CANTINA ROYALE TERMS AND CONDITIONS 

Last Updated: 19th of June 2024

THESE TERMS AND CONDITIONS (THIS "Agreement") CONSTITUTE A BINDING CONTRACT BETWEEN YOU CANTINA ROYALE AG, A LEGAL ENTITY INCORPORATED UNDER THE LAWS OF PRINCIPALITY OF LIECHTENSTEIN, HAVING ITS REGISTERED ADDRESS AT WERDENBERGERWEG 11, 9490 VADUZ WITH REGISTERED NUMBER: FL-0002.678.700-7 ("Company", "we", "us" and "our"), IN RELATION TO ANY OF OUR GAMES OR APPLICATIONS MADE AVAILABLE THROUGH THE WEBSITE OR GAME PLATFORMS SUCH AS IOS AND ANDROID STORES (“Products”). BY INSTALLING, ACCESSING OR USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING (THE DATE OF SUCH OCCURRENCE BEING THE "Effective Date"):

1. THIS AGREEMENT, AND
2. OTHER SUPPLEMENTAL TERMS AND POLICIES REFERENCED BELOW THAT ARE EXPRESSLY STATED TO BE INCORPORATED INTO, AND MADE A PART OF, THIS AGREEMENT BY REFERENCE. 

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION AND AFFECTS YOUR LEGAL RIGHTS. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN IN CASE YOU ARE UNDER 18 OR HAVE LIMITED LEGAL CAPACITY) DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, ACCESS OR USE THE PRODUCTS.

IF YOU PERMIT YOUR MINOR CHILD OR LEGAL WARD TO USE THE PRODUCTS, YOU AGREE TO THIS AGREEMENT ON BEHALF OF THEM AND YOURSELF. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL USES OF THE PRODUCTS BY YOUR CHILD AND THAT YOU HAVE THE SAME DUTY OF CARE AS IN YOUR OWN MATTERS. YOU AGREE THAT YOU WILL NOT KNOWINGLY ALLOW ANY INDIVIDUAL UNDER THE AGE OF EIGHTEEN (18) TO USE OR ACCESS THE PRODUCTS WITHOUT A PARENT OR LEGAL GUARDIAN SUPERVISING HIM OR HER.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION AND JURY WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY.

This Agreement represents the entire agreement between you and the Company with respect to the subject matter hereof and supersedes and replaces any and all prior and contemporaneous oral and/or written agreements, understandings and statements between you and the Company with respect to such subject matter. You acknowledge and agree that in entering into this Agreement you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in this Agreement. The language of this Agreement is expressly agreed to be the English language. By entering into the Agreement, you hereby irrevocably waive, to the maximum extent legally permitted, any Law (defined below) applicable to you requiring that the Agreement be localized to meet your language (as well as any other localization requirements) or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.

The Company reserves the right to change or amend the Products or this Agreement at any time at its sole and absolute discretion by posting the modified Agreement on https://cantinaroyale.io or its relevant subdomains (“Website”). Such modifications will be effective five (5) days after such posting. If we make any material changes to this Agreement, we will post a notice of the changes on the Website and through the user-interface of the Products, and if we have your email address, we may notify you of these changes by sending a notification to the applicable email address. In such cases, we will also update the "Last Updated" date set forth above. Your continued use of the Products after we have posted the revised Agreement, or, in the event of material changes, ten (10) days following the date the Company first notified you of such material changes either through the Website, the user-interface of the Products, and/or via email, as applicable, shall constitute your acceptance of such modifications. Changes to this Agreement shall not affect your accrued rights and shall not have a retroactive effect.

You acknowledge and agree that the form and nature of the Products, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the Products. Please check the above webpage regularly for any modifications. If you disagree with any modifications to the Agreement or any future changes to the Products, your sole and exclusive remedy shall be to discontinue using the Products and cancel your registration. You are recommended to frequently review this Agreement to ensure that your understanding of the Terms and Conditions that apply to your access to and use of the Products. Your continued use of the Products after any amendments or changes shall constitute your acceptance and agreement to such amendments or changes.  

