Updated and Effective
Name of Company: Race Kingdom Ltd
Company Details: an International Business Company incorporated under the laws Republic of Seychelles (Hereinafter “RK”/ “Race Kingdom”/ “Company”/ “us”/ “we” or “our”)
Race Kingdom owns and operates the RK digital platform, which includes our website at www.racekingdom.io, race kingdom mobile applications, application programming interfaces, and other products and services offered through the RK digital platform (Collectively the “Platform”). The services include all RK products (including digital products or virtual assets), any non-fungible tokens issued by us for use in the Platform (‘NFTs’), other features, content, applications, services, technologies, and software (collectively the ‘Service(s)’). Any visitor (collectively, “User”, “you” or “your”) may only use our Platform and Services in compliance with Terms and all applicable laws.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM AND ALL SERVICES THEREIN. THESE TERMS GOVERN YOUR USE OF THE PLATFORM AND SMART CONTRACTS UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE RK AND THE PLATFORM AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES AND THE PLATFORM OR PURCHASING A NFT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING ANY AMENDED TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU SHOULD DISCONTINUE USE IMMEDIATELY.
If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept these terms on that entity’s behalf, in which case “you” will mean that entity. If you do not have such authority, or if you do not accept all of these terms, then we are unwilling to make the Services, Platform, or an NFT, available to you.
We reserve the sole right to amend these Terms and we advise you to frequently visit the Platform and check the Terms for any changes or modifications. All changes shall take effect upon posting. For technical reasons or at the request of regulatory agencies, we may suspend, terminate, change or limit access to all or any part of the Platform without liability.
- The Platform is made available by the Company and offers the functionalities and utilities included in the Whitepaper.
- The Platform includes a distributed application that runs on the Binance Smart Chain (‘BSC’) Network, using uniquely developed smart contracts to enable users to purchase, sell, breed and race statistically unique digital thoroughbreds, which can then be visualiRK on the Platform that the User can interact and earn $ATOZ from RK.
- The Platform is only available to Users who have attained the age of at least twenty-one (21) years or the age of majority in Your jurisdiction to access and use the Platform (“Majority”). You must not create an account if you are under the age of Majority. If you are below the age of Majority, you are prohibited from creating an account without the consent and approval of your legal parent or guardian. If you are under the age of Majority and have created an account with the parent/legal guardian, then you represent that your parent or legal guardian has reviewed and agreed to these Terms.
- The Platform is not available in every region. We reserve the right to restrict or block access to our Services and Platform in location for any reason whatsoever without providing any reason to the User.
2. NFT Sale
- User agrees and acknowledges that when the User procures the NFTs from the Platform the User shall automatically be bound by the NFT Terms which can be accessed through NFT Terms present on the Race Kingdom website (“NFT Terms”). If any conflict exists between these Terms and any Pre-Sale Agreements, such Pre-Sale Agreements shall prevail.
a. For the purposes of these Terms:
i. Content means all documents, information, data, text, software, music, sound, photographs, messages, tags, logos, slogans, custom graphics, button icons, scripts, videos, text, images, code, files, content, and/or other materials accessible through the Platform, whether publicly posted or privately transmitted,
ii. Intellectual Property means all intellectual property in the NFT and the Content including but not limited to all copyright, patents, trademarks, trade secrets, business names, domain names, trading styles, get-up, designs, know-how, processes, methodologies, and all current and future registered and unregistered rights, development or enhancement of the Intellectual Property owned by us or by our licensors.
iii. Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
- Intellectual Property or any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
- any application or right to apply for registration of any of these rights or other rights of a similar nature arising or capable of arising under statute or at common law anywhere in the world;
- any registration of any of those rights or any registration of any application referred to in paragraph (B);
- all renewals and extensions of these rights; and
- any other Intellectual Property Rights as provided herein under these Terms.
b. The Company or the relevant licensors retain all rights, title, and interest in and to the Platform and its products and services, including all Intellectual Property Rights over the Content available on the Platform.
c. You consent to abstain from reproducing, copying, republishing, distributing, displaying, transmitting, or posting by any means or in any form, including but not limited to, mechanical, electronic, recording, photocopying, or otherwise without the prior written approval of the Company (or the applicable licensors). The Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to the content posted by the User that User posts on the Platform.
d. The use of the Content on any third-party website, including framing or linking, or in any networked computer station for any purpose whatsoever, is strictly prohibited without the Company’s prior written consent.
e. You may only access, use and print the information and material on this Platform for non-commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices. Without limiting the generality of the foregoing, you consent to use the Platform and the Content for lawful purposes only. You are prohibited from any use of the Platform or Content that will constitute a breach of any applicable law, rule, regulation, or ordinance of any locality or state or of any international law or treaty, or that could cause any liability under criminal or civil law.
f. The Platform neither warrants nor represents that your use of Content will not infringe the rights of third parties. While the Platform uses reasonable efforts to include accurate and up-to-date information, the Platform makes no warranties or representations as to its accuracy. The Platform assumes no liability or responsibility for any errors or omissions in the content of the Platform.
g. Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and the Content thereon.
h. Any use of the Platform or the Content therein other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.
