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Licensing Agreement

FANTASTEC

LICENCE TERMS FOR SWAP APP


 

PLEASE READ THESE LICENCE TERMS CAREFULLY

 

1.  Your agreement to these Licence Terms

 

These terms and conditions cover your use of the Fantastec SWAP mobile application (the “SWAP App”).  If you are below the age of 16, please ask your parent or guardian to agree on your behalf to the terms and conditions set out below (the “Licence Terms”). 

 

2.  Who we are and how to contact us

 

Fantastec is the trading name for Fantastec Sports Technology Ltd, an English registered company under company number 10757008.  Our registered address is at 125 Wood Street, London EC2V 7AW, UK.  Our VAT number is 271 0744 20.  We own the rights in, and operate, the SWAP App.

 

If you have any questions about the SWAP App or have problems when you use it, you can contact us at swap.support@fantastec.io. 

 

You may also wish to contact us:

 

  • if there is something in these Licence Terms that you don’t understand and want to talk to us about it; or

 

  • if you would like a copy of these Licence Terms in another format (for example, audio, large print).

 

3.  Apple or Google’s terms also apply

The ways in which you can use the SWAP App may also be controlled by Apple https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html 

or Google’s https://play.google.com/intl/en_uk/about/play-terms/index.html 

terms and policies when you download the SWAP App from the relevant app store (for example, the Apple App Store or Google Play Store) (“your App Store”).  If this is the case, Apple or Google’s terms and policies will apply instead of these Licence Terms where there are differences between the two.

 

4. How the SWAP App works

 

The SWAP App enables you to purchase, collect, showcase, trade and gift digital collectibles relating to sports teams, clubs and players/athletes (“SWAP Digital Collectibles”) containing exclusive content from global football (soccer) leagues and other sports, competitions, friendly matches and club or team related training and activities featuring current and former players (collectively, the “App”). 

 

The SWAP App allows you to purchase, collect, and showcase SWAP Digital Collectible which capture a football game, sport event or training related event, or item of curated information.  Each SWAP Digital Collectible is on the FLOW blockchain. The Digital Collectible can also be known as a crypto asset. SWAP Digital Collectibles are comprised of a photograph of one or more athletes or players representing a team or club at the time the moment was captured, and for some SWAP Digital Collectibles a video of one or more athletes or players, and/or a set of statistics that are associated with one or more athletes or players are featured on the Digital Collectible.  Each SWAP Digital Collectible has a set of attributes – including, among other things, scarcity, and a points score – which help determine the value of the SWAP Digital Collectible(s). 

 

You can buy and download Digital Collectibles as part of a “Pack”, and you can trade, swap or gift individual SWAP Digital Collectibles with other users.

 

You can earn SWAP Digital Collectible for free by participating in certain challenges or marketing campaigns, or by completing certain SWAP in-App tasks that Fantastec may make generally available from time to time.  You may also be able to purchase SWAP Digital Collectibles directly in the SWAP App.  You can also purchase SWAP Digital Collectibles by buying Packs on the App (each, a “Pack”). 

 

There are different types of Packs available for purchase on the App distinguished by a specific Collection name, and a specific collection level which align with the scarcity of the SWAP Digital Collectibles contained within the pack. Fantastec reserves the right to modify the types and numbers of Packs available at our discretion. Depending on the type of Pack you buy, you will collect SWAP Digital Collectibles of varying levels of scarcity.  Before you buy a Pack, we will advise the types of SWAP Digital Collectibles (but not the exact Digital Collectibles) that are contained in that Pack.

 

Digital Collectible are stored and swapped or traded on the platform's secondary market places which are open to all SWAP App users.  All interactions and transactions on the SWAP App (for example, any trading of Digital Collectibles and buying of Packs) are updated and recorded on the FLOW Blockchain.  

Blockchain technology is a way of recording information onto multiple Nodes (computers) at the same time via the internet.  For the purposes of the SWAP App, it allows you and other users to interact and transact safely, in a trusted environment.  Once a transaction has taken place, it will be recorded on the platform’s associated blockchain. Some collectible Digital Collectibles possess a feature that allows its owner to review a list of the Digital Collectibles transaction history, listing its previous owners by reference to their username.

