Rugged Revenants Gen 1 NFT Purchase Terms and Conditions
By purchasing Collectibles during the Sale Period (as defined below), you will be bound by these NFT Purchase Terms and Conditions (the “Terms”) and all terms incorporated by reference. If you have any questions regarding these Terms, please contact 1Kin Ltd. (“RR”) at firstname.lastname@example.org. These Terms constitute a legally binding agreement by and between RR and: (i) you as a participant in the Collectible Sale (defined below); and (ii) any subsequent owner(s) of a Collectible (defined below) (collectively and as applicable, “You” and “Your”). Each of You and RR is a “Party”, and together the “Parties”.
(a) “Collectible” means a unique Rugged Revenants Gen 1 non-fungible token (an “NFT”) that, as of its genesis issuance, is linked to a display of Underlying Art and which represents pieces of programmable art in the form of non-fungible digital assets that themselves may be created by reference to a smart contract on the Solana blockchain.
(b) “Collectible Sale” means each sale hosted on the Collectibles Website during the Sale Period.
(c) “Collectibles Website” means Magic Eden marketplace (https://magiceden.io), which is facilitated by the NFT platform owned and operated by Euclid Labs Inc., a Delaware corporation.
(d) “Primary Transaction” means a transaction in which a Collectible is first sold.
(e) “Prohibited Transferee” means an individual (i) located in a country that is subject to a government embargo, or that has been designated by any government as a terrorist-supporting country; or is (ii) listed on any government list of prohibited or restricted parties.
(f) “Sale Period” means the dates on which the Primary Transactions shall occur, beginning on August 14, 2022, and ending on August 15, 2022.
(g) “Secondary Transaction” means any transaction in which a Collectible is sold by one owner to another owner or is otherwise transferred in any manner that is not a Primary Transaction.
(h) “Underlying Art” means the digital art that is provided by and owned by RR and is linked to the Collectibles. For the avoidance of doubt, the Underlying Art is digital in nature and does not include any items or representations that have physical dimensions such as mass or volume.
2. Purpose and Use of Collectibles
The purpose of the Collectible is to provide owners with benefits related to the RR platform. Ownership of the Collectibles carries no rights, express or implied unless otherwise determined in the sole discretion of RR. In particular, you understand and accept that Collectibles do not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights, or any other form of participation in or relating to the RR platform, except as determined by RR in its sole discretion and subject to any terms and conditions which RR may impose on any such rights, revenue sharing or other participation. For example, the Collectibles may entitle holders to participate in a RR referral program, and access to purchase blockchain based assets issued by the Company (“Tokens”). Whether or not Tokens will be issued in the future, what benefits may be attributed to the Tokens and details surrounding any referral program is to be determined by RR at its discretion and will be communicated to holders of the Collectibles via the Rugged Revenants Gen 1 website located at https://ruggedrevenants.io/. The Collectibles and any ancillary benefits related thereto are not intended to be a digital currency, security, commodity, or financial instrument of any kind. In the event of any inconsistency between the information contained on the Rugged Revenants Gen 1 website and the information contained in these Terms, these Terms shall prevail.
3. Agreement to Terms
By participating in the Collectible Sale, You acknowledge that You have carefully read and agree to the terms contained herein. These Terms govern Your participation in any Primary Transactions as well as Secondary Transactions. You further acknowledge that You have carefully read and have accepted the (i) Terms of Service of the NFT platform of Magic Eden (the “Magic Eden Platform”) (to be found here: https://magiceden.io/terms-of-service.pdf) (the “Magic Eden Terms of Service”) because the Magic Eden Terms of Service govern Your use of the Magic Eden Platform. If there is a conflict between the Magic Eden Terms and the Terms with respect to the Collectible Sale, the Collectibles, and Underlying Art, the Terms controls. RR may make changes to these Terms from time to time as reasonably required to comply with applicable law or regulation.