1. DEFINITIONS AND INTERPRETATION

This Agreement contains a range of capitalized terms, some of which are defined in this Section, and some of which are defined elsewhere. The Section and sub-Section headings in this Agreement are for the convenience of reading only and may not be used or relied upon for interpretive purposes.

"Content" means any text, data, information, images, graphics, sounds, videos, audio clips, links, and/or other similar materials.

"Feature" means any module, tool, and/or feature of the Products.

"Intellectual Property" means any and all inventions, discoveries, improvements, works of authorship, technical information, data, technology, know-how, show-how, designs, drawings, utility models, topography and semiconductor mask works, specifications, formulas, methods, techniques, processes, databases, computer software and programs (including object code, source code, APIs, and non-literal aspects), algorithms, architecture, records, documentation, and other similar intellectual property, in any form and embodied in any media.

"Intellectual Property Rights" means any and all rights, titles, and interests in and to Intellectual Property (under any jurisdiction or treaty, whether protectable or not, and whether registered or unregistered), and includes without limitation patents, copyright and similar authorship rights, personal rights (such as Moral Rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, industrial property rights, trademark, trade name, trade dress and similar branding rights, as well as: (a) all applications, registrations, renewals, extensions, continuations, continuations-in-part, divisions or reissues of the foregoing rights; and (b) all goodwill associated with the foregoing rights.

"Law" means any federal, state, foreign, regional, or local statute, regulation, ordinance, or rule of any jurisdiction.

"Moral Rights" means any rights of paternity or integrity, or any right to claim authorship of a work, to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, any work, whether or not such would be prejudicial to the honor or reputation of the creator of the work, and any similar right, existing under judicial or statutory Law of any jurisdiction, or under any treaty.

"NFT" means non-fungible token or similar digital item built on a blockchain technology linked with certain content or data.

"Privacy Policy" means the Company's then-current privacy policy available at https://cantinaroyale.io/privacypolicy.html which describes how we collect, use, and share personal data about you and which is incorporated into this Agreement by reference.

"Update" means an upgrade, update (such as a fix or patch), or other modification, improvement, enhancement or customization to or of the Products.

2. ACCOUNT

1. Eligibility.  In order to be eligible to use the Products, you must: (a) have not been previously suspended or removed from using the Products or other Company’s services; (b) ensure that your use of the Products will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing (c) comply with all the terms and conditions set forth in this Agreement. Please note that you are responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use the Products in each country from which the Products are accessed by you. The Company reserves the right to change, modify or impose additional restrictions with respect to the access to and use of the Products from time to time at their discretion at any time without prior notification.

2. Account. In order to use certain features of the Products, you will be required to register for an account either with the Company or a provider of gaming infrastructure for the Products we use (the “Platform Provider”) by submitting the information requested in the applicable web form or through the Products (an "Account"). If you register an Account, you must provide the information requested by the Company and/or the Platform Provider. You represent and warrant that all information submitted during the registration process is, and will thereafter remain, complete and accurate. The Company and/or the Platform Provider may refuse, in its sole discretion, to open an Account for you. The Company may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, requirements of any applicable Law, or to investigate a potential violation of this Agreement. In such cases, the Company, in its sole discretion, may disable your Account and block your ability to access the Products until such additional information and documents are processed by the Company and/or the Platform Provider. If you do not provide complete and accurate information in response to such a request, the Company may refuse to restore your access to the Products. Your Account is personal to you and must not be shared, transferred, or traded with any other person. Therefore, you must keep all information relating to your Account confidential. As between you and the Company, you alone shall be responsible and liable for maintaining the confidentiality and security of your Account credentials, as well as for all activities that occur under or in the Account. You must immediately notify the Company and relevant Platform Provider in writing of any unauthorized access to, or use of, the Account, or any other suspected or actual breach of security; but you also acknowledge that the Company and/or the Platform Provider may be unable to remedy the damage or loss (or otherwise assist) in such scenarios. The Company and/or the Platform Provider assumes no liability for any loss or damage arising from the use of the Account by you or any third party with or without your authorization.