  

5. Your right to use the SWAP App and Collectibles

 

These Licence Terms grant you the right to use the SWAP App, including the right to buy, download, collect, store and swap or trade Digital Collectibles from your account and its associated wallet.  They also contain various restrictions on how you can use the SWAP App, to ensure it is not unlawfully misused or copied.  

 

Your agreement to these Licence Terms becomes effective immediately.  Your right to use the SWAP App will continue until you or we end our agreement under these Licence Terms.

 

SWAP App

 

In return for your agreeing to comply with these Licence Terms, you may use the SWAP App (including any updates to the SWAP App we make available to you) on an unlimited number of mobile / handheld devices, and view, use and display the SWAP App on those devices for your personal, non-commercial use.

 

The right to use the SWAP App is personal to you.  You may not transfer the SWAP App with or to someone else (whether for money or anything else or for free).  Anyone else wishing to use the SWAP App must agree to these Licence Terms directly.  If you sell any device on which the SWAP App is installed, you must remove the SWAP App from it.


 

6.  Ownership; License; Restrictions

A.  Definitions.  For the purposes of this Section 6, the following underlined terms will have the following meanings: 

“Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs or graphical illustrations) that may be associated with a SWAP Digital Collectibles that you own.

 

“Own” means, with respect to a SWAP Digital Collectible, a Digital Collectible that you have purchased or otherwise rightfully acquired from a legitimate user, where proof of such purchase is recorded on FLOW blockchain.

 

“Purchased SWAP Digital Collectible” means a SWAP Digital Collectible that you own.

 

“Third Party IP” means any third party or licensor patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognised in any country or jurisdiction in the world.

 

B. Ownership.

i. You own the Digital Collectible.  Each Digital Collectible is a non-fungible token (an “NFT”) on the Flow blockchain.  When you purchase a SWAP Digital Collectible, you own the underlying Digital Collectible completely.  This means that you have the right to swap, sell or give away your collectible. Ownership of the collectible is mediated entirely by Fantastec's network: At no point will Fantastec seize, freeze, or otherwise modify the ownership of any Fantastec SWAP Digital Collectible.

 

ii. Fantastec Owns the App.  You acknowledge and agree that Fantastec owns all legal right, title and interest in and to all other elements of the App, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organisation, compilation of the content, code, data, and all other elements of the App (collectively, the “Fantastec Materials”)).  You acknowledge that the Fantastec Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Fantastec Materials are the copyrighted property of Fantastec or its licensors, and all trademarks, service marks, and trade names associated with the App or otherwise contained in the Fantastec Materials are proprietary to Fantastec or its licensors. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other Fantastec Materials that you may access on or through the App. We reserve all rights in and to the Fantastec Materials that are not expressly granted to you in these Terms. For the sake of clarity, you understand and agree: (a) that your purchase of a SWAP Digital Collectible, whether via the App or otherwise, does not give you any rights or licenses in or to the Fantastec Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialise any elements of the Fantastec Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any Fantastec or Fantastec SWAP trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.

 

C.  License to Art.  Subject to your continued compliance with these Terms, Fantastec grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased SWAP Digital Collectibles, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Purchased SWAP Digital Collectibles, provided that the marketplace cryptographically verifies each SWAP Digital Collectible owner’s rights to display the Art for their Purchased Fantastec SWAP Digital Collectible to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased SWAP Digital Collectible, provided that the application cryptographically verifies each SWAP Digital Collectible owner’s rights to display the Art for their Purchased SWAP Digital Collectible, ensuring  only the owner can display the Art, and providing that the Art is no longer visible once the owner of the Purchased SWAP Digital Collectible leaves the application.

