Terms of Use

Version 0.1 – JULY 2021

WELCOME TO GREEN RABBIT HOLDINGS LLC, GREEN RABBIT ADVENTURES ONLINE GAME. BY USING OR ACCESSING GREEN RABBIT GAME (AS DEFINED BELOW), BY CALLING AN ACTION ON A GREEN RABBIT GAME SMART CONTRACT AND/OR BY CLICKING ON "I ACCEPT" ON THE SCREEN WHERE THIS AGREEMENT IS DISPLAYED, YOU ARE DEEMED TO AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF THIS AGREEMENT, AS SET OUT BELOW (THE "ACCEPTANCE"). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE, ACCESS, CONNECT TO OR REGISTER TO ACCESS GREEN RABBIT GAME AND YOU MUST IMMEDIATELY CEASE DOING SO. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE COMPANY OR LEGAL ENTITY (AND ITS EMPLOYEES) TO THIS AGREEMENT. THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN GREEN RABBIT HOLDINGS LLC, LOCATED IN LOS ANGELES, CALIFORNIA ("GREEN RABBIT HOLDINGS" OR "WE") AND YOU AND ANY OTHER PERSON, COMPANY OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT ("END USER" OR "YOU"). THESE TERMS OF USE INCORPORATE BY THIS REFERENCE AND MUST BE READ IN CONJUNCTION WITH OUR PRIVACY NOTICE AND COOKIES NOTICE.

 

1. Definitions

Unless otherwise defined in these Terms of Use, capitalized terms shall have the meanings set out in this Section 1.

“Acceptance” shall have the meaning ascribed in the header of this Agreement.

“Agreement” or “Terms of Use” shall mean these terms of use for GREEN RABBIT GAME.

“GREEN RABBIT GAME” shall mean any and all of (i) any GREEN RABBIT GAME smart contract, meaning a smart contract installed on any of the following accounts on the WAX blockchain: gr or any account in the format x.gr where “x” is any letter, or the account greenrabbit, greenrabpool, greenrabbits or greenrabpack; or a smart contract installed on a Permissioned Green Rabbit account, as well as (ii) the Website and (iii) any user interface, documents, materials and/or services made available through the Website (if any; collectively the "Services"), in each case as updated or amended from time to time.

“Member Client” shall mean the web front end which facilitates calling actions on GREEN RABBIT GAME and/or a Green Rabbit smart contracts.

“Green Rabbit Holdings” or “we” shall have the meaning ascribed in the header of this Agreement.

“End User” or “you” shall have the meaning ascribed in the header of this Agreement.

“Party” or “Parties” shall mean, as required by the relevant context, either you or us, or - respectively - you and us collectively.

“Permissioned Green Rabbit” shall mean an account initially created by Green Rabbit Holdings LLC and released to the users of GREEN RABBIT GAME that receives a daily allocation of Shellinium from gr.

“Green Rabbit Member Client” shall mean the account and smart contracts of the Permissioned GREEN RABBIT GAME and its decentralized autonomous community.

“Atomic Assets Smart Contract” means the smart contract installed in the Atomic Assets account on the WAX blockchain (viewable for example at https://wax.bloks.io/account/atomicassets) or any successor digital item standard in the database of which GREEN RABBIT GAME NFTs exist as a row.

“Reverse Engineer” shall mean the examination or analysis of GREEN RABBIT GAME to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices.

“Section” shall mean any section of this Agreement.

“The Website” is the website at "greenrabbitgame.io" (or such other URL as the website may subsequently be hosted at; the Website).

2. Form of Agreement and Interpretation

This Agreement shall apply and be binding on the End User following its Acceptance by the End User. It shall form an integral part of the agreement between the parties, and govern their rights and obligations, with regard to its subject matter.

No specific conditions and no other terms and conditions of the End User or any of its affiliates or any third party shall prevail over this Agreement, unless formally accepted in writing by Green Rabbit Holdings.

