Important information and who we are
Roll1ng Thund3rz Pte Ltd is the controller and is responsible for your personal data (collectively referred to as “we”, “us” or “our” in this policy).
Our full details are:
- Full name of legal entity: Roll1ng Thund3rz Pte Ltd
- Name or title of data privacy manager: Chief Technology Officer
- Email address: [email protected]
- Postal address: 12 Marina View, 11-01 Asia Square Tower 2, Singapore, 018961
If you have a complaint relating to the processing of your personal data, please use the contact details above to contact us.
We would appreciate the opportunity to address any concerns or complaints you may have with respect to the Gaming Hub and the Services and Communications and our data processing practices. However, you have the right to make a complaint at any time to the Supervisory Authority (that is, the regulator for data protection issues). In the UK, this is the Information Commissioner’s Office (ICO) (https://ico.org.uk/make-a-complaint/).
your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
The data we collect about you
We may collect, use, store and transfer different kinds of personal data about you as follows:
- Communications Data: Details regarding the communications made between us.
- Identity Data: username or similar identifier.
- Contact Data: billing address and email address.
- Financial Data: digital wallet address.
- Transaction Data: details about payments to and from you.
- Device Data: includes your operating system.
- Usage Data: includes details of your use of any of the Gaming Hub and the Services including, but not limited to, traffic data, in-game achievements whether this is required for our own billing purposes or otherwise and the resources that you access.
- Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Location Data: IP address to track your location.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
How is your personal data collected?
We will collect and process the following data about you:
- Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the Gaming Hub, or through Communications with us (for example, by email or chat). It includes information you provide when you register to use the Gaming Hub or subscribe to any of our Services and when you report a problem with the Gaming Hub or our Services. If you contact us, we will keep a record of that correspondence.
- Information we collect about you and your device. Each time you use the Gaming Hub we will automatically collect personal data including device, content and usage Data.
- Location Data. We also use your IP address to determine your current location. Our Services are only available in certain locations and it is therefore necessary for us to determine your current location in order to enable your access to our Services.
- Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services;
How we use your personal data
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- Where you have consented before the processing.
- Where we need to perform a contract we are about to enter or have entered with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. When we rely on our legitimate interests, you have the right to object at any time. For example, we may process your personal data to:
- Keep our records up to date.
- Provide you with our Services, including for the purpose of quality control and analysis.
- Develop and improve our Services.
- Communicate and manage our relationship with you.
- Where we need to comply with a legal or regulatory obligation.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Purposes for which we will use your personal data
Type of data
Lawful basis for processing
To register you as a new Gaming Hub user
To deliver services including managing payments and collecting money owed to us
Performance of a contract with you
Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you including notifying you of changes to the Gaming Hub or any of the Services and managing any requests or complaints received from you
Marketing and Communications
Performance of a contract with you
Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)
Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To administer and protect our business and the Gaming Hub including troubleshooting, data analysis and system testing
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To deliver content and advertisements to you
To make recommendations to you about goods or services which may interest you
To monitor trends so we can improve the Gaming Hub
Marketing and Communications
Necessary for our legitimate interests (to develop our products/Services and grow our business)
Disclosures of your personal data
We may need to disclose your personal data to others to facilitate the provision to you of the Gaming Hub. Disclosure of your personal information to a third party will only be made where they agree to keep your information confidential and will only be used for the specific purpose for which we provide it to them. Your data may be disclosed to the other persons or entities as described below.
- Third parties whom you opt-in to receive direct marketing communications from.
- Third parties who supply services to us, such as our payment service provider.
- Our professional advisors, such as our legal advisors where they require information in order to provide advice to us in relation to the Gaming Hub, our Services, or Communications.
- Any regulatory authority we may be subject to for the purpose of demonstrating compliance with applicable laws and regulations.
- Such third parties as we reasonably consider necessary in order to prevent crime, e.g., the police.
Your personal data may be stored and processed outside the UK in countries that may have different data protection rules than our own. Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards have been put in place.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
In some circumstances you can ask us to delete your data: see Your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your legal rights
We are committed to delivering the rights that data protection law provides. Please be aware that these rights are often not absolute, and exemptions may apply.
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data’s accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or Services to you. We will advise you if this is the case at the time you withdraw your consent.
