Please read these Terms carefully. These Terms form a legally binding contract between you and us. By downloading, browsing, installing, accessing or using any of our Services in any way, you agree to be bound by these Terms. If you do not agree to be bound by these Terms you should not create an account (“Account”) in relation to the Services or download, install, browse, use or access any of our Services. If you have created an Account or used or downloaded a Service, but do not agree to these Terms, you should immediately discontinue your use of the relevant Service, cancel your Account and uninstall it from your device.
To use the Services you may be required to comply with third-party platform operator terms. If you are accessing a Service via any third-party platform then these Terms shall apply in respect of your use of the Service, in addition to any terms and conditions imposed by such third party platform.
1. About you
By using the Services, you affirm that you are over the age of 13, as the Services are not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
2. Who we are
2.1 We are (i) Reality Plus UK Ltd, a company registered in England with Company Number 10589824 and registered address 77 Shaftesbury Avenue, London, England, W1D 5DU, and (ii) Reality Clash Ltd, a company registered in England and Wales with establishment number BR020809 and registered address 77 Shaftesbury Avenue, London, W1D 5DU (together, Reality Gaming, we, our and us).
2.2 You can contact us by email at [email protected].
3. About these Terms
3.1 These Terms govern the relationship between you and us in relation to:
(a) your use of any platforms and websites controlled or operated by us, including (without limitation) www.thunderbirdsrescueclub.com (the Websites);
(b) your use of the Thunderbirds: International Rescue Club application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (the App); and
(c) all other services that we may provide to you from time to time in connection with the Blockchain Assets (as defined below), the App or the Websites, unless we specifically state that different terms and conditions apply to those services.
3.2 In these Terms, we refer to our Websites, App and other services mentioned in Paragraph 3.1 above as the Services.
3.3 As part of your use of the Services, you may also have the opportunity to own and transfer certain digital assets (Blockchain Assets) derived from the Thunderbirds IP (as defined below) via the Ethereum and Polygon networks (Blockchain Networks) using specially-developed smart contracts (Smart Contracts), including certain digital assets (which are themselves, for the avoidance of doubt, Blockchain Assets) that grant the holder the ability to mint other Blockchain Assets (Mint Passes). Any underlying digital artwork embedded in a particular Blockchain Asset is defined as the Digital Art. Whilst these assets are stored in and purchased through the Blockchain Networks and not the Services, using the App, users can view their assets and use the Smart Contracts to acquire, and trade, unique digital assets with other App users and to mint other Blockchain Assets using any Mint Passes they own.
3.4 By using the Services, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms (the Agreement). If you do not agree to these Terms, please do not attempt to use the Services.
3.5 In order to receive certain Services from us, we may also require you to enter into additional terms and conditions that supplement, amend or replace these Terms as stated within those additional terms and conditions.
3.7 You can find a copy of these Terms by visiting the following URL: https://www.thunderbirdsclub.com/terms-conditions/. If we make any changes to these Terms, we will upload an amended version of the Terms to this URL.
3.8 Please check the Terms whenever you use one of our Services. Your continued use of the Services after any changes to the Terms have been made by us will mean that you accept those changes to the Agreement. If you do not agree to any changes to the Terms, you may not continue to use the Services.
3.9 Any changes to these Terms will not affect your accrued rights and will not have any retrospective effect.
4. Licence and Subscription
4.1 We own, or are otherwise permitted by third parties to use, all the intellectual property rights in our Services and any other works made available to you in the course of our providing the Services. All source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Websites (collectively, the Content) and trademarks, service marks and logos contained therein (the Marks) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. In particular, whilst you own any Blockchain Asset you have purchased through the Blockchain Networks in connection with the Services or minted using a Mint Pass that you own, the copyright of any image or other elements contained therein and any Content or Marks and other intellectual property contained therein (together, Thunderbirds IP) belongs to ITV and is licensed to Reality Gaming, and you have no right of ownership therein.
