Terms of Service

Last Revised on November 7, 2023

Welcome to the Terms of Service (these “Terms”) for the websitewww.radon.gg (the “Website”), and all content and functionalities accessible via our Website (collectively, the “Services”), as operated by or on behalf of Radon Network Guidance (“Foundation,” “we,” or “us”), a Cayman Islands foundation company.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Section 9 contains an arbitration clause. By agreeing to these Terms, you agree to resolve all disputes with us related to the Services through binding individual arbitration (unless expressly provided otherwise in Section 9), which means that you waive any right to have those disputes decided by a judge or jury.

SERVICES; WALLETS; ACCOUNTS

Digital Wallets. To use certain of the Services, you need to link to the Services via a non-custodial wallet made available by one or more third parties (a “Third-Party Wallet”), and that is compatible with the Avalanche network and the Services. A list of supported wallets may be displayed by us, such as on the Website. Linking a Digital Wallet to the Services is required to be able to purchase, store, and engage in certain transactions using the Services. We may not be able to help you recover assets associated with your Digital Wallet. We do not own or control the assets associated with your Digital Wallet. We accept no responsibility or liability to you in connection with your use of a Digital Wallet and make no representations or warranties regarding how the Services will operate with any specific Digital Wallet. The private keys, credentials, passwords, seed phrases, or secret recovery passphrases necessary to decrypt or gain access to a Digital Wallet are held solely by you, and not by us. If you choose to transfer items from one Digital Wallet to another, such transfers will occur on a public blockchain we accept no liability or responsibility for any such transfer, including for any loss, data corruption, or other negative impact that may occur to your Offerings or Digital Wallets or other assets when attempting to transfer assets between Digital Wallets. We reserve the right, with or without prior notice and in our sole and complete discretion, to discontinue, modify, or limit the operation of any Digital Wallet with the Services. You represent and warrant that you are the lawful owner of any Digital Wallet and that you are using that Digital Wallet under the terms and conditions of the applicable provider of the Digital Wallet.

To the extent that you use a Third-Party Wallet, the following additional terms apply: Third-Party Wallets are not associated with, maintained by, controlled by, or affiliated with us. If you have any issues with your Third-Party Wallet, please contact the applicable provider. You represent and warrant that you are the lawful owner of any Third-Party Wallet and that you are using that Third-Party Wallet under the terms and conditions of the applicable provider of the Third-Party Wallet.

Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Foundation establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold, or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Foundation; (d) may be disabled or have additional conditions applied to them by the Foundation at any time for any reason without liability to the Foundation; (e) may only be used pursuant to the specific terms that the Foundation establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings sold by us, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offerings prices to the Services. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offerings descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time.
ALL SALES FINAL. ALL PURCHASES MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR REGULATION (AND IN SUCH INSTANCES WHERE REQUIRED BY APPLICABLE LAW, THE FOUNDATION’S ABILITY TO ISSUE ANY SUCH REFUND IS LIMITED TO WHETHER THE APPLICABLE SMART CONTRACT ENABLES THE FOUNDATION TO REASONABLY REVERSE OR CANCEL A TRANSACTION). NEVERTHELESS, YOU ACKNOWLEDGE THAT THE FOUNDATION DOES NOT IN MOST CASES HAVE THE ABILITY TO REVERSE OR CANCEL A TRANSACTION AND IS NOT REQUIRED OR OBLIGATED TO PROVIDE A REFUND OF ANY PURCHASE FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR TIME, ITEMS, AMOUNTS, OR VALUES, EVEN IF AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

LOCATION OF OUR PRIVACY POLICY AND OTHER TERMS

Privacy Policy. You will be required to provide certain personal information in order to use our Services. In providing this information, you confirm that this information has been provided in accordance with applicable laws and regulations, including, without limitation, those relating to privacy and the use of personal information. Our Privacy Policy describes how we handle the personal information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.radon.gg/privacy-policy
Other Terms. In connection with your use of the Services, you also agree to abide by the following other Services-related policies: our Discord Rules and our Community Guidelines (as presented to you if you join our Discord channel).

