LICENCE TERMS FOR SWAP APP
PLEASE READ THESE LICENCE TERMS CAREFULLY
1. Your agreement to these Licence Terms
These terms and conditions cover your use of the Fantastec SWAP mobile application (the “SWAP App”). If you are below the age of 16, please ask your parent or guardian to agree on your behalf to the terms and conditions set out below (the “Licence Terms”).
2. Who we are and how to contact us
Fantastec is the trading name for Fantastec Sports Technology Ltd, an English registered company under company number 10757008. Our registered address is at 125 Wood Street, London EC2V 7AW, UK. Our VAT number is 271 0744 20. We own the rights in, and operate, the SWAP App.
If you have any questions about the SWAP App or have problems when you use it, you can contact us at firstname.lastname@example.org.
You may also wish to contact us:
· if there is something in these Licence Terms that you don’t understand and want to talk to us about it; or
· if you would like a copy of these Licence Terms in another format (for example, audio, large print).
3. Apple or Google’s terms also apply
The ways in which you can use the SWAP App may also be controlled by Apple or Google’s
terms and policies when you download the SWAP App from the relevant app store (for example, the Apple App Store or Google Play Store) (“your App Store”). If this is the case, Apple or Google’s terms and policies will apply instead of these Licence Terms where there are differences between the two.
4. How the SWAP App works
The SWAP App enables you to buy, download, store and swap digital collectibles relating to sports clubs and players (“Collectibles”). You can buy and download Collectibles as part of a “Pack”, and you can swap individual Collectibles with other users.
Collectibles are stored and swapped on a virtual network which is open to all SWAP App users. All interactions and transactions on the SWAP App (for example, any trading of Collectibles and buying of Packs) take place using a type of technology called blockchain.
Blockchain technology is a way of recording information onto multiple Nodes (computers) at the same time via the internet. For the purposes of the SWAP App, it allows you and other users to interact and transact safely, in a trusted environment. Fantastec SWAP operates on a private blockchain. Once a transaction has taken place, it will be recorded on the SWAP blockchain on a permanent basis. Each Collectible will also contain its own transaction history which provides details of previous owners (by reference to their Usernames.
5. Your right to use the SWAP App and Collectibles
These Licence Terms grant you the right to use the SWAP App, including the right to buy, download, store and swap Collectibles from your account. They also contain various restrictions on how you can use the SWAP App, to ensure it is not unlawfully misused or copied.
Your agreement to these Licence Terms becomes effective immediately. Your right to use the SWAP App will continue until you or we end our agreement under these Licence Terms.
In return for your agreeing to comply with these Licence Terms, you may use the SWAP App (including any updates to the SWAP App we make available to you) on an unlimited number of mobile / handheld devices, and view, use and display the SWAP App on those devices for your personal, non-commercial use.
The right to use the SWAP App is personal to you. You may not transfer the SWAP App with or to someone else (whether for money or anything else or for free). Anyone else wishing to use the SWAP App must agree to these Licence Terms directly. If you sell any device on which the SWAP App is installed, you must remove the SWAP App from it.
Packs and Collectibles
If you buy and download Packs when you use the SWAP App, you do not own those Packs (or the individual Collectibles within them). In addition, you do not own any Collectibles which you receive when you swap with other users. Instead, you get the right to use the Collectibles that you buy or receive from a swap so that you can use them in accordance with these Licence Terms.
Collectibles do not have any monetary value once you have bought them and cannot be resold or exchanged for real money, goods or services from us or anyone else. We reserve the right to delete your account if you or we end our agreement under these Licence Terms.
6. Registration and your account
In order to use the SWAP App, you will need to register for and create an account within the SWAP App.
When you register to use the SWAP App, you agree to provide accurate, current and complete information about yourself (including your date of birth so that we can verify your age). If you do not, we reserve the right to suspend or terminate your account.
You may only create a single account, and multiple accounts (whether or not using different names, email addresses or nicknames) are not permitted. We reserve the right to suspend or terminate any accounts which we consider have been created in breach of this restriction.
7. Buying Packs as in-app purchases
You can buy Packs as in-app purchases when you use the SWAP App. Although you do not have to buy Packs in order to use the SWAP App (and although we may enable you to access and download certain Packs or Collectibles on a promotional basis), your enjoyment of the features and functionality of the SWAP App will be limited if you choose not to do so, as you will not be able to download club-specific Packs, for example, and swap the Collectibles within them with other users.
If you buy any Pack on the SWAP App, your payment will be processed via your App Store. Your App Store will determine the methods of payment available to you, and you must comply with the terms and policies (set by your App Store or any other third party) which apply to that transaction.