4.2 In return for your acceptance of these Terms, we grant you a limited license (i) to use our Services (subject to Paragraph 4.3 below) and (ii) to use, copy, display and transfer the Thunderbirds IP embedded in any Blockchain Assets you own, solely for the period of your ownership of that Blockchain Asset (subject to Paragraph 4.4 and Paragraph 4.5 below). These licenses are strictly subject to these Terms, and in particular to the restrictions set out in these Terms. On the sale of a Blockchain Asset, the licence granted to you will transfer to the new owner of that Blockchain Asset, and the ownership of such Blockchain Asset will always be subject to these Terms. With immediate effect upon your sale of a Blockchain Asset, your rights under the licence granted hereunder will terminate and you will no longer be able to use the Digital Art or any reproductions of the Digital Art.
4.3 The licence granted to you by us to use the Services under these Terms is limited in a number of ways as set out below. This licence is:
(a) non-exclusive, meaning that we can grant the same or similar licences to other people as well;
(b) personal, not transferable and not sub-licensable, meaning that the licence is only for your benefit and you may not grant the licence to anyone else (only we may grant licences to use the Services);
(c) revocable, meaning that we can terminate this licence in the circumstances set out in these Terms;
(d) non-commercial, meaning that you can only use the Services for private domestic purposes and not for commercial purposes;
(e) limited to using the Services for the purposes we set out in these Terms and for the duration that these Terms are in force; and
(f) conditional on your compliance in full with these Terms.
4.4 The licence granted to you by us in respect of the Thunderbirds IP embedded in any Blockchain Assets you own is solely for the following purposes: (i) for your own personal, non-commercial and royalty-free use; (ii) as part of a marketplace that permits the purchase and sale of your Blockchain Assets, provided that the marketplace cryptographically verifies the rights of each owner of a Blockchain Asset to display the underlying digital artwork embedded in that Blockchain Asset (the Digital Art) to ensure that only the actual owner can display the Digital Art; (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Blockchain Asset provided that the website/application cryptographically verifies the rights of each owner of a Blockchain Asset to display the Digital Art embedded in that Blockchain Asset to ensure that only the actual owner can display the Digital Art, and provided that such artwork is no longer visible once the owner of the relevant Blockchain Asset leaves the website/application; and (iv) to mint further Blockchain Assets containing the Thunderbirds IP using a Mint Pass, provided that each such Blockchain Asset will be in all cases subject to these terms and conditions once minted.
4.5 The Blockchain Assets and the Digital Art may not be used by you in any way which would (i) modify the Digital Art; (ii) use the Digital Art to market or sell third-party products or for any other commercial benefit; (iii) use the Digital Art in connection with images of hatred, violence or other inappropriate behaviour be reasonably considered to bring either Reality Gaming or ITV (as the owner of the Thunderbirds IP) into disrepute; (iv) seek to trademark or acquire any intellectual property rights in the Digital Art; (v) assert, take, appropriate or represent any ownership in the Thunderbirds IP; (vi) assert any right to or over the Thunderbirds IP in any manner inconsistent with the rights under these Terms; or (vii) take any action which would or might invalidate, challenge, oppose or otherwise put in dispute ITV’s title to the Thunderbirds IP; (viii) be reasonably seen to disparage ITV’s rights to the Thunderbirds IP; (ix) contravene the moral rights of the artist or licensor of the Digital Art, including Reality Gaming; or (x) contravene these Terms; ore (xi) cause, permit or assist any other person directly or indirectly to do any of the above acts.
4.6 You acknowledge and agree that, other than the licence granted to you by these Terms, you shall have no right to use the Services. You shall have no ownership rights over any of our Services, including no ownership of any intellectual property rights in the Digital Art, the Websites or the Services.
5. Our rights and responsibilities
5.1 We will provide the Services using reasonable skill and care.
5.2 We will use reasonable endeavours to make the Services available to you, but we cannot guarantee that the Services will be available on an uninterrupted basis. Your access to the Services may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality. At times, unscheduled downtime may be necessary, including for security purposes. Further, owing to the inherent nature of the internet and related technologies, errors, interruptions and delays may occur in the Services from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our reasonable control.
5.3 We cannot guarantee that the Services will be free from errors, bugs or viruses. We also cannot guarantee that the content or information provided in the Services is accurate or complete. As with all software and services accessed through an electronic device, we recommend that you use anti virus software while using the Services. We also recommend that you have an up-to-date back up of your device before using the Services.
5.4 We may modify, cease to offer or cease to support the Services from time to time.
6. Your rights and responsibilities
6.1 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop using our Services.
