Last Revised: 22/06/22
YOU SHOULD CAREFULLY READ THESE PLATFORM TERMS OF SERVICE (THE “TERMS”) BEFORE INSTALLING OR USING ANOTHER REALM, AG (“ANOTHER REALM” “WE,” “US,” OR “OUR”) GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH HEREIN, YOU MAY NOT INSTALL THE GAME EXECUTABLE OR OTHERWISE ACCESS THE PLATFORM.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED ALTERNATIVE DISPUTE RESOLUTION. THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND ANOTHER REALM AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THESE TERMS IN THEIR ENTIRETY, INCLUDING THAT PROVISION, CAREFULLY.
Welcome to realm.art. an online platform and application that offers a buildable virtual world of endless possibilities that can be explored, where quests can be played, and where you can collect and use unique digital assets (the “Game”). These Terms apply to your (“you” or “your”) access to and use of realm.art (the “Site”), the Game, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
BY CLICKING THE “I ACCEPT” BUTTON OR SIMILAR ATTESTATION WHEN SUCH OPTION IS MADE AVAILABLE TO YOU, OR OTHERWISE VISITING THE SITE, LINKING YOUR DIGITAL WALLET OR USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY https://realm.art/privacy, WHICH IS DESCRIBED BELOW IN SECTION 2.2 AND INCORPORATED HEREIN BY THIS REFERENCE, EFFECTIVE AS OF THE DATE OF SUCH ACTION. YOU EXPRESSLY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE CAREFULLY REVIEWED THESE TERMS AND FULLY UNDERSTAND THE RISKS, COSTS AND BENEFITS RELATED TO THE USE OF THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING THE PRIVACY POLICY, OR IF YOU DO NOT HAVE SUCH AUTHORITY TO AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT ACCESS OR USE THE PLATFORM.
The Platform is offered and available only to individuals who are 18 years of age or older and who are not a Disqualified Person (as defined in Section 2.7 below). By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Another Realm.
You acknowledge that these Terms may be discretionarily modified or replaced at any time by Another Realm. The most current version of these Terms will be posted on the Site with the “Last Revised” date at the top of these Terms. We may also send you notification of updated terms to your contact on file as part of your Account or by otherwise notifying you of such changes via the Platform. Any changes or modifications are binding and shall be effective immediately upon posting the revisions to the website. Use of the Platform by you after any modification to these Terms constitutes your acceptance of these Terms as modified.
3.1. Another Realm Game. The game offered by Another Realm is a play-to-own game, where (i) players can build their own unique virtual worlds (each a “Realm”), (ii) players can interact with created Realms, and (iii) players can engage in a virtual marketplace to purchase Realm NFTs and User Generated NFTs. All Game play and the logic behind any Realm NFT and User Generated NFT provided through the Platform is subject to rules, documentation, and other terms and conditions published by Another Realm from time to time.
3.1.1. Digital Assets. Certain aspects of the Game are built to run on certain blockchains, including but not limited to the Polygon layer 2 on the Ethereum Blockchain (“Blockchain”) and allow for the games use of Digital Assets (as defined below). Digital Assets related to the Game include (a) tokenized digital assets linked to usable items within the Game such as in game assets or collectibles (such tokenized items collectively referred to as “Realm NFTs”), (b) implement the in-Game digital currency $REALM (“$REALM”), and (c) user generated non-fungible tokens such as Avatars or usable digital assets within Realms, as well as other buildable content within a Realm uniquely made by you (“User Generated Content”). Such Realm NFTs, User Generated NFTs and $REALM (collectively referred to as “Digital Assets”) are made available to own, subject to rules, documentation, and other terms and conditions published by Another Realm from time to time.
3.1.2. Realm Game Content. The Game is made up of game content based on developed concepts, themes, artwork, and other conceptualized aspects of the Game including: (i) visual and contextual components (including but not limited to locations, artwork, structural or landscape designs, animations, and audio-visual effects); (ii) avatars; and (iii) digital items (including but not limited to virtual goods, buildable environments and structures, and wearable and usable items ((i)-(iii) collectively referred to as “Game Content”).