4. Third Party Content
a. We may display third-party content, advertisements, links, promotions, logos, and other materials on our Platform (collectively, the “Third-Party Content”) for your convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides such Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third-party sites linked to our Platform nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.
5. User Content
a. If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code, or other information and materials, sign up to our mailing list or create an account on our Platform (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up-to-date and complete. You confirm that any User Content you post, upload, input, provide or submit to us or via our Platform does not breach or infringe the intellectual property or any other proprietary rights of any third party, including the right of publicity or privacy, of any person or entity. We do not own, control or endorse any User Content that is transmitted, stored, or processed via our Platform or sent to us and we are not responsible or liable for any User Content.
b. We will not be liable for any loss that you may incur as a result of someone else using your User Content, either with or without your knowledge. For the purposes of these Terms, ‘Loss’ shall mean and include any loss, damage, cost, charge, liability, or expense (including legal costs and expenses).
c. Although we have no obligation to screen, edit or monitor User Content, we reserve the right and have absolute discretion, to remove, screen, or edit User Content. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach, or misuse of our Platform or if you breach any of your obligations under these Terms or any other policy on the Platform, we may suspend your use of the Platform at any time and for any reason.
6. User Account
a. For the purposes of using the Platform or any of our products or services, you may be required to open and register an account (‘User Account’). You shall be responsible for maintaining the confidentiality of your User Account details including your registered ID and password. You shall be responsible for all activities that occur in your User Account. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, we shall have the right to indefinitely suspend or terminate or block access to your membership. It is your responsibility to ensure that your contact details are always updated in the User Account.
b. You agree to immediately notify us if there is unauthorized use or breach of your User Account or any other breach of security. You shall exit from the account at the end of each session.
d. We reserve the right to suspend or terminate a User Account for breach of these Terms by the User or fraudulent, harmful, criminal, or unfair behavior of a User, including the following:
- we suspect the User of committing fraud in connection with these Terms;
- the User engaging in suspicious transactions;
- if we suspect the User has used, is using, or will use Confidential Information of Race Kingdom in any manner not authorised by the Race Kingdom;
- if we suspect any User posting any content against the veracity and moral ethics;
- the User does not comply with some or all of these Terms; and
- the User’s account login and password are in the possession of a third party.
e. You could be held liable for any loss incurred by any third party or the ‘Company Parties’ or another party due to someone else using your User Content or User Account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity. For the purposes of these Terms, Company Parties shall mean and include the Company any of its associates, service providers, or their respective directors, officers, agents, employees, licensors, or independent contractors.
7. User Conduct
a. As a condition of accessing the Platform, you agree not to use the Platform or any Content herein for any purpose that is prohibited by these Terms. You agree not to:
- Publish, post, upload, display, or share any Content or material that may be considered to be unlawful, discriminatory, harassing, defamatory, offensive, obscene or disrespectful, or otherwise objectionable or which may create a risk to the smooth functioning of the Platform;
- send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
- to use the Company’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors without getting prior written permission from the Company;
- display, upload or transmit material that encourages conduct that may constitute a criminal offense, result in civil liability, or otherwise violate or breach any applicable laws, regulations, or code of practice;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- use any robot, spider, or other automatic devices, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- use any manual process to monitor or copy any of the content on the Platform without our prior written consent;
- use any device, software, or routine that interferes with the proper working of the Platform or does anything which may interfere with the proper working of the Platform;
- host, display, upload, modify, publish, transmit, update or share any information which infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number even if such person is a family member);
- impersonate or attempt to impersonate the Company or its officials, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform;
- collect or harvest any personal information of any third party, including account names, any accounts, or use the communication systems provided by the Platform (e.g., comments, email) for any commercial solicitation purposes.
- remove any copyright or other proprietary notices from the Platform, or part of the Platform;
- send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material;
- access any content, area or functionality of the Platform that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area, or functionality of the Platform;
- probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform; and
- use this Platform to engage in or promote any activity that violates these Terms.