This Agreement shall not be construed against any party on the grounds that such party prepared or drafted this Agreement. In this Agreement, unless the context otherwise requires, (i) words in the singular include the plural and vice versa and words in one gender include any other gender, (ii) a reference to a statute or statutory provision includes any subordinate legislation made under it and any statute or statutory provision which modifies, consolidates, re-enacts or supersedes it whether such statute or statutory provision comes into force before or after the date of this Agreement.

3. License

3.1 Rights

Unless otherwise stated in this Agreement, Green Rabbit Holdings is the owner or licensee of all rights including all copyrights, trademarks and other intellectual property rights relating to or included within GREEN RABBIT GAME, the Website, Materials and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all Rights in respect of all graphics, logos, text elements, images and all other elements included in and deriving from the gameplay and virtual world featured in GREEN RABBIT GAME, including without limitation in-game names, characters, locations and any virtual assets or items ("Virtual Items") and their associated benefits or properties acquired or provided for use within GREEN RABBIT GAME.

Grant of License

GREEN RABBIT GAME is licensed, not sold, to you with the scope set out below. The license granted to you is limited in scope as described in Section 3.2.

3.2 Scope

The license is worldwide, non-commercial, non-exclusive, non-transferable, non-sublicensable and subject to the boundaries of the Permitted Use ("Scope"). The terms of this Agreement, including, without limitation, the Scope, will apply to GREEN RABBIT GAME and its use, including upgrades, unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement.

3.3 Age Restrictions

You must not use GREEN RABBIT GAME, the Website, Materials and Services if you are under 21 years of age.

Commercial use, streaming, video sharing:

The license is for personal and non-commercial use, it does not comprise the right to commercialize GREEN RABBIT GAME or elements thereof. You may not perform in-game services during your use of GREEN RABBIT GAME, the Website, Materials or Services for any form of compensation outside of GREEN RABBIT GAME. Notwithstanding the above, you have the right to capture and stream or otherwise distribute on live streaming platforms and/or video sharing platforms, subject to your adherence, at all times, with the terms and conditions of – and the additional obligations imposed by – such platforms, video content of your personal gameplay, provided that such video content shall (a) be compliant with the Posting and Image Policies, (b) be accessible to the general public free of charge and (c) shall contain a disclaimer whereas any views and opinions expressed in such video content are exclusively your own and do not represent views or opinions of Green Rabbit Holdings or any other person or entity associated with GREEN RABBIT GAME. Green Rabbit Holdings reserves the right to revoke such right with regard to existing or potential future content, if it deems any such video content, within its sole discretion, to be, or to potentially be, inappropriate or otherwise detrimental to the operation or commercialization of GREEN RABBIT GAME. In such event, you hereby agree to immediately remove from public access or alter, as instructed by Green Rabbit Holdings, upon first request of Green Rabbit Holdings, any such content and that you will not pursue Green Rabbit Holdings for any actual or potential loss you may incur in connection with such removal or alteration.

Comments and other forms of communication:

You may use GREEN RABBIT GAME commenting functions or other forms of communication within GREEN RABBIT GAME only in accordance with and in observation of (a) the posting policy pursuant to section 8 hereof (the "Posting Policy") and (b) the image policy pursuant to section 9 hereof (the "Image Policy").

No modifications, tampering or circumvention:

You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of GREEN RABBIT GAME, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of GREEN RABBIT GAME, its user interface and/or its operating principles.

No reverse engineering:

You may not Reverse Engineer GREEN RABBIT GAME or otherwise attempt in any way to derive or otherwise determine the source code for the operation of GREEN RABBIT GAME.

No copies, no derivative works:

You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of GREEN RABBIT GAME, the Website, Materials or Services other than in accordance with the License.

No use of bots:

You may not utilise any automated software or "bots" in relation to your access or use of GREEN RABBIT GAME, the Website, Materials or Services. No server overload: You may not knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the "Servers") to become overloaded or crash.