  

D. Restrictions.  You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without Fantastec’s (or, as applicable, Fantastec’s licensors’) express prior written consent in each case: (i) modify the Art for your Purchased SWAP Digital Collectible in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Art for your Purchased Fantastec SWAP Digital Collectible to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased SWAP Digital Collectible in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for your Purchased SWAP Digital Collectible in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialise merchandise that includes, contains, or consists of the Art for your Purchased SWAP Digital Collectible; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased SWAP Digital Collectible; or (vii) otherwise utilise the Art for your Purchased SWAP Digital Collectible for your or any third party’s commercial benefit. To the extent that Art associated with your Purchased SWAP Digital Collectible contains Third Party IP (e.g., licensed intellectual property from Arsenal Football Club, CF Real Madrid, Borussia Dortmund CF, Syracuse University, University of Illinois, Michigan State University, University of Michigan or any football player or athlete associated with these teams featured in any SWAP Digital Collectible), you understand and agree as follows: (x) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, Fantastec may need to pass through additional restrictions on your ability to use the Art; and (z) to the extent that Fantastec informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restrictions in this Section will survive the expiration or termination of these Terms. 

 

E. Other Terms of License.  The license granted in Section 6.C above applies only to the extent that you continue to Own the applicable Purchased SWAP Digital Collectible. If at any time you sell, trade, swap, donate, give away, transfer, or otherwise dispose of your Purchased or acquired SWAP Digital Collectible for any reason, the license granted in Section 6.C will immediately expire with respect to that SWAP Digital Collectible without the requirement of notice, and you will have no further rights in or to the Art for that SWAP Digital Collectible.

​
 

7.  Guest User account creation and access

When you download and open the SWAP app, you will be able to use the app as a ‘guest_user’ without having to create a Swap account, and be granted limited functionality and ownership rights. In order to obtain ‘guest_user’ status, you will need to affirm that you are aged 16 years or older. If you answer YES you will be given access to the SWAP Home screen, assigned an automatically generated username. On occasion, SWAP reserves the rights to offer new users promotional (free) SWAP Digital Collectible gifted to new user guest or fully signed up accounts. The number of free promotional SWAP Digital Collectibles may vary.

If you answer NO to the age verification modal, and confirm that you are under 16 years of age, you will be required to hand your device over to a parent or guardian who is responsible for you and your device. If they agree to the Terms and Conditions, Privacy policy and Cookie policy set out and accessible for viewing, and demonstrate their agreement by ticking the relevant boxes on the Parental Consent modal, you will be approved ‘guest_user’ status and have access to the SWAP app and its ‘guest-user’ functionality. You will be given access to the SWAP Home screen, assigned an automatically generated username, and have any SWAP Digital Collectible gifted to your account should a promotion be active.

You will be able to see your ‘guest_username’ by tapping the profile icon on the Home screen.

​

8. ‘Guest_User’ Status Limitations of App Use

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As a ‘guest_user’ you will have access to the majority of the SWAP apps functionality. As a guest user you will not be able to create your own unique SWAP username.This will only be possible when signing up for a SWAP account (see clause 9).

Risk of SWAP Digital Collectible loss through Guest Account closure

As an active ‘guest_user’, you will be able to acquire more SWAP Digital Collectible and build your collections. However your collection is at risk while you remain a guest_user as the SWAP Digital Collectible are not associated with a protected account. Should you delete the Swap app or lose your guest username credentials, Fantastec will have no means of verifying your identity or the contents of your collection, so access to all SWAP Digital Collectibles will be lost. It is therefore advisable that guest_users create a permanent account as soon as possible following the in-app prompts.

 

9. Creating a SWAP account

​

In order to protect your SWAP Digital Collectible and collections, and prevent loss in the event you deliberately or accidentally deleting the SWAP App, you will need to have Signed up for and created a permanent account within the SWAP App beforehand.

When you register for a permanent SWAP App account, you agree to provide accurate, up to date and complete information to associate you with your SWAP account. This can either be in the form of an email or mobile phone number, both of which will be verified to evidence their accuracy and prevent data entry errors. You will be able at this point to provide a password if registering by email, and also be given the option to change your guest_username to an appropriate and permitted username of your choosing.  If you do not, we reserve the right to suspend or terminate your account.  

You may only create a single account, and multiple accounts (whether or not using different names, email addresses or nicknames) are not permitted.  We reserve the right to suspend or terminate any accounts which we consider have been created in breach of this restriction. 

At a future point, you may also have the option to create a permanent SWAP account using Social Sign On (SSO). You agree and understand that any account access issues or problems relating to a SWAP account that has used SSO, will be the responsibility of the account member to resolve with their SSO provided. SWAP can not take any responsibility for your account details which are held by a third party.

