Emojibles - Collect / Trade / Play

Terms & Conditions

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and Reality Gaming Group Limited (“we", “us", or “our") concerning your access to and use of the www.emojibles.store website and the Emoji Clash Game as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site" and the “Application"). Emojibles is a distributed application that is currently running on the Ethereum Network, using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own, and transfer, unique digital emojis. These assets can then be visualized on the site that the user can interact with. The Smart Contracts and the Site are collectively referred to in these Terms as the “Application”. Using the Application, users can view their assets and use the Smart Contracts to acquire, and trade, unique digital emojis with other Application users.

WE ARE ONLY WILLING TO MAKE THE APPLICATION, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APPLICATION, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE APPLICATION AND THE SMART CONTRACTS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site, the Application, and the Smart Contracts from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site, the Application, and the Smart Contracts after the date such revised Terms of Use are posted.

The information on the Site, the Application and the Smart Contracts are not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and/or the Application from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent local laws are applicable.

1. Emojibles

a. We have utilized Smart Contracts to develop our initial generation of Emojibles. We will release a limited number of Emojibles (and make them available for purchase) on the day we first launch the App. Packs can be purchased through the Application, with our Smart Contacts.

b. The Smart Contracts have total control over the pseudo-random elements of the token creation process, which means that we cannot manipulate or influence them.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and the Application and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the Apps (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of England and Wales, foreign jurisdiction and international conventions. Except as expressly provided in these Terms of Use, no part of the Site, the Application as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, the Application and the Smart Contracts, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Application, the Content, and the Marks.

3. User Registration

You may be required to register with the Site and the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. Prohibited Activities

You may not access or use the Site, the Application, and the Smart Contracts for any purpose other than that for which we make the Site, the Application, and the Smart Contracts available. The Site, the Application, and the Smart Contracts may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with Reality Gaming Group Limited.

  • Systematically retrieve data or other content from the Site, the Application, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, the Application and the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use a buying agent or purchasing agent to make purchases on the Site, the Application, and the Smart Contracts.
  • Use the Site, the Application and the Smart Contracts to advertise or offer to sell goods and services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, the Application and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the Application and the Smart Contracts and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Site, the Application, and the Smart Contracts.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site, the Application, and the Smart Contracts or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Site, the Application, and the Smart Contracts in order to harass, abuse, or harm another person.
  • Use the Site, the Application, and the Smart Contracts as part of any effort to compete with us or otherwise use the Site, the Application, and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, the Application, and the Smart Contracts.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the Application, and the Smart Contracts.
  • Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site, the Application, and the Smart Contracts to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, the Application and the Smart Contracts.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the Application and the Smart Contracts, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the Application, and the Smart Contracts.
  • Use the Site, the Application, and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.

5. Payment Processors

The payment processor is primarily responsible for facilitating payment for your purchase. When you use any third-party payment processor (“payment processor”) to make a purchase on this website, responsibility over your purchase will first be transferred to the payment processor before it is delivered to you. The payment processor assumes primary responsibility.

Reality Gaming Group Ltd accepts no liability and specifically disclaims any implied warranty to complete any transaction which cannot be cleared by its payment processors, whether because there are not sufficient funds available on your credit card, issues related to identity or localization or otherwise. We reserve the right to verify and approve any and all transactions made by you when using the service to ensure that they comply with this Agreement and the terms imposed to Reality Gaming Group Ltd by third party service providers.

You expressly acknowledge and agree that such verifications may require you to provide Reality Gaming Group Ltd with additional personal information in order to verify and confirm your identity and to perform verifications aimed to deter fraud and misuse. Any malicious or illegal use will result in account termination with no recovery of funds or items in the terminated account.

a. Third Party Payment Providers

  • Truspay - https://www.trustpay.eu/
  • Coinify - https://coinify.com/
  • PayPal – https://www.paypal.com/

b. KYC

As a provider of virtual currency payment processing and exchange Services, Reality Gaming Group is fully committed to conducting due diligence on our clients and ensuring that all applicable laws and regulations necessary to forestall and prevent money laundering. These include confirming the identity of our sellers and buyers by means of:

  • Government-issued photo ID;
  • Proof of residential or business address;
  • Corporate documentation;
  • Business registration information;
  • Tax Identification Document;
  • Corporate documentation;
  • Employer Identification Number;
  • Any other applicable documentation.

