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General Terms and Conditions

General Terms and Conditions

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 URC First Drop Specific Terms & Conditions

URC First Drop Specific Terms & Conditions

 

URC FIRST DROP T&C's 

 

1. INTRODUCTION

 

By purchasing digital collectibles, all participants will be deemed to have accepted these terms and conditions in full. All instructions form part of these terms and conditions. 

 

2.REWARDS 

 

The following rewards are available to be won:

 

1 x Legendary Signed Rugby Ball from the club of fan’s choice for the purchaser who has the 5-star Play of Munster 2022-2023 Semi-Final Drop Goal in their First Drop Pack.

 

2 x Standard or equivalent Season Tickets for the purchasers who has the 4-star Play of Leinster facing Ulster during round 9 in 2022-2023 in their First Drop pack.

 

1 x Legendary PoV Standard Hospitality for two people or equivalent for purchasers who have the 4-star Play of Zebra facing Dragons during round 17 in 2021-2022 in their First Drop pack. The winner will be notified via email that they have won and asked to provide their details to claim the reward. The reward will then be delivered within 30 working days from valid acceptance of the reward or when the product goes on sale with the respective club. 

 

3.CONDITIONS 

 

In the event that the Promoter is unable to contact the winner within 15 working days, the Promoter reserves the right to award the reward to an alternative winner selected at random. There is no cash alternative available. The reward is as stated and no alternatives are available. The reward is non-transferable and cannot be resold. Unless otherwise agreed in writing by the Promoter, the reward will only be awarded to the winner. 

The Promoter reserves the right to publish or make available information that indicates that a valid award took place – for example, the surname and country and county of residence of the winner. Affected reward winners have the right to object to all or part of this information being published or made available – in such event they should inform the Promoter in writing. In such circumstances, entrants acknowledge that the Promoter must nevertheless still provide the information and winning entry to the ASA or equivalent regulator on request.

No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries.

All costs and expenses not included within the reward are the responsibility of the winner. 

The Promoter reserves the right at any time, in its absolute discretion, to: • verify the eligibility of any participant (including their age and place of residence); and • disqualify any participant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who the Promoter believes to have acted in breach of these terms and conditions.

 

4.LIABILITY

 

The Promoter is not responsible for any loss or damage that is not foreseeable.

 

5.GENERAL 

 

For questions regarding the Promotion, email tech@unitedrugby.com

The Promoter reserves the right to extend, withdraw, alter or suspend the Promotion or these terms and conditions at any time if circumstances beyond its control make this unavoidable. 

All personal data submitted in connection with the promotion will be processed by the promoter to administer and manage the Promotion and rewards (where applicable) and verifying the eligibility of each participant. The Promoter is committed to protecting the privacy of all participants. Data that is collected from or about participants will be used in accordance with the Promoter's Privacy Policy, a copy of which can be found at https://www.unitedrugby.com/privacy-policy

The Promotion and these terms and conditions, and any dispute or claim arising out of or in connection with them, are governed by English law.

You can bring legal proceedings in respect of the Promotion and these terms and conditions in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Promotion and these terms and conditions in either the Scottish or the English courts.

The Promoter is Pro Rugby Championship DAC. Pro Rugby Championship DAC is a company registered in Ireland, under company number 406400, with its registered office at 3rd Floor Millbank House, Arkle Road, Sandyford Industrial Estate, Dublin 18 D18 C6R3, Ireland, email using privacy@unitedrugby.com

 

LegendaryPlays is the official NFT Video platform of the TOP 14, PRO D2 and the United Rugby Championship (URC) (“the Rights Holders”). It is an entertainment platform where sports fans (“you” or the “User”) can purchase, collect, display and play with collectibles registered on the Tezos or POLYGON public blockchain (the “Blockchain”), backed by to video content licensed to LegendaryPlays (“we” or “LegendaryPlays”) under license from the Rights Holders. The goal is to enrich the relationship between fans, their clubs and the sport they love using blockchain technology. 