ELIGIBILITY; RIGHTS WE GRANT YOU; USAGE LIMITATIONS

Eligibility. You must be 18 years of age or older to use the Services. Additional aspects of the Services may have further age restrictions that will be presented to you in connection with those Services. Minors under the age of majority in their jurisdiction but that are at least 18 years of age are only permitted to use the Services if the minor’s parent or guardian or other holder of parental authority accepts these Terms on the minor’s behalf prior to use of the Services. Individuals under the age of 18 are not permitted to use the Services. You cannot use the Services if (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) either you, the country you are located in, or persons connected to you, are on any similar list promulgated by an official agency or department of the United States government, the United Nations Security Council, the European Union, the United Kingdom's Office of Financial Sanctions Implementation or the Cayman Islands Governor/Financial Reporting Authority. Further, if you use the Services, you may not transfer or provide to us any currency, digital assets, or other items that have been derived from any illegal or unlawful activity. By using the Services, you represent and warrant that you meet these all requirements.
User Account. Though your linked Digital Wallet will function as a unique identifier for you in respect of your use of certain portions of the Services, we may additionally require you to create an account in order to use certain portions of the Services (to the extent applicable, your “Account”). To the extent that we require you to create an Account, we will provide you with instructions on how to do so, and once created, how to access, edit, and update your Account. In your creation, editing, or updating of any such Account, you agree to provide us with accurate, complete, and updated information. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account.
License Grant.

Subject to your compliance with these Terms, the Foundation hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the software provided to you as part of the Services (and, to the extent we offer you any software for download as part of the Services, to download, install, and execute a single copy of such software onto the equipment or device specified or approved by us). This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms, and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Foundation, in its sole discretion, may elect to take.
We understand that part of what makes our community so great is its interest in developing tools and services that are helpful for other users of our Services and expand Shrapnel the Game (“Game”), such as guild directories, Game-related guides, or other Game-related creative content (“User Services”). This section sets out your permissions to use the Radon Network Guidance name and logo (“Radon Mark”), Shrapnel name and logo (“Shrapnel Mark”) in connection with such User Services, to reproduce and display Foundation and Shrapnel audiovisual assets, artwork, images for Game Items, and other Services-related content and content derived from the Services (“Content”) as part of your User Services. Subject to your compliance with these Terms, if you have developed a User Service that provides value to users of the Game (as determined in our sole discretion), the Foundation hereby grants to you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use or reproduce the Radon Mark and Shrapnel Mark but solely as needed to identify that your User Service is related to the Game, and a right to reproduce Content to be able to identify Content to users of User Services, and provided that in all cases (unless expressly authorized in writing by the Foundation), such uses: (i) are strictly for non-commercial and not-for-profit purposes; (ii) include the language "Inspired by Shrapnel" in a prominent place; (iii) include the following notice in a prominent place "[Name of your use] is inspired by Shrapnel. Shrapnel is a trademark or registered trademark of Neon Machine, Inc. in the United States of America and elsewhere."; (iv) do not use the Radon Mark, Shrapnel Mark or Content in a manner that is likely to cause confusion, deception, or mistake about the source of the User Service; and (v) comply in all respects with any quality control guidelines that we may implement from time to time in our sole discretion. Notwithstanding the foregoing, we may at any time and in our sole discretion revoke the license granted in the preceding sentence and require that you discontinue any use or reproduction of any of our Radon Marks, Shrapnel Marks, Content, copyrights, trademarks, service marks, trade names, slogans, logos, images, or other proprietary notations, and you agree to immediately comply with such requirement.
When you purchase a NFT, you own the NFT as a token on the blockchain, but you do not own any intellectual property rights in the related Content associated with such NFT except for the license grants expressly set forth herein and as set forth in any applicable third-party license. If you purchase or otherwise lawfully acquire a NFT, then subject to your compliance with these Terms, the Foundation hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Content that is specifically associated with such purchased NFT, and solely for the following purposes: (a) for your own non-commercial and not-for-profit use within or related to the Services and not otherwise in conflict with these Terms or any other Services-related policies (e.g., not to create and sell merchandise related to such Content); (b) as part of the Marketplace and any other marketplace that permits the purchase and sale of your NFTs, provided that the marketplace cryptographically verifies that only the actual owner can display the Content in connection with their sale of their NFT; or (c) as part of a third-party website or application that permits the display, inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT’s ownership of the NFT to ensure that only the actual owner can display the Content, and provided that the Content is no longer visible once the owner of the NFT leaves the website/application. This license only lasts as long as you are the valid owner and holder of the NFT associated with the licensed Content. If you sell or transfer the NFT to another person, this license will transfer to such other owner or holder of the NFT, and you will no longer have the benefits of such license. All rights not expressly granted are reserved.

