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Fantastec SWAP T&Cs

TERMS AND CONDITIONS
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 and the Fantastec SWAP website application located at https://webapp.fantastec-swaps.io/ (as applicable) (the “SWAP Platform”).  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 Platform.

 

If you have any questions about the SWAP Platform 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 mobile application may also be controlled by Apple 

or Google’s terms and policies when you download the SWAP mobile application 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 Platform works

 

The SWAP Platform enables you to purchase, store, collect, showcase, trade and swap SWAP Digital Collectibles (as defined below) relating to sports teams, clubs, players and athletes (together, “Digital Collectibles”, each an “NFT”) containing exclusive content from global football (soccer) leagues, US college university sports teams and other sports that feature competitions, friendly matches and club or team related activities and current and former players.

 

A ‘Digital Collectible’ is a non-fungible token (or ‘crypto asset’) implemented on a blockchain (“NFT”). The SWAP Platform utilises the ‘FLOW’ blockchain to record all interactions and transactions (e.g. trades, swaps,  purchases, etc) relating to Digital Collectibles. Blockchain technology provides a way of recording information (including transactions) onto multiple Nodes (computers) at the same time via the internet.  For the purposes of the SWAP Platform, it allows you and other users to interact and transact safely, in a trusted environment. 


 

In order to ensure the uniqueness of each Digital Collectible, we designate each Digital Collectible with a ‘mint’ rating which is recorded on the FLOW blockchain. Due to the inherent nature of blockchain technology this rating cannot be edited or changed. 

 

You may collect and/or obtain Digital Collectibles in a variety of ways. These include: (a) purchasing Digital Collectibles via ‘in-app’ purchases, as part of a Pack (as defined below); (b) receiving Digital Collectibles as part of a ‘trade’ with another user, via the SWAP Platform Marketplace (as defined below); (c) receiving Digital Collectibles as part of a ‘swap’ with another user; and (d) by participating in certain activities, such as our marketing campaigns and ‘in-app’ tasks or challenges that we make available to you from time to time.

 

If you decide to trade or swap a Digital Collectible with another SWAP Platform user, you acknowledge that you cannot cancel or reverse the trade or swap once it has been completed (i.e. once the relevant transaction has been recorded on the blockchain).

 

  1. Purchasing Digital Collectibles

 

You can buy and download Digital Collectibles as part of a “Pack”. Packs are made available within the SWAP Platform and can be purchased ‘in-app’.  Although you do not have to buy Packs in order to use the SWAP Platform (and although we may enable you to access and download certain Packs or Digital Collectibles on a promotional basis), your enjoyment of the features and functionality of the SWAP Platform will be limited if you choose not to do so.

 

If you buy any Pack on the SWAP Platform, 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.  

 

Before purchasing a Pack we will let you know the types of Digital Collectibles you may receive when you purchase such a Pack, but not the exact Digital Collectibles you will in fact receive.

 

You can currently only use Packs (and the individual Digital Collectibles in those Packs) within the SWAP Platform.  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 Digital Collectibles or Pack  which you have downloaded (for example, if a download does not work for any reason), please contact us at SWAP Support swap.support@fantastec.io.  We will then investigate this issue and act reasonably in deciding whether to provide you with a replacement Digital Collectible or Pack or to resolve the issue in another way.  We will not charge you to replace or repair the Digital Collectible or Pack.  If for any reason we are unable to replace or repair the relevant 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 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 Platform, 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 Platform 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.

 

  1. Trading Digital Collectibles

 

You can buy and sell (i.e. trade) Digital Collectibles from/to other SWAP Platform users using the SWAP Platform’s ‘secondary market’ (“SWAP Platform Marketplace”). When you buy or sell an Digital Collectible you acknowledge and agree that you are entering into a legally binding contract with the purchaser or seller to purchase or sell (each as applicable) the relevant Digital Collectible being purchased or sold by you (as applicable).

 

If you decide to trade an Digital Collectible with another SWAP Platform user, you acknowledge that you cannot cancel or reverse the trade once it has been completed (i.e. once the trade transaction has been recorded on the blockchain).