3.1.3. Smart Contracts and Game Logic. The Digital Assets are subject to smart contracts that will automatically effectuate specific actions when predetermined conditions are met (“Smart Contracts”). Smart Contracts used will be dependent upon the specific transaction, and the functionality of the Smart Contracts may be provided in documentation, and other terms and conditions published by Another Realm from time to time.
3.1.4. User Generated Content and Posted Content. All User Generated Content is subject to our content creator terms. The Platform may also provide you an opportunity to engage in community forums and chat with other users (any such content posted or otherwise communicated shall be referred to herein as “Posted Content”). You represent and warrant that neither User Generated Content nor Posted Content will contain any material that infringes the copyright, trademark, publicity rights, or other intellectual property rights, of a third party, and you have the necessary permission or are otherwise legally entitled to post the material and to grant Another Realm the license described in Section 7 below, and that the content does not violate any laws. You further represent and warrant that you will not use or contribute User Generated Content and/or Posted Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Another Realm may remove any User Generated Content and/or Posted Content and any related content or elements from the Platform at its sole discretion.
3.1.5. Suspension or Termination of Access to the Platform. Another Realm may, directly or indirectly, suspend, terminate, or otherwise deny your access to or use of all or any part of the Platform, without incurring any resulting obligation or liability, if: (a) Another Realm receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Another Realm to do so; or (b) Another Realm believes, in its discretion, that: (i) you have failed to comply these Terms in any manner, or accessed or used the Platform beyond the scope of the rights granted or for a purpose not authorized under these Terms; or (ii) you have been, or are likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Platform or any Digital Assets. This Section 2.7 does not limit any of Another Realm’s other rights or remedies, whether at law, in equity, or under these Terms.
4.1. Registration. To use certain aspects of the Platform you may need to register an account (“Account”). Accounts are subject to the following conditions:
· You may only create an account if you are a natural person and not a Disqualified Person.
· When you create or update an Account, you must provide us with accurate and up-to-date information related to you as may be required. Any information provided will be processed in accordance with our privacy policy found at [insert hyperlink] (“Privacy Policy”). You agree to keep your Account information up-to-date at all times, including related contact information.
· You must create a username and password (collectively, “Login Information”). Your Login Information is personal to you and you agree you will not share your Account or Login Information with any third party. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, or other activity performed through your Account, whether or not authorized by you. You will need to link a working digital wallet to your Account (“Digital Wallet”).
All use of an Account shall inure to Another Realm’s benefit. Another Realm does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
4.2. Digital Wallet. You have the sole responsibility to (i) establish and maintain, in fully operational, secure and valid status, access to your Digital Wallet; and (ii) maintain, in your fully secure possession, the credentials for accessing your Digital Wallet and the private key for your Digital Wallet. In the event of any loss, hack or theft of any Digital Asset from your Digital Wallet, including any fungible or non-fungible token or other digital assets not from the Platform, you acknowledge and agree that you shall have no right(s), claim(s) or causes of action in any way whatsoever against Another Realm for such loss, hack or theft of any such Digital Asset.
6.1. Prohibited Activities. You agree not to use the Platform to:
i. Violate any law, regulation, or governmental policy in the United States or internationally;
ii. Cheat in any manner to gain a competitive edge or otherwise influencing or facilitating gameplay beyond that intended by Another Realm, including utilizing any methods not expressly authorized by Another Realm (whether accomplished using hardware, software, hacking software, using bots or other code to automate actions, or any combination thereof).