Restrictions On Your Use of the Services. You may not do, or assist others in doing, any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

download, modify, copy, distribute, transmit, translate, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or other materials or information contained on, or obtained from or through, the Services;
duplicate, decompile, reverse engineer, disassemble, decode or derive source code from the Services (including any underlying idea or algorithm), or attempt to do any of the same, except if we have permitted you to do so (such as under an open source license we have granted);
use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed by Foundation on or through the Services, including to promote, advertise, market, or sell any third-party product or service or merchandise, or for any other purpose not expressly authorized by Section 3.3(b) above;
use, offer, promote, advertise, make available, and/or distribute the following or assist therein:

automation software (bots) (i.e., any code and/or software, not expressly authorized by the Foundation, that allows the automated control of the Services,
hacks (i.e., accessing or modifying the software of the Services in any manner not expressly authorized by the Foundation),
modifications (mods) not expressly authorized by the Foundation, or
any other code and/or software, not expressly authorized by the Foundation, including third-party software, that can be used in connection with the Services

engage in any manipulative activity that violates the integrity of the prices of assets on the Marketplace, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading;
access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software, or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
use any unauthorized robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same, provided, however, that the Foundation may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
exploit a design flaw, undocumented problem, or program bug in the Services, including but not limited to creating, using, or transacting with any in-Game item created or copied by such exploit;
host, provide, or develop matchmaking services for the Game(s), or intercept, emulate, or redirect the communication protocols used by the Foundation in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by the Foundation), or as part of content aggregation networks;
facilitate, create, or maintain any unauthorized connection to the Services including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (ii) any connection using third-party programs or tools not expressly authorized by the Foundation;
allow another party/person/entity access to your account information or game session or otherwise share your account;
attempt to sell, sublicense, rent, lease, grant a security interest in, or otherwise transfer any copy of the Services, any component thereof, or your rights to the Services to any other party in any way not expressly authorized herein;
introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
use the Services for illegal, harassing, unethical, or disruptive purposes, including engaging in any conduct intended to disrupt or diminish the game experience for other players or disrupt operation of the Foundation’s services in any way, including:

disrupting or assisting in the disruption of any computer used to support the Services, or
harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity, or disconnecting;

use the Services in such a way as to infringe the privacy, intellectual property rights, or other rights of third parties;
violate any applicable law or regulation in connection with your access to or use of the Services; or
(s) access or use the Services in any way not expressly permitted by these Terms.

Use of the Services. You are responsible for providing the computer, mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use any aspect of the Services. We do not guarantee that any aspect of the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that any aspect of the Services or will be available in, or that orders for Offerings can be placed from, any particular geographic location.
Right to Monitor.

THE FOUNDATION RESERVES THE RIGHT, BUT NOT THE RESPONSIBILITY OR ANY OBLIGATION, TO ACTIVELY MONITOR THE USE OF THE SERVICES AND USE ANY INFORMATION GATHERED DURING SUCH MONITORING FOR ANY PERMISSIBLE PURPOSES UNDER THE PRIVACY POLICY WHICH SETS OUT THE LEGAL BASIS FOR THE TRANSFER OF PERSONAL INFORMATION TO THE FOUNDATION.

OWNERSHIP AND CONTENT

Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, user interface, design, images, logos, icons, software), content, data, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Foundation and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than User Content, defined below), including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks. The Foundation’s name, stylized logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Foundation or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Feedback. We welcome feedback, bug reports, comments, and suggestions for improvements to the Services, but please do not send suggestions for creative ideas, designs, pitch portfolios, or other similar such materials (“Unsolicited Ideas”). We may currently be developing, have developed, or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may purely by coincidence be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant the Foundation a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import, and otherwise exploit in any manner or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose, without compensation to you.
User Content License Grant.