No multi-accounting:

You may not utilise more than one account to access or use the GREEN RABBIT GAME, the Website, Materials or Services with the intention or aim to circumvent any part of the Terms of Service nor any part of the GREEN RABBIT GAME gameplay mechanics. You may not move your NFTS, Shellinium or FTs between accounts or other players with the intention or aim to circumvent any part of the Terms of Service nor any part of the GREEN RABBIT GAME gameplay mechanics. Green Rabbit Holdings will review these instances on a case-by-case basis and, depending on the situation, allow specific accounts this ability in the interest of security such as those using a web wallet and local software wallet for the secure storage of their NFTs and not with the intention or aim to violate any part of the Terms of Service nor any part of the GREEN RABBIT GAME gameplay mechanics.

No unauthorized server access:

You may not connect to the Servers through any software other than the authorized game client software.

No data gathering and extraction:

You may not use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website.

No unauthorized use of trademarks, logos, proprietary names and graphics:

Without Green Rabbit Holdings written approval, you may not use any of Green Rabbit Holdings or GREEN RABBIT GAME logos, trademarks or other proprietary names or graphics. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to GREEN RABBIT GAME.

No unauthorized use of meta tags:

Without Green Rabbit Holdings written approval, you may not use any meta tags or other hidden text which incorporate Green Rabbit Holdings name or any of its intellectual property including trademarks.

The foregoing restrictions shall not apply if, and only to the extent that, any such restriction is prohibited by the applicable laws or license terms applicable to the use of open source components included in the GREEN RABBIT GAME. If you require certain interface information for compatibility, interoperability, maintenance or development purposes, you may request Green Rabbit Holdings to make such interface information available as required by applicable law.

Any use of GREEN RABBIT GAME other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your use of GREEN RABBIT GAME to ensure that you are adhering to the Permitted Use rules.

4. Account Registration, Username

To acquire or make full use of GREEN RABBIT GAME and any of the Website, Materials and Services you will need to register for a GREEN RABBIT GAME user account ("User Account"). By registering for a User Account, you warrant that all information and personal details you provide to Green Rabbit Holdings are correct. In addition, you acknowledge that you are aware that the Game can have a 21 years+ classification in certain jurisdictions and warrant that you are over 21 years of age. You may not transfer your registration or any rights you may have in your User Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your User Account.

You will be required to set a username for your User Account and as the case may be, other identifiers in relation to your access or use of GREEN RABBIT GAME, the Website, Materials and Services (any such usernames or identifiers "Usernames"). Usernames may be viewable by other users of any of GREEN RABBIT GAME, the Website, Materials and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.

Green Rabbit Holdings reserves the right without notice, explanation or liability to:

- restrict or remove your ability to freely set a Username;

- disallow any specific Username;

- edit any specific Username; and/or

- fully remove any Usernames from GREEN RABBIT GAME, the Website or anywhere else related to the Materials and Services (including as part of the GREEN RABBIT GAME' gameplay) where they appear or are stored.

Green Rabbit Holdings reserves the right, acting at its sole discretion, to refuse to accept your registration request for a User Account. To the greatest extent permitted by law, Green Rabbit Holdings also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your User Account or to restrict, limit or otherwise change your existing rights of access to your User Account, or any specific feature or benefit afforded to you in relation to your User Account, including without limitation in respect of any Virtual Items (any such action a "Ban"), if it believes, at its sole discretion, that you have breached these Terms of Use or any other agreements between the Parties or for any other reason whatsoever. In such event you agree that Green Rabbit Holdings will not be required to provide you with prior notice or explanation in respect of such action. Unless notified otherwise by Green Rabbit Holdings within 10 calendar days of such Ban, any Ban by which your access to your User Account is fully cancelled shall be deemed as an immediate termination of this Agreement pursuant to Section 19. In an event of a Ban, you agree that you will remain fully bound under the terms of this Agreement until its termination or expiry.

Green Rabbit Holdings may also, where it believes such action is necessary, without notice, block IP addresses of any users who Green Rabbit Holdings believes, at its sole discretion, have breached these Terms of Use.