 

We reserve the right to delete your account if you or we end our agreement under these Licence Terms.

 

10.  Buying Packs as in-app purchases

 

You can buy Packs as in-app purchases when you use the SWAP App.  Although you do not have to buy Packs in order to use the SWAP App (and although we may enable you to access and download certain Packs or SWAP Digital Collectibles on a promotional basis), your enjoyment of the features and functionality of the SWAP App will be limited if you choose not to do so.

 

If you buy any Pack on the SWAP App, your payment will be processed via your App Store.   Your App Store will determine the methods of payment available to you, and you must comply with the terms and policies (set by your App Store or any other third party) which apply to that transaction.  

 

You can currently only use Packs (and the individual SWAP Digital Collectibles in those Packs) within the SWAP App.  If you buy a Pack as an in-app purchase, you acknowledge that you cannot cancel that purchase once you have started to download it. This is without prejudice to your statutory rights (if any) applicable in your country, in relation to any Packs which you have bought but not yet downloaded. 

 

If you have an issue with any SWAP Digital Collectible or Pack which you have downloaded (for example, if a download does not work for any reason), please contact us at Swap Support.  We will then investigate this issue and act reasonably in deciding whether to provide you with a replacement SWAP Digital Collectible or Pack to resolve the issue in another way.  We will not charge you to replace or repair the SWAP Digital Collectible or Pack.  If for any reason we are unable to replace or repair the relevant SWAP Digital Collectible or Pack, or we cannot do so within a reasonable period of time and without significant inconvenience to you, we will authorise your App Store to refund you with an amount up to the cost of the relevant SWAP digital collectible or Pack.  Alternatively, if you would like to request a refund, you can contact your App Store directly.

 

Although in-app purchases will always be offered to you within the SWAP App, you can turn off or manage in-app purchases, or set parental controls on your device (or on a device used by a child (under 16) authorised by you) by reviewing the settings on that device.  For more information on how to do this, please check your device manual and your App Store’s terms and policies.

 

You are fully responsible for managing any in-app purchases you make on the SWAP App and the amount you spend on these purchases via your App Store.  If you have any issues related to payment for Packs or other in-app purchases, you should contact your App Store directly.

 

11. Devices, accessibility and security

 

The SWAP App can be operated from a wide range of mobile and handheld devices, subject to having suitably memory capacity. The SWAP App is developed as a mobile app for use on a number of iOS and Android mobile operating systems.  We do not guarantee, however, that the SWAP App can be accessed and used on all devices or wireless service plans, nor do we guarantee that the SWAP App is available in all geographic locations.  The functionalities and features of the SWAP App may also differ between devices.  Please contact us if you would like further information on minimum system requirements.

 

We are not responsible for issues relating to the internet generally, such as broadband availability, connection speed and other matters outside of our control which may affect the quality and availability of the SWAP App, and your ability to use it.  

 

Separately, you may also experience a slight delay in any interactions and transactions you make (for example, any trading of SWAP digital collectibles and buying of Packs) from appearing on the SWAP App. 

 

While we take reasonable measures in accordance with good industry practice to ensure the SWAP App is secure, we cannot guarantee that it will be secure or free from bugs or viruses. You should therefore take your own precautions in this regard, including using your own virus protection software.

 

12.  Third party fees and data charges 

 

Your (or the device owner’s) internet / mobile service provider or other third parties may charge you for accessing the SWAP App on your device, including data charges.  These charges, and any other similar costs to use the SWAP App, are your (or the device owner) responsibility.  You will not be paid in any way for using the SWAP App.  

  

13.  Your responsibilities

 

You confirm you own, or have obtained permission from the owner of, any device that you are using to access the SWAP App.  You will be responsible for complying with these Licence Terms, whether or not you own the device.  You are responsible for all uses of the SWAP App through your account (including use by others) and for complying with these Licence Terms, whether or not you own the device that the SWAP App is being used on.

If you provide a mobile phone number, an email address and password for your account, or any other piece of information as part of our security procedures (such as a username), you must treat such information as confidential. You agree to keep your account details safe and you must not disclose that information to anyone else. 