3. Duplicate Accounts. You may only open one Account. If we discover or have reason to believe that you have opened one or more additional Account/s, each such additional Account will be classified as a "Duplicate Account". We are entitled, in respect of each Duplicate Account to close the Duplicate Account, leaving you with only the original Account (unless we have reason – for example if you have deliberately or fraudulently opened more than one active Account – to close all your Accounts).

4. Privacy Policy. Access to the Products will require the submission of certain personally identifiable information. Please refer to the Privacy Policy for information about how we collect, use, and share personal data about you. By entering into this Agreement, you acknowledge to have read and understood the Privacy Policy.

5. Electronic Communications. By using the Products, you consent to receiving electronic communications from the Company, including, but not limited to, communications sent via email and/or through the user-interface of the Products. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of the Products. These electronic communications are part of your relationship with the Company and you receive them as part of your use of the Products. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. LICENSE; ACCESS TO THE PRODUCTS

6. License. Subject to the terms and conditions of this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right, during the Term (defined below), to download, install and use the Products on non-commercial basis (the "License") provided, however, that such License is subject to your compliance with this Agreement.

7. Usage Restrictions. You shall not (and shall not permit or encourage any third party to) do any of the following: (a) reproduce the Products; (b) sell, assign, lease, lend, rent, distribute, or make available the Products to any third party, or otherwise offer or use the Products in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of the Products; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Products; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Products; (f) make a derivative work of the Products, or use the Products to develop any service or product that is the same as (or substantially similar to or competitive with) the Products; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Products; (h) take any action that imposes or may impose (at the Company’s sole discretion) an unreasonable or disproportionately large load on the Products infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Products; (i) use the Products to infringe, misappropriate or violate any third party's Intellectual Property Rights, or any Law; (j) transmit or otherwise use in connection with the Product any Content that is offensive, infringing, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or discriminatory; (k) use or attempt to use another user’s Account and/or payment method without authorization from such user; (l) access or use the Products through automated and non-human means, whether through a bot, script or otherwise; (m) create, use or make available any unauthorized software or tools, including hacks, cheats, exploits, unauthorized game client or other software that interacts with Products in any way and for any purpose, including intercepts, emulates, or redirects any communication between the Products and the Company; (n) make improper use of our support services or submit false reports of abuse or misconduct; (o) use any information obtained from or in connection with the Products in order to harass, abuse, or harm another person; (p) defraud other users, including by scamming or social engineering; (q) pose as another person; (r) sell or otherwise transfer your profile or Account; (s) sell or otherwise transfer in-game items or currency unless specifically allowed in the Products; (t) engage in any practice that aims to manipulate the outcome of any in-game match (including but not limited to match-fixing, win-trading, colluding between competitors); (u) disrupt the normal gameplay, including by passively participating in in-game matches without actively playing the game; (v) use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Products, extract data, or otherwise interfere with or modify the rendering of the Products pages or functionality; (w) use the Products for money laundering, terrorist financing, or other illicit finance; (x) use the Products from a geographic area that is subject to U.S., EU, OECD or other applicable sanctions or embargoes; (y) use the Products to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments; and/or (z) use the Products to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity.

8. Availability of the Products. Even though the Website or information about the Products may be accessible worldwide, this does not mean that the Products, or certain features thereof, are available in your country. The Company may restrict access to the Products, or certain features thereof, in certain countries in its sole discretion.