 

 

1.ARTICLE 1. DESCRIPTION OF SERVICES 

 

By using our platform, you can: 

Make purchases from LegendaryPlays and/or earn, collect and display NFTs linked to Rights Holders (“Play”); 

  • Hold Plays by purchasing Plays packs on the platform; 

  • Organize your Plays into custom galleries and display them publicly if you want 

  • Participate in games using Plays in the User's possession, including but not limited to Collection Challenges and Fan Championships. These games will be offered according to the Platform development roadmap 

  • Use the “MarketPlace” which will allow Users to buy and sell Plays among themselves. Each Play will be offered for sale individually, with the possibility for the seller to set the price, either independently or through an auction system. This functionality will be offered to Users during 2024. 

 

THE PRODUCTS  

 

THE PLAYS 

 

A Play is a 3D column associated with an official video of game action from a sporting event from the Rights Holders. This video is authenticated by minting on the Blockchain. A “smart contract” indicates in a tamper-proof manner who is the owner of this digital asset. By “smart-contract”, we mean the computer protocol operating on the Blockchain and allowing transactions relating to Plays sold via the LegendaryPlays platform to be automatically executed. This registration takes place within one minute following the purchase or transfer of the Play and results in the transmission of a digital certificate to the buyer. 

All Plays are numbered and recorded on the Blockchain upon purchase. 

All Plays are qualified by a rarity level, ranging from one to five stars. This level of rarity is also an indicator of the volume of identical Plays potentially issued. 

The value of each Play is inherently subjective, in the same way that the value of other collectibles is inherently subjective. Each Play has no inherent or intrinsic value. 

 

1.2 THE PACKS 

 

The Plays are sold in packs, on the primary market. The Plays and their associated videos are contained in the packs. All of the Plays that constitute a collection put on sale can be viewed before purchasing a pack. The User is informed of the number of Plays included in the pack that he or she is purchasing. The User is also informed of all the Plays that he can possibly receive and discover after purchase of the Plays which are contained in his pack. 

The Packs may contain one or more elements replacing the classic Play: a Golden Play. The Golden Play is distinguished by its appearance, it contains a golden attribute and does not display any indication of rarity. Golden Plays are tokens that are intended to be used in games developed by LegendaryPlays (see the general conditions of the game). 

All prices indicated on the platform are expressed in euros or pounds sterling and are inclusive of all taxes, including Blockchain registration fees (“Gas Fees”). 

 

LegendaryPlays makes this platform, including all related websites and services provided by us, available to you (collectively, the “Application”). 

However, before using the Application and purchasing a Play, you must accept these terms and conditions of use and sale (collectively, the “GT&C”). 

PLEASE READ THESE GT&C CAREFULLY BEFORE USING THE APPLICATION AND/OR PURCHASING A PLAY. 

BY (I) USING THE APPLICATION OR ANY PART THEREOF, OR (II) CHECKING THE BOX TO GIVE YOUR ACCEPTANCE, YOU CONFIRM THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE GT&C. 

 

In the event that you use the Application to buy, sell or otherwise acquire a Play, you guarantee that you are a non-commercial adult natural person, acting for their personal needs. You cannot buy or sell a Play in the following cases: (i) you do not accept all or part of the GT&C; (ii) you do not have the full legal capacity allowing you to enter into or conclude a sales contract, especially if you are under eighteen (18) years old; or (iii) the law of your country prohibits you from doing so. 

PLEASE READ THESE GT&C CAREFULLY, AS THEY CONTAIN AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. 

 

2.ARTICLE 2. USE OF THE APPLICATION; CREATION OF AN ACCOUNT; SECURITY ; PLAY PACK PURCHASE PROCESS 

 

(i) Creation of an account and wallet. To use the Application, you must first install a web browser (such as Google Chrome, Brave, Firefox, etc.). Each collectible is a non-fungible token (a “NFT”) on the Blockchain. 

(ii) Account Registration. When you create an account for the Application, you will need to enter your email address and each time you log in, you will receive an email containing a secure link to log in. By creating an account, you agree to provide accurate, current, and complete information about yourself, and to maintain and promptly update your account information as necessary. 