How we Protect Your Information
We do our best to protect your personal data, but we cannot guarantee the security of your data transmitted; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access, loss or damage.
Links to Third Party Websites
The Gaming Hub may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
FUS1ON GAMING HUB END USER LICENCE AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY
This is a legally binding agreement (“Agreement”) between you (“User” or “you”) and Roll1ng Thund3rz Pte Ltd, a company registered in Singapore (UEN: 202237402E) whose registered address is 12 Marina View, 11-01 Asia Square Tower 2, Singapore, 018961 (“RTz”, “us” or “we” or “our”).
Subject to the terms of this Agreement, we are providing you with access to the Fus1on Gaming Hub and all the content, material or services accessible within the Gaming Hub (including games and/or music and other content licensed to you by us or by our third party licensors) and all updates and upgrades to the Gaming Hub (unless we ask for a separate agreement to be entered into for such updates and upgrades) (collectively, the “Gaming Hub”) and all associated documentation and support resources (“Documentation”).
This Agreement is not for the sale of the Gaming Hub to you but to grant you a licence which allows you to use the Gaming Hub and Documentation on the terms and conditions set out below. This means that you do not own the Gaming Hub and are only allowed to use the Gaming Hub in accordance with this Agreement. We and our third party licensors (as applicable) remain the sole and beneficial owners of the Gaming Hub and the Documentation at all times.
TO OPERATE THIS SOFTWARE REQUIRES THE TECHNICAL SPECIFICATIONS SET OUT ON OUR WEBSITE https://www.rtz.gg/support/system-spec (the “Technical Specifications”).
To use the Gaming Hub, you must be at least eighteen (18) years old or, if older, the legal age of majority in your country of residence.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY.
IF YOU CLICK ON THE ‘ACCEPT’ BUTTON ONCE YOU HAVE COMPLETED READING THESE TERMS YOU ARE AGREEING TO AND ACCEPTING THE TERMS OF THIS AGREEMENT, THIS MEANS THAT THE TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT WILL BE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE ‘REJECT’ BUTTON BELOW. THIS WILL MEAN THAT YOU ARE NOT ALLOWED TO USE THE GAMING HUB.
YOU MAY PRINT THIS AGREEMENT OR SAVE IT AS A FILE ON YOUR DEVICE.
THE GAMING HUB MAY PROVIDE YOU WITH ACCESS TO GAMES, MUSIC OR OTHER CONTENT FROM THIRD PARTY LICENSORS (“THIRD PARTY CONTENT”) WHO MAKE SUCH THIRD PARTY CONTENT AVAILABLE ON THE GAMING HUB. ADDITIONAL SPECIFIC TERMS MAY APPLY IF YOU CHOOSE TO ACCESS AND USE SUCH THIRD PARTY CONTENT. THESE ADDITIONAL SPECIFIC TERMS WILL BE COMMUNICATED TO YOU AND YOU WILL BE GIVEN THE OPPORTUNITY TO ACCEPT OR REJECT THEM BEFORE ACCESSING THE THIRD PARTY CONTENT. IF YOU CHOOSE TO REJECT THEM THIS WILL MEAN THAT YOU ARE NOT ALLOWED TO ACCESS OR USE THE THIRD PARTY CONTENT.
THIRD PARTY LICENSORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND SHALL HAVE THE RIGHT TO ENFORCE THE TERMS OF THIS AGREEMENT AGAINST YOU. A LIST OF OUR THIRD PARTY LICENSORS IS AVAILABLE https://www.rtz.gg/
UNLESS THE CONTEXT REQUIRES, A REFERENCE TO THE GAMING HUB INCLUDES THE THIRD PARTY CONTENT.
ACCESSING THE GAMING HUB
- To use the Gaming Hub, you may be required to register a Gaming Hub account (an “Account”). Certain features of the Gaming Hub may be available without creating an Account.
- Creation, and use of, an Account is subject to you:
- being an individual, natural person (legal and business entities may not establish an Account);
- providing us with such accurate and up to date information about you as we may require in order to set-up your Account including name and e-mail address. Payment information may also be required in order to play certain games or use certain features offered on the Gaming Hub;
- creating a username and password for your Account (“Login Details”); and
- maintaining the confidentiality of the Login Details.