5. Passwords, Access

You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow a third-party access to your User Account without first obtaining Green Rabbit Holdings written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Green Rabbit Holdings immediately if you know or suspect that your User Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.

You are solely responsible of ensuring that any process, devices and/or services you employ to access or use GREEN RABBIT GAME or any of the Website, Materials and Services (in particular, without limitation, to acquire, hold, manage and sell NFTs) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of Section 14, Green Rabbit Holdings excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use of GREEN RABBIT GAME or any of the Website, Materials and Services.

6. Virtual Items, Shellinium, NFTs, FTs

6.1 General rule

Subject to the following specific rules for Virtual Items issued as NFTs or Shellinium, you will have no ownership rights in any Virtual Items in GREEN RABBIT GAME. Such Virtual Items may be modified, replaced, altered or removed by Green Rabbit Holdings at any time under Section 10 of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay.

6.2 Shellinium

Green Rabbit Holdings may from time to time offer " Shellinium" for purchase or as an award for certain achievements within GREEN RABBIT GAME gameplay in accordance with the procedures and further terms specified within Green Rabbit Holdings sole discretion. Units of Shellinium may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens and may be used to pay for certain other Virtual Items, advantages and services within or in connection with GREEN RABBIT GAME, as may be offered from time to time. Shellinium may be purchased within the Services using WAXP or a promotional code or gift card. All sales of Shellinium are final and non-refundable to the extent permissible under applicable laws. Shellinium does not constitute personal property, has no cash value, and has no value outside of GREEN RABBIT GAME and/or the Services. Other than within the gameplay of GREEN RABBIT GAME, Shellinium may not be transferred or sold to any other person.

 

6.3 NFTs

Notwithstanding the above, GREEN RABBIT GAME gameplay allows its users to own certain specific virtual assets, as Green Rabbit Holdings may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens, as well as the underlying smart contracts ("NFTs"). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within GREEN RABBIT GAME' gameplay. Such NFTs are subject to the following policy:

Distribution of NFTs:

NFTs can be earned within GREEN RABBIT GAME in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of Green Rabbit Holdings, from time to time. In addition, Green Rabbit Holdings may at any time, but has no obligation to, offer NFTs for sale or otherwise distribute NFTs in such process and pursuant to such terms as Green Rabbit Holdings may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user of group of users of GREEN RABBIT GAME, the Website, Materials and/or Services or to third parties. Unless otherwise agreed with Green Rabbit Holdings in writing, users of GREEN RABBIT GAME, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by Green Rabbit Holdings.

Purchase of NFTs:

To purchase NFTs, you must have (i) an active User Account and (ii) an active WAX compatible digital wallet (a WAX-Account). Green Rabbit Holdings reserves the right, at its sole discretion, not to offer or to cease to offer NFTs for your purchase or to restrict your NFT purchases. NFTs may only be purchased at such purchase price and any NFTs available for purchase may only be purchased by such means and in accordance with such further terms and conditions as Green Rabbit Holdings may specify at its sole discretion from time to time.

Transfer of NFTs:

NFTs are not designed to be transferred other than within and as required by the gameplay of GREEN RABBIT GAME. Green Rabbit Holdings reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at Green Rabbit Holdings sole discretion (an "NFT Transfer Policy"). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the Website.

You acknowledge and understand that your transactions on the WAX platform are public and that your WAX address will be associated with these transactions. You further acknowledge and accept that you will be solely liable for any fees, costs, deductions or expenses associated with your transactions on the WAX platform. After an NFT is initially sold or otherwise released or put into circulation by us, we have no control over subsequent transactions. Accordingly, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to NFTs.

Risks related to the nature of the NFTs:

NFTs are subject to certain inherent risks, in particular because NFTs may be based or enabled by the Atomic Assets Smart Contract on the WAX Blockchain (or any successor digital item standard). These risks include, inter alia, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, selling and/or otherwise alienating NFTs:

i) There may not be a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid and you may not be able to effectively resell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be resold.

ii) NFTs may not have a use other than within GREEN RABBIT GAME, if at all.

iii) The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. We make no representations or warranties that any NFTs will retain increase their value. You might lose money.

iv) The WAX platform may subject your ability to purchase, hold, manage, use sell, and/or otherwise alienate NFTs to costs, fees, deductions or expenses, which you hereby agree to fully and solely bear.

v) The WAX platform may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.

vi) Atomic Assets accounts may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.

vii) Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the WAX platform, which could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.

viii) Other changes to the WAX platform could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.