4. The Collectible Sale and Secondary Transactions
(a) Purchaser Qualification: By purchasing Collectibles, You represent and warrant that:
(i) You have read and understand these Terms;
(ii) You have sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology and blockchain-based software systems to understand these Terms and to appreciate the risks and implications of purchasing the Collectibles;
(iii) You have obtained sufficient information about the Collectibles to make an informed decision to purchase the Collectibles;
(iv) You understand that the Collectibles confer no rights of any form with respect to RR or its corporate affiliates, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
(v) You are purchasing Collectibles for your own personal, non-commercial use. You are not purchasing Collectibles for any other uses or purposes, including, but not limited to, any investment, speculative or other financial purposes;
(vi) Your purchase of Collectibles complies with applicable law and regulation in Your jurisdiction, including, but not limited to, (i) legal capacity and any other threshold requirements in Your jurisdiction for purchasing the Collectibles and entering into contracts with RR, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained;
(vii) You will comply with any applicable tax obligations in Your jurisdiction arising from Your purchase of Collectibles; and
(viii) If You are purchasing Collectibles on behalf of any entity, You are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by You or any other employee or agent of such entity (references to “You” in these Terms refer to You and such entity, jointly).
(b) Purchases: During the Collectible Sale, You can purchase Collectibles made available on the Collectibles Website. You will be required to connect Your Solana wallet to the Magic Eden Platform in order to buy the Collectible. Your purchase of Collectibles from RR during the Sale Period is final, and there are no refunds or cancellations except as may be required by applicable law or regulation. We reserve the right to refuse or cancel Collectible purchase requests at any time at our sole discretion.
(c) Form of Payment: Magic Eden agrees to accept payment for the Primary Transaction purchase price in Solana cryptocurrency via the Collectibles Website through your Solana Wallet, provided that Magic Eden may elect to accept other methods or forms of payment in its sole discretion. The U.S. dollar exchange rate for any other forms of payment shall be determined solely by RR, Magic Eden, or an assignee or agent in accordance with reasonable and accepted market practices and additional transaction fees may apply. Before placing Your order, correct exchange rate information will be shared.
(d) Fees: By buying or selling a Collectible on the Collectibles Website or any other platform, You agree to pay all applicable fees and, if applicable, You authorize Magic Eden to automatically deduct fees (including any transaction fees as applicable) directly from Your payments for the Primary Transaction or subsequent Secondary Transactions. Neither RR nor Magic Eden has any insight into or control over these payments or transactions, nor does RR or Magic Eden have the ability to reverse any transactions. Accordingly, RR and Magic Eden 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 of the Collectibles that You engage in.
(e) Transfers: All Secondary Transactions are subject to the following terms: (i) the Collectible transferee shall, by receiving an ownership interest in the Collectible, be deemed to accept all of the terms found in these Terms; (ii) the Collectible transferor shall provide notice to the transferee of the Terms, including a link or other method by which the terms of these Terms can be accessible by the transferee.
(f) Transfer Timing: RR anticipates that delivery of Collectibles from the Collectibles Website to purchasers will occur within one weekafter the Sale Period concludes. RR reserves the right to delay delivery up to four weeks after the conclusion of the Sale Period.
(g) Taxes: The purchase price that You pay for Collectibles is exclusive of all applicable taxes. You are responsible for determining what, if any, taxes apply to Your purchase of Collectibles, including, for example, sales, use, value-added, and similar taxes. It is also Your responsibility to withhold, collect, report, and remit the correct taxes to the appropriate tax authorities. RR is not responsible for withholding, collecting, reporting, or remitting any sales, use, value-added, or similar tax arising from Your purchase of Collectibles.
(h) Your Information: RR may determine, in its sole discretion, that it is necessary to obtain certain information about You in order to comply with applicable law or regulation in connection with selling Collectibles to You. You agree to provide RR such information promptly upon request and You acknowledge that RR may refuse to sell Collectibles to You until You provide such requested information and RR has determined that it is permissible to sell You Collectibles under applicable law or regulation.