(iii) Account access security. You are solely responsible for the use of your account on the Application and the actions that may be taken through the Application on your electronic wallets. We cannot under any circumstances be held responsible in the event of theft of a User's identity. Any access and action carried out from a User's account will be presumed to be carried out by this User, to the extent that we are not obliged and do not have the technical means allowing us to ensure the identity of persons having access to the account. 

If you become aware of any unauthorized use of your account, you must notify us immediately by email to the following address: support@legendaryplays.com. 

(iv) Account Transactions

Payment for the Plays pack is made (i) from their bank card or (ii) eventually, from the User's electronic wallet connected to the LegendaryPlays platform, using the following payment methods: 

Bank card (EUR: Visa, Mastercard) 

Cryptocurrencies (planned: ETH, BTC, some stablecoins) 

LegendaryPlays reserves the right to change the payment methods authorized to purchase Plays pack. 

(v) Delivery of the Plays following payment for the pack, the Plays are discovered when the pack is opened, materialized by a “reveal” sequence. They are made available to you on your electronic wallet. The purchase of Plays results in the creation of a unique digital certificate for each Play purchased, to the exclusion of any other media. 

The digital certificate is registered on a public blockchain, such as Polygon Network or Tezos, and a link to the certificate is accessible on the page of the purchased Play in the buyer's gallery. LegendaryPlays holds this digital certificate on behalf of the user until the user wants to transfer the digital certificate to their own wallet on the corresponding blockchain. 

(vi) Transfer of ownership and risks: registration of the transaction on the Blockchain results in the transfer of ownership of the Play and associated risks to your benefit. The purchase of the Play does not grant you any ownership rights over the media support to which it is attached in accordance with the stipulations of Article 6.

 

3.ARTICLE 3. PAYMENT, NETWORK FEES AND TAXES 

 

Payments in EUROS will be processed using the payment service provider SHOPIFY PAY. 

By using the App to make payments or financial transactions, you agree to be bound by the terms applicable to the use of the SHOPIFY platform available here: https://www.shopify.com/legal/terms. We have no control over these payments or transactions, nor do we have the ability to cancel any payments or transactions. We have no liability to you or any third party for any claims or damages that may arise from any payments or transactions you make through the Application, or any other payments or transactions you make through the Ethereum network or the SHOPIFY platform. The SHOPIFY platform also has its own privacy policy which you are invited to consult. 

 

4.ARTICLE 4. RIGHT OF WITHDRAWAL 

 

The Plays pack being made available to you directly after purchase, it makes this operation immediate and irreversible. 

Consequently, the User acknowledges and accepts that his right of withdrawal cannot be exercised, in accordance with article L.221-28 paragraph 13 of the French Consumer Code, the provisions of which are reproduced below and of which he declares having expressly taken note of.  

Article L.221-28 13° ° of the Consumer Code: 

The right of withdrawal cannot be exercised for contracts: 

13° Supply of digital content not provided on a material medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal and if the contract subjects the consumer to an obligation to pay, when: 

a) He has previously given his express consent for the execution of the contract to begin before the expiration of the withdrawal period; And 

b) He has acknowledged that he will lose his right of withdrawal (...)”. (free translation) 

Thus, the User gives his express consent for the execution of the GT&C to begin before the expiration of the withdrawal period (14 days) and expressly acknowledges losing his right of withdrawal by accepting the GT&C and checking the box provided for this purpose. 

 

5.ARTICLE 5. LEGAL GUARANTEES – CLAIM 

 

(i) Legal guarantee. You benefit from legal guarantees for all Plays purchased. 

Legal guarantee of conformity for digital services 

Article L.224-25-12 of the French Consumer Code

“The professional provides digital content or a digital service in accordance with the contract as well as the criteria set out in Article L. 224-25-14 [of the French Consumer Code]. 

When the contract provides for a one-off supply operation of digital content or digital service, or a series of distinct supply operations, the professional is liable for any lack of conformity existing at the time of supply and which appears within a period of two years from count from it. 