6.2 You must not:
(a) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Websites;
(b) use the Services in any manner that would be antisocial, offensive or disruptive to other users of the Services, such as:
(i) bullying, stalking or other harassing;
(ii) using vulgar, obscene, discriminatory or sexually explicit communications;
(iv) “flaming,” “spamming,” “flooding,” “trolling,” or “griefing”;
(c) infringe our intellectual property rights or those of any third party in relation to your use of the Services;
(d) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) copy any Website content or other works made available to you as part of the Services, except as part of the normal use of the Services or explicitly authorised in these Terms (including through the use of a Mint Pass);
(f) decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part of them (except as and only to the extent allowed by applicable law or through the use of a Mint Pass to mint a Blockchain Asset in accordance with these Terms);
(g) collect, ‘scrape’, ‘mine’ or ‘harvest’ any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
(h) sell, transfer or try to sell or transfer an account with us or any part of an account; or
(i) use a Mint Pass other than in connection with the Services or mint any Blockchain Asset containing third party intellectual property other than the Thunderbirds IP using a Mint Pass.
6.3 You are solely responsible for your communications and interactions with other users of our Services.
6.4 In order to access our other Services, the device that you use may need to meet certain minimum hardware and software requirements. Some Services can only be accessed on certain hardware and software platforms. You may also require an internet connection with minimum upload and download speeds to access the Services. We will use reasonable endeavours to notify you of the relevant minimum requirements before you access our Services, but these are subject to change from time to time. If the device you are using does not meet the minimum requirements to access Services, we cannot accept any responsibility if they do not operate properly or if they cause any damage to your device.
6.5 Risk and title in any Blockchain Asset purchase transfers to you upon purchase of the Blockchain Asset or minting of the Blockchain Asset using one of your Mint Passes and you are responsible for ensuring your Wallet (as defined below) is accurately linked. If you lose your private key or login or seed phrase for your Wallet you will lose access to your Blockchain Assets stored in your Wallet. Your Wallet may hold a maximum of one Mint Pass at any time, regardless of how they are acquired, and holding more than one Mint Pass in your Wallet is a breach of these Terms.
7. Fees and Payments
7.1 We may list Blockchain Assets for sale from time to time, either standalone or as part of a bundle of other digital goods, via the App or via other third party marketplaces.
7.2 Any purchases of Blockchain Assets will be done through smart contracts on the Blockchain Networks using metamask electronic wallets (a Wallet). Any financial transactions that you engage in will be conducted solely through the Blockchain Networks via a Wallet. Orders placed for Blockchain Assets are non-refundable and cannot be cancelled. Once a Blockchain Asset has been minted using a Mint Pass, this minting cannot be cancelled. Orders require payment in full of the relevant purchase price at the time of purchase and you will be required to provide and connect your Wallet for delivery of the Blockchain Asset at the time of sale (further, in the case of a primary sale, we will have no obligation to transfer any Blockchain Assets to you until we have received the relevant purchase price in full).
7.3 We will have no insight into or control over secondary payments or transactions, nor do we have the ability to undo, reverse or restore any transactions conducted via a Blockchain Network including any minting of a Blockchain Asset using a Mint Pass. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Services, or any other transactions that you conduct via a Blockchain Network.
7.4 Ethereum requires the payment of a transaction fee (a Gas Fee) for every transaction that occurs on the Ethereum network (which includes, for the avoidance of doubt, any minting of a Blockchain Asset or other redemption of a Mint Pass). The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Services using the Ethereum Network.
7.5 You agree that a Gas Fee will be applied to each transaction, when purchasing on the Ethereum network.
7.6 You authorize us to collect a commission of (X%) of the total value of that transaction (each, a Commission). You acknowledge and agree that the Commission will be transferred directly to us through the Blockchain Networks as a part of the transaction.
7.7 As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, Taxes) associated with your use of the Services (including, without limitation, any Taxes that may become payable as the result of your minting, ownership or transfer of any Blockchain Assets). Except for income taxes levied on Reality Gaming, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
8.1 When using our Services, we may give you the option to (and, in some instances, you may be required to) open an account with us or a third party (for example, a platform or publisher).
8.2 Any Reality Gaming account you create is personal to you and you are not entitled to transfer your account to any other person.
8.3 If you create an account with us, you agree that you shall take all steps necessary to protect your account and login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your account.