5. Ownership of Collectible
As a purchaser of a Collectible, You own a cryptographic token representing the Underlying Artwork’s creative artwork as a piece of property, but You do not own the creative artwork itself. If You acquire a Collectible, You acquire all personal property rights to that Collectible, such as the right to freely sell, transfer, or otherwise dispose of that Collectible. However, in exercising personal property rights over the Collectible, You represent and warrant that You will not transfer a Collectible in any Secondary Transaction to a transferee that is a Prohibited Transferee. Purchasers of Collectibles do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Underlying Art, excepting the limited license granted by the Terms.
6. License of Underlying Art
RR reserves all exclusive copyrights to artworks underlying NFTs on the Collectibles Website, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute the artworks. Purchasers may not infringe on any of the exclusive rights of the copyright belonging exclusively to RR. If You acquire a Collectible, RR hereby grants to You, for so long as You own the Collectible (as recorded on the relevant blockchain), a limited, non-exclusive, non- sublicensable, royalty-free license to use, copy, and display the Underlying Art linked with Your purchased Collectible solely for the following purposes: (i) for Your own personal, non-commercial use, including to create one back-up copy of the Underlying Art and a single physical print out of the Underlying Art, each to be retained only for so long as You own the associated Collectible; and (ii) efforts to sell or otherwise transfer the associated Collectible consistent with the ownership of it (e.g., posting the Underlying Art on a sales listing on an NFT marketplace). The license in the prior sentence is non-transferrable, except that it will automatically transfer in connection with the transfer of the Collectible.
7. Reservation of Rights
The Underlying Art is licensed, not sold. All rights to the Underlying Art not expressly provided for in the Terms and are hereby reserved by RR. RR owns and will retain all title, interest, ownership rights and intellectual property rights in and to the Underlying Art. Without limitation, You shall not, nor permit any third party to do or attempt to do any of the following without express prior written consent from RR: (i) modify the Underlying Art; (ii) use the Underlying Art to advertise, market, or sell any product or service; (iii) use the Underlying Art in connection with media that depicts hatred, intolerance, violence, cruelty, or any other subject matter that reflects negatively on RR; (iv) use the Underlying Art in any other form of media, except solely for Your own personal, non-commercial use for so long as You own the Collectible; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Underlying Art; (vi) attempt to register any trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Underlying Art; or (vii) otherwise utilize the Underlying Art for Your or any third party’s commercial benefit.
8. Termination of License to Underlying Art
Your license to the Underlying Art shall automatically and immediately terminate without notice, and all rights shall revert to RR if at any time: (i) You breach any portion of these Terms; (ii) You engage in any unlawful activity related to the Collectible (including transferring the Collectible to a Prohibited Transferee); or (iii) if RR determines, in RR’s sole discretion, You have disparaged RR, its brands or products. Upon any termination, discontinuation or cancellation of Your license to Underlying Art, RR may disable Your access to the Underlying Art and You must delete, remove, or otherwise destroy any backup or single digital or physical copy of the Underlying Art.
9. RR’s Rights and Obligations to Underlying Art
RR is not responsible for repairing, supporting, replacing, or maintaining the website hosting the Underlying Art, nor does RR have the obligation to maintain any connection or link between a Collectible and the corresponding Underlying Art.
10. Warranty Disclaimers
To the fullest extent permitted by applicable law and except as otherwise specified in a writing by RR, (a) the Collectibles are sold on an “as is” and “as available” basis without warranties of any kind, and RR expressly disclaims all implied warranties as to the Collectibles, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) RR does not represent or warrant that the Collectibles are reliable, current or error-free, meet your requirements, or that defects in the Collectibles will be corrected; and (c) RR cannot and does not represent or warrant that the Collectibles or the delivery mechanism for Collectibles are free of viruses or other harmful components.
11. Assumption of Risk
Without limiting the foregoing, RR explicitly disclaims any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of the course of dealing or usage of trade. RR makes no warranty that the Collectibles will meet your requirements or be available on an uninterrupted, secure, or, error-free basis. RR makes no warranty regarding the quality, accuracy, suitability, timeliness, truthfulness, completeness or reliability of any information or content on the Collectibles. Descriptions of the Underlying Art are posted on the Collectibles Website for informational purposes only and may not be independently verified by Magic Eden and/or its partners. Therefore, your reliance on such information is at your own risk. You should always verify information on the Collectibles Website before making a bid or purchase. Because RR does not control third-party sites and/or resources, you acknowledge and agree that RR is not responsible for the accuracy or availability of any materials and/or external sites or resources. Your interactions with other Collectibles Website users are solely between You and such users. You agree that the Collectibles website will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any Collectibles Website user, neither RR nor Magic Eden is under any obligation to become involved.