When the contract provides that the digital content or digital service is provided continuously, the professional is liable for any lack of conformity which appears during the period during which it is provided under the contract. » (free translation) 

In accordance with article 2224 of the French civil code, the period of the guarantee of conformity applies subject to the limitation period of five (5) years from the consumer's knowledge of the lack of conformity 

Guarantee against hidden defects  

Article 1641 of the French civil code 

“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. » (free translation) 

In accordance with article 1648 of the French civil code, the warranty period for hidden defects applies subject to the limitation period of two (2) years from the discovery of the defect by the consumer. 

(ii) Claims. Any complaint must be made in advance by email or by post, the contact details of which appear in the legal notices. In the event of non-compliance of the Play and after sending a formal notice which remains unsuccessful, you can request a reduction in the price or resolution of the GT&C. **** 

 

6.ARTICLE 6. RIGHT OF PROPERTY 

 

WE WILL ONLY RECOGNIZE YOUR OWNERSHIP RIGHT TO A PLAY IF YOU HAVE PURCHASED OR ACQUIRED SUCH PLAY LEGITIMATELY FROM A LEGITIMATE SOURCE AND NOT THROUGH ONE OF THE PROHIBITED CATEGORY B ACTIVITIES (AS DEFINED BELOW

For the purposes of this article 6, the following capitalized terms will have the following meanings: 

“Media Materials” means any content, art, design, trademark, logo and/or drawing in any form or medium, including, without limitation, videos, soundtrack or photographs, attached to a Play that you possess. 

“Own” means, with respect to a Play, purchasing or acquiring a Play legitimately from a legitimate source (and not through any of the Category B Prohibited Activities such as defined below). Proof of this purchase is recorded on the Blockchain “Purchased Play” means a Play that belongs to you. 

“Third Party Intellectual Property” means third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world. 

 

(i) Ownership of Plays and Media Materials. Each Play being an NFT of the Ethereum network when you purchase a Play in accordance with the GT&C (and not through one of the prohibited category B activities), you are the full owner of the NFT in question, which means that you have the right to trade your Play, sell it or give it away. Ownership of the Play is facilitated and established entirely by the Blockchain. The purchase of the Play automatically results in the granting by LegendaryPlays of a personal, exclusive and non-transferable license to use the Media Materials for the entire duration of possession of the Play. Any other exploitation of Media Materials is excluded from the scope of this license and cannot be carried out without our express prior authorization. 

The license to use the Media Materials only applies to the extent that you continue to own the purchased Play. If at any time you sell, trade, give away, transfer or otherwise dispose of your purchased Play for any reason, including for repurchase under these Terms, the license granted in this article will expire immediately for this Play without notice being necessary, and you will no longer have any rights of use in the Media Materials of this Play. This license to use will then be automatically transferred by LegendaryPlays to the purchaser or recipient of this Play, and such purchaser or recipient will be considered "you" (for the purposes of the media materials for this Play that it then owns, including the restrictions and other terms applicable to the Play set forth herein). 

(ii) Intellectual Property Rights of LegendaryPlays. You acknowledge and agree that we (or, where applicable, our licensors) own all proprietary rights in the Application, its components and, without limitation, all Media Materials [including media materials used in a Play], the designs, systems, methods, information, computer code, software, services, appearance, organization, compilation of content, code, data and all other elements of the application (the “Content”). The trademarks, service marks and trade names associated with the Application or otherwise contained in the Application Content, logos, slogans, graphics, photographs, animation, video, software solutions and any other content of the Application are the exclusive property of LegendaryPlays or its licensors. Notwithstanding the foregoing, LegendaryPlays grants a personal, non-exclusive and non-transferable license to Users authorizing them to access and use the Application in accordance with these GT&C. Any other exploitation of the Application and its Content is excluded from the scope of this license and cannot be carried out without the express prior authorization of LegendaryPlays. 