6.4 FTs

Green Rabbit Holdings may from time to time offer Fungible Tokens (“FTs”) for purchase or as an award for certain achievements within GREEN RABBIT GAME gameplay in accordance with the procedures and further terms specified within Green Rabbit Holdings sole discretion. FTs may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens and may be used to pay for certain other Virtual Items, advantages and services within or in connection with GREEN RABBIT GAME, as may be offered from time to time. FTs may be purchased within the Services using WAXP or a promotional code or gift card. All sales of FTs are final and non-refundable to the extent permissible under applicable laws. FTs do not constitute personal property, have no cash value, and have no value outside of GREEN RABBIT GAME and/or the Services. Other than within the gameplay of GREEN RABBIT GAME, FTs may not be transferred or sold to any other person.

 

6.5 Withdrawal right

In the event of a Ban resulting in the termination of this Agreement or if this Agreement is otherwise terminated following a breach by the End User, Green Rabbit Holdings shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to Green Rabbit Holdings or such third party as Green Rabbit Holdings may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual FTs and/or (iii) all or individual units of Shellinium from the End User and to retransfer such NFTs, FTs and/or Shellinium, against such consideration (if any) as Green Rabbit Holdings may deem appropriate within its sole discretion, to itself or third parties.

 

6.6 Loss of access

If Green Rabbit Holdings withdrawal right is not exercised in connection with a Termination of this Agreement, the End User shall retain ownership of their NFT, FTs and their units of Shellinium. The End User acknowledges and accepts that they may not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs, FTs and/or units of Shellinium following a termination of this Agreement. To the greatest extent permitted by law and without limiting the generality of Section 14, Green Rabbit Holdings shall neither have any liability for any damage resulting from such loss of access, nor any obligation to refund the purchase price paid for the relevant NFTs, FTs and/or units of Shellinium to the End User.

 

7. Compliance

You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use GREEN RABBIT GAME to engage into any such activities and that Green Rabbit Holdings makes no representation in respect of, or otherwise in connection with, the suitability of GREEN RABBIT GAME and/or any output generated by using GREEN RABBIT GAME, to engage into any regulated activity or GREEN RABBIT GAME' or such output's compliance with laws and regulations applicable to such activities. Green Rabbit Holdings neither recommends, nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.

In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using GREEN RABBIT GAME and/or any output generated by using GREEN RABBIT GAME.

8. Posting Policy

This Posting Policy applies to any comments you post or any statements you make in any manner in connection with GREEN RABBIT GAME, in particular on the Website (which includes for the avoidance of doubt any associated forums, chat rooms and/or other messaging services) or any messages you send to other users of the Materials and Services (including as part of the GREEN RABBIT GAME gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services ("Posts").

Posts may neither, without the prior written approval of Green Rabbit Holdings:

- represent any views or opinions other than your genuine opinion of the matter in question; nor

- contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Green Rabbit Holdings at its sole discretion, or otherwise breach or infringe on any third party rights (in particular, without limitation, third party intellectual property rights) and/or applicable laws or court orders;

- advertise or promote any person or entity or their goods or services; nor

- breach any of the representations below.

You herewith grant Green Rabbit Holdings a perpetual, non-revocable, worldwide and royalty-free license to:

- make use of any Posts as Green Rabbit Holdings deems appropriate in relation to GREEN RABBIT GAME and/or any of the Website, Materials and Services or the promotion of the same; and

- sub-license third parties, on such terms as Green Rabbit Holdings deems appropriate, to make use of any Posts as Green Rabbit Holdings deems appropriate in relation to any to GREEN RABBIT GAME and/or any of the Website, Materials and Services or the promotion thereof.