- You are responsible for all uses of your Account, including purchases made on your Account, whether or not authorised by you. If you become aware of any breach of security or unauthorised access to your Account you should notify us immediately using one of the methods set out at Section 4 (Support and Contact) below.
- Certain features of the Gaming Hub or Third Party Content may only be available in certain locations. You acknowledge and agree that your access to and use of the Gaming Hub and related Third Party Content may be restricted if you are not in an approved location.
- We licence you to install and use the Gaming Hub provided you follow all of the rules described in this Agreement. The licence:
- is only for you personally and for non-business use;
- is granted to you for as long as you continue to access and use the Gaming Hub or until this Agreement is terminated, whichever is earlier; and
- starts from the moment you indicate your agreement to be bound by this Agreement by clicking ‘Accept’ below.
- All of the Gaming Hub and Documentation and all the intellectual property rights in or to the Gaming Hub and Documentation, wherever arising, are owned by us or our Third Party Licensors. This means that even if you paid money to access the Gaming Hub, you do not own the Gaming Hub or Documentation or any Third Party Content made available on the Gaming Hub. Any payments that you make or have made only permit you to use the Gaming Hub and Documentation in accordance with the terms set out in this Agreement.
- You may not make copies of the Gaming Hub. You may make copies of the Documentation only as necessary for back-up purposes.
- You may only use the Documentation to the extent necessary to enable use of the Gaming Hub in accordance with the terms of this Agreement.
- You are not allowed to:
- modify the Gaming Hub’s code in any way, including inserting new code, either directly or through the use of another piece of software;
- unless authorised by us, create, use, offer, promote, advertise or otherwise make available:
- any method for influencing or facilitating game play to grant an advantage to you or any other user over any other users not using such methods; or
- any code or software that allows automated control of any game play or any other feature of the Gaming Hub or which changes or facilitates game play or other functionality;
- redistribute, broadcast, publicly perform or publicly display any part or feature of the Gaming Hub (including any sound recording or musical composition);
- use the Gaming Hub for any group competition that has not been organised or authorised by us or otherwise without obtaining our consent;
- deliberately attempt to avoid, manipulate or interfere with any security features included in the Gaming Hub;
- attempt to de-compile, reverse, compile, disassemble, reverse engineer or otherwise tamper or reduce to human-perceivable form all or any part of the Gaming Hub (including any security components, usage rules or other protection measures);
- use the Gaming Hub in order to build a product or service which competes with the Gaming Hub; or
- pretend that the Gaming Hub is your own or make it available for others to download or use in whatever form (including by way of copying the code of the Gaming Hub and creating an independent version or otherwise licensing, selling, renting, leasing, transferring, assigning, distributing, displaying, disclosing or commercially exploiting it in any way),
- We licence you to install and use the Gaming Hub provided you follow all of the rules described in this Agreement. The licence:
and we may suspend or revoke your licence to the Gaming Hub, or any part or feature thereof, if you do any of the aforementioned prohibited acts.
- Third Party Content accessed and/or played on the Gaming Hub, may require you to agree to the Third Party Licensor’s End User Licence Agreement (“Third Party EULA”) which will govern your access to and use of the Third Party Content. Any such Third Party EULA which you agree to is hereby incorporated into this Agreement by reference.
- In the event of any conflict between this Agreement and any Third Party EULA:
- the Third Party EULA shall take precedence in relation to access to and use of the applicable Third Party Content; and
- this Agreement shall take precedence in relation to any other matter relating to your access to and use of the Gaming Hub.
- All rights not expressly conferred to you hereunder are specifically reserved solely to RTz and its Third Party Licensors or other licensors, as applicable.
- The Gaming Hub may provide you with an opportunity to upload and display content on the Gaming Hub (including as part of a game) (“User Content”).
- You hereby:
- grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and licence to use and exploit the User Content and all elements thereof, in any and all media, formats and forms, now or in the future; and
- irrevocably waive your entire moral rights or other equivalent rights arising anywhere in the world in the User Content.
- You represent and warrant to us that any User Content you upload and display on the Gaming Hub:
- does not infringe upon any intellectual property rights of a third party; and
- is not unlawful, defamatory, obscene, offensive, discriminatory on grounds of race, gender, colour, religious belief, sexual orientation, disability or otherwise objectionable or inappropriate.