By purchasing and holding a Collectible, You expressly acknowledge and assume the following risks:
(a) Risk of Losing Access to Collectibles Due to Loss of Private Key(s): A private key, or a combination of private keys, is necessary to control and dispose of Collectibles stored in Your digital wallet or vault. Accordingly, the loss of requisite private key(s) associated with Your digital wallet or vault storing Collectibles will result the in loss of such Collectibles. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service You use and may be able to misappropriate Your Collectibles.
(b) Risk of Loss of Digital Assets: The Collectibles are intangible digital assets. They exist only by virtue of the ownership record maintained in the applicable blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within such a blockchain network, which RR does not control. RR does not guarantee that RR or Magic Eden can affect the transfer of title or right in any collectible. You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase through the Collectibles Website. Notwithstanding indicators and messages that suggest verification, RR makes no claims about the identity, legitimacy, or authenticity of assets on the Collectibles Website or any purported Secondary Transactions. RR is not responsible for any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of the collectibles. RR is not responsible for casualties due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the Collectibles, including forks, technical node issues, or any other issues having fund losses as a result.
(c) Risks Associated with the Solana Protocol: Because Collectibles are based on the Solana protocol, any malfunction, breakdown, or abandonment of the Solana protocol may have a material adverse effect on the platform or Collectibles. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the Collectibles and the platform by rendering ineffective the cryptographic consensus mechanism that underpins the Solana protocol.
(d) Risk of Mining Attacks: As with other decentralized cryptographic Collectibles based on the Solana protocol, the Collectibles are susceptible to attacks by miners in the course of validating Collectible transactions on the Solana blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the platform and the Collectibles, including, but not limited to, accurate execution and recording of transactions involving Collectibles.
(e) Risk of Hacking and Security Weaknesses: Hackers or other malicious groups or organizations may attempt to interfere with the Collectibles in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the RR team may intentionally or unintentionally introduce weaknesses into the core infrastructure, which could negatively affect the platform and the Collectibles.
(f) Risks Associated with Markets for Collectibles: RR will not support or otherwise facilitate any secondary trading or external valuation of Collectibles. Even if secondary trading of Collectibles is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties do ascribe an external exchange value to Collectibles (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and diminish to zero.
(g) Risk of Uninsured Losses: Unlike bank accounts or accounts at some other financial institutions, Collectibles are uninsured unless You specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer, such as the Federal Deposit Insurance Corporation, or private insurance arranged by RR, to offer recourse to You.
(h) Risks Associated with Uncertain Regulations and Enforcement Actions: The regulatory status of the Collectibles and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulations with respect to such technology and its applications, including the platform and the Collectibles. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulations affecting distributed ledger technology, its applications, and the sale of products derived from such distributed ledger technology, including any sales under the Primary Transaction or Secondary Transaction and the Collectibles. Regulatory actions could negatively impact such sales and the Collectibles in various ways, including, for purposes of illustration only, through a determination that Collectibles are a regulated financial instrument that requires registration or licensing. RR may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
(i) Risks Arising from Taxation: The tax characterization of Collectibles is uncertain. You must seek Your own tax advice in connection with purchasing Collectibles, which may result in adverse tax consequences to You, including withholding taxes, income taxes, and tax reporting requirements.
(j) Unanticipated Risks: Cryptographic tokens such as the Collectibles are a new and untested technology. In addition to the risks included in these Terms, there are other risks associated with Your purchase, holding, and use of Collectibles, including those that the RR cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in these Terms.
(a) To the fullest extent permitted by applicable law, You will indemnify, defend and hold harmless RR and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “RR Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) Your purchase or use of Collectibles, (ii) Your responsibilities or obligations under these Terms, (iii) Your violation of these Terms, or (iv) Your violation of any rights of any other person or entity.