You herewith unconditionally represent that, as of the date of any Post:

- you own all rights to your Posts or, alternatively, that you have all necessary rights to grant Green Rabbit Holdings the rights described above;

- you have paid and will pay in full any fees or other payments that may be related to the publication or other use of your Posts; and

- your Posts do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Green Rabbit Holdings reserves the right without notice, explanation or liability to:

- restrict or remove your ability to make Posts;

- disallow the posting of any specific Posts;

- edit any specific Posts; and/or

- fully remove any Posts from GREEN RABBIT GAME, the Website or anywhere else related to the Materials and Services (including as part of the GREEN RABBIT GAME' gameplay) where they appear or are stored.

 

9. Image Policy

This Image Policy applies to any images you make available in any manner in relation to any of the Website, Materials and Services (including as part of the GREEN RABBIT GAME gameplay) ("Images").

All rights of whatever nature (including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to GREEN RABBIT GAME, the Website, Materials and Services in accordance with this Image Policy.

Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Green Rabbit Holdings within its sole discretion, or Images otherwise in breach of or infringing on any third party rights and/or any applicable law or court order, are not permitted.

You herewith grant Green Rabbit Holdings a perpetual, non-revocable, worldwide and royalty-free license to:

- make use of any Posts as Green Rabbit Holdings deems appropriate in relation to GREEN RABBIT GAME and/or any of the Website, Materials and Services or the promotion of the same; and

- sub-license third parties, on such terms as Green Rabbit Holdings deems appropriate, to make use of any Posts as Green Rabbit Holdings deems appropriate in relation to any to GREEN RABBIT GAME and/or any of the Website, Materials and Services or the promotion thereof.

Green Rabbit Holdings reserves the right without notice, explanation or liability to:

- restrict or remove your ability to share Images or otherwise make them available;

- disallow the use of any specific Images;

- edit any specific Images; and/or

- fully remove any Images from GREEN RABBIT GAME, the Website or anywhere else related to the Materials and Services (including as part of the GREEN RABBIT GAME' gameplay) where they appear or are stored.

10. Support, Updates, Alterations, Discontinuation

Green Rabbit Holdings may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to GREEN RABBIT GAME on such terms as Green Rabbit Holdings may determine within its sole discretion.

At all times, Green Rabbit Holdings retains the right to use and/or dispose of the Rights as Green Rabbit Holdings, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.

In particular, without limitation, Green Rabbit Holdings has the right, but no obligation, to maintain, modify and/or update GREEN RABBIT GAME within its sole discretion. Green Rabbit Holdings may, but has no obligation to, provide technical support in respect of GREEN RABBIT GAME.

You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality of GREEN RABBIT GAME.

Green Rabbit Holdings does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law Green Rabbit Holdings does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Green Rabbit Holdings.

Green Rabbit Holdings reserves the right, but has no obligation, to license updated iterations of GREEN RABBIT GAME separately and under different terms.

11. Use of Data

11.1 Use of Data by Green Rabbit Holdings

You agree that Green Rabbit Holdings may collect and use technical data and related information - including but not limited to technical information about your devices, systems and application software, and peripherals - that is gathered periodically to facilitate the provision of updates, support, and other services to you (if any) related to GREEN RABBIT GAME. Green Rabbit Holdings may use this information in a form which does not identify individuals.

Green Rabbit Holdings will use industry standard administrative, physical and technical safeguards to protect any data collected in accordance with this provision and the Privacy Policy. If a court or government agency orders us to disclose any of your personal data, you will be promptly notified so that an appropriate protective order or other remedy can be obtained unless the court or government agency prohibits prior notification.

11.2 Publicity of Data

You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the WAX Blockchain. Such data includes, but is not limited to, information identifying and/or otherwise pertaining to your User Account and your WAX account.

11.3 Privacy Policy

Unless specified otherwise herein, all use of data shall be subject to Green Rabbit Holdings privacy policy, as amended from time to time (the "Privacy Policy"). The Privacy Policy, as currently in force, is available on the GREEN RABBIT GAME website.