8. RK Game
a. In these Terms, the following terms shall have the meaning assigned hereinbelow:
- Breed means the creation of an NFT for a Race Kingdom Creature with superior skills and abilities, by breeding the NFTs representing a male and female creature of the same type of Exotic Creature;
- Digital Currency means a cryptographically secured virtual currency or virtual asset which we identify as an acceptable means of payment or transacting with us;
- Digital Wallet means the applicable “Metamask” location, public key or wallet address, account, or storage device which we choose to support for the delivery of the NFTs provided by you to us;
- Purchase Price means the amount advertised as the price for the purchase (or pre-purchase) of any NFT or bundle containing an NFT, which may be denominated in a Digital Currency;
- Marketplace means a software platform or software (including a Blockchain digital wallet) which permits the transfer, purchase, or sale of an NFT, provided that the Marketplace always cryptographically verifies the NFT owner’s right to Own the NFT.
- Own means, with respect to an NFT, any NFT we have issued where proof of ownership is recorded on a blockchain system, and you control the private key associated with a Digital Wallet to which the NFT is associated or located;
- Procure means to obtain, and includes to Breed;
- RK Game Community means the online community that has access to and participates in the RK Game;
- RK Game means our metaverse-based play-to-earn (P2E) game that hosts a wide array of the Race Kingdom Creature and associated software interfaces for that game, including the Website, elements of which are located on the Ethereum Blockchain.
- Race Kingdom Creature means NFTs of highly endangered species that have a unique set of characteristics and attributes.
b. The User acknowledges the RK Game is one of the Services offered by the Company through the Platform. A more detailed explanation of the RK Game is included in the project Whitepaper. The User acknowledges that the:
- User has access to the RK Game upon creation of the User Account;
- User shall use the NFTs for transactions in the Platform including the RK Game.
c. Without limiting the generality of anything stated in these Terms, you agree that you will not use a name for any NFT or as a username that is likely to be offensive, derogatory, prejudicial, inflammatory, or inappropriate for use in the RK Game Community. The Company reserves the right to cancel the name of any NFT or User that the Company determines in its absolute discretion to be offensive, derogatory, prejudicial, inflammatory, or inappropriate for use in the RK Game Community by giving the NFT owner or User a written notice (which may be provided after the name has been cancelled or removed). Where such a determination is made, the NFT name or username will be changed to a generic name and the NFT owner or the User will be able to choose a new name that is acceptable to the Company. You agree that the determination of the Company is final and repeated breaches of this clause may result in:
- the suspension of the User Account; or
- the inability for the NFT to participate in RK Game; and/or
- the termination of the license issued in accordance with NFT Terms.
d. WHEN USERS COMPETE IN RACES USING THEIR RACE KINGDOM CREATURES, THEY ARE UTILIZING SKILLS TO CHOOSE THE CREATURE, THE RACE, AND OTHER FACTORS SUCH AS THE GATE FROM WHICH THE CREATURE WILL RACE. IN OTHER WORDS, PLAYERS’ ABILITIES DETERMINE THE OUTCOME OF THE SKILLS-BASED COMPETITIONS. GAMES OF SKILL ARE PERMITTED IN MOST JURISDICTIONS AND DO NOT CONSTITUTE GAMBLING (WHICH GENERALLY REQUIRES A GAME OF CHANCE, PRIZE, AND CONSIDERATION TO PLAY). SOME JURISDICTIONS LIMIT GAMES OF SKILL WHERE PAYMENTS ARE INVOLVED. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER THE JURISDICTION IN WHICH YOU ARE LOCATED PERMITS SKILL-BASED COMPETITIONS. WHEN YOU PARTICIPATE IN COMPETITIONS, THESE TERMS OF SERVICE SHALL APPLY.
e. RK Game has utility smart contracts to develop the Race Kingdom Creatures. RK Game will release a certain number of Race Kingdom Creatures into the Marketplace and make them available for purchase to the public at the Company’s discretion. RK Game will release a maximum [NFTs of] 3,800 [Race Kingdom Creatures]. As described below, the Race Kingdom Creatures may breed offspring thereafter.
f. As Users Breed their Race Kingdom Creatures, new offspring Race Kingdom Creatures will be created. Using RK’s proprietary algorithm, each Race Kingdom Creatures created from Breeding will have a unique profile value. Each offspring will carry over certain characteristics from its mother and its father such as its bloodline, breed type, and genotype.