- To the extent you provide us with any ideas, feedback or suggestions regarding the Gaming Hub and/or any of our other products or services (“Feedback”), you assign all ownership, right, title and interest in and to such Feedback to us and acknowledge that we may freely use and otherwise in any way exploit such Feedback without payment of any royalties or other consideration to you.
- We may remove any User Content from the Gaming Hub at any time at our discretion.
Support and contact
- If you need to get in touch with us, you can use any of the following methods:
- If you need to give us notice in accordance with any of the terms of this Agreement, you can only do this via the addresses set out in Section 4.1 or by pre-paid post to our registered address provided above. You cannot give us notice under this Agreement by any other method.
- If you need to get in touch with us about anything else, please feel free to contact us in the way that works best for you. However, please make sure that you provide us with your contact details otherwise we may not be able to respond to your query.
- If we need to get in touch with you, we will usually do so by the email you have provided to us or by providing you with a notification in the Gaming Hub.
Privacy and your personal information
Collection of technical information
- We may collect and use technical data, when you are accessing and using the Gaming Hub, that might include, for example, the specifications of your device and its software in order to help us provide Gaming Hub updates, product support, and other services related to the Gaming Hub. We may also use this information to improve our products or services.
- We may share this data and information with our Third Party Licensors.
- We will only use any such data that is personal information in accordance with our Privacy Notice (see Section 5 above).
- You must:
- at all times comply with all applicable laws relating to the use or receipt of the Gaming Hub;
- at all times comply with the Acceptable Use provisions set out in Section 8 (Acceptable Use) below; and
- use the Gaming Hub in accordance with the terms of this Agreement.
- Any failure to comply with this Section 7 may result in suspension or termination of your access to and use of the Gaming Hub.
- You must:
- You must not use the Gaming Hub to do any of the following things:
- break the law or encourage any unlawful activity;
- send or upload anything that is (or might reasonably be considered to be) defamatory, offensive, obscene or discriminatory;
- infringe our or anyone else’s intellectual property rights or any other third party rights:
- transmit any harmful software code such as viruses;
- try to gain unauthorised access to computers, data, systems, accounts or networks; or
- deliberately disrupt the operation of anyone’s website, app, software, server or business.
- You must not use the Gaming Hub to do any of the following things:
Updates to the Gaming Hub
- We may provide updates to the Gaming Hub from time to time for reasons that include (but are not limited to) fixing bugs or enhancing functionality.
- The updates that we provide may change or remove functionality, but if they do, we will ensure that the Gaming Hub continues to meet the description of it that was provided to you at the time you first accessed the Gaming Hub. If the required Technical Specifications (as set out at the beginning of this Agreement) change as a result of an update that we provide, we will notify you of such changes.
- Updates will either download automatically or you may need to trigger them yourself. If the latter, you will be notified by the Gaming Hub.
- We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Gaming Hub may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the Gaming Hub updated to the latest version that we make available. We may not support the Gaming Hub where you have failed to implement updates within a reasonable period of time.
- Access to some of the content on the Gaming Hub requires payment of charges. You must have an Account to access and use this content.
- You agree to pay all charges incurred by you or anyone who uses your Account (whether or not authorised by you).
- We may revise the pricing for access to and use of the Gaming Hub at any time.
- YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT REQUIRED TO REFUND ANY AMOUNTS PAID BY YOU FOR USE OF THE GAMING HUB, OR FOR ANY DIGITAL PURCHASE MADE THROUGH THE GAMING HUB, FOR ANY REASON, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.
- As part of the Gaming Hub you will have access to our online marketplace (“Marketplace”) where you may view and purchase digital assets including digital skins for use within the Gaming Hub (“Gaming Hub NFTs”) and utility tokens (“Tokens”).
- We may make Gaming Hub NFTs available for you to purchase from us on the Marketplace. The Gaming Hub NFTs shall be solely for use on games within the Gaming Hub. The Gaming Hub NFTs cannot be transferred for use outside of the Gaming Hub. The Gaming Hub NFTs have no transfer cash value. Unless required by law, Gaming Hub NFTs are not redeemable or refundable for any sum of money, monetary value or anything of value from us at any time. We hereby grant you the perpetual, royalty-free right and licence to use any Gaming Hub NFT purchased from us on the Gaming Hub. We shall retain ownership of the Gaming Hub NFTs. Any and all goodwill generated as a consequence of the use of a Gaming Hub NFT will inure to the benefit of us. You agree not to take any action which is inconsistent with the ownership interests of RTz.