9. Equitable relief. Your full compliance with the above restrictions is a condition to the License; provided however, that such limitations shall not apply to the extent expressly permitted otherwise in this Agreement. You acknowledge that the Products contain information and materials that are confidential and proprietary to the Company (and may even constitute the Company’s trade secrets), and therefore you agree that a breach or threatened breach of the above Section (Usage Restrictions) may cause the Company to suffer irreparable harm or damage for which monetary damages will be inadequate, and accordingly, if the Company seeks an injunction, specific performance, or other equitable relief to enforce any provision under this Section, the Company shall not be required to post a bond or to prove the likelihood of irreparable harm.

4. PAID CONTENT

10. Within the Products you may be allowed to order in-game items or currency (“Paid Content”).

11. If you order any Paid Content, you represent and warrant that: a) you are either an individual over the age of eighteen (18) or, if you are under the age of eighteen (18) or if you have limited legal capacity, that your parent or legal guardian has agreed to and accepted the respective order on your behalf; b) you are the authorized Account holder for the Account from which you are making the order; c) you are authorized to use the particular credit card or other accepted method of payment; and d) all information that you submit is true and accurate.

12. The following rules apply to Paid Content: a) Paid Content may only be redeemed for other content to the extent permitted in the Products; b) Ordered Paid Content is non-refundable and non-exchangeable (whether or not you use it), except as set forth in this Agreement or required under the applicable law; c) Paid Content cannot be exchanged for cash or any goods or services (except other content as permitted in the Products); d) your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.

13. Withdrawal Rights for Digital Content. Under the law you have an automatic statutory right of withdrawal from contracts for purchases of digital content. However, when you make a purchase of digital content you agree that the digital content will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal.

5. FEATURES AND UPDATES

14. All references herein to the "Products" shall be deemed to include their Features as well. The Company reserves the right to remove, modify, and/or add Features at any time, without any notice or obligation to you, and for any reason whatsoever. Some Features may in any event be limited, suspended or restricted by geography, volume, duration or any other criteria decided by the Company in its sole discretion. Moreover, if the Company determines that you are in breach of any provision of this Agreement, the Company reserves the right to block you from certain Features. The Company makes Features available because it believes it enhances the user experience of the Products; but you acknowledge and agree that just because the Company makes a Feature available, it does not mean the Company endorses, or otherwise controls, every manner in which such Feature is used. A new or modified Feature may be accompanied by separate or additional terms and conditions, in which case such terms will (as determined in such terms and conditions) apply instead of, or in addition to, this Agreement.

15. All references herein to the "Products" shall be deemed to include any Updates made available as well. The Company may from time to time provide Updates but shall not be under any obligation to do so. Such Updates will be supplied according to whatever then-current policies the Company may have in place, and some Updates may in any event be limited, suspended or restricted by geography, volume, duration or any other criteria decided by the Company in its sole discretion. Some Updates may include automatic updating or upgrading without any notice or obligation to you, and you consent to any such automatic updating or upgrading of the Products. In some cases, you may be required to install the Update manually. An Update may be accompanied by separate or additional terms and conditions, in which case such terms will (as determined in such terms and conditions) apply instead of, or in addition to, this Agreement. The Company may in its sole discretion charge for Updates. The Company is under no obligation to provide any technical support for the Products.  

6. INTELLECTUAL PROPERTY RIGHTS

16. Products. You hereby acknowledge that the Products are or may be protected by Intellectual Property Rights (and similar) Laws, treaties, and conventions. Any rights not expressly granted herein are hereby reserved by the Company and its licensors. As between you and the Company, the Company is the sole and exclusive owner of all Intellectual Property Rights in and to the Products, and all Content generated or otherwise provided or appearing on or in the Products. For the avoidance of doubt, the Company’s name, logo, trademarks, and any Company’s product or service names, designs, logos, and slogans are the intellectual property of the Company or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Cantina Royale”, “CRT” or any other name, trademark or product or service name of the Company or our affiliates or licensors without our prior written permission. All other trademarks appearing within the Products are the trademarks of their respective owners.