g. The User has the sole discretion to determine how to Breed his/her thoroughbreds. The only restriction placed by us on Breeding is as follows:
- the mating should be between a female and male Race Kingdom creature of the same type of animal; and
- Race Kingdom Creatures cannot breed with brothers, sisters, parents, or grandparents.
h. The gender outcome of each offspring is generated according to a predetermined sequence and the offspring will always be owned by the female Race Kingdom Creature once the Breeding transaction is complete.
i. To most easily use RK, we strongly recommend that you first install the Google Chrome web browser. Once you have installed Chrome, you will need to install a browser extension called MetaMask. MetaMask is an electronic digital wallet, which allows you to purchase, store, and engage in transactions using Ethereum or any other ERC-20 compatible cryptocurrency. You will not be able to engage in any transactions on RK Game other than through MetaMask (or other Ethereum-compatible browsers) or an email address. You are hereby notified that the Metamask digital wallet is a non-custodial electronic digital wallet for you, and we do not control or safeguard any funds or Digital Currencies retained by you in the Metamask Digital Wallet.
j. We will only recognize you as a User and you will only be able to interact with RK Game if your digital wallet is connected and unlocked through your MetaMask account or your email address. There is no other way to sign up as a user or to interact directly with RK Game. BY USING OUR SERVICES, YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND OTHER POLICIES FOR THE APPLICABLE EXTENSIONS. FOR META MASK, THOSE TERMS ARE AVAILABLE AT (https://metamask.io/terms.html) and (https://metamask.io/privacy.html).
k. User agrees that User will be responsible for any internet connection and telecommunication fees and charges that User will incur when accessing RK Game and we are not responsible for any charges in relation to the internet connection and other related fees.
l. Transactions that take place on RK Game are managed and confirmed via the BSC. You understand that your public address will be made publicly visible whenever you engage in a transaction on RK Game.
m. We neither own nor control MetaMask, Google Chrome, the Ethereum or BSC network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of accessing the Services or to access the various features of RK Game. RK Game will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
n. You must provide accurate and complete registration information when you create an account on the Platform. By creating an account, you agree to provide accurate, current, and complete account information about yourself, and to maintain and promptly update as necessary account information. You are responsible for the security of your account and your MetaMask digital wallet (and other digital wallets and email accounts) and we shall not be liable for any loss arising out of or resulting from your failure to keep your account secure or from the use of your Metamask digital wallet.
o. If you elect to purchase, sell or breed Race Kingdom Creatures using RK Game, or with or from other users in RK Game, any financial transactions that you engage in will be conducted solely through the Ethereum / Polygon / BSC network via MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Further, we have no liability to you or to any third party for any Claims that may arise as a result of any transactions that you engage in via the Platform or while availing the Services, or any other transactions that you conduct via the MetaMask. For the purposes of these Terms, ‘Claims’ means and includes a claim, notice, demand, action, proceeding, litigation, investigation, however arising whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms and where and to the extent the context permits, includes all associated Losses.
9. Payments on the Platform
- For every transaction that occurs on the Ethereum network, there is a transaction fee (a “Gas Fee”). The Gas Fee funds the network of computers that run the Ethereum network. You will need to pay a Gas Fee for each transaction that occurs through the Platform.
- In addition to the Gas Fee, each time you utilize a smart contract to conduct a transaction with another user via RK Game, you authorize RK Game to collect a commission on certain events only (a “Commission”). These events include purchasing, selling, or breeding a Race Kingdom Creature on the Platform. You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum network as part of your payment. Further, in relation to the Commission, RK Game has the sole authority to change the terms related to Commission with prior intimation to the User.
- The price for any transaction on the Platform or RK Game (including the Purchase Price) will be inclusive of any applicable taxes.
- Each User is solely responsible for any taxation which arises as a result of dealing or any transaction on the Platform, including capital gains or income tax, and no User shall have a Claim against the Company or another User in respect of any taxation amounts however arising. Additionally, the User agrees and acknowledges that you shall comply with all the applicable laws and regulations applicable in the country or state where you are ordinarily resident or from where you enter into a transaction on our Platform including any taxation laws. However, the Company reserves the right to withhold taxes as and if required under applicable laws.
10. Your Representations & Warranties
- You represent and warrant that you possess the legal authority to enter these Terms in accordance with all terms and conditions herein.
- You represent and warrant that all personal data provided by you in connection with the formation of the User Account is up to date, complete, accurate, and true. In case of a change, you undertake to provide us with notice in a timely manner. You authorize us to verify the accuracy of the personal data that you have provided to create your User Account on the Platform, and any other information you provide to us. You undertake to cooperate with us during such verification process.
