyz describing the claim and the relief sought so that we can attempt to resolve it without resorting to formal dispute resolution. If we are unable to reach an informal resolution within thirty (30) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth herein. Any claim or controversy arising out of or relating to the use of our Application, other Products, these TOS, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability, shall be finally and exclusively settled by arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules in effect when the arbitration is commenced. You understand that you are required to resolve all disputes by binding arbitration. The arbitration shall be held on a confidential basis (to the fullest extent possible under applicable law) before a single arbitrator, who shall be selected pursuant to AAA rules. The seat and venue of arbitration is New York County, New York, and hearings will be conducted by videoconference by default, unless you and we agree otherwise or the arbitrator determines that an in-person hearing is required. Either party may elect to have a dispute heard in small claims court if it qualifies for that court’s jurisdiction. The arbitrator may award any relief available in court (excluding class-wide relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration, you agree to waive any right to a jury trial and any claim may be brought only in a Federal District Court or a New York state court located in New York County, New York.

(c) Class Action and Jury Trial Waiver; Mass Filings. You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. Notwithstanding anything to the contrary in these TOS, nothing in these TOS waives your right to seek public injunctive relief, and any claim for public injunctive relief is severed from arbitration, stayed pending arbitration of your remaining claims, and heard in a court identified in Section 25(b). If the class action waiver in this Section is found unenforceable as to any claim or part of a claim, then the agreement to arbitrate is void as to that claim or part, which shall instead proceed in a court identified in Section 25(b), and Section 28 shall not apply to this sentence or to the class action waiver. You and we both agree to waive the right to demand a trial by jury. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these TOS by sending written notice of your decision to opt-out to info@mnstr.xyz. The notice must be sent to us within thirty (30) days of agreeing to these TOS (or if this Section pertaining to arbitration is materially amended hereafter, within thirty (30) days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these TOS, and the notice must specify your name and mailing address. If twenty-five (25) or more similar demands for arbitration are filed by or with the coordination of the same or coordinated counsel, the parties agree the demands will be administered under the AAA Mass Arbitration Supplementary Rules (or the AAA’s then-current mass-filing procedures), including staged bellwether proceedings of up to ten (10) cases followed by a global mediation of remaining demands, to promote efficient and fair resolution; each claimant retains the right to an individualized determination.

26. Termination

Notwithstanding anything to the contrary set forth in these TOS, we may terminate access to all or any part of the Products at any time, and/or block or prevent future access to and use of the Products, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Products, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of these TOS shall survive, (b) your ownership of your Cards and eligible Account Balances is addressed in Section 16, and (c) the provisions of these TOS that by their nature are intended to survive termination shall so survive. For the avoidance of doubt, no suspension or termination affects your title to Cards you own, and our obligations with respect to Cards in the Vault under Section 6 survive.

27. Injunctive Relief

You agree that a breach of these TOS will cause irreparable injury to Monster for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

28. Severability

Wherever possible, each provision of these TOS shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these TOS shall be prohibited by or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable under applicable law. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of these TOS, but these TOS shall be construed as if such unenforceable provision had never been contained herein.

29. Assignment

We have the unrestricted right to assign these TOS, and/or any of the rights granted hereunder, in whole or in part, to any entity as we may determine from time to time in our sole discretion. You may not assign these TOS.

30. Miscellaneous

We both agree: (a) these TOS incorporate the applicable Privacy Policy, the Promotions Schedule, and any other terms applying to your use of the Products by reference; (b) captions are inserted for reference and convenience only and in no way define, limit, or describe the scope of these TOS or intent of any provision; (c) a waiver by us of any term or condition of these TOS in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof; (d) other than the Released Parties, who are intended third-party beneficiaries of Sections 20, 21, 22 and 23 and may enforce those Sections directly, these TOS shall not give any right or remedy to any third party whatsoever unless said right or remedy is specifically granted by us in writing to such third party; (e) these TOS contain our entire understanding relating to the subject matter hereof; (f) these TOS cannot be changed except as set forth herein or by written agreement signed by us; (g) we may from time to time in the future offer additional products, and such additional products shall be considered Products as used herein, regardless of whether such product is specifically defined in these TOS; (h) we reserve the following rights, which do not constitute obligations of ours: (i) with or without notice to you, to modify, substitute, eliminate or add to any of the Products, and (ii) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products, in each case subject to Sections 6 and 16; (i) we shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, power or internet failures, blockchain network failures or congestion, carrier delays, or acts or omissions of Vault partners, Payment Processors or other third parties, provided that this clause does not suspend our obligations under Section 6(a); and (j) you consent to receive all communications, agreements, and notices from us electronically, through the Application or at any contact information you provide, and such electronic communications satisfy any legal requirement that a communication be in writing.

32. Further Inquiries

You may direct questions about these TOS, or other issues, to:

Monster Strategy, Inc.

223 Bedford Ave PMB 78, Brooklyn, NY 11211

info@mnstr.xyz | Copyright Agent: Monster Strategy, Inc., Attn: Legal, at the same address and email