17. Feedback. If you provide the Company with any ideas, suggestions, or similar feedback about performance of the Products and/or for improving the Products ("Feedback"), you hereby grant the Company a worldwide, assignable, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees), irrevocable, and perpetual license, in any media format and through any media channels (now known or hereafter developed), to access, use, reproduce, distribute, publish, broadcast, make available to the public, modify, adapt, edit, create derivative works of, publicly display, publicly perform, and otherwise commercially exploit such Feedback (the "Feedback License"). You hereby represent and warrant that: (A) your Feedback does not, and will not, infringe, misappropriate or violate any third party's Intellectual Property Rights, or any Law; and (B) you have obtained, and will maintain during and after any termination of this Agreement, all licenses, permissions, consents, approvals, and authorizations required to grant the Feedback License. The Feedback License shall survive any termination of this Agreement.

18. Ownership Restrictions.  When you purchase or own an NFT that can be used within the Products, you own the underlying NFT, subject to this Agreement and any accompanying license restrictions for the NFT. Ownership of the NFT is mediated entirely by the smart contract and Elrond Blockchain (or any other applicable blockchain): at no point may the Company seize, freeze, or otherwise modify the ownership of the NFT. You acknowledge and agree that while you may own an NFT, the underlying embedded Intellectual Property Rights may be subject to certain licensing requirements, and the Company can only convey such rights to you so long as the Company holds a valid license to the Intellectual Property Rights. If such license terminates, the Company, and by extension you, may not have any rights to the underlying embedded Intellectual Property Rights in the NFT, and the underlying embedded Intellectual Property Rights may be changed or removed at the Company’s determination.

7. ASSUMPTION OF RISKS

19. You are aware of the risks in connection with the purchase, holding and use of NFTs or digital tokens. Please note that further unknown and unforeseeable risks cannot be ruled out. Risks and uncertainties that are currently unknown to the Company could have a material adverse effect on Company’s envisaged business model and business operations as well as on the NFTs or digital tokens issued by the Company.

20. You should carefully read and consider the following risk factors. The occurrence of individual or the cumulative interaction of various risk factors may have significant adverse effects on the envisaged business model, business operations and NFTs or digital tokens issued by the Company.

21. The following presentation of risk factors does not replace the necessary expert advice by a suitable advisor of your choice. The order in which the following risks are listed does not indicate the probability of their occurrence and/or the extent of the potential (economic) effects. At the same time, the selection and content of the risk factors are based on assumptions that could subsequently prove to be incorrect.

You agree and acknowledge that you assume the following risks:

1. To the extent there is a price or market for a blockchain asset such as an NFT or digital tokens, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own, and there is no guarantee that the purchased NFTs or digital tokens will have or retain any value;

2. The commercial or market value on any NFT or digital tokens may materially diminish in value as a result of a variety of things such as negative publicity;

3. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs or digital tokens;

4. NFTs or digital tokens are not legal tender and are not backed by any government;

5. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs, digital tokens or accounts/collections;

6. There are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies etc.) including, but not limited to, the risk of hardware, software, and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere, and the Company will not be responsible for any of these, however caused;

7. Upgrades to the Elrond platform and blockchain, a hard fork or other change in the Elrond platform or blockchain, a failure or cessation of Elrond, or a change in how transactions are confirmed on the Elrond platform or blockchain may have unintended, adverse effects on all blockchains using such technologies, including without limitation to the NFTs or digital tokens you may purchase or earn. We do not control the Elrond blockchain that you are interacting with, and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on the blockchain.

8. Additionally, blockchain transactions are irreversible and losses due to fraudulent or accidental transactions may not be recoverable, including accidental transactions whereby you provide a wrong wallet address. The Company has no ability to reverse any transactions on the blockchain;

9. A wallet and the NFTs or digital tokens it contains can only be accessed using the private key assigned to the wallet or a respective smart contract controlling the wallet. You are solely responsible for the secure storage and administration of their private keys of the wallet in which the NFTs or digital tokens are held, as well as for the protection of the private key and the wallet against unauthorized access by third parties. Loss of the private keys can lead to irretrievable loss of the NFTs or digital tokens you purchased or earned. The Company recommends you seek professional advice on the safe management of private keys. You hereby agree to be aware that the risk of losing access to the NFT or digital tokens due to loss of private key(s), custodial error, or purchaser error is solely your responsibility and the Company cannot be held liable for it;