- Subject to Section 11.2:
- the Marketplace is a platform for the exchange of Gaming Hub NFTs and Tokens between buyers and sellers on the Marketplace;
- we are not a broker, financial institution, or creditor;
- we are providing an administrative platform only;
- while we help to facilitate transactions that are carried out on the Marketplace, we are neither the buyer nor the seller of the Gaming Hub NFTs (other than the initial sale of such Gaming Hub NFTs pursuant to Section 11.2) and Tokens made available through the Marketplace;
- the contract formed at completion of a sale is between the buyer and the seller. We are not a party to the contract and we do not assume any responsibility or liability arising out of or in connection with such contract; and
- we have no responsibility for the Gaming Hub NFTs and Tokens traded using the Marketplace.
- You accept full responsibility for verifying the identity, legitimacy and authenticity of the digital assets you purchase on the Marketplace. We make no claims about the identity, legitimacy, or authenticity of digital assets on the Marketplace.
- In addition to setting up an Account, we may require you to provide further information and/or documents when you use the Marketplace.
- You understand and agree that your access to, and use of, the Marketplace is subject to certain risks including without limitation:
- the price and liquidity of collectible digital assets, are extremely volatile and subjective and may be subject to fluctuations;
- the Gaming Hub NFTs and Tokens have no inherent or intrinsic value;
- transactions may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable, including accidental transaction where you provide incorrect wallet addresses;
- the Gaming Hub NFTs and Tokens are subject to the potential for permanent or total loss of value should the marketplace for digital assets disappear; and
- the Gaming Hub NFTs and Tokens may be subject to risk of fraud, counterfeiting, cyberattacks and other technological difficulties which may restrict or prevent your access to, or use of, the Gaming Hub NFTs and Tokens.
- There are risks associated with exchanging digital assets, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored with your electronic wallet. You acknowledge and accept that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Marketplace, howsoever caused.
- The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Marketplace, and by extension, the use, transfer, value and potential utility of your Gaming Hub NFTs and Tokens.
- You are solely responsible for determining what, if any, taxes apply to any purchases of digital assets you make on the Marketplace. We are not responsible for determining the taxes that apply to purchases of digital assets which you make on the Marketplace.
- Payment shall be made using our third party payment provider’s payment software and shall be subject to compliance with the payment provider’s terms and conditions, policies and operating procedures. You accept that we have no responsibility for, or liability to you, in connection with your use of the payment provider’s payment software and we make no representations or warranties regarding how the services will operate with any third party digital wallet. Furthermore you agree to indemnify and hold us harmless from any liability we may suffer as a result of your failure to comply with the third party payment provider’s terms and conditions, policies and operating procedures.
Changes to this Agreement AND THE GAMING HUB
- We may need to revise this Agreement from time to time to reflect changes in the Gaming Hub’s functionality, to deal with a security threat or if there is a change in the law or guidance.
- You will be asked to agree to any material changes in advance when you next login to your Account. If you do not accept the changes, you will not be able to use the Gaming Hub.
- We may change, modify, suspend, or discontinue any aspect of the Gaming Hub as any time, including by removing features (including any Third Party Content) or revising their functionality or use. We may also impose limits on certain features (including Third Party Content) or restrict access to or use of same.
- The Gaming Hub may enable you to access services and websites that we do not own or operate (referred to below as “external services”).
- We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
- You must not use external services in any way that:
- is inconsistent with these terms or with the terms of the external service; or
- infringes our intellectual property rights, or the intellectual property rights of any third party.
- From time to time, and without notice, we may change or remove the external services that are made available through the Gaming Hub, this may also affect access to and use of the Gaming Hub.
Our responsibility to you
- If we breach this Agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By “foreseeable” we mean that, at the time you clicked to accept this Agreement, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
- We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage, for example, loss of business opportunity, business interruption, or loss of profits.
- This Gaming Hub is provided in substantially the same form to all our users. It is your responsibility to make sure you have read the conditions for its permitted uses and technical specifications as these may not match the specifications of your device(s) or your intended uses.