User Content. “User Content” means any and all information and content that a user submits to posts, uploads, is made available through the Services, or uses with, the Services, including, without limitation, user profiles, comments, user avatars, guild names, sound files, images, music files, game assets, and other user generated content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any applicable law and will be in full compliance with our acceptable use policy as may be updated from time to time. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Foundation. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the acceptable use policy. Foundation is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
In order to operate the Services, we must obtain from you certain license rights in User Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading User Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) User Content to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide, and irrevocable (for so long as User Content is stored with us), and include a right for us to make User Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose User Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag User Content and/or to use, publish, display, modify, or include a copy of User Content as part of their own use of the Services; except that the foregoing shall not apply to any of User Content that you post privately for non-public display on the Services. By posting or submitting User Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for User Content. You agree that User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

Notices of copyright infringement claims should be sent by mail to: Radon Network Guidance at c/o Highvern Cayman Limited, Elgin Court, Elgin Avenue, P.O. Box 448, Grand Cayman KY1-1106, Cayman Islands; or by e-mail to [email protected]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others when using the Services.

THIRD-PARTY SERVICES AND MATERIALS

Use of Third-Party Materials in the Services. Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Foundation is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

UPDATES AND PATCHES

The Foundation (or a third party on the Foundation’s behalf) may deploy or provide patches, updates, and modifications to the Services that must be installed for you to continue to use the Services. The Foundation may update the Services remotely, including, without limitation, any aspect of the Services residing on your computer or game machine, without your knowledge or consent, and you hereby grant to the Foundation your consent to deploy and apply such patches, updates, and modifications as the Foundation, in its sole discretion, deems necessary or advisable. You also agree that the Foundation may change, modify, suspend, “nerf,” “buff,” discontinue, or restrict your access to any features or parts of the Services at any time without notice or liability to you.

TERMINATION

You acknowledge and agree that the Foundation, in its sole and absolute discretion, may (i) stop providing support for or access to the Services at any time, for any reason or no reason, and (ii) terminate your right to use the Services and terminate these Terms immediately at any time without notice or liability to you.
In the event of termination of these Terms or your rights or license granted hereunder, you must (i) cease to use the Services; (ii) immediately and permanently remove from all of your devices all aspects of the Services in your possession and control. Upon termination of these Terms for any reason, all licenses granted herein immediately shall terminate.

DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

DISCLAIMERS. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE FOUNDATION, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, SUPERVISORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “FOUNDATION ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOUNDATION ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, USER CONTENT, DATA, AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FOUNDATION ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. FOR CLARITY, WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE FUNCTIONALITY OF THE AVALANCHE BLOCKCHAIN AND/OR THE EXECUTION OF SMART CONTRACTS AND/OR TRANSACTIONS THEREIN.
LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE FOUNDATION ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE FOUNDATION ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOUNDATION ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID THE FOUNDATION ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM, OR (II) $100 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify, and hold the Foundation Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Foundation Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) User Content, or (e) your negligence or willful misconduct.
Assumption of Risks. You acknowledge and agree that there are risks associated with purchasing and holding NFTs and using blockchain technology. These include, but are not limited to, risk of losing access to NFTs due to loss of a PIN, wallet keys, seed phrases, two-factor authentication devices, or log-in information, user error when transferring NFTs, custodial error or purchaser error, smart contract error, risk of blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks. You acknowledge that you have obtained sufficient information to make an informed decision to purchase a NFT, including carefully reviewing the code of the smart contract and the NFT, and fully understand and accept the functions of the same. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services, and therefore the potential utility or value of your NFTs. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks, may have unintended, adverse effects on all blockchains, including any that are related to your NFTs. By using the Website, you acknowledge and agree that we are not operating an exchange for digital assets, or providing digital asset transfer or custody services to you.
Taxes. You are solely responsible to pay any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services. Except for income taxes levied on us, you: (a) will be solely responsible for reporting any tax obligations when, if ever, such obligations arise as a result of your use of the Services or in relation to an Offering; (b) will pay or reimburse Foundation for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value added taxes and other taxes as may be required, and amounts levied in lieu thereof based on charges set, services performed, or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local, or any other taxing jurisdiction; and (c) will not be entitled to deduct the amount of any such taxes, duties, or assessments from payments (including transaction fees) made to us pursuant to these Terms. Neither these Terms nor any other communication from the Foundation constitutes tax advice, and users are solely responsible for determining what, if any, taxes apply to their interaction with Offerings and the Services.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in operating the Services, when and to the extent such failure or delay is caused by or results from any events beyond the Foundation’s ability to control, including flood, fire, earthquake, epidemics, pandemics, quarantine restrictions, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown, shortage of adequate power or electricity, and other similar events beyond our control.
Data Protection. Any personal data that we collect (or is collected by third parties on our behalf) will be processed in accordance with the Cayman Islands Data Protection Act (as amended). You agree that all personal data provided to us or third parties on our behalf, is provided in accordance with applicable laws and regulations, including, without limitation, those relating to privacy or the use of personal data.
NO VIRTUAL ASSET SERVICE. YOU ACKNOWLEDGE AND AGREE THAT OUR PROVISION OF PRODUCTS DOES NOT CONSTITUTE A VIRTUAL ASSETS SERVICE AS DEFINED UNDER THE VIRTUAL ASSETS (SERVICE PROVIDERS) ACT OF THE CAYMAN ISLANDS.
Not Registered with CIMA. We are not licensed or registered with the Cayman Islands Monetary Authority as a virtual asset service provider, or in any other capacity. You understand and acknowledge that we do not provide virtual asset services as defined under the Virtual Asset (Service Providers) Act of the Cayman Islands.