If you know or suspect that anyone other than you knows your account details or you become aware of any other breach of security, you must promptly notify us at Swap Support.

 

If you allow children under 16 years of age to use the SWAP App on your device, it is your responsibility to supervise them appropriately, for example to prevent them from altering the SWAP App settings, making in-app purchases (if relevant) or to prevent them inappropriately accessing or using other apps on the device (such as apps with age-inappropriate content).

 

14.  Privacy

 

Under data protection laws, we need to tell you about how we process your personal data and for what purposes, and your rights in relation to your personal information and how to exercise those rights. This information is provided in our Privacy Policy Privacy Policy.  It is important that you read that information.

 

By using the SWAP App, you agree to us collecting and using technical information about the devices you use the SWAP App on and related software, hardware and peripherals to improve our products.  Please see our Privacy Policy Privacy Policy

 

You also agree to treat the information of other SWAP App users confidentially and agree not to share it with anyone else.  You must let us know if you know or suspect that anyone else has gained access to other SWAP App users’ information via your account or your device.

 

15.  Updates to the SWAP App 

 

As the SWAP App evolves, we may make updates or modifications to improve its functionality, enhance performance, reflect changes to users' needs, address security issues or for other purposes. We may ask you to update the SWAP App for these reasons.  If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the SWAP App.

 

These updates or modifications may result in loss of content, data or progress within the SWAP App. We reserve the right to make these updates or modifications and will not be held liable to you for such updates or modifications and their resulting loss of data or progress.  

 

16.  We are not responsible for other sites or services

 

The SWAP App may contain links to other independent sites or services which are not provided by us. These independent sites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

 

You will need to make your own independent judgement about whether to use any such independent sites and services, including whether to buy any products or services offered by them.


 

17.  Acceptable use restrictions

 

You must:

 

  • not use the SWAP App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Licence Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the SWAP App or any operating system;

 

  • not infringe our intellectual property rights or those of any third party in relation to your use of the SWAP App;

 

  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the SWAP App;

 

  • not use the SWAP App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

 

  • not collect or harvest any information or data from the SWAP App or our systems or attempt to decipher any transmissions to or from the servers running the SWAP App.

 

18.  Intellectual property rights

 

All intellectual property rights in the SWAP App, and any patches and updates to it, whether currently in existence or created in the future, and wherever they exist in the world, belong to us or our licensors.  Those rights are licensed, not sold, to you. 

 

You agree that your use of the SWAP App does not create any intellectual property rights of your own in, or to, the SWAP App.  All rights in any outputs from your use of the SWAP App, including the results of any surveys or feedback, will be owned by us.

 

Our reference to “intellectual property rights” in this section includes all Materials defined in clause 6, but is not limited to, all of the following: titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, any related documentation, and “applets” incorporated into the SWAP App.

 

19.  Confidentiality

 

You acknowledge and agree that the content contained in, and your use of, the SWAP App that is not already publicly available shall be considered strictly confidential unless we explicitly authorise public disclosure.  You undertake that you will respect and preserve the confidentiality of the SWAP App, both while you are using it and if you stop using it for any reason.  

 

You must not disclose, post, disseminate or otherwise publish any confidential information in or relating to the SWAP App, without our explicit written permission.  This includes publishing or posting such confidential information on the internet or social media.

 

In addition, you must not use any confidential information or any functions, features, concepts, content or images in or relating to the SWAP App for any commercial, industrial or other purpose or benefit.   

 

20.  Our responsibility for loss or damage suffered by you

 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Licence Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Licence Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Your only right or remedy with respect to any problems or dissatisfaction you have with the SWAP App for unforeseeable loss or damage is to uninstall it or stop using it.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Licence Terms, both we and you knew it might happen.

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.  If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk. 

 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us and you should take all reasonable measures to protect your data, including regular backups.

 

We are not liable for business losses. The SWAP App is for domestic and private use. If you use the SWAP App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Limitations to the SWAP App. The SWAP App is provided for entertainment purposes only and use of the SWAP App is at your own risk. The SWAP App is provided on an “as is” and “as available” basis. Although we make reasonable efforts to update the information provided by the SWAP App, except as required by law, we give no warranty, representation or guarantee, express or implied, as to the quality, content, availability, uptime or fitness for a specific purpose of the SWAP App.