 

Your Digital Collectibles contain exclusive player video and signatures to cherish and enjoy for years to come, verified on the blockchain. Your Digital Collectible(s) will become something to look back on and value as a memento of your fandom. Digital Collectibles do not have and are not designed ever to have any intrinsic or objectively measurable value: they cannot be exchanged for goods and services; they do not carry any contractual rights or benefits; they do not entitle their holder to any other benefits; and their price and worth to you (and any other person): is (a) the value of your (and their) fandom; and (b) the difference between the value you place on them and the value placed on them by another person (if any). All Digital Collectible(s) in a series are identical (in other words, Digital Collectible #x/y is identical to Digital Collectible #2x/y and every other Digital Collectible in the series of y). We understand that some fans may find certain numbers in any series more attractive for personal reasons and in that case #8 (or #112 or any other number) may be more valuable to you than it is to any other person (or vice versa).   If an Digital Collectible or a series of collectibles has been swapped or traded previously, we may choose in our absolute discretion to display some or all of the terms of that swap or transaction (although we cannot and do not warrant or represent the accuracy, completeness or availability of any displayed data). This display is solely for your information and does not represent, warrant or create a price, demand or market for the series and should not be interpreted as such. 

 

To the fullest extent permitted by law, we are not liable to you or anyone else regarding the price, market or demand for Digital Collectibles.

 

For the avoidance of doubt, we do not intend and shall not accept that any Digital Collectible or any of the services provided on the SWAP Platform are “cryptoassets” for the purposes of applicable law, including but not limited to The Money Laundering and Terrorist Financing (Amendment) Regulations 2019, and we do not provide and we expressly disclaim any implication that we are a “cryptoasset exchange provider” or “custodian wallet provider” (as such are defined in the Regulation). 

 

Important notice: Please do not acquire, own, swap and/or transact in the Digital Collectible(s) (on or via the SWAP Platform or elsewhere) with the intention or expectation that: the Digital Collectibles are an investment (income or capital producing); or that they carry with them any contractual or other rights save as those set out expressly in these Licence Terms.



 

Selling Digital Collectibles on the SWAP Platform Marketplace

 

  • You may offer for sale on the SWAP Platform Marketplace any Digital Collectibles that you Own (as defined below). To do this, you must select the Digital Collectible that you wish to sell, enter its list price (in FUSD – a crypto stablecoin) (“List Price”) and select ‘List For Sale’.

 

  • Once you decide to list an Digital Collectible for sale on the SWAP Platform Marketplace (“Purchasable Digital Collectible”) we will display the Purchasable Digital Collectible on your behalf to other users of the SWAP Platform so that they may decide to purchase the Purchasable Digital Collectible from you for the designated List Price. 

 

  • In the event of a sale, we will request the facilitation of the transfer of the Purchasable Digital Collectible from your Wallet to the purchaser’s Digital Collectible Wallet. We will also request the facilitation of the transfer of FUSD tokens from the purchaser’s FUSD-enabled wallet, to your FUSD-enabled wallet. Please note, the FUSD tokens you receive will be the List Price less a 5% marketplace fee which we will automatically deduct before transferring any FUSD tokens to you.

 

Buying Digital Collectibles on the SWAP Platform Marketplace

 

  • You may purchase any and all Purchasable Digital Collectibles we list for sale on the SWAP Platform.

 

  • In order to purchase a Purchasable Digital Collectible you must ensure you have sufficient FUSD tokens available in your FUSD-enabled wallet.

 

  • You may add funds to your FUSD-enabled wallet by either: (a) purchasing FUSD tokens via Ramp – a payment widget that we have embedded directly into the SWAP Platform that enables you to purchase FUSD tokens using a variety of payment options (including credit cards); or (b) transferring FUSD tokens from another FUSD-enabled wallet.