Furthermore, we reserve the right to conduct enhanced due diligence on all clients given worldwide approved risk-based policies. Please note that Reality Gaming Group reserves the right to refuse a transaction or deny operation on a client or account at any time should suspicion arise that it may be connected to money laundering, criminal activity or any other predicate offense to money laundering. Reality Gaming Group will not enter into any business arrangement with anyone or group suspected of or directly involved in money laundering, or where funds have been sources or ends of an illegal activity.

In the event that Reality Gaming Group receives, during its request for documentation, deceptive documentation, contact details, business description or other false information, Reality Gaming Group will terminate the offending account. Reality Gaming Group is legally bound to report such misdemeanors to the relevant authorities, and as such the subject, business and its owners may be the subject to a criminal investigation.

Providing false, doctored, or deceptive documents is considered as fraud and will be treated as such. Tax Evasion and Fraud is a predicate offense to money laundering, and therefore, all assets derived from fraudulent transactions or suspicious activity may be seized and forfeited.

c. As part of the Terms and Conditions of the Third Party Payment Providers we may be required to send them personal information to perform a compliance check. This compliance check may include, but is not limited to, information on the background and purpose of the specific transaction, KYC documentation on the client making the payment/sending the payment such as a copy of the client’s official ID and, if deemed necessary, source of funds documentation for the payment received (including bank statements /salary slip / saving details / source of BTC).

d. If you elect to purchase, trade, or interact with packs or Emojibles on the Application, or with or from other users via the Application, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Application, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network or Wallet.

e. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Application (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or acquisition of your Emojibles). Except for income taxes levied on Immutable, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.

f. Cancellation and refunds - Users are able to cancel orders before they have made payment. This option is clearly displayed in the checkout and on payment invoices. Once payment for an item is made, orders cannot be cancelled due to the tokenisation process involved. There is no right of withdrawal of goods purchased in our web shop as the goods are such that, under English law, return rights cannot or should not be granted. If a user has selected the wrong item or has some other reason for requesting a refund, they may do so by sending an email to emojibles@realitygaminggroup.com with the order id and reason for requesting a refund. All sales are considered final and any refund or compensation offered is made at the discretion of Reality Gaming Group Ltd.

6. Submission

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site, the Application and the Smart Contracts (“Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

7. Third-Party Website and Content

The Site and/or the Application (or you may be sent via the Site and/or the App) links to other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the Application, or any Third-Party Content posted on, available through, or installed from the Site and/or the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the Application or relating to any applications you use or install from the Site and/or the Application. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. Termination

These Terms of Use remain in full force and effect while you use the Site, the APPLICATION and the Smart Contracts. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, THE APPLICATION AND THE SMART CONTRACT (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, THE APPLICATION AND THE SMART CONTRACT OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. Governing Law

This Terms of Use and your use of the Site, the Application, and the Smart Contracts are governed by and constructed in accordance with the laws of England and Wales applicable to agreements made and to be entirely performed in the England and Wales, without regard to its conflicts of law principles.

10. Disputes

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with Reality Gaming Group and limits the manner in which you can seek relief from us.

You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with Reality Gaming Group will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Reality Gaming Group may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in the United Kingdom and conducted in English, rather than in court.

The arbitrator shall have exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to any claim that all or part of this Arbitration Agreement is void or voidable; (3) decide the rights and liabilities, if any, of you and Reality Gaming Group; (4) grant motions dispositive of all or part of any claim; (5) award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and us.

You understand that by agreeing to this Arbitration Agreement, you and Reality Gaming Group are each waiving their right to trial by jury and to participate in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.

This Arbitration Agreement shall survive the termination of your relationship with Reality Gaming Group.

11. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APPLICATION AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APPLICATION AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APPLICATION AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APPLICATION AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE APPLICATION AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APPLICATION AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APPLICATION AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APPLICATION AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APPLICATION AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APPLICATION, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.

REALITY GAMING GROUP IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.URES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

12. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE APPLICATION AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.

YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE APPLICATION AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE APPLICATION AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

13. Assumption of Risk

You accept and acknowledge each of the following:

a. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Emojibles, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Emojibles will not lose money.

b. You are solely responsible for determining what, if any, taxes apply to your Emojibles -related transactions. Reality Gaming Group is not responsible for determining any taxes that apply to your transactions on the Application, the Site, or the Smart Contracts.

c. The Application does not store, send, or receive Emojibles. This is because Emojibles exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the Ethereum network. Any transfer of Emojibles occurs within the supporting blockchain in the Ethereum network, and not on the Application.

d. There are risks associated with using an Internet-based currency, 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 unauthorized access to information stored within your wallet. You accept and acknowledge that Reality Gaming Group will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.

e. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Emojibles ecosystem, and therefore the potential utility or value of Emojibles.

f. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Emojibles ecosystem, and therefore the potential utility or value of Emojibles.

g. Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-721 and ERC-20 standard, including the Emojibles ecosystem.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the Site, (2) breach of these Terms of Use, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the Site, the Application and the Smart Contracts with whom you connected via the Site, the Application and the Smart Contracts. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

15. User Data

We will maintain certain data that you transmit to the Site, the APPLICATION and the Smart Contracts for the purpose of managing the performance of the Site, the APPLICATION and the Smart Contracts, as well as data relating to your use of the Site, the APPLICATION and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site, the APPLICATION and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site, the Application and the Smart Contracts, or in respect to the Site, the Application and the Smart Contracts constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Last updated: 01.07.2020

17. Privacy Policy

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, 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.

18. Children

You affirm that you are over the age of 13, as the APPLICATION is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE APPLICATION, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

19. Changes to The Application

We are constantly innovating the Application to help provide the best possible experience. You acknowledge and agree that the form and nature of the Application, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Application at any time without notice.

20. Contact

If you have any questions, complaints, or claims with respect to the Software, you may contact us at emojibles@realitygaminggroup.com

FREE PACK PROMOTION (Q2 2020) FULL TERMS AND CONDITIONS

  • Free pack offer available users who have signed up to our newsletter mailing list and registered for an Emojibles.store account and who comply with these terms and conditions.
  • Promotion runs between 10 July 2020 and 31 August 2020
  • Maximum of one claim per person. No bulk or third party claims will be accepted.
  • Your statutory rights are not affected by this offer.
  • No responsibility can be accepted for email sign ups that are not received, email address is not confirmed or have not been completed correctly.
  • Any subscribers requesting a free pack agrees to be bound by these terms and conditions. Claims submitted which are not in accordance with these terms and conditions will not be valid and the Reality Gaming Group reserves the right, in its sole discretion, to refuse such claims at any time.
  • This offer and terms and conditions are governed by English Law and the courts of England shall have exclusive jurisdiction over any dispute arising out of or in connection with this offer.


#Emojiselfie Competition October 2020

The promoter is: Reality Clash Ltd DBA Reality Gaming Group Ltd (company no. 10589824) whose registered office is at 77 Shaftsbury Avenue, London, W1D 5DU.

The competition is open to people aged 13 years or over except employees of Reality Gaming Group Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the

competition.

There is no entry fee and no purchase necessary to enter this competition.

By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

Closing date for entry will be 6 November 2020. After this date the no further entries to the competition will be permitted.

No responsibility can be accepted for entries not received for whatever reason.

The rules of the competition and how to enter are as follows:

Send a selfie of yourself recreating an emoji and post to social media tagging our social media accounts in the post and using the hashtag #emojiselfie.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

The prize is as follows:

1 Jumbo Emojibles Pack

The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

Winners will be chosen:

by the Emojibles team at Reality Gaming Group Ltd for their favourite recreation of an emoji

The winner will be notified by email and/or DM on Twitter/Facebook within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

The promoter will notify the winner when and where the prize can be collected / is delivered.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

Entry into the competition will be deemed as acceptance of these terms and conditions.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Reality Gaming Group Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://emojibles.store/privacy-policy/.

Reality Gaming Group Ltd also reserves the right to cancel the competition if circumstances arise outside of its control.