TERMS AND CONDITIONS
The following TERMS AND CONDITIONS apply to your or the legal entity’s you represent ("you" or "your") use of the Services (as defined below) of a SWORD LIMITED corporated in the British Virgin Islands, and its affiliates (hereinafter referred to as the Company, “us”, “we”, as the case may be). We operate an NFT game project called Captain Tsubasa -RIVALS- (“CTR”). CTR is an NFT (Non-fungible Token. The same shall apply hereinafter.) game in the Polygon Chain (the “PC”) Network with a unique storyline that players can enjoy CTR is a form of so-called Play to Earn, in which players can earn digital tokens called $TSUBASAUT and $TSUBASAGT (collectively the "Tokens") by playing CTR and fulfilling certain predetermined conditions. The “Player NFT(s)” are digital art collectibles built on top of the PC network and hashed on the blockchain and are represented by a NFT each.
- I. ACCEPTANCE
- By using the services, whether through CTR associated websites (the "Sites"), the application (the “Application”), application programming interfaces, or any of our other desktop or mobile browser (collectively, the "Services"), you-
- ・acknowledge that you have read these TERMS AND CONDITIONS, our Privacy Policy (these TERMS AND CONDITIONS, and the terms of any policy incorporated herein or any rules, terms, etc. posted on the Sites and/or the Application by us from time to time are collectively referred to as the “Terms” and shall constitute a part of these Terms.) in their entirety;
- ・agree to be bound by the Terms; and
- ・are authorized and able to accept these Terms. By using any of the Services through any channel or method, you shall be deemed to have agreed and accepted these Terms. IF YOU DO NOT CONSENT TO THESE TERMS, PLEASE DO NOT USE THE SERVICES, OR ACCESS THE SITES OR THE APPLICATION.
- Before you purchase any items of the Services (the “Items", including Player NFT(s)) and/or use the Services, you will need to agree to these Terms.
- In order for you to use CTR, you shall have an existing user issue you an invitation code for CTR. For details, you shall refer to rules indicated in the Sites and/or the Application.
- We reserve the right to choose which markets and jurisdictions to conduct our business and may restrict or refuse, at our sole discretion, the provision of the Services in certain countries or regions.
- II. GENERAL
- 1. CHANGES TO THE SERVICE AND THE TERMS
- We may change, discontinue, suspend or terminate the Services at any time without notice.
- The price of the Items may change at any time, but no price change will affect your past purchases. You agree to pay all processing fees and any transaction costs (e.g., the Gas Fee mentioned below) that we may impose in connection with the fees.
- We may amend, change, modify, or revise these Terms. We shall inform the terms to be changed and the effective date thereof by posting on the Site or by other appropriate means. Such changes shall apply after the expiry of a reasonable period of time specified by us.And you can see when these Terms were last revised by referring to the "Last Updated" legend below. Your continued use of the Services means you accept any new or modified Terms.
- 2. ELIGIBILITY
- By accepting these Terms, you represent and agree that: -
- (a) you are a natural person who is at least 18 years of age or the age of majority in your jurisdiction;
- (b) all registration information you submit will be true, accurate, current, and complete;
- (c) you will maintain the accuracy of such information and promptly update such registration information as necessary;
- (d) you have the power to enter into a contract with us;
- (e)you are physically located in a jurisdiction in which participation in the Services you use is permitted and unrestricted by that state or country’s laws;
- (f) By using the Sites or the Application and/or purchasing the Items, you confirm not to be listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, or Groups and Entities Subject to EU Financial Sanctions. You further confirm not to be a resident of, a citizen of, or located in a geographic area that is subject to UN-, US-, or EU embargoes;
- (g) you are not an organized crime group, a member of an organized crime group, a person who has not ceased to be an organized crime group for a period of five (5) years, an associate member of an organized crime group, companies affiliated with an organized crime group, an extortionist threatening to disrupt shareholder meetings or the like, a miscreant advocating political activism, an intellectual crime group, a person having such relationship with a member of an organized crime group for the purpose of unfairly benefiting itself or third parties, or of damaging third parties, a person having such relationship with a member of an organized crime group that shows provision of funds, benefits or services from the person to the member of the organized crime group or the like, any other similar group or person;
- (h) you will not use the Services for any illegal and unauthorized purpose;
- (i) you shall not access the Services by any automated and non-human means, whether through a bot, script, or otherwise; and
- (j) you will comply with these Terms at all time.