- If the Gaming Hub or any updates provided by us damage your device or any other software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
- Nothing in these terms excludes or limits our liability for any death or personal injury caused by our, or any of our employees’, agents’ or subcontractors’, negligence, liability for fraud or fraudulent misrepresentation, compensation you are entitled to under applicable binding laws relating to the protection of your personal information or any other liability that the law does not allow us to exclude or limit.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE GAMING HUB IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (II) USE OF THE GAMING HUB IS AT THE USER’S ENTIRE RISK.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RTZ, ITS PARENT, SUBSIDIARIES, THIRD PARTY LICENSORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES) OF ANY KIND ARISING OUT OF YOUR ACCESS TO OR USE OF (OR ANY INABILITY TO ACCESS AND/OR USE) THE GAMING HUB OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMING HUB.
- RTZ’S LIABILITY SHALL NEVER EXCEED THE GREATER OF: (I) THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINT RTZ; AND (II) ONE THOUSAND US DOLLARS ($1,000.00), UNLESS PROHIBITED BY APPLICABLE LAW IN WHICH CASE, RTZ’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Failures of networks or hardware
The Gaming Hub relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection and your device, are entirely outside of our control. Although we will do what we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Gaming Hub due to a poor internet connection, faulty components in your device (such as a faulty camera), or anything else that it would not be reasonable to expect us to control.
Ending this agreement
- Remediable breach. If you breach this Agreement in a serious way, or persistently breach this Agreement, and such breach is able to be remedied, we will provide you with written notice of your breach and require you to remedy it within 14 days. If you do not remedy the breach within the 14 days notified to you, then we can immediately end this Agreement by giving you notice in writing. “Serious” in this Section 16 means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Gaming Hub or doing anything else that we think justifies us ending the Agreement quickly.
- Non-remediable breach. If you breach this Agreement in a serious way, or persistently breach this Agreement, and such breach is not able to be remedied, we can immediately end this Agreement either without advance notice to you or by giving you notice in writing.
- RTz termination for convenience. We reserve the right to terminate this Agreement at any time for any reason or for no reason. Such termination may be without prior warning.
- User termination. You may terminate this Agreement at any time by de-activating your Account.
- The consequences of the Agreement ending are as follows:
- you will no longer be allowed to use the Gaming Hub, and we may remotely limit your access to it;
- we may delete or suspend access to your Account; and
- you are not entitled to a refund.
Except for the Third Party Licensors, no one other than us or you (or if applicable, people who have been validly assigned the rights under this Agreement) has any right to enforce any term of this Agreement.
- If any of the Sections in this Agreement are found to be unlawful, this will not affect the validity and effectiveness of the remaining terms and conditions of this Agreement. This means that if one section or sub-section is found to be unlawful, it will not apply, but the rest of the Agreement will continue to be in full force and effect.
Transferring this Agreement
- We may transfer our rights under this Agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
- You are not allowed to transfer your rights under this Agreement to anyone without our prior written consent.
- Any failure to, delay in, or partial exercise of any rights or remedies by us under or in connection with this Agreement or at law shall not be deemed to be a waiver of any such right nor operate to bar us from its exercise or enforcement at any future time or times at our discretion.
- This Agreement along with all other agreements referred to in this Agreement or communicated via the Gaming Hub constitutes and contains the entire agreement between us and you with respect to your access to and use of the Gaming Hub and supersedes any prior agreements between us and you in respect of the Gaming Hub (whether oral or written).
Governing law and jurisdiction
- The laws of England and Wales apply to this Agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
- Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of your country of residency.
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The WEB3WAR game and the FUS1ON Gaming Hub are developed using Unity3D engine, version 2022. "Unity", Unity logos, and other Unity trademarks are trademarks or registered trademarks of Unity Technologies or its affiliates in the U.S. and elsewhere. More info here https://unity.com/legal
The WEB3WAR games uses the Photon Fusion multiplayer SDK and servers, developed and maintained by Exit Games organization. "photon", "Photon Fusion", Photon and Photon Fusion logos are trademarks or registered trademarks of Exit Games Inc. (USA) and Exit Games GmbH (Germany). More info here https://dashboard.photonengine.com/account/terms