You can only use Packs (and the individual Collectibles in those Packs) within the SWAP App. If you buy a Pack as an in-app purchase, you acknowledge that you cannot cancel that purchase once you have started to download it. This is without prejudice to your statutory rights (if any) applicable in your country, in relation to any Packs which you have bought but not yet downloaded.
If you have an issue with any Collectible or Pack which you have downloaded (for example, if a download does not work for any reason), please contact us at [email@example.com]. We will then investigate this issue and act reasonably in deciding whether to provide you with a replacement Collectible or Pack or to resolve the issue in another way. We will not charge you to replace or repair the Collectible or Pack. If for any reason we are unable to replace or repair the relevant Collectible or Pack, or we cannot do so within a reasonable period of time and without significant inconvenience to you, we will authorise your App Store to refund you with an amount up to the cost of the relevant Collectible or Pack. Alternatively, if you would like to request a refund, you can contact your App Store directly.
Although in-app purchases will always be offered to you within the SWAP App, you can turn off or manage in-app purchases, or set parental controls on your device (or on a device used by a child (under 16) authorised by you) by reviewing the settings on that device. For more information on how to do this, please check your device manual and your App Store’s terms and policies.
You are fully responsible for managing any in-app purchases you make on the SWAP App and the amount you spend on these purchases via your App Store. If you have any issues related to payment for Packs or other in-app purchases, you should contact your App Store directly.
8. Devices, accessibility and security
The SWAP App can be operated from a wide range of mobile and handheld devices, subject to having suitably memory capacity. The SWAP App is developed as a mobile app for use on a number of iOS and Android mobile operating systems. We do not guarantee, however, that the SWAP App can be accessed and used on all devices or wireless service plans, nor do we guarantee that the SWAP App is available in all geographic locations. The functionalities and features of the SWAP App may also differ between devices. Please contact us if you would like further information on minimum system requirements.
We are not responsible for issues relating to the internet generally, such as broadband availability, connection speed and other matters outside of our control which may affect the quality and availability of the SWAP App, and your ability to use it.
Separately, you may also experience a slight delay in any interactions and transactions you make (for example, any trading of Collectibles and buying of Packs) from appearing on the SWAP App.
While we take reasonable measures in accordance with good industry practice to ensure the SWAP App is secure, we cannot guarantee that it will be secure or free from bugs or viruses. You should therefore take your own precautions in this regard, including using your own virus protection software.
9. Third party fees and data charges
Your (or the device owner’s) internet / mobile service provider or other third parties may charge you for accessing the SWAP App on your device, including data charges. These charges, and any other similar costs to use the SWAP App, are your (or the device owner’s) responsibility. You will not be paid in any way for using the SWAP App.
10. Your responsibilities
You confirm you own, or have obtained permission from the owner of, any device that you are using to access the SWAP App. You will be responsible for complying with these Licence Terms, whether or not you own the device. You are responsible for all uses of the SWAP App through your account (including use by others) and for complying with these Licence Terms, whether or not you own the device that the SWAP App is being used on.
If you provide an email address and password for your account, or any other piece of information as part of our security procedures (such as a username), you must treat such information as confidential. You agree to keep your account details safe and you must not disclose that information to anyone else.
If you know or suspect that anyone other than you knows your account details or you become aware of any other breach of security, you must promptly notify us at firstname.lastname@example.org.
If you allow children to use the SWAP App on your device, it is your responsibility to supervise them appropriately, for example to prevent them from altering the SWAP App settings, making in-app purchases (if relevant) or to prevent them inappropriately accessing or using other apps on the device (such as apps with age-inappropriate content).
You also agree to treat the information of other SWAP App users confidentially and agree not to share it with anyone else. You must let us know if you know or suspect that anyone else has gained access to other SWAP App users’ information via your account or your device.
12. Updates to the SWAP App
As the SWAP App evolves, we may make updates or modifications to improve its functionality, enhance performance, reflect changes to users' needs, address security issues or for other purposes. We may ask you to update the SWAP App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the SWAP App.
These updates or modifications may result in loss of content, data or progress within the SWAP App. We reserve the right to make these updates or modifications and will not be held liable to you for such updates or modifications and their resulting loss of data or progress.
13. We are not responsible for other sites or services
The SWAP App may contain links to other independent sites or services which are not provided by us. These independent sites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites and services, including whether to buy any products or services offered by them.
14. Licence restrictions
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the SWAP App in any form, in whole or in part to any person without prior written consent from us;
· not copy the SWAP App, except as part of the normal use of the SWAP App or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the SWAP App, nor permit the SWAP App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the SWAP App on devices as permitted in these Licence Terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the SWAP App nor attempt to do any such things, except to the extent that such actions cannot be prohibited under applicable law; and
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the SWAP App.