- If any one of these requirements is not met at any time, we may suspend your use of the Services with or without a notice. We have taken commercially reasonable steps to restrict use of the Services to those who are at least 18 years old or the age of majority in their jurisdiction. We do not sell the Items or provide the Services for minors. In the event that you are under the age of majority in your jurisdiction, you must have your parent or guardian’s consent to these Terms or perform procedures which we require, and we may require them to enter into these Terms on your behalf based on your jurisdiction.
- 3. ACCESS
- To access the Services, you must prepare the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The Services can be accessed directly using the Sites or the Application. Access to the Services may become degraded or unavailable during times of significant data congestion or in the event of a network failure. This could result in the inability to access some of the Services. Although we strive to provide you with excellent service, we do not represent that the Services will be available without interruption. We shall not be liable for any losses resulting from or arising out of transaction delays or a failure of network protocols unless there is willful misconduct or gross negligence on the part of us.
- To be eligible to access certain features of the Services, you may be required to register an account for the Services associated with a verified identity approved in accordance with these Terms ("Account"). When you create an Account, we may request certain personally identifiable information, including but not limited to your name and a legitimate email address that you control to create a username and password. You agree to keep your password confidential and will be responsible for all use of your Account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- If your Account is inactive for twelve (12) consecutive months or more, we may, in our sole discretion, close your Account and any remaining funds in your Account will be subject to applicable laws regarding unclaimed monies.
- 4. APPLICATION
- You can access the CTR Site via any web browser using the URL https://tsubasa-rivals.com/ and an electronic PC wallet compatible with the NFT-standard on the PC network which is provided by us or the third party designated by us (the “Wallet”). You will not be able to engage in any transactions on the Site or the Application other than through the Wallet.
- Transactions on the Sites or the Application are managed and validated via the PC blockchain. We neither own nor control Google Chrome, the PC network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Sites and the Application. We will not be liable for the acts or omissions of any such third parties, nor will be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
- You are responsible for your Wallet and the private key to access it.
- III. INTELLECTUAL PROPERTY RIGHT
- The Services, including all content, features, and functionality thereof, are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, and other intellectual property or proprietary rights laws in any related jurisdictions including but not limited to British Virgin Islands.
- You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as our current or prospective customer. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. Provided, however, that, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Sites or the Application for the limited, non-commercial purpose of discussing such content.
- You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services; provided, however, that you are not prohibited from selling your digital assets as specified by us including Player NFTs validly purchased or obtained in accordance with these Terms or other marketplace rules to third parties in accordance with such Terms and rules.
- For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
- IV. PAYMENT
- 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 Sites or the Application, or any other transactions that you conduct via the PC network unless there is willful misconduct or gross negligence on the part of us.
- The PC requires the payment of a transaction fee (the “Gas Fee”) for every transaction that occurs on the PC network, and you shall bear the Gas Fee and we have no control over its pricing.
- Each time you conduct a transaction with another user via the Sites or the Application, you shall pay us a commission that we stipulate and notify separately and authorize us to collect it.
- All paid prices exclude any possible duties or charges. 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 Sites or the Application (including, without limitation, any Taxes that may become payable as the result of your ownership of Player NFT(s) or Tokens. Except for income and net-wealth taxes levied on the Company, you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
- V. OWNERSHIP
- When you purchase a Player NFT or other NFT as specified by us, you have the right to use and transfer them.
- Notwithstanding the preceding paragraph, if you breach any of the ‘Eligibility’ in Clause II 2 and ‘PROHIBITED ACTIVITIES’ in Clause VII hereof, we may, at our discretion, take any reasonable action, including prohibiting you from using or confiscating any of your assets in the Services, including any NFTs held by you.
- We may restrict withdrawals of the Tokens through your Account. The details of such restrictions will be separately determined by us and announced on the Sites or the Application.
- Any of CTR’s product or service names, logos, and other marks used on the Sites or the Application or as a part of the Services, including CTR’s name and logo are trademarks owned by us, its affiliates or its applicable licensors. You may not copy, imitate or use them without our (or the applicable licensor’s) prior written consent.