(iii) Other acknowledgments of ownership of the User. For the sake of clarity, you understand and agree: (a) that a Play is separate from the Media Materials, (b) that your purchase of a Play, whether through the Application or otherwise, does not confer on you any rights or license on the Content of the Application (including, without limitation, our copyrights and those of our licensors on the associated Media Media) other than those expressly stipulated in the GT&C; (c) that you do not have the right, except as otherwise provided in these GT&C, to represent or reproduce, distribute or commercialize in any way any element of the Application and the Application Content (including, without limitation, any Media Media) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (d) you will not apply for, register, use or attempt to use any of our trademarks or service logos, or any other similar marks that may be used confusingly, throughout the world, without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion. 

 

(iv) Restrictions on the use of Media Materials. Except with prior and express authorization from us, you agree not to carry out or have carried out by a third party, the following actions: (a) modify the Media Materials of your purchased Play, in any way whatsoever, including, but without limited to, shapes, designs, designs, attributes or color palettes; (b) use the Media Materials of the Play you purchased, including the name, likeness, image or personality of any player, Rights Holders or other person associated with such Media Materials (“Character”) to advertise, market or sell any product or service or in any other manner which could imply endorsement of any business, message, product or service, or which might create confuse or dilute, blur or tarnish these media supports or people; (c) use the Media Materials or any Play Character you have purchased in connection with images, videos or other forms of Media Materials that contain content that is defamatory, abusive, libelous, malicious, incites violence or there hateful, racist, unlawful, discriminatory, infringing on privacy or image rights or inappropriate in any way; (d) use the Media Materials or any Play Character that you have purchased in films, videos or any other form of media, except in the limited context where such use is expressly authorized by the GT&C; (e) sell, distribute for commercial purposes (including, without limitation, giving away in hope of possible commercial gain), or otherwise market any goods that include, contain or consist of Media Materials or any Play Characters you have purchased; (f) attempt to register a trademark, copyright or otherwise acquire additional intellectual property rights in the Media Materials (including any elements thereof) or in any Play Character that you have purchased; (g) use the Media Materials or any Play Characters you have purchased for your commercial benefit or that of a third party; (h) create, sell or attempt to create or sell fractional interests in any purchased Play or Media Materials associated with such purchased Play; (i) separate, dissociate or decouple the Media or any Character from the purchased Play with which it is associated; (j) use any Media Material or modification thereof or any Character to create, sell or attempt to create or sell any new cryptographic token; or (k) otherwise use the Media or any Play Character you have purchased, except for the limited rights expressly granted under Article 5(v). 

(v) Third Party Intellectual Property. If the Media associated with your purchased Play contains intellectual property of a third party (for example, intellectual property licensed of the Rights Holders), you understand and agree as follows: (a) that you will not have the right to use this third party intellectual property in any manner unless expressly authorized by the third party owner; (b) that, depending on the nature of the license granted by the owner of the third party intellectual property, we may be required to (and we reserve the right to) impose additional restrictions on your ability to use the Media; and (c) to the extent we notify you of any such additional restrictions in writing, you will be responsible for compliance with all such restrictions from the date you receive notice, and failure to do so will be considered as a violation of the license contained in Article 6. 

(vi) User Feedback. You may submit comments, bug reports, ideas or other feedback to us about the Application, including, but not limited to, how to improve the Application (collectively, “Feedback"). We are free to use the Feedback at our discretion and without additional compensation, and to disclose it to third parties (on a non-confidential basis or otherwise). 

 

7.ARTICLE 7. CONDITIONS OF USE AND PROHIBITED ACTIVITIES 

 

(i) User Obligations. When using the Application, each User undertakes not to harm public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of the General Terms and Conditions. As such, you undertake that your use of the Application will not result in: 

(a) in any manner: 

(1) sending, posting online, distributing or broadcasting any illegal, defamatory, harassing, offensive, fraudulent, racist, xenophobic, revisionist content or content that harms the honor or reputation of others; 

(2) the distribution of viruses, worms, defects, Trojan horses, corrupted files, hoaxes or anything else of a destructive or deceptive nature; 

(3) uploading, publishing, transmitting or otherwise making available through the Application any content that infringes the intellectual property rights of any party; 

(4) infringement of the rights of third parties (such as the right to privacy and the right to image); 

(5) engaging in, promoting or encouraging illegal activity (including, without limitation, money laundering); 