iii. Infringe upon or violate intellectual property rights or any other rights of anyone else (including Another Realm);
iv. Behave in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable manner;
v. Jeopardize the security of your Account or anyone else’s (such as allowing someone else to log into the Platform as you);
vi. Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
vii. Violate the security of any computer network, or crack any password or security encryption code;
viii. Impersonate or attempt to impersonate another individual, entity, Another Realm employee, agent, or another Platform user;
ix. Infringe, in any way, on the rights of others or engage in behavior or activity that is threatening, harmful, discriminatory, or fraudulent;
x. Copy or store any Platform source code or a significant portion of our content;
xi. Decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of or relating to the Platform we provide;
xii. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Game or related Game Content is stored, or any server, computer, or database connected to the Platform;
xiii. Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Platform;
xiv. Attack our Platform via a denial-of-service attack or distributed denial-of-service attack;
xv. Use any device, software, bot, or routine that interferes with the proper working of the Platform;
xvi. Use any manual or automated process to monitor or copy any of the material on the Platform or for any other unauthorized purpose, including, without limitation, using any automated or non-automated systems to scrape, copy, or distribute content without our prior written consent;
xvii. Damage, overburden, disable, or impair the Platform;
xviii. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
xix. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend Another Realm or its users, or otherwise expose them to any liability; or
xx. Otherwise attempt to interfere with the proper working of the Platform.
6.2. Disqualified Persons. You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Platform. If you access or use the Platform outside the United States, you are solely responsible for ensuring that your access and use of the Platform in such country, territory or jurisdiction does not violate any applicable laws.
You are not authorized to use the Platform if there are applicable legal restrictions in your country of residence that would make the use of the Platform illegal. It is your sole responsibility to ensure that your use of the Platform is not prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected in any way by any applicable law in your country of residence or domicile. In addition, you are not authorized to use the Platform if you are:
· a citizen, domiciled in, resident of, or physically present / located in Iran, North Korea, Cuba, Syria, China, Afghanistan, Russia, Central African Republic (the), Congo (the Democratic Republic of the), Libya, Mali, Somalia, Sudan, and Yemen (each an “Excluded Jurisdiction”).
· a corporate body: (i) which is incorporated in, or operates out of, an Excluded Jurisdiction, or (ii) which is under the control of one or more individuals who is/are citizens of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;
· an individual or body corporate: (i) included in the consolidated list published by the United Nations Security Council of individuals or entities subject to measures imposed by the United Nations Security Council accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list; or (ii) included in the United Nations Lists (UN Lists) or within the ambit of regulations relating to or implementing United Nations Security Council Resolutions listed by MAS and accessible by https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial-sanctions/lists-of-designated-individuals-and-entities and https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial-sanctions/regulations-for-targeted-financial-sanctions; or
· an individual or corporate body who is otherwise prohibited or ineligible in any way, whether in full or in part, under any law applicable to such individual or corporate body from participating in any part of the Platform.
If you are not authorized to use the Platform under this Section 2D, you are deemed a “Disqualified Person” under these Terms.
You hereby acknowledge and assume the risk of using and making purchases through the Platform and utilizing blockchain technology and you take full responsibility and liability for the outcome of actions initiated. You acknowledge the following risks related to blockchain technology, including with respect to any Digital Assets.
i. The value of fungible and non-fungible tokens such as the Digital Assets are subjective. The potential value of the Digital Assets are subjective in nature and subject to volatility and fluctuations in the price of cryptocurrency and adoption of the respective Blockchain and underlying technology.
ii. Regulatory uncertainty. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrencies, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and the utility of the Digital Assets.
iii. Blockchain technology risk. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your Digital Wallet or Account.
iv. Digital asset risks. There are risks associated with purchasing Digital Assets that are associated with Game Content, including but not limited to, the risk that the original Game Content is vulnerable to metadata decay, bugs in smart contracts, and issues that may interfere with viewing the associated image related to such Digital Asset. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any Digital Asset on the Platform, including any Another Realm NFT.
v. Third-Party Services. We do not control third-party services like the Blockchain or other public blockchains, Digital Wallets, or other third party products that you may be interacting with and we do not control third-party smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANOTHER REALM OR ITS AFFILIATES OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF CAPITAL (IN EACH CASE, WHETHER DIRECT OR INDIRECT) OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS. THIS LIMITATION APPLIES TO ANY DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE LIABILITY OF ANOTHER REALM EXCEED $1, OR IF GREATER, SUCH AMOUNT AS IS THE MINIMUM AMOUNT FOR WHICH ANOTHER REALM WOULD BE LIABLE UNDER APPLICABLE LAW. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT BY YOU WITHIN TWELVE (12) MONTHS AFTER THE EVENT GIVING RISE TO THE CAUSE OF ACTION.
