This Agreement is between you and Random Games Company Inc., together with its subsidiaries and affiliates (“Random Games”, “we”, “our” or “us”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Platform posted by Random Games, or otherwise made available to you by Random Games, including, but not limited to, the Unioverse Community Content License.
We may, in our sole and absolute discretion, without liability to you or any third-party, refuse to let you use the Platform. Such actions may be taken as a result of a number of factors, including without limitation legal or regulatory requirements or demand, our discretion, or your violation of the terms of this Agreement. We may also temporarily suspend your access to the Platform due to technical problems.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
We offer a collection of digital assets that are minted on the Ethereum network, Polygon network and/or other blockchain protocols in the form of non-fungible tokens (“NFTs”).
Users are solely responsible for the management, protection, and security of their own wallets and NFTs. There is no way that an Ethereum, Polygon or other blockchain transaction can be undone or reversed. Accordingly, transactions made through the Platform cannot be undone or reversed.
Purchases and Refunds
All sales of NFTs are final. Random Games does not offer any refunds or reimbursements for any NFT purchases, transactions, or fees. You acknowledge and agree that you will not be entitled to a refund for any purchase or transaction related to NFTs offered by Random Games under any circumstances. Purchases of NFTs may be made by using one or more payment methods that Random Games may decide to accept from time to time. Random Games reserves the sole and absolute right to decide which payment methods to accept for NFT purchases. Random Games is under no obligation to accept cryptocurrencies.
Waiver of Right to Withdrawal
If you purchase an NFT from Random Games, you agree to the immediate provision of the contractual service (e.g., receiving the NFT from us) and voluntarily and expressly waive your right to withdrawal under any applicable law related to the recission of distance selling contracts, including but not limited to the Consumer Rights Directive (2011/83/EU), Distance Selling Directive (97/7), Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). You acknowledge and agree that (i) you understand the implications of this waiver; (ii) make it knowingly and willingly; and (iii) this waiver shall be binding and enforceable against you, your heirs, executors, and assigns.
You should confirm all information before you make any transfers to any third-party wallet. Random Games will bear no liability or responsibility if you enter an incorrect blockchain destination address, incorrect destination tag/memo, or send your NFT to an incompatible or someone else’s wallet. We do not guarantee the identity or value received by a recipient of an outbound transfer of NFTs from the Platform to third-party wallets. You acknowledge and agree that all transactions effectuated through the Platform are publicly visible on the Ethereum, Polygon or other applicable blockchain when made.
Whether you obtained an NFT directly from Random Games or through another transfer or purchase from another party, you agree to be bound by these Terms with respect to any NFTs.
All secondary transactions shall be effected on the Ethereum, Polygon or other applicable blockchain. Notwithstanding any of the foregoing, all sellers of NFTs are responsible for paying the Royalty Payment to us, regardless of whether the transaction is fulfilled on-chain, off-chain, or in a combination of the foregoing.
Without limiting any of our other rights, we may refuse to recognize your NFT ownership and/or terminate your access to the Platform if we have a reasonable belief that you have engaged in an off-chain purchase or sale of the NFT or otherwise engaged in any transactions for the purchase or sale of the NFT without making the Royalty Payment.
Pricing and Taxes
The current price for an NFT will be listed on the Platform. Listed prices do not include all applicable minting and gas fees, excise taxes, or other applicable taxes.
Acknowledgment of Risk
Once you own any NFT, you are responsible for any loss or damage to, or loss of access to, the NFT and neither Random Games nor any of its licensors shall have any liability in such circumstances, regardless of cause. You expressly understand and agree that your use of the Platform and any NFT is at your sole risk and that the Platform and tokens are provided “as is” and “as available.” Cryptocurrency and NFTs are not legal tender and are not backed by the government, FDIC, or SIPC protections. You understand and accept each of the risks outlined in the “Risk Disclosures” section above.
YOU ACKNOWLEDGE AND AGREE THAT (i) RANDOM GAMES HAS NO CONTROL OVER ANY WALLET THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PLATFORM OR OWNERSHIP OF THE NFTs; (ii) ALL WALLETS ARE PROVIDED BY THIRD-PARTIES; (iii) RANDOM GAMES HAS NO RIGHT OR ABILITY TO CONTROL THIRD-PARTIES WHO PROVIDE WALLETS; (iv) ANY DISPUTE BETWEEN YOU AND ANY THIRD-PARTY WALLET PROVIDER IS BETWEEN YOU AND THAT THIRD-PARTY WALLET PROVIDER; AND (v) RANDOM GAMES IS NOT LIABLE FOR ANY ISSUES OR LOSSES CAUSED BY USE OF THIRD-PARTY WALLETS.