10. The Products provided by the Company can be dependent of service providers and/or any other third parties. If we are unable to maintain a good relationship with such service providers and/or third parties; if the terms and conditions or pricing of such service providers and/or third parties change; if we violate or cannot comply with the terms and conditions of such service providers and/or third parties; or if any of such service providers and/or third parties loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Products will suffer.

11. Hackers or other groups or organizations may attempt to interfere with your wallets, or the NFTs or digital tokens you hold in variety of ways, including but not limited to denial-of-service attacks, Sybil attacks, spoofing, smurfing, malicious attacks or consensus-based attacks, which may result, e.g., in NFTs or digital tokens being stolen or inaccessible without chance of recovery. Blockchains are exposed to mining attacks which may put the smart contract at risk;

12. The risk of hacking, security weaknesses, fraud, counterfeiting, cyber-attacks, and other technological difficulties;

13. The risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and NFTs and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the NFTs or digital tokens you may have purchased or earned;

14. The risks related to taxation;

15. It is your responsibility to obtain any necessary qualified tax advice and to evaluate the tax consequences of purchasing, earning, holding, using and selling the NFTs or digital tokens.

16. If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

22. You represent and warrant that you have done sufficient research before making any decisions to sell, buy, transfer, or otherwise interact with any NFTs or digital tokens and that you understood all risks associated in connection with the purchase/earning of an NFT or digital tokens through or in connection with the Products. You further acknowledge and agree it is your sole responsibility to carry out all necessary due diligence for all your activities relating to NFTs or digital tokens, and you represent and warrant that you have not and are not relying on, and shall have no remedies, in respect of any statement or representation made by the Company in relation to any sale, buy, transfer or interaction otherwise with any NFTs or digital tokens.

8. THIRD PARTY SOFTWARE, CONTENT AND SOURCES

23. The Products may include third party software components that are subject to open source and/or pass-through commercial licenses and/or notices ("Third Party Software" and "Third Party Software Terms and Notices", respectively). The Company will reasonably comply with any valid written request submitted by you to the Company for exercising any rights you may have under such Third-Party Software Terms and Notices. You acknowledge that your use of the Products is also governed by such Third-Party Software Terms and Notices, and that to the extent of any conflict between this Agreement and any Third-Party Software Terms and Notices, the latter shall control. Any undertakings, representations, warranties, guarantees, conditions, indemnities or other commitments made by the Company in this Agreement concerning the Products (if any), are made by the Company and not by any authors, licensors, or suppliers of, or contributors to, such Third-Party Software. Notwithstanding the foregoing sentence or anything in this Agreement to the contrary, the Company does not make any representation, warranty, guarantee, or condition, and does not undertake any defense or indemnification, with respect to any Third-Party Software.

24. The Products may present, or otherwise allow you to view, access, link to, and/or interact with, Content from third parties and other sources that are not owned or controlled by the Company (such Content, "Third Party Content"). The Products may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by the Company of such Third Party Content or third party, nor any affiliation between the Company and such third party. The Company does not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices.

25. There could be links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left the Products, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of the Company and may be “open” applications for which no recourse is possible. The Company is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. The Company provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

26. IF YOU ARE USING OUR PRODUCTS ON EXTERNAL PLATFORMS, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD-PARTY PLATFORMS. THE CHARGING AND BILLING IN SUCH PRODUCTS ARE SUBJECT TO RULES OF THOSE PLATFORMS, NOT OF THE COMPANY. THE COMPANY DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SUCH EXTERNAL PLATFORMS’ ACTIONS.