- Where you register for a user account with us, you represent and warrant the following:
- Each registration is for a single user only;
- You undertake that all information provided by you for the purposes of creating a User Account with us is correct, accurate, and complete;
- You agree not to provide any other person with access to the Platform or any part of it with your credentials;
- You accept sole responsibility for keeping your registration and account information confidential and you must not disclose it to any other person or entity;
- You accept sole responsibility for the use of your account, which is for your personal use only and will be held responsible for any unauthorized use of your account; and
- You will notify us immediately of any unauthorized use of the account or any other breach of security of the Platform of which you become aware.
11. Disclaimer of Warranties
- RACE KINGDOM, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EQUITY HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THE PLATFORM AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE PLATFORM AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- The Platform and all the Content is provided on ‘AS AVAILABLE’ and ‘AS IS’ basis without any warranty whatsoever, either implied or express, including the implied warranties of suitability for a specific use, merchantability in cases where it is obstructed by legal regulation in the user’s jurisdiction.
- We do not guarantee that our Platform, or any content or services on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We do not promise that the platform, nor any information, content, or materials made available through the Platform, will be accurate, reliable, complete, error-free, or compatible with any particular hardware or software.
- It is the sole responsibility of Users to satisfy themselves as to the accuracy of any information displayed on the Platform and the responsibility of Users to ensure the accuracy of Content and information included in any other documentation or information. Any reliance you place on such information is strictly at your own risk.
- Although we make reasonable efforts to update the information and content on the Platform, we make no representations, warranties, or guarantees, whether express or implied that the information and content on the Platform are accurate, complete, or up to date at any time.
12. Limitation of Liability and Indemnity
- The Company and/or the Company Parties shall in no event be held liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Content, Platform, any websites linked to it, any content on the Platform or such other websites or any services or items obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The Company Parties are not responsible for any offensive, defamatory, or misconduct of a user of the Platform. The foregoing does not affect any liability which cannot be excluded or limited under applicable law which may include fraud.
- You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to:
- any use of the Content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform;
- any User Content posted to, submitted to or transmitted through the Platform by you.
- Unless a provision of these Terms expressly states otherwise, a notice, consent, approval, waiver or other communication (notice) in connection with these Terms must be in writing and in English and sent to, in the case of us, our nominated email or via the RK Game interface and in the case of User, to your nominated email that you would have provided while creating an account with us on Platform or published on the Platform with public access to such notice.
- Any notice will be deemed to be received within 24 hours of sending the electronic message (unless a rejection message is received) or publication online.
- The User must immediately notify the Company in writing of any changes to its contact details. Our contact details will be updated from time to time on the Platform and the User is instructed to check for any such updates on a regular basis.
14. User Communications
- Any communication or material you transmit to the Platform by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Platform or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, promotion, marketing, and posting.
15. Governing law and jurisdiction
- All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Seychelles without giving effect to any choice or conflict of law provision or rule.
- Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively before the courts of Seychelles. You waive any and all objections to the exercise of jurisdiction over you by such courts.
16. Force Majeure
- We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat of war or preparation for the inaccessibility to the data storage servers or other natural disasters, blockchain congestion or attacks, Government sanctions or orders, whether known or unknown at the time the parties enter into these Terms) (Force Majeure Event).
- These Terms are for the benefit of the parties and their successors and assigns. The parties and their successors and assigns are bound by these Terms.
- To the extent that any party purchases an NFT from you, they are deemed to have taken an assignment of these Terms as published at the time of the purchase and you must provide that party with a link or copy of these Terms.
- We may assign our rights under these Terms without your consent at any time by giving you written notice.
- If any provision of these Terms is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, then in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
- No delay or failure by the Company in exercising any right, privilege, or power shall function as a waiver of any sort. No single or partial exercise of any right, privilege, or power shall preclude any other or further exercise thereof or the exercise of any other right, privilege, or power under these Terms or applicable law.
20. Binding agreement
- Users agree that by registering, accessing, or using our Platform or Services, you are agreeing to enter a legally binding contract with us. If you do not agree to these Terms, do not register, access, or otherwise use any of our Platform or Services. These Terms shall remain in full force and effect while you use the Platform or Services unless your account is terminated as provided in these Terms. Further, none of our agents or representatives are authorised to make any representations, conditions or agreements not expressed by us in writing nor are we bound by any such statements.