(6) interference with other Users’ enjoyment of the Application; 

(7) exploiting the Application for any unauthorized commercial purpose; 

(8) modification, adaptation, translation or reverse engineering of any part of the Application; 

(9) the removal of any copyright, trademark or other rights notices proprietary content contained in or on the Application or any part thereof; 

(10) reformatting or framing any part of the Application; 

(11) using any spider, site search/retrieval application, or other device to retrieve or index any portion of the App or content posted on the App, or to collect information about its Users for unauthorized purposes; 

(12) involve accessing or using the App for the purpose of creating a product or service that is competitive with any of our products or services; 

(“Category A Prohibited Activity”) 

and/or (b) in any way 

(1) creating user accounts by automated means or under false or fraudulent pretenses; 

(2) impersonating another person (via use of an email address or otherwise); 

(3) the use, employment, exploitation or creation of a computer program to simulate the human behavior of a user (“bots”); 

(4) acquiring Plays through improper or illegal means (including, among other things, using a stolen credit card or payment mechanism that you do not have the right to use), (purchasing a Play and attempting to charge the cost to your payment method while retaining ownership or control of the Play or selling, donating or trading the Play to someone else) ; 

(5) purchasing, selling or facilitating the purchase and sale of a User's account(s) or any Play to other Users or third parties for cash or cryptocurrency consideration in outside the Application; 

(6) unlawful seizure or receipt of any Play or other digital assets; 

(“Category B Prohibited Activity” and together with Category A Prohibited Activity “Prohibited Activities”) 

 

 

(ii) Consequences of breaches of the User's contractual obligations. If you engage in any of the Prohibited Activities, we reserve the right to, in our sole and absolute discretion, without notice or liability to you, and without prejudice to any other rights or remedies, immediately suspend or terminate your User account and/or withdraw the user license granted on the Media Materials. 

NOTWITHSTANDING THE FOREGOING, IF WE HAVE REASON TO BELIEVE THAT YOU ARE ENGAGED IN ANY OF THE PROHIBITED ACTIVITIES IN CATEGORY B, IN ADDITION, IF WE REASONABLY BELIEVE THAT YOU ARE INVOLVED IN PROHIBITED ACTIVITIES WE ALSO RESERVE THE RIGHT, IN OUR SOLE AND COMPLETE DISCRETION, WITHOUT NOTICE OR LIABILITY TO YOU, TO REPORT ILLEGAL OR CRIMINAL ACTIVITIES TO THE COMPETENT AUTHORITIES AND TO NOTIFY ANY INJURED PARTY AND/OR TO TAKE ANY OTHER LEGAL AND TECHNICAL MEASURES WE DEEM NECESSARY TO PROTECT OURSELVES, AND OUR USERS AND LICENSORS. 

 

 

8.ARTICLE 8. UNSUBSCRIPTION 

 

(i) Unsubscription procedures. You can close your account at any time by ceasing to access and use the Application. We also reserve the right to delete your account without notice and without compensation in the event of a violation of the GT&C. We reserve the right to use all legal remedies at our disposal in order to obtain damages due to the harm suffered due to non-compliance with the GT&C. 

(ii) Effect of Account Deletion. Deleting your account, for whatever reason, results in the deletion of information linked to your account as well as associated digital assets, if you have not transferred them to your digital wallet before closure. 

 

9.ARTICLE 9. LIABILITY 

 

Our liability cannot under any circumstances be incurred in the event of non-performance or poor performance of the contractual obligations attributable to you, in particular during the purchase. 

We cannot be held responsible, or considered to have failed herein, for any delay or non-performance of any of its obligations described herein, when the cause of the delay or non-performance is linked to a  force majeure event as defined by the case law of French courts and tribunals. 

We decline all liability in particular: 

  • If it is impossible to temporarily access the Application for technical maintenance operations or updating published information. Users acknowledge that LegendaryPlays cannot be held liable in the event of malfunctions or interruptions of said transmission networks 

  • In the event of viral attacks, unlawful intrusion into an automated data processing system; 

  • If used abnormal or illicit exploitation of the Application by a User or a third party; 

  • Relating to the content of third-party websites to which hypertext links present on the Application refer; 

  • In the event of non-compliance with these GT&C attributable to Users; 

 

  • In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure; 

  • In the event of a foreign cause which is not attributable to us. 