15. Acceptable use restrictions
· not use the SWAP App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Licence Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the SWAP App or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the SWAP App;
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the SWAP App;
· not use the SWAP App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from the SWAP App or our systems or attempt to decipher any transmissions to or from the servers running the SWAP App.
16. Intellectual property rights
All intellectual property rights in the SWAP App, and any patches and updates to it, whether currently in existence or created in the future, and wherever they exist in the world, belong to us or our licensors. Those rights are licensed, not sold, to you.
You agree that your use of the SWAP App does not create any intellectual property rights of your own in, or to, the SWAP App. All rights in any outputs from your use of the SWAP App, including the results of any surveys or feedback, will be owned by us.
Our reference to “intellectual property rights” in this section includes, but is not limited to, all of the following: titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, any related documentation, and “applets” incorporated into the SWAP App.
You acknowledge and agree that the content contained in, and your use of, the SWAP App that is not already publicly available shall be considered strictly confidential unless we explicitly authorise public disclosure. You undertake that you will respect and preserve the confidentiality of the SWAP App, both while you are using it and if you stop using it for any reason.
You must not disclose, post, disseminate or otherwise publish any confidential information in or relating to the SWAP App, without our explicit written permission. This includes publishing or posting such confidential information on the internet or social media.
In addition, you must not use any confidential information or any functions, features, concepts, content or images in or relating to the SWAP App for any commercial, industrial or other purpose or benefit.
18. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Licence Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Licence Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Your only right or remedy with respect to any problems or dissatisfaction you have with the SWAP App for unforeseeable loss or damage is to uninstall it or stop using it. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Licence Terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us and you should take all reasonable measures to protect your data, including regular backups.
We are not liable for business losses. The SWAP App is for domestic and private use. If you use the SWAP App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the SWAP App. The SWAP App is provided for entertainment purposes only and use of the SWAP App is at your own risk. The SWAP App is provided on an “as is” and “as available” basis. Although we make reasonable efforts to update the information provided by the SWAP App, except as required by law, we give no warranty, representation or guarantee, express or implied, as to the quality, content, availability, uptime or fitness for a specific purpose of the SWAP App.
Our responsibility for Packs you buy as in-app purchases. If you have bought a Pack as an in-app purchase, and the Pack (or any Collectibles within that Pack) are not of satisfactory quality, fit for purpose or as described, you are entitled to:
· request that we, at our own cost, repair or replace the relevant Pack or Collectible(s) within a reasonable period of time; or
· receive a refund without undue delay of an amount up to the price you paid for the relevant Pack or Collectible(s) where repair or replacement is impossible or cannot be done within a reasonable period of time or without significant inconvenience to you.
19. You may end these Licence Terms
You may end your agreement with us under these Licence Terms at any time by discontinuing your use of the SWAP App and deactivating your account. If you decide to end your agreement with us, you should delete the SWAP App from your device.
Deleting the SWAP App from your device will also delete any information you have generated within the SWAP App, and may delete any information created in a previously installed version of the SWAP App. Deleting the SWAP App will not delete information that you have provided to us or which we have collected through the SWAP App. To request deletion of that shared information, please contact us directly by e-mailing us at email@example.com.
20. We may suspend or end your right to use the SWAP App
We may suspend or end your right to use the SWAP App (for example, by contacting you or by deactivating your account) at any time for any reason, including the following:
· you do not comply with these Licence Terms (or any terms or policies which they refer to);
· you do not use your account for a prolonged period; or
· you create a possible risk or legal exposure to us.
You must stop using the SWAP App immediately if we suspend or end your right to use it. In addition, if we end your right to use the SWAP App, you must delete or remove it from the devices in your possession and (if we request it) confirm to us that you have done this.
21. Dealing with others
We may transfer our rights and obligations under these Licence Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may not transfer your rights under these Licence Terms to another person.
Only you and we can enforce these Licence Terms. They do not confer any rights on any persons who are not party to these Licence Terms.
Each of the paragraphs of these Licence Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Licence Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Licence Terms are governed by English law. If either of us wishes to bring legal proceedings, we both agree we must do so in the English courts.
We may need to change these Licence Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by
sending you an email with details of the change or notifying you of a change when you next start the SWAP App. If you do not accept the notified changes you will not be permitted to continue to use the SWAP App.
TRADE MARK AND COPYRIGHT NOTICES
Arsenal, the Arsenal Shield, the Arsenal Cannon and any other trademarks owned by The Arsenal Football Club Plc reproduced on this product are trademarks and designs protected by copyright and/or design rights, and/or other forms of intellectual property, that are the exclusive property of The Arsenal Football Club Plc. and may not be used, in whole or in part, without the written consent of The Arsenal Football Club Plc.