 

Our responsibility for Packs you buy as in-app purchases. If you have bought a Pack as an in-app purchase, and the Pack (or any SWAP Digital Collectibles within that Pack) are not of satisfactory quality, fit for purpose or as described, you are entitled to:

  • request that we, at our own cost, repair or replace the relevant Pack or SWAP Digital Collectible(s) within a reasonable period of time; or

 

  • receive a refund without undue delay of an amount up to the price you paid for the relevant Pack or SWAP Digital Collectible(s) where repair or replacement is impossible or cannot be done within a reasonable period of time or without significant inconvenience to you.

 

21.  You may end these Licence Terms 

You may end your agreement with us under these Licence Terms at any time by discontinuing your use of the SWAP App and deactivating your account.  If you decide to end your agreement with us, you should delete the SWAP App from your device.

 

Deleting the SWAP App from your device will also delete any information you have generated within the SWAP App, and may delete any information created in a previously installed version of the SWAP App. Deleting the SWAP App will not delete information that you have provided to us or which we have collected through the SWAP App. To request deletion of that shared information, please contact us directly by e-mailing us at Swap Support. 

 

22.  We may suspend or end your right to use the SWAP App 

We may suspend or end your right to use the SWAP App (for example, by contacting you or by deactivating your account) at any time for any reason, including the following: 

  • you do not comply with these Licence Terms (or any terms or policies which they refer to);

 

  • you do not use your account for a prolonged period; or

 

  • you create a possible risk or legal exposure to us.

 

You must stop using the SWAP App immediately if we suspend or end your right to use it.  In addition, if we end your right to use the SWAP App, you must delete or remove it from the devices in your possession and (if we request it) confirm to us that you have done this.

 

23.   Dealing with others

 

We may transfer our rights and obligations under these Licence Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

You may not transfer your rights under these Licence Terms to another person.

 

Only you and we can enforce these Licence Terms.  They do not confer any rights on any persons who are not party to these Licence Terms.

 

24.  General

 

Each of the paragraphs of these Licence Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Licence Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

These Licence Terms are governed by English law.  If either of us wishes to bring legal proceedings, we both agree we must do so in the English courts. 

 

We may need to change these Licence Terms to reflect changes in law or best practice or to deal with additional features which we introduce.  We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the SWAP App.  If you do not accept the notified changes you will not be permitted to continue to use the SWAP App.

 


 

TRADE MARK AND COPYRIGHT NOTICES

 

Arsenal, the Arsenal Shield, the Arsenal Cannon and any other trademarks owned by The Arsenal Football Club Plc reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of The Arsenal Football Club Plc. and may not be used, in whole or in part, without the written consent of The Arsenal Football Club Plc.

 

Real Madrid CF, the Real Madrid Crest, the Real Madrid badge and any other trademarks owned by The REALMADRID CMF reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of Real Madrid CF and may not be used, in whole or in part, without the written consent of Real Madrid Club de Fútbol.

 

Borussia Dortmund, the BVB Badge, Ballspielverein Borussia 09 e. V. Dortmund and any other trademarks owned by The Borussia Dortmund reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of Borussia Dortmund and may not be used, in whole or in part, without the written consent of Ballspielverein Borussia 09 e. V. Dortmund.

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Syracuse University, Syracuse Orange, the Syracuse University Logo and any other trademarks owned by Syracuse University reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of Syracuse University and may not be used, in whole or in part, without the written consent of Syracuse University.

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University of Illinois, Fighting Illini, the University of Illinois Logo and any other trademarks owned by University of Illinois reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of University of Illinois and may not be used, in whole or in part, without the written consent of University of Illinois.

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University of Michigan, Wolverines, the University of Michigan Logo and any other trademarks owned by University of Michigan reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of University of Michigan and may not be used, in whole or in part, without the written consent of University of Michigan.

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Michigan State University, MSU, Spartans, the Michigan State University Logo and any other trademarks owned by Michigan State University reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of Michigan State University and may not be used, in whole or in part, without the written consent of Michigan State University.

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[FEBRUARY] 2023

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