In the event of abnormal use or illegal exploitation of the Application, the User is then solely responsible for damage caused to third parties and the consequences of claims or actions that could result therefrom. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR SOLE RISK, AND THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

PLAYS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE RECORD OF OWNERSHIP KEPT ON THE BLOCKCHAIN. ALL SMART CONTRACTS ARE EXECUTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE TEZOS OR POLYGON NETWORK. WE HAVE NO CONTROL OVER SMART CONTRACTS. 

WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO FEATURES OF THE TEZOS OR POLYGON NETWORK, THE SHOPIFY PLATFORM, OR ANY E-WALLET, INCLUDING, BUT NOT LIMITED TO, LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR THE LACK OF REPORTS) OF ANY PROBLEMS WITH THE BLOCKCHAIN SUPPORTING THE TEZOS OR POLYGON NETWORK, INCLUDING TECHNICAL PROBLEMS WITH NODES OR ANY OTHER PROBLEMS RESULTING IN LOSS OF FUNDS. 

 

10.ARTICLE 10. ACCEPTANCE OF RISKS 

 

You acknowledge and agree that: 

(i) Value and volatility. Prices for collectible digital assets are volatile and subjective and collectible digital assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could significantly and negatively affect the value of your Plays which are also likely to be subject to significant price volatility. Each Play has no inherent or intrinsic value. We cannot guarantee that purchased Plays will retain their original value, as the value of collectibles is inherently subjective and factors outside of the Plays ecosystem may significantly impact the value and desirability of a particular Play. 

(ii) Tax regime. The purchase and sale of Plays may result in the application of taxes depending in particular on the amounts involved and the frequency of transactions. We invite you to find out about the tax regime for NFTs and to calculate any taxes that may be applied to you due to the purchase or sale of Plays on the Application or on another similar platform. 

(iii) Risks inherent to cryptocurrencies. There are risks associated with the use of cryptocurrencies, including, but not limited to, risk related to hardware, software and Internet connections, risk of introduction of malware and risk of third parties obtaining unauthorized access to information stored in your e-wallet. You agree and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays that you may experience while using the Polygon or TEZOS Network, the SHOPIFY Platform, the ShopifyPay payment service or from another network, whatever the cause. 

(iv) Loss of license to the Media Materials. In the event of termination of the license contract concluded between LegendaryPlays and the Rights Holders, we will no longer be able to grant you the rights of use to the Media Support of your Plays. You therefore accept the risk of possible termination of the license to use the Media Supports granted to LegendaryPlays by the Rights Holders. 

(v) Regulatory uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may have a significant negative impact on the development of the Plays ecosystem, and therefore on the usefulness or potential value of your Plays. 

 

11.ARTICLE 11. FORCE MAJEURE 

 

LegendaryPlays cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these GT&C results from a case of force majeure. 

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and whose effects cannot be avoided s by appropriate measures, prevents the execution of his obligation by the debtor. If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the resolution of these GT&C. If the impediment is definitive, the GT&C are automatically terminated and the Parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code. 

 

12.ARTICLE 12. PERSONAL DATA 

 

LegendaryPlays data policy  

 

As part of the execution of the General Terms and Conditions, we are the data controller of your personal data within the meaning of the European General Regulation on the Protection of Persons of April 27, 2016 (GDPR). 

As such, we may collect your personal data (email address, IP address, etc.) in order to allow you to create an account, carry out transactions and be able to communicate with you. The legal basis for this processing is the execution of the GT&C and our legitimate interest in sending you communications in the event that you have purchased Plays on our platform. 

Your personal data is kept for a period of five (5) years from your unsubscription for evidentiary purposes. 

Please note that you have the rights of access, rectification, opposition, portability and deletion of your data, as well as a right to limit the processing of data concerning you. You can also define the fate of your data after your death. 