 

Please note: (i) your use of Ramp is subject to Ramp Swap Limited’s terms and conditions and privacy policy – we strongly recommend you familiarise yourself these documents prior to using the Ramp payment widget; and (ii) you will not be able to withdraw FUSD tokens from your FUSD-enabled wallet to your bank account (or to any fiat currency) directly through the SWAP Platform. You may however transfer FUSD from your  FUSD-enabled wallet to another FUSD-enabled wallet that allows/can facilitate the transfer of FUSD tokens from your FUSD-enabled wallet to your bank account (or to any fiat currency).

 

In addition, you are fully responsible for managing any purchases of (including the amount you spend on) FUSD tokens via the Ramp payment widget. If you have any issues or queries relating to your use of the Ramp payment widget, including issues relating to adding funds to your FUSD-enabled wallet, you should contact Ramp directly in the first instance.

 

  • In the event of a purchase, we will request the facilitation of the transfer (on the FLOW blockchain) of the Purchasable Digital Collectible from the seller’s NFT wallet to your NFT wallet. We will also request the facilitation of the transfer of FUSD tokens (on the FLOW blockchain), less our marketplace fee, from your FUSD-enabled wallet, to the seller’s FUSD-enabled wallet.


 

  1. Swapping Digital Collectibles

 

You can, at your sole discretion, SWAP Digital Collectibles with other users within the SWAP Platform. 

 

If you decide to swap a Digital Collectible with another SWAP Platform user, you acknowledge that you cannot cancel or reverse the swap once it has been completed (i.e. once the swap transaction has been recorded on the blockchain).

 

  

5. Intellectual Property; Licence; Ownership

 

These License Terms grant you the right to use the SWAP Platform, 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 Platform, to ensure it is not unlawfully misused or copied.  

 

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

 

SWAP Platform

 

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

 

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

 

Ownership of Digital Collectibles 

 

References in these Licence Terms to “Own” means (with respect to an Digital Collectible) a Digital Collectible that you have rightfully acquired through a transaction within the SWAP Platform or SWAP Platform Marketplace (e.g. through the purchasing of Packs and/or through trading SWAP Digital Collectibles and/or swapping Digital Collectibles) (“Transaction”), and where proof of such Transaction is recorded on the FLOW blockchain. 

 

You have the right to swap, sell or give away all Digital Collectibles that you currently Own.

 

When you Own an Digital Collectible this excludes the ownership of any and all intellectual property rights in and / or relating to the Digital Collectible including any intellectual property rights in the text, art, design, images, footage and drawings (in any form or media, including (without limitation) video, photographs or geographical illustrations) that may be in and / or associated with an Digital Collectible (“Fantastec IP”)


 

Fantastec Materials

 

All intellectual property rights in the SWAP Platform and Fantastec IP (together the “Fantastec Materials”), 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 Fantastec Materials does not create any intellectual property rights of your own in, or to, the Fantastec Materials.  All rights in any outputs from your use of the Fantastec Materials, including the results of any surveys or feedback, will be owned by us.

 

Our reference to “intellectual property rights” in this section means: patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

Licence to Fantastec IP

 

Subject to your continued compliance with these Licence Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free licence to use, copy, and display the Fantastec IP for the SWAP Digital Collectibles that you currently Own, solely for your own personal, non-commercial use while you Own that SWAP Digital Collectible.  When you no longer Own an SWAP Digital Collectible, such licence in respect of that NFT Collectible shall be extinguished.

 

7.  Guest User account creation and access

When you download and open the SWAP Platform, 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) Digital Collectibles gifted to new guest users or fully signed up accounts. The number of free promotional 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 Platform 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 Collectibles 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

As a ‘guest_user’ you will have access to the majority of the SWAP Platform’s 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 Digital Collectible(s) loss through Guest Account closure

As an active ‘guest_user’, you will be able to acquire more Digital Collectibles and build your collections. However your collection is at risk while you remain a guest_user as the Digital Collectibles are not associated with a protected account. Should you delete the SWAP mobile application 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 Digital Collectible(s) 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 Collectibles and collections, and prevent loss in the event you deliberately or accidentally delete the SWAP mobile application you will need to have Signed up for and created a permanent account within the SWAP Platform beforehand.