8.4 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services, and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
8.5 You understand that, if you delete a Reality Gaming account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account.
9. Our right to suspend your access to the Services
9.1 We may suspend your access to or all or part of the Services if we reasonably believe that you have breached any of these Terms.
9.2 If we suspend your access to the Services:
(a) we will use reasonable endeavours to notify you;
(b) you will not be able to access the Services during the period of suspension, while we investigate the relevant circumstances; and
(c) depending on the outcome of our investigation, you may be permanently excluded from the Services.
9.3 If you are in breach of these Terms, we can terminate this Agreement immediately at any time and without refunding any payments made by you. If we do this, we will give you notice that we are terminating this Agreement with immediate effect.
9.4 We can also terminate this Agreement immediately at any time for technical or operational reasons beyond our reasonable control. If we do this, we will give you as much notice as reasonably possible.
9.5 If we terminate this Agreement, you must immediately stop all activities authorised by these Terms, including your access to the Services.
10. Platforms and publishers
10.1 Many of our Services may only be accessed through a third-party platform. These third parties will impose additional terms and conditions governing the use of their services and our Services. Those terms and conditions will form a separate agreement between you and the relevant third party and are in addition to this Agreement. We encourage you to read the terms and conditions of third parties carefully before you agree to them.
10.2 You must also accept and comply with all terms and rules of third-party platforms who make the Services available to you. Any breach of the terms or rules of any such third-party platforms and publishers shall also be deemed to be a repudiatory breach of this Agreement by you.
10.3 Where the Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.
11. Our liability to you
11.1 Subject to Paragraph 11.2 and Paragraph 12 below, if we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our unremedied breach of this Agreement. Loss or damage is reasonably foreseeable only where it could be reasonably contemplated by you and us at the time and date you agreed to these Terms.
11.2 We are not liable to you for the following types of loss or damage that may arise from your use of the Services:
(a) loss or damage not caused by our breach of these Terms or our negligence;
(b) any increase in loss or damage resulting from breach by you of any of these Terms;
(c) loss or damage not reasonably foreseeable by you and us when you agreed to these Terms, including loss or damage that occurs in consequence of such loss or damage, for example, loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
(d) loss or damage to any device on which you access our Services or to any data on that device, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services;
(e) loss or damage that you suffer as a consequence of the actions or omissions of third parties, including platforms, publishers or other users of the Services;
(f) any indirect, consequential, punitive or special loss or damage; or
(g) any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our reasonable control, including (without limitation), an act of God, storm, fire, flood, internet outage, epidemic or pandemic, strikes, or riots.
11.3 If you use the Services or the Blockchain Assets owned by you (including any Mint Pass you may own) for any commercial purposes in breach of these Terms, we will not be liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of reputation and/or depletion of goodwill.
11.4 If the consumer law of the country or state in which you are resident does not permit any of the limitations of liability set out in Paragraphs 11.1, 11.2 or 11.3, then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the Services.
11.5 We do not limit our liability to you for death or personal injury caused by our negligence or the fraud of our employees or other representatives or for anything else where it would be unlawful to do so under applicable law.
12.1 You expressly understand and agree that your access to and use of the Services are at your sole risk, and that the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates and licensors make no express warranties and hereby disclaim all implied warranties regarding the Services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates and licensors do not represent or warrant to you that (i) your access to or use of the Services will meet your requirements; (ii) your access to or use of the Services will be uninterrupted, timely, secure or free from error; or (iii) the Services or any content, services or features made available through them are free from viruses or other harmful components.
12.2 You agree that Reality Gaming will not be responsible or liable to you for any losses you incur as the result of your use of the Blockchain Networks or Wallets or any Mint Passes, including but not limited to any losses, damages or claims arising from (i) user error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attach against any of our Services, any Blockchain Network or any Wallet.
12.3 Blockchain Assets are intangible digital assets which exist only by virtue of the ownership record maintained on the Blockchain Networks. All blockchain transactions are conducted and occur on the decentralised ledger within the Blockchain Networks. Reality Gaming has no control over and makes no guarantees or promises with respect to blockchain transactions, and is not responsible for losses due to blockchains or any other features of the Blockchain Networks or Wallets, including but not limited to late report by developers or representatives (or no report at all) of any issue with the blockchain supporting any of the Blockchain Networks, including forks, technical node issues or any other issues having fund losses as a result.