- VI. FEES, REWARDS AND PURCHASE OF NFTS AND ITEMS
- 1. As long as you comply with these Terms and the details in the whitepaper we published (the “Whitepaper”), you may obtain the Tokens as rewards by playing games and fulfilment of certain predetermined conditions. This does not create an employment relationship between you and us. The Tokens are ERC-20 standard tokens, the detailed functionality of which can be found in the Whitepaper. We may limit the number and amount of grant of the Tokens or NFTs at our discretion, and we are not liable to you for any loss or damage caused by this limitation unless there is willful misconduct or gross negligence on the part of us. In addition, we may demand the return of the Tokens or NFTs if we have mistakenly granted to you Tokens or NFTs and may also cancel grant of the Tokens or NFTs if technically feasible.
- 2. Meanwhile, you can buy and sell Player NFTs and other NFTs as specified by us (collectively, the “Tradable NFTs”) in the marketplace operated by SWORD LIMITED. When a transaction is concluded, we are involved in the transaction as an intermediary party, in other words, we buy Player NFTs from sellers at the price agreed by the sellers and the buyers and we sell them to buyers at that price. Our role is limited to the operation of the marketplace which includes the aforementioned intermediate trading, and the determination of the buy and sell prices is left between users. You shall be responsible for your transactions with other users in the marketplace, and any problems with other users shall be resolved by you and not by us. When you trade NFTs of CTR in a marketplace provided by a third party, you shall comply with these Terms and other rules of that marketplace. In addition, if you have a claim from a third party or any other dispute arising from the use of a marketplace provided by a third party, you shall resolve the dispute at your own expense and responsibility.
- 3. You can purchase the gems issued by us using your credit card or at the app store (“Gem(s)”) that you can use in our marketplace to buy NFTs from other users or in the in-game shop of CTR to buy items etc.
- 4. If you or other users buy Tradable NFTs by Gems in our marketplace, you shall agree that:
- (1) Buyers cannot buy Tradable NFTs directly by credit card but shall buy Gems issued by us first and exchange them to Tradable NFTs in our marketplace;
- (2) Buyers get Tradable NFTs immediately after payment, but buyers cannot sell them for the period we specify after transaction is concluded;
- (3) The consideration of the sale of Tradable NFTs shall be paid to the sellers in MATIC subject to deduction of our fees and necessary adjustment, and the payment to the sellers shall be held for a certain period determined by us after the transaction is concluded; and
- (4) If the credit card used for payment is found to have been used fraudulently, the transaction is canceled and we may, at our discretion, take any reasonable action, such as prohibiting you from using the Services or confiscating any of your assets in the Services, including any NFTs held by you.
- 5.You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of the Services may change at any time, but no price change will affect your past purchases. You agree to pay all processing fees and any transaction costs (e.g., standard gas fees) that we may impose in connection with the fees.
- VII. PROHIBITED ACTIVITIES
- You are prohibited from each of the following activities, unless otherwise agreed in writing with us:
- (1) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- (2) Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating Accounts by automated means or under false pretenses.
- (3) Use a purchasing agent to make purchases on the Services.
- (4) Use the Services to advertise or offer to sell goods and services.
- (5) Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein.
- (6) Engage in unauthorized framing of or linking to the Services.
- (7) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user’s password.
- (8) Make improper use of our support services or submit false reports of abuse or misconduct.
- (9) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- (10) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Sites or the Application.
- (11) Attempt to impersonate another user or person or use the username of another user.
- (12) Sell or otherwise transfer your profile.
- (13) Use any information obtained from the Services in order to harass, abuse, or harm another person.
- (14) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise.
- (15) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- (16) Attempt to bypass any measures of the Sites or the Application designed to prevent or restrict access to the Sites, the Application or any portion of the Services.
- (17) Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- (18) Delete the copyright or other proprietary rights notice from any content.
- (19) Reproduce, reprint, modify, adapt, post, publicize, broadcast, or perform of the contents of the Service.Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- (20) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- (21) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- (22) Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
- (23) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- (24) Use the Services in a manner inconsistent with any applicable laws or regulations.
- (25) Use the same NFT of CTR across multiple accounts to qualify for multiple player rewards.
- (26)Make any of the following acts, which are committed for the purpose of fluctuating the price of the Tokens or NFTs;
- ・Disseminating facts to an unspecified number of individuals that the actor has not directly experienced or observed, without any reasonable basis.
- ・Engaging in fraudulent activities through the use of deceptive means to deceive others, or in actions or statements that needlessly stimulate the greed of others.
- ・Using physical violence or threats.
- (27)Engage in acts of money laundering or providing support for terrorist financing, or engage in activities that raise suspicion of such involvement.
- (28)Unauthorized withdrawal of tokens through your Account due to a malfunction or unintended operation of the Service or the withdrawal system, or through unauthorized manipulation.