GOVERNING LAW; ARBITRATION;

Governing Law. These Terms will be governed by and construed in accordance with the laws of the Cayman Islands, without regard to or application of conflicts of law rules or principles.
Informal Process First. You agree that in the event of any dispute between you and the Foundation Entities, you will first contact the Foundation and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action or arbitration.
Arbitration. After the informal dispute resolution process described in Section 9(2), any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by binding arbitration to be administered by the Cayman International Mediation and Arbitration Centre (CIMAC) and governed by the Arbitration Act (as amended) of the Cayman Islands. The arbitration shall be conducted in the English language and the place of arbitration shall be in the Cayman Islands. The number of arbitrators shall be one. The decision of the sole arbitrator to any such dispute, controversy, difference or claim shall be final and binding upon both parties. If any litigation or arbitration is necessary to enforce the terms of these Terms, the prevailing party will be entitled to have their attorney fees paid by the other party. Each party waives any right it may have to assert the doctrine of forum non conveniens, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith.
Confidentiality. You and Foundation agree that any Claim that has been submitted to arbitration, and all related proceedings, including any settlement agreement, shall be kept confidential. In the event you or the Foundation file the arbitration award with any court of competent jurisdiction in order to have that award confirmed in a court order or judgment, then each party shall take measures to the extent permitted by applicable law to redact or file under seal any highly sensitive business or personal information that appear in the award and any other supporting documents filed in such a proceeding.

ADDITIONAL PROVISIONS

Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised On” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Foundation will terminate automatically. Additionally, the Foundation may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Foundation deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name or wallet address. In the event of Account deletion for any reason, the Foundation may, but is not obligated to, delete any of User Content. The Foundation shall not be responsible for the deletion of or failure to delete User Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Foundation or you. Termination will not limit any of the Foundation’s other rights or remedies at law or in equity.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Foundation for which monetary damages would not be an adequate remedy and the Foundation shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Foundation hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or (c) to anyone on lists of restricted parties maintained by the United Nations, the European Union, the United Kingdom or the Cayman Islands (collectively, the "embargoed parties"). You warrant and represent that you are not located in, under the control of, or a national or resident of any embargoed parties. By using the Services, you represent and warrant that you are not located in any such country, on any such list or controlled by any person or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable export and sanctions laws and regulations.
Miscellaneous. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Foundation but may not be assigned by you without the prior express written consent of the Foundation. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. [The Services are operated by us in the Cayman Islands. Those who choose to access the Services from locations outside the Cayman Islands do so at their own initiative and are responsible for compliance with applicable local laws.
How to Contact Us. You may contact us regarding the Services or these Terms at: Radon Network Guidance at c/o Highvern Cayman Limited, Elgin Court, Elgin Avenue, P.O. Box 448, Grand Cayman KY1-1106, Cayman Islands or by email at [email protected].