13. Assumption of Risk
You accept and acknowledge each of the following:
A. The prices of non fungible tokens and other blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Blockchain Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Blockchain Assets will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your blockchain transactions. Reality Gaming is not responsible for determining the taxes that apply to your transactions in connection with the Services.
C. None of our Services store, send, or receive Blockchain Assets. This is because Blockchain Assets exist only by virtue of the ownership record maintained on the relevant Blockchain Network. Any transfer of Blockchain Assets occurs only on the relevant Blockchain Network.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You accept and acknowledge that Reality Gaming will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any Blockchain Network, however caused.
E. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the blockchain ecosystem, and therefore the potential utility or value of Blockchain Assets.
G. There may be changes to Blockchain Networks which are out of Reality Gaming’s control and which may have unintended, adverse effects on all Blockchain Assets.
H. Blockchain Assets are not intended for speculative use, are not sold or represented to be financial product and nothing we publish is in any way financial advice to you or any other person.
I. We are not providing and will not provide any fiduciary, advisory, brokerage, exchange or other similar services to you or any other person.
J. A significant degree of IT sophistication is required to safely deal in and store Blockchain Assets and non-fungible tokens of any kind using a Wallet.
K. You understand and acknowledge that your ownership of Blockchain Assets remains contingent upon you remaining in control of the seed phrases and private key(s) associated with your Wallet and that we will not store any information in connection with your Wallet beyond that required for the sale of Blockchain Assets.
You warrant and assure us that in acquiring a Blockchain Asset (from us or from a third party or existing Blockchain Asset holder):
14.1 You are sufficiently experienced and educated to make decisions regarding the procurement or purchase of Blockchain Assets from us, including sufficient experience in dealing with and storing Blockchain Assets using a Wallet;
14.2 You have all necessary experience, resources, certificates, licences, permits and approvals to procure or purchase of Blockchain Assets applicable in your jurisdiction, and that any transactions under these Terms or in your use of the Blockchain Asset will be legal under the applicable laws of your jurisdiction;
14.3 All information you supply is true and accurate as at the time it is given, and that any Wallet address you provide to us has been generated in accordance with best practice security measures and no other party, other than you or your authorised representative, has used, or has access to, the seed phrases, private keys or analogous passwords required to effect transfers from, the Wallet;
14.4 As far as you are aware, there are no facts, circumstances or other information which both (a) you have not fully and fairly disclosed to us in a manner and to an extent that it would impact out ability to make a reasonable assessment of those facts, matters and circumstances prior to entering into a transaction to sell you a Blockchain Asset; and (b) is of such nature and materiality that a reasonable person, had it been made aware of, could not reasonably be expected to consider prior to entering into a transaction for the sale of Blockchain Assets;
14.5 You are not involved in any capacity in any claim, legal action, proceeding, suit, litigation, prosecution, investigation, enquiry, mediation or arbitration (nor which are pending or threatened) concerning Blockchain Assets;
14.6 If we request, you will identify and substantiate the source of funds involved in transactions to acquire Blockchain Assets;
14.7 No digital currency transferred to us as part of the purchase of a Blockchain Asset has been derived from any illegal or unlawful activity;
14.8 You are the lawful owner of any Wallet nominated for delivery of Blockchain Assets and each Wallet is owned and operated solely for your benefit, and no person has any right, title or interest in your nominated Wallet; and
14.9 You have had the opportunity to obtain independent legal advice in relation to the terms and effect of these Terms.
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by third parties due to or arising out of (i) use of the Websites; (ii) breach of these Terms; (iii) any breach of your representations and warranties set forth in these Terms; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights, or (v) any overt harmful act towards any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
16. Your personal data and privacy
17. Law and jurisdiction
17.1 If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to [email protected]. If you are unhappy with the outcome of your complaint, please write to our registered office above providing us with the following information: your name, username, email address, the full details of your complaint, Reality Gaming’s previous response to your complaint and why you disagree with the outcome.
17.3 This Agreement, and any Dispute, shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident.
18. Other important terms
18.1 Subject to Paragraph 3.4, these Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.
18.2 You may not assign or otherwise transfer your rights under this Agreement to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.
18.3 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
18.4 Nothing in these Terms will create any relationship of partnership, agency or employment between us.
18.5 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.