 

12. Loss of Data

In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general GREEN RABBIT GAME gameplay) relating to you or your use of any of GREEN RABBIT GAME, the Website, Materials and Services held by Green Rabbit Holdings or any third-party on behalf of or in coordination with Green Rabbit Holdings is lost, corrupted or otherwise no longer reasonably available or accessible as determined by Green Rabbit Holdings in its sole discretion, you agree that to the greatest extent permissible at law Green Rabbit Holdings will have no liability to you of any nature relating to any such information or data.

13. No Representations and Warranties

Green Rabbit Holdings does not make any representation or give any warranty in respect to any characteristics of GREEN RABBIT GAME. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while Green Rabbit Holdings has endeavoured to take all reasonable measures and apply appropriate care in the preparation of the content of GREEN RABBIT GAME, the Website, Materials and Services, we do neither represent nor warrant that:

- GREEN RABBIT GAME runs uninterrupted and error-free;

- the use of GREEN RABBIT GAME is fit for any particular purpose and does not infringe upon any third party's intellectual property rights;

- any information contained in GREEN RABBIT GAME and/or any of the Website, Materials or Services is accurate, adequate, complete or error free or that any Posts or Images are compliant with the Posting Policy and Image Policy.

You use GREEN RABBIT GAME at your sole risk. GREEN RABBIT GAME is provided to you on an "as is"-basis, with all faults and without express or implied warranty of any kind.

Green Rabbit Holdings is not an investment advisor and GREEN RABBIT GAME is not a financial platform or vehicle. Green Rabbit holdings does not provide any financial advice, offers of profit nor return on investment (ROI). GREEN RABBIT GAME is strictly a Wax Blockchain based multi-activity interactive game.

14. Liability

To the maximum extent allowed by law, Green Rabbit Holdings liability towards you and your associates (whether contractual or otherwise) with respect to this Agreement and the use of GREEN RABBIT GAME shall be limited to damages resulting from wilful misconduct by Green Rabbit Holdings.

15. Indemnity

You herewith undertake, irrespective of any fault and knowledge, to fully compensate and indemnify Green Rabbit Holdings and/or any of its corporate bodies, affiliates and related parties (as directed by Green Rabbit Holdings) against any and all damage incurred or sustained in contract, tort, equity, statute, regulation or otherwise by Green Rabbit Holdings and/or any of its corporate bodies, affiliates and related parties, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in connection with (i) your actions within GREEN RABBIT GAME, and/or (ii) your breach of these Terms of Use and/or (ii) your or any third party's use of video content created or distributed by you under the permitted streaming and video sharing provisions pursuant to Section 13.

You acknowledge and agree that, in the event of a third party claim in the event that you breach these Terms of Use or in connection with your or any third party's use of video content created or distributed by you under the permitted streaming and video sharing provisions pursuant to Section 13, in particular in the event of a claim whereas any of your actions, Posts or Images in connection with GREEN RABBIT GAME infringe on any third party's intellectual property rights, you (and not Green Rabbit Holdings) will be responsible to bear the cost of the investigation, defense, settlement and discharge of any such claim. You will, however, promptly notify Green Rabbit Holdings in writing of such a claim and Green Rabbit Holdings shall have the right, within its sole discretion, to direct any procedural actions in which it has a direct or indirect interest.

 

16. External Links

Links to external websites are provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Green Rabbit Holdings of any of the products, services or opinions of the relevant entity or organization or individual. Green Rabbit Holdings bears no responsibility for the accuracy, legality or content of external sites or for that of subsequent links. Green Rabbit Holdings recommends that you read the privacy policies and the terms of use of external websites before you make use thereof or provide personal information on any external websites.

17. No Partnership or Agency

Nothing in this Agreement, shall be construed to establish, and the Parties shall refrain from any representation or other act that could lead any affiliate or third party to believe that they have established any form of partnership or company, and/or an agency.