Security of Devices and Wallets
You are responsible for maintaining the confidentiality and security of the device(s) that you use to access the Platform. You are also responsible for maintaining the security of your wallet(s), and for ensuring that no unauthorized person has access to your wallet(s), any private keys, or any devices that you utilize in connection with the Platform.
We will not be liable for any loss or damage arising from your failure to protect your device(s) or your wallet(s).
Transferring Digital Assets
You should confirm all transactions before you make any transfers to any third-party wallet. Random Games will bear no liability or responsibility if you enter an incorrect wallet address or send your digital assets to an incompatible wallet. We do not guarantee the identity or value received by a recipient of an outbound transfer of digital assets from the Platform to third-party wallets.
Random Games 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 or any other transactions that you conduct via the Ethereum blockchain. Purchases are not refundable under any circumstances.
Ethereum and certain other blockchain protocols require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the applicable network. The Gas Fee funds the network of computers that run the protocol. This means that you may need to pay a Gas Fee for each transaction. Notwithstanding the foregoing, Random Games may elect to pay certain Gas Fees of users on the Network; provided that, if and to the extent Random Games elects to pay any such Gas Fees, such election(s) shall not be considered a waiver of its rights or deprive Random Games of the right thereafter to insist upon strict adherence to the foregoing terms or any other term of this Agreement.
User Generated Content
Random Games makes no representation that content, materials, and contest submissions posted on the Platform by users (“User Content”) are appropriate, lawful or available for use in any jurisdiction. Individuals who choose to access or use the Platform do so on their own initiative and are responsible for compliance with applicable law.
Certain features on the Platform may allow you to post, discuss, and share (collectively, “Post”) User Content. For all User Content that you Post, you irrevocably grant us an irrevocable, non-exclusive, freely transferable and sublicensable, royalty-free and worldwide right and license to access and use all intellectual property rights to your User Content.
By Posting, you are representing and warranting that you have all rights to use the intellectual property of any third-parties. Random Games may, however, at any time and without prior notice, filter, screen, remove, edit, or block any User Content that, in our sole and absolute discretion, violates this Agreement or is otherwise objectionable. User Content that Random Games determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “Offensive Content”) may be screened, removed, edited, or blocked. Further, we may take any action we deem necessary and/or appropriate against any user who Posts Offensive Content, including, but not limited to, suspending or terminating your use of the Platform and Services.\
Portals and Memberships
Random Games offers memberships on the Platform through portals. Portals and memberships provide unique features and benefits. Random Games charges a membership fee for access to portals (“Membership Fee”). The Membership Fee may be modified by Random Games from time to time. The Membership Fee covers costs associated with maintaining portals, memberships, and benefits. Membership Fees may vary based on tiers, features, and benefits.
Random Games reserves the right to accept or refuse membership to any user of the Platform or access to portals, with or without cause. We also reserve the right to add or remove any membership or portal benefits or terminate your membership without prior notice. Based on your membership, we may send ou emails or other electronic communications. You agree to abide by these Terms which govern portals and memberships on the Platform.
Random Games reserves all rights not expressly granted to you in this section. Accordingly, nothing in this Agreement or on the Platform will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Platform or any Random Games intellectual property located or displayed on or within the Platform or elsewhere.
Each NFT is associated with a piece of Underlying Art. “Underlying Art” includes all artwork, pictures, images, photographs, designs, graphics, icons, characters, or any other form of art now known or invented in the future. Purchasing an NFT does not grant you any intellectual property ownership of the Underlying Art. Random Games is the sole owner of all right, title, and interest in and to the Underlying Art, including all associated copyrights, trademarks, and other intellectual property rights.
Random Games Platform
Any artwork, graphics, designs, elements, content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated with the Platform, and/or created or developed by or for Random Games, are owned by Random Games, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Random Games grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Platform solely in strict compliance with the provisions of these Terms and as permitted by the functionalities of the Platform available to you.
From time to time, we may hold contests on the Platform or through our Twitter, Discord, or other accounts. By submitting your content as part of a contest, you grant us an irrevocable, non-exclusive, freely transferable and sublicensable, royalty-free and worldwide right and license to access and use all intellectual property rights to the content that you submit. You also represent and warrant that you are the sole owner of all intellectual property rights in and to the content that you submit for any contest.