- (29)Access to CTR from any location that we designate as a country or region, including but not limited to Singapore, where access to or use of the Service is prohibited. We may add such prohibited locations from time to time.
- (30)Conduct any other acts that we deems inappropriate.
- VIII. TERMINATION
- In the event of any force majeure event (including a pandemic), breach of these Terms, or any other event that would make provision of the Sites or the Application commercially unreasonable for us, we may, in our discretion and without liability to you unless there is willful misconduct or gross negligence on the part of us, with or without prior notice, suspend your access to all or a portion of the Sites and/or the Application, change or terminate the Services.
- We may terminate your access to the Sites and/or the Application as far as technically feasible in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such Account without liability to you unless there is willful misconduct or gross negligence on the part of us , including, for instance, in the event that you breach any term of these Terms.
- IX. ASSUMPTION OF RISK
- You accept and acknowledge each of the following:
- (a) There are risks associated with using crypto assets, 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 unauthorised access to information stored within your Wallet. You accept and acknowledge that we are not responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the PC network unless there is willful misconduct or gross negligence on the part of us.
- (b) Neither the Sites nor the Application stores, sends, or receives NFTs of CTR. We are not liable for your sending, receiving, or storing NFTs of CTR outside of the Sites or the Application.
- (c) The prices of crypto assets are very volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of the Tokens or NFTs of CTR, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of the Tokens or NFTs of CTR will not lose money.
- (d) Risk of loss of private key or passphrase(s): The company is not responsible for your private keys, which you need in order to access the NFTs of CTR. It is your sole responsibility to protect your private keys. In case of lost, the company takes no responsibility. In addition, the private key of your Tokens may be distributed and managed by multiple business operators, but we will not be liable for any loss of your Tokens or NFTs as a result of such a situation, provided, however, that this shall not apply in the case of willful misconduct or gross negligence on the part of us.
- (e) The regulatory regime governing blockchain technologies, crypto assets, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFTs ecosystem of CTR, and therefore the potential utility or value of the NFTs of CTR.
- (f) Upgrades by the PC to the PC platform, a hard fork in the PC platform, or a change in how transactions are confirmed on the PC platform may have unintended, adverse effects on all blockchains using the ERC-721 standard.
- (g) We may restrict withdrawals of the Tokens through your Account, which may result in you bearing the risk of potential missed opportunities or loss of profits.
- X. DISCLOSURES; DISCLAIMERS
- 1. GENERAL DISCLAIMER
- TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION SOFTWARE) ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, VIRTUAL GOODS AND/OR THE SITE WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.
- 2. DISRUPTIONS AND OUTAGES
- We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, we are not responsible or liable for any disruption or loss you may suffer as a result unless there is willful misconduct or gross negligence on the part of us. You should regularly backup content that you store on the Services.
- XI. LIMITATIONS OF LIABILITY
- 1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY UNLESS THERE IS WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF US.
- 2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED US$50.00 EXCEPT IN THE CASE OF OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
- 3. Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section XI may not apply to you.
- XII. INDEMNIFICATION
- You agree that you will be responsible for your use of the Sites and the Application, and you agree to defend, indemnify, and hold harmless us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites and the Application, or the Tokens at any time; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
- XIII. THIRD-PARTY SITES
- The Sites and the Application may include links to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to you. We have no control over any External Sites, are not monitoring their content and are providing the respective links for informational purposes only. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other content or materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other content or materials on, or made available from, any External Sites.
- XIV. PRIVACY POLICY
- Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your personal information in accordance with our Privacy Policy.
- XV. MISCELLANEOUS
- 1. ENTIRE AGREEMENT
- These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.
- 2. NON-WAIVER
- Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. Section titles in these Terms are for reference only and have no legal effect.
- 3. SEVERABILITY
- The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
- 4. REMEDIES
- No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
- 5. ASSIGNABILITY
- We may assign these Terms or legal status, rights and obligations based on them, and information about you, in whole or in part, at any time without notice to you. You must agree to such assignment in advance by agreeing to these Terms You may not assign, transfer, encumber or otherwise dispose of any rights and obligations under these Terms to use the Services.
- 6. SUCCESSORS AND ASSIGNS
- These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
- 7. GOVERNING LAW AND JURISDICTION
- These Terms are governed by the law of British Virgin Islands and you agree to submit to the exclusive jurisdiction of the courts of British Virgin Islands.
- Last Update: January 23, 2024