You agree to indemnify and hold harmless Another Realm and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, licensors, and agents from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to (i) any actual or alleged breach of these Terms by you or anyone using your Account, (ii) your use of the Platform, or (iii) User Generated Content. If we assume the defense of such a matter, you shall reasonably cooperate with us in such defense.
Another Realm respects the intellectual property rights of others. Our policy is to respond promptly to any claim that content posted on the Site infringes the copyright or other intellectual property rights of another. Another Realm shall use reasonable efforts to investigate notices of alleged infringement and take appropriate action under the Digital Millennium Copyright Act (the “DMCA”) and these Terms, including, but not limited to removing or disabling access to allegedly infringing content.
If you believe that your content has been copied in a way that constitutes copyright infringement or your likeness has been used in a way that violates your personality rights, please submit a report to our designated agent at [email protected].
Formal infringement claims regarding content on the Site must include:
13.1. Alternative Dispute Resolution.
In consideration for our provision of the Platform to you, you and Another Realm each agree that any and all disputes or claims arising under, out of, in connection with, or related to your use of the Platform, these Terms in any fashion, or the subject matter, negotiation, performance, termination, interpretation, or formation of the agreement resulting from your acceptance of these Terms, (a “Dispute”) must be resolved exclusively in binding arbitration. However, a party may assert a claim in small claims court, if the asserted claim qualifies and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. These Terms, including the right to arbitrate, is intended to be broadly interpreted and the Federal Arbitration Act governs the enforcement of this Arbitration Agreement.
For any Dispute with Another Realm, you agree first to contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we do not resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules. The parties agree that the Governing Law and Submission to Jurisdiction in Section 13 below shall apply to this Arbitration Agreement. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights.
13.2. NO CLASS ACTION; NO JURY TRIAL.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Our Privacy Policy describes the ways we collect, use, store, and share your personal information collected through the use of the Platform, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy. Notwithstanding anything to the contrary, the Blockchain is a decentralize ledger, which means that information published on the Blockchain is made available to respective nodes accessing the Blockchain which are unaffiliated with Another Realm. You understand that certain information published on the Blockchain may be considered personal information, including your linked Digital Wallet address, and may be made publicly visible whenever you engage in any transaction on the Platform that is recorded on the Blockchain.
Another Realm may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes through posting of such notice on the Platform or sending the notice to the current email address registered with your Account. You agree that all agreements, notices, disclosures, and other communication via the Platform or email that we provide to you satisfies any legal requirement that such communications be in writing. We reserve the right to determine the form and means of providing notification to our users.
These Terms are governed by and construed in accordance with the internal laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the United Kingdom. Any legal suit, action, or proceeding arising out of these Terms or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the United Kingdom in each case located in the city of London and County of London, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
17.1. Severability. Every provision of these Terms will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from these Terms, and all other provisions will remain in full force and effect.
17.2. Entire Agreement. These terms, together with all referenced policies including our Privacy Policy and any amendments and any additional agreements you may enter with us in connection with the Platform, constitute the entire agreement between you and us concerning the Platform.
17.3. Waiver. Our failure at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. Our waiver of any default will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
17.4. Headings; Summaries. The section headings and any plain English summaries appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
17.5. No Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17.6. No Third-Party Beneficiaries. Other than as expressly provided in these Terms, no third-party beneficiaries are intended or will be construed as created by these Terms.
17.7. Survival. All Sections which by their nature should survive the termination of these Terms shall continue in full force and effect, notwithstanding any termination of these Terms.
17.8. Notices; Electronic Communications. Another Realm may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes through posting of such notice on the Platform. You agree that all agreements, notices, disclosures, and other communication we provide to you via the Platform to satisfy any legal requirement that such communications be in writing. We reserve the right to determine the form and means of providing notification to our users.
17.9. Contact. Please contact us at [email protected] with any questions regarding these Terms.