18. Breach and Remedies

You understand and agree that observance of your obligations hereunder is of significant importance to Green Rabbit Holdings and that, if you breach this Agreement, Green Rabbit Holdings would incur serious losses and other detrimental consequences which might not easily be cured.

If you breach any provision of or undertaking under this Agreement, Green Rabbit Holdings shall have the right to seek specific performance in respect of your obligations under this Agreement, including but not limited to the right to request that you cease and/or desist from committing any breach of such obligations, whether or not this forces you to abandon any commercial activity or not to pursue any opportunities at that time (cease and desist injunction).

Green Rabbit Holdings has the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure an effective enforcement of your obligations under this Agreement. In such event, you fully waive any right you may have under applicable laws to request the provision of securities by Green Rabbit Holdings.

19. Term and Termination

This Agreement shall remain in effect for a term of 30 calendar days, beginning on such date as it is entered into. Upon expiry of such initial term, this Agreement shall remain in effect for successive additional terms of 30 calendar days each, unless terminated by either Party no later than 15 days prior the end of the relevant term.

This Agreement (and therefore your right to make Permitted Use of GREEN RABBIT GAME) shall be terminated with immediate effect in the event that an Incremental Fee is not paid within the applicable 10-day period.

In addition, Green Rabbit Holdings may terminate this Agreement if, in our sole discretion, we determine that there has been a breach these Terms of Use, a material breach of any other agreement between the Parties or a violation of law. If the cause of such termination is reasonably capable of being remedied, we will provide you notice of what actions you must take to reinstate a state acceptable to us within our sole discretion. If you fail to take such actions or the cause cannot be remedied within 10 calendar days, the Agreement will be terminated with immediate effect.

Upon termination, all licenses granted herein end immediately. You will cease using GREEN RABBIT GAME and return to us or uninstall and destroy any Materials you may have in your possession. Termination of the Agreement will not relieve you of your obligation to pay any amounts you owe up to and including the date of termination.

The effects of an expiry or termination of this Agreement on any NFTs are governed by Section 6 hereof.

20. Miscellaneous

20.1 Notifications

In registering your User Account, but in any event before using GREEN RABBIT GAME, you will provide to Green Rabbit Holdings a valid email address (the "Notification Address"). You acknowledge and accept that Green Rabbit Holdings shall send any notifications to you hereunder (also including any invoice), by way of simple unencrypted email to the Notification Address. Any such notification shall be deemed received when it is sent by Green Rabbit Holdings to the Notification Address.

You undertake to keep the Notification Address valid and in effect for the entire duration of this Agreement or to promptly notify Green Rabbit Holdings in writing prior to any change of the Notification Address.

Notices to Green Rabbit Holdings shall be made by registered mail to Green Rabbit Holdings registered address.

20.2 Amendments

Green Rabbit Holdings reserves the right to amend this Agreement from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials and Services thereafter will be deemed to as acceptance by you of any such changes to this Agreement.

20.3 Assignment

You may not assign any of your rights or obligations hereunder, whether by operation of the law or otherwise. Green Rabbit Holdings may assign this Agreement without your consent and in its sole and absolute discretion.

20.4 No Waiver

The failure of Green Rabbit Holdings to exercise or enforce any right under this Agreement shall neither be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.

20.5 Severability

If any provision, or portion of a provision, contained in the Agreement is invalid or unenforceable, the remaining provisions, or the remaining portion of such provision, shall remain in full force and effect. Instead of the invalid provision, a rule shall apply that achieves as closely as possible the intention of the parties in drafting the invalid provision.

20.6 Applicable Law and Jurisdiction

To the maximum extent allowed under applicable laws, this Agreement is governed by the substantive laws of the State of California, in the United States of America, to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.

To the maximum extent allowed under applicable laws, all disputes under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the ordinary courts of the State of California, in the County of Orange in the United States of America, and each of the parties undertakes to fully subject itself to such jurisdiction, always provided that each of the parties shall be entitled to seek preliminary measures and injunctive relief before any competent court according to applicable law.