When you register for a permanent SWAP Platform account, you agree to provide accurate, up to date and complete information to associate you with your SWAP Platform 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. 

You may also have the option to create a permanent SWAP Platform 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.

 

10. Devices, accessibility and security

 

The SWAP Platform can be operated from a wide range of mobile and handheld devices, subject to having suitably memory capacity. The SWAP Platform is developed as a mobile app for use on a number of iOS and Android mobile operating systems and also a web application system for web browsing.  We do not guarantee, however, that the SWAP Platform can be accessed and used on all devices or wireless service plans, nor do we guarantee that the SWAP Platform is available in all geographic locations.  The functionalities and features of the SWAP Platform 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 Platform, 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 Platform. 

 

While we take reasonable measures in accordance with good industry practice to ensure the SWAP Platform 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.

 

11.  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 Platform on your device, including data charges.  These charges, and any other similar costs to use the SWAP Platform, are your (or the device owner) responsibility.  You will not be paid in any way for using the SWAP Platform.  

  

12.  Your responsibilities

 

You confirm you own, or have obtained permission from the owner of, any device that you are using to access the SWAP Platform.  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 Platform through your account (including use by others) and for complying with these Licence Terms, whether or not you own the device that the SWAP Platform 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 Platform on your device, it is your responsibility to supervise them appropriately, for example to prevent them from altering the SWAP Platform 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).

 

You must comply with any and all information requests that we make and you must follow all processes that we implement that are necessary for us to comply with our obligations under applicable law.  We reserve the right to suspend or close your account (at our sole discretion) in the event that you breach this term.

 

13.  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. It is important that you read that information.

 

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

 

You also agree to treat the information of other SWAP Platform 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 Platform users’ information via your account or your device.

 

14.  Updates to the SWAP Platform 

 

As the SWAP Platform 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 Platform 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 Platform.

 

These updates or modifications may result in loss of content, data or progress within the SWAP Platform. 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.  

 

15.  We are not responsible for other sites or services

 

The SWAP Platform 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.

 

16. SWAP Platform Licence restrictions

 

You agree that you will:

 

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the SWAP Platform in any form, in whole or in part to any person without prior written consent from us;

 

  • not copy the SWAP Platform, except as part of the normal use of the SWAP Platform or where it is necessary for the purpose of back-up or operational security;

 

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the SWAP Platform, nor permit the SWAP Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the SWAP Platform on devices as permitted in these Licence Terms;

 

  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the SWAP Platform nor attempt to do any such things, except to the extent that such actions cannot be prohibited under applicable law; and

 

  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the SWAP Platform.

 

17.  Acceptable use restrictions

 

You must:

 

  • not use the SWAP Platform 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 Platform or any operating system;

 

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

 

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

 

  • not use the SWAP Platform 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 Platform or our systems or attempt to decipher any transmissions to or from the servers running the SWAP Platform.


 

18.  Confidentiality

 

You acknowledge and agree that the content contained in, and your use of, the SWAP Platform 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 Platform, 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 Platform, 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 Platform for any commercial, industrial or other purpose or benefit.   

 

19.  Our responsibility for loss or damage suffered by you

 

Our liability to you for breaching these Licence Terms. 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 Platform 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 other losses. The SWAP Platform is for domestic and private use. If you use the SWAP Platform for any commercial, business, resale purpose or otherwise for financial gain we will have no liability to you for any loss of profit, loss of business, business interruption, loss of expected profits, loss of opportunity or costs (including opportunity costs) incurred by you or any third party.

 

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

 

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 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.

 

20.  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 Platform and deactivating your account.  If you decide to end your agreement with us, you should delete the SWAP Platform from your device.

 

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

 

21.  We may suspend or end your right to use the SWAP Platform 

We may suspend or end your right to use the SWAP Platform (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 Platform immediately if we suspend or end your right to use it.  In addition, if we end your right to use the SWAP Platform, 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.

 

22.   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.

 

23.  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 Platform.  If you do not accept the notified changes you will not be permitted to continue to use the SWAP Platform.

 


 

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.

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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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