9. DISCLAIMERS

27. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCTS IS AT YOUR SOLE RISK. AS BETWEEN YOU AND THE COMPANY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND ANY CONTENT WHATSOEVER ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPANY AND ITS LICENSORS. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE COMPANY PARTIES OR THROUGH THE PRODUCTS, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD THE COMPANY RESPONSIBLE FOR ANY BREACH OF SECURITY.

28. IN ADDITION, NEITHER THE COMPANY NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:

1. REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE PRODUCTS, OR ANY CONTENT;  
2. THAT YOUR USE OF, OR RELIANCE UPON, THE PRODUCTS OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
3. THAT THE PRODUCTS OR ANY CONTENT WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED; OR
4. REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS;
5. REGARDING ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS NOT AUTHORIZED BY THE COMPANY.

29. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, ANY USER-GENERATED CONTENT OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.

30. Some jurisdictions' Laws do not allow the disclaimer of certain implied warranties or conditions, and to the extent applicable to you, the Company limits the duration of such warranties and conditions to the duration of ninety (90) days from the Effective Date.

31. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (DISCLAIMER) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

10. LIMITATION OF LIABILITY

32. TO THE FULLEST EXTENT PERMITTED BY LAW,  YOU AGREE THAT IN NO EVENT SHALL THE COMPANY, ANY OF ITS AFFILIATES, OR ANY OF ITS SERVICE PROVIDERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR:

1. ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;

2. ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;

3. ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR

4. THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.

33. THE COMBINED AGGREGATE LIABILITY OF THE COMPANY AND ALL ITS AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100), AND (B) THE AMOUNT RECEIVED BY THE COMPANY FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM.

34. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF THE COMPANY OR THE COMPANY’S AFFILIATE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.

35. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL NOT APPLY TO ANY THE COMPANY LIABILITY ARISING: (A) FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (B) FROM FRAUD.  

36. Some jurisdictions' Laws do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply.  

37. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (LIMITATION OF LIABILITY) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

11. INDEMNIFICATION

38. If any third party (including, but not limited to, a regulatory or governmental authority) brings any kind of demand, claim, suit, action or proceeding against the Company, its affiliates, independent contractors and service providers, and/or any of our respective directors, officers, employees, or representatives (each, an "Indemnitee"), and it is based upon or arises from:

1. Your use or misuse of the Products; and/or

2. Any Feedback you provide; and/or

3. Your breach of any provision of this Agreement; and/or

4. Your violation of any applicable Law or of the rights of or obligations to a third party.

(each of the foregoing, an "Indemnity Claim") then, upon written request by the Company (to be decided in its sole discretion), you agree to assume full control of the defense and settlement of the Indemnity Claim; provided, however, that (d) the Company reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Indemnity Claim, and in such cases you agree to reasonably cooperate with the Company's defense activities at your own cost and expense; and (e) you shall not settle any Indemnity Claim, or admit to any liability thereunder, without the express prior written consent of the Indemnitee(s).

39. In addition, and regardless of whether (or the extent to which) you controlled or participated in the defense and/or settlement of an Indemnity Claim, you agree to indemnify and hold harmless the Indemnitee(s) for and against: (a) any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including reasonable attorneys' fees or penalties imposed by any regulatory authority) incurred by the Indemnitee(s) in the defense of the Indemnity Claim; and (b) any amounts awarded against, or imposed upon, the Indemnitee(s) under such Indemnity Claim, or otherwise paid in settlement of the Indemnity Claim (including without limitation any fines or penalties). If you are obligated to indemnify the Indemnitee pursuant to this Agreement, the Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms.

12. TERM AND TERMINATION

40. Term. This Agreement commences on the Effective Date and shall continue in full force and effect until terminated in accordance herewith (the "Term").