You can exercise your rights by sending an email to dpo@legendaryplays.com or by sending a letter to the following contact details: 32, rue de Ponthieu, 75008 Paris. 

However, given the public and irreversible nature of the Blockchain, you acknowledge and accept that some of your data (public address, nickname, purchase, etc.) cannot be deleted or modified. 

Finally, you can also lodge a complaint with the supervisory authorities and in particular the CNIL (https://www.cnil.fr/fr/plaintes). 

The entire policy relating to the processing of personal data implemented is detailed in our privacy policy available at the following link: https://legendaryplays.com/info/legal[XXX]

 

Sharing with trusted third parties 

We may share your personal data with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third-party service providers as necessary for them to perform services on our behalf, such as: 

• Communicating with you, such as by email or push notification 

• Serving advertisements 

• Conducting contests or surveys 

• Performing analysis of our Services and customers’ demographics 

• Customer relationship management 

In all cases, LegendaryPlays may only share your personal data to a third party, within the limits of their attributions:  

• For the purposes set out in article 2 of our privacy policy available at the following link: [XXX]https://legendaryplays.com/info/legal

•If you have given your prior consent to such sharing of your personal data; or  

•If LegendaryPlays is requested by a judicial authority or any other administrative authority to provide this personal data.  

These third-parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilising, sharing or retaining your personal data for any other purpose than as they have been specifically contracted for (or without your consent). 

 

Partnering with third parties including for co-branded offers and services 

Subject to compliance with the GDPR, we may work with some third-party partners to support products and services and to offer co-branded offers. You will be informed of the identity of the data controller and provided with information relating to the data processing through the applicable privacy policy at the time of data collection. 

 

URC 

In the case of URC Digital Collectibles and subject to GDPR compliance, we may provide information about your registration, purchases (excluding payment information), gameplay, demographics and engagement with United Rugby Championship, to allow them to learn more about rugby fans and to support their marketing where they already have your data. More information on URC's use of your data can be found in their privacy notice here: https://www.unitedrugby.com/privacy-policy 

Ligue National de Rugby 

In the case of Ligue Nationale de Rugby Digital Collectibles and subject to GDPR compliance, we may provide information about your registration, purchases (excluding payment information), gameplay, demographics and engagement with Ligue Nationale de rugby, to allow them to learn more about rugby fans and to support their marketing. More information on LNR’s use of your data can be found in their privacy notice here: https://www.lnr.fr/page/politique-de-confidentialite  

Bloctel 

Users may request, free of charge, that their phone number be registered on the BLOCTEL telephone anti-solicitation list, which is available at the following address: www.bloctel.gouv.fr

 

13.ARTICLE 13. MODIFICATIONS TO THE APPLICATION 

 

We are constantly innovating the Application in order to offer you the best possible experience. You acknowledge and agree that the form and nature of the Application, and any part thereof, are subject to change from time to time without notice, and that we may add new features and modify any part of the Application at any time without notice. 

 

14.ARTICLE 14. VALIDITY AND MODIFICATION OF THE GT&C

 

These GT&C are precisely dated and may be modified and updated at any time. It is however specified that the applicable GT&C are those in force at the time of purchase of the Play or Pack. Therefore, the modifications made to the GT&C will not apply to Plays already purchased. 

If any of the stipulations of the GT&C were to be declared null with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten but will not affect in no way the validity of the other clauses which will remain fully applicable. 

Such a modification or decision in no way authorizes Users to disregard all or part of the GT&C. 

 

15.ARTICLE 15. JURISDICTION AND APPLICABLE LAW 

 

THE GENERAL TERMS AND CONDITIONS OF SALE ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION. 

However, prior to any recourse to an arbitration or state judge, we invite you to contact us. 

If no agreement is reached, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement should any conflict relating to the Conditions arise. 

To initiate this mediation and in application of article L. 616-1 of the French Consumer Code, you can contact our mediator: Fevad 

  • An online form: https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx 

  • By post to the address: 60 rue la Boétie, 75008 Paris  

  • By email: mediateurduecommerce@fevad.com 

 following address: 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR  

 

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