(b) RR reserves the right to exercise sole control over the defense, at Your expense, of any claim subject to indemnification under Section 12(a). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and RR.
13. Limitation of Liability
(a) To the fullest extent permitted by applicable law: (i) in no event will RR or any of the RR parties be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale or use of the Collectibles or otherwise related to these terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and (ii) in no event will the aggregate liability of RR, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the use of or inability to use the Collectibles, exceed the amount you pay to us for the Collectibles.
(b) The limitations set forth in Section 13(a) will not limit or exclude liability for the gross negligence, fraud, or intentional, willful, or reckless misconduct of RR.
To the fullest extent permitted by applicable law, You release RR from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under any applicable legislation as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
15. Governing Law
You agree that these Terms or any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present, or future and including statutory, common law and equitable claims) between you and RR arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Site, your purchase of NFTs or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the Commonwealth of The Bahamas, without regard to its conflicts of laws rules. The courts of the Commonwealth of The Bahamas shall have exclusive jurisdiction over any Claim.
16. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO INDIVIDUALS LOCATED, RESIDENT, OR DOMICILED IN THE UNITED STATES. IF YOU ARE LOCATED, RESIDENT OR DOMICILED IN THE UNITED STATES, THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH RR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RR.
(a) Binding Arbitration: Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and RR (i) waive Your and RR’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive Your and RR’s respective rights to a jury trial. Instead, You and RR will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
(b) No Class Arbitrations, Class Actions, or Representative Actions:
Any Dispute arising out of or related to these Terms is personal to You and RR and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
(c) Notice; Informal Dispute Resolution: Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to RR shall be sent by e- mail to RR at email@example.com. Notice to You shall be by email to the then-current email address in Your Account. Your notice must include (i) Your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that You are seeking. If You and RR cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either You or RR may, as appropriate and in accordance with this Section 16 (c), commence an arbitration proceeding or, to the extent specifically provided for in Section 16 (a), file a claim in court.
(d) Waiver of Jury Trial: Each Party acknowledges and agrees that any controversy which may arise under these Terms is likely to involve complicated and difficult issues and, therefore, each such Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to these Terms or the transactions contemplated hereby
(e) Class Action Waiver: You agree to waive, with respect to any dispute with RR: (a) the right to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; and (b) the right to join or consolidate claims with claims of any other person. The Parties agree that no arbitrator shall have authority to conduct any arbitration in violation of this class action waiver or to issue any relief that applies to any other person or entity other than the Parties.
17. General Terms
RR’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. RR will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond its reasonable control. Purchasing Collectibles from RR does not create any form of partnership, joint venture or any other similar relationship between You and RR. Except as otherwise provided herein, these Terms are intended solely for the benefit of You and RR and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that RR provides to You, including these Terms, will be provided in electronic form.
Nothing herein shall be deemed to create an agency, partnership, or joint venture or to establish the relationship of employer and employee between the Parties. Neither Party is authorized to enter into or commit the other Party to any agreements, nor shall neither Party represent itself as the agent or legal representative of the other Party.
Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, herein, hereto, hereof and words of similar import refer to these Terms as a whole and not to any particular Section or paragraph hereof; (ii) the word including means including, but not limited to; (iii) masculine gender shall also include the feminine and neutral genders, and vice versa; and (iv) words importing the singular shall also include the plural, and vice versa. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.
If any term, clause, or provision of these Terms is held unlawful, void or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between You and RR relating to Your purchase of Collectibles from RR and supersedes all prior agreements and undertakings, both written and oral between the Parties with respect to the subject matter hereof, except as expressly provided herein. RR may assign its rights and obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. RR will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. Purchasing Collectibles from RR does not create any form of partnership, joint venture or any other similar relationship between You and RR. Except as otherwise provided in herein, these Terms are intended solely for the benefit of You and RR and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that RR provides to You, including these Terms, will be provided in electronic form.
18. Contact Information
If You have any questions about this Agreement, please contact RR at:
3 Bayside Executive Park,