Random Games’ name and all related names, logos, product and service names, marks, trademarks, graphics, designs, artwork, photos, videos, audio, software, mottos, and slogans (collectively, “Random Games IP”) are trademarks of Random Games, its associates, affiliates, or licensors. You must not use Random Games IP without the prior written permission of Random Games. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
In connection with your use of the Platform, you will note:
Third-parties, including those providing marketplaces for NFTs, may provide certain services that are available at third-party websites (or other online properties that are not owned or controlled by Random Games) through links posted on the Platform (collectively, “Third-Party Services”). In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services.
Random Games makes no representations about, and accepts no liability for, any Third-Party Services. Random Games does not endorse or assume responsibility for any activities of or resources, products, services, content, or promotions owned, controlled, operated, or sponsored by third-parties, including any Third-Party Services. If users access any Third-Party Services, users do so solely at their own risk. Random Games is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures. You expressly waive and release Random Games from all liability arising from your use of Third-Party Services. You further acknowledge and agree that Random Games will not be responsible or liable directly or indirectly for any damage or loss caused or alleged arising out of or related to any Third-Party Services.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER RANDOM GAMES NOR ITS AFFILIATES MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM, ITS CONTENT, OR CONNECTED SERVICES. THE PLATFORM AND ITS CONNECTED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER RANDOM GAMES NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, RANDOM GAMES AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RANDOM GAMES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE PLATFORM OR YOUR ACQUISITION OR PURCHASE OF NFTS WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL, WHETHER FINANCIAL OR OTHERWISE. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT RANDOM GAMES MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RANDOM GAMES AND ITS ASSOCIATES ALSO DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RANDOM GAMES, ITS ASSOCIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR THE SERVICES, 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Release
Random Games and its subsidiaries, parents, affiliates, service providers, and each of their respective officers, directors, agents, joint venturers, employees or representatives (collectively, the “Released Parties”), are not liable for any damages that may arise out of or in connection with your use of the Platform. This includes, but is not limited to, claims, applications, injuries, delays, direct loss, loss of business or profits, business interruption costs, loss of goodwill or business profits, loss of cryptocurrency or tokens, damage caused by your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, the Released Parties are not liable for any losses incurred, either directly or indirectly through your use of the Platform or any of its functions and features (collectively, all of the foregoing items will be referred to herein as “losses”). The Released Parties are hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if the Released Parties had been advised or should have known of the possibility of such losses.
You agree to indemnify and hold the Released Parties harmless from any claim or losses (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your use of your NFTs, your violation of any law or regulation, or your infringement of the intellectual property rights of any third parties.
Comments, Feedback, and Questions
If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Platform or NFTs (“Feedback”), then you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, and global right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.
The Platform is intended for users who are at least 18 years old. You must be at least 18 years old to purchase an NFT. By using the Platform or purchasing an NFT, you represent and warrant that you are at least 18 years of age.
If you suspect that any of your security details have been compromised, or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Random Games, you must notify Random Games as soon as possible by email and provide accurate information throughout the duration of the incident or breach.
Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to our Platform. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
Reservation of Rights
Random Games reserves the right to bar any transactions on the Platform, for or with, any user with or without cause, at any time, subject to any limitations imposed by applicable law. In lieu of refusing access to the Platform, Random Games may, in its sole and absolute discretion, perform due diligence. You may be subject to due diligence procedures in your use of the Platform. If you decline to provide requested information or otherwise do not reply timely or substantively with the documentation or data requested, Random Games has the absolute discretion to immediately suspend or terminate your access to the Platform.
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE RANDOM GAMES AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Relationship of the Parties
You agree that no joint venture, partnership, employment or agency relationship exists between you and Random Games as a result of this Agreement or use of the Platform.
Governing Law, Venue, and Arbitration
You agree to arbitrate any dispute arising from this Agreement or your use of the Platform. Arbitration prevents you from suing in court or from having a jury trial.
In addition, you agree:
This Agreement and your access to and use of the Platform will be governed by the laws of the State of Colorado, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Colorado and the United States, respectively, sitting in Denver, Colorado.
Class Action Waiver
BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
Changes to this Agreement
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Terms on the Platform or by any other reasonable means. You can review the most current version of these Terms at any time. This Agreement in effect at the time of your use of the Platform applies. Updated versions of this Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Agreement. If you do not agree to the updated Terms, you must stop using the Platform. Your continued use of the Platform after the date of the updated Terms will constitute your acceptance of the updated Terms.
Waiver and Severability
No waiver of by Random Games of any term or condition set out in this Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Random Games to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive any termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.
If you would like to contact us for any reason, please reach us at email@example.com