41. Termination by you. You may terminate this Agreement at any time by deleting your Account through the interface of the Products. Please note that if you decide to delete your Account and terminate this Agreement, you will lose any in-game progress, items and other Content, including Paid Content, that was available from that Account at the time of the termination)

42. Termination by the Company. If you breach any of the provisions of this Agreement, the License will terminate automatically. Additionally, the Company reserves the right, with or without notice and in its sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Products (or any part thereof) at any time and for any or no reason, and you acknowledge and agree that it shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to the Company. If we terminate, suspend, disable, terminate, or delete your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

43. Consequences of Termination; Survival. Upon termination of this Agreement, the License will automatically terminate and be deemed revoked, and you shall immediately cease use of the Products and permanently delete the Products from all your devices. Sections 2.1., 2.4., 3.2., 3.4., 5 through 13 shall survive termination of this Agreement, as shall any right, obligation or provision that is expressly stated to so survive, or that by its nature ought to survive. Termination shall not affect any rights and obligations accrued as of the effective date of termination.

13. GOVERNING LAW 

44. This Agreement shall be governed by the laws of the Principality of Liechtenstein, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules.

45. You irrevocably and unconditionally (i) submit to the exclusive jurisdiction of the Principality Liechtenstein District Court and any appellate court from any such court, solely for the purpose of any action, suit or proceeding relating in any way to your installation, access or use of the Products, to any products earned, sold or distributed through the Products, or to any aspect of your relationship with the Company, (ii) agree that venue shall like exclusively in such courts, and (iii) waive, to the fullest extent you may effectively do so, any defense of an inconvenient forum to the maintenance of such action or proceeding in any such court and any right of jurisdiction on account of your place of residence or domicile.

46. The Company may also elect to assert its claims from this Agreement at an “Arbitral Tribunal”. The arbitration proceeding shall be conducted in accordance with the Liechtenstein Arbitration Rules (LIS) of the Liechtenstein Chamber of Commerce and Industry. The seat of the Arbitral Tribunal shall be Vaduz and the arbitral proceeding shall be conducted in English.

47. FURTHERMORE, YOU: (A) AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY CLAIM, DISPUTE OR CONTROVERSY WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS (AND NOT IN ANY CLASS ACTION OR CLASS-WIDE PROCEEDING), AND THAT YOU MAY INITIATE SUCH PROCEEDINGS ONLY ON YOUR OWN BEHALF; (B) HEREBY IRREVOCABLY WAIVE THE RIGHT TO LITIGATE SUCH CLAIMS, DISPUTES, OR CONTROVERSIES IN COURT BEFORE A JURY; AND (C) AGREE NOT TO PARTICIPATE IN CLAIMS, DISPUTES, OR CONTROVERSIES BROUGHT IN AN ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR IN CONSOLIDATED CLAIMS, DISPUTES, OR CONTROVERSIES INVOLVING ANOTHER PERSON'S ACCOUNT.

48. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAUSE OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE YOU AGREE THAT SUCH CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

14. MISCELLANEOUS

49. Assignment. The Company may assign this Agreement (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. This Agreement is personal to you, and you shall not assign (or in any other way transfer) this Agreement (or any of its obligations or rights hereunder) without the Company’s express prior written consent. Any prohibited assignment shall be null and void. Subject to the foregoing, this Agreement binds and benefits each party and its respective successors and assigns.

50. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

51. Remedies. Except as may be expressly stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies.

52. Waiver. No failure or delay on the part of any party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by the Company, the writing must be duly signed by an authorized representative of the Company) and shall be valid only in the specific instance in which given.

53. No Storage. The Products are not intended to, and will not, operate as a data storage product or service, and you agree not to rely on the Products for the storage of any Account or other Content whatsoever. You are solely responsible and liable for the maintenance and backup of all Account Content or other Content of yours. Notwithstanding the foregoing, the Company reserves the right to automatically download Account Content to the Company's cloud-based database(s).

54. Third Party Rights. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third-party beneficiary rights upon any other person or entity.

15. CONTACT

If you have any questions, complaints or comments regarding this Agreement or Products, please contact us by sending us an email support@cantinaroyale.io or by opening a ticket in our discord channel: https://discord.gg/cantinaroyale