Terms & Conditions

ROMB TERMS OF USE

Introduction

Effective Date: 1 June 2024

Last Updated: 1 June 2024

Welcome to ROMB! These General Terms, along with other policies or Rules incorporated herein constitute a legally binding agreement (herein “Terms” or “Terms of Use”) between you (or any of your affiliates, or any other person having a beneficial interest in you, or any person for whom you are acting as agent or nominee in connection with your use of our Services or the ROMB Tokens) (You, Your, Yourself, User) and the relevant delegate entity of the ROMB DAO (ROMB, We, Our or Us) in respect of your access to and use of the ROMB Services. The Services are provided by ROMB DAO or through delegate entities and depending on where you access specific Services will determine which delegate your agreement is with (see table at the end of this Section 1).

Our Services comprise:

The web domain https://rombgame.com/ and subdomains (the Interface);
ROMB game applications, including website applications and mobile applications (Apps). The ROMB Games are a series of separate but interrelated games involving to varying extents the use of blockchain elements and ROMB token.
Media forms, including Telegram, Discord channels and other platforms for ROMB community engagement (Media);
ROMB’s Smart Contracts and other software or services made available by ROMB for you to interact directly with, or, made available to you through the Interface or Apps;
The Services include ROMB’s distributed applications running on one or more blockchain networks, using smart contracts (each a Smart Contract) that interact with or enable the use of a game player’s creatures, or enable other digital assets relevant to gameplay, including NFTs, in-game resources and other tokens (Game Assets). Game Assets can be visualized and utilized via the Services and other third party services.
Other non-digital asset in-game items (Items) are used in gameplay and are intended to be visualized and utilized via the Services and other third party services.
The Services include the ROMB marketplace, where users can offer to sell, and sell certain Game Assets to, and offer to buy and buy certain Game Assets from, other users, to which the ROMB Rules In certain circumstances, ROMB may be the seller in such sale, in which case the ROMB Auction and Sales Rulesapply. In the context of P2P sales between Users, the ROMB Marketplace Rules apply.
The Services include participating in ROMB DAO’s Governance, facilitated through RMBToken ownership, and by ROMB’s Smart Contracts and Media, to which the Governance Rules
The Services include access to ROMB’s Staking Programs, facilitated through RMB ownership and ROMB’s Smart Contracts, to which the Staking Rules
In addition to the Services, ROMB Merchandise is made available to you through the Interface, further to which the Product Rules and Jurisdiction Specific Refund Rules
Finally, the Marketing and Promotions Rules apply to ROMB promotions. These are supplemented and amended by promotion-specific Rules, which are incorporated into these Terms by reference.

DAO Disclaimer: ROMB is a decentralized GameFi DAO and as such, adopts an evolving, decentralized participatory governance method toward the operation of ROMB’s various Services, where play to earn features incentivise gameplay across the titles and gamers may earn and trade certain Game Assets. No central entity operates the ROMB DAO. By entering this agreement you are not agreeing to enter into a partnership. Decisions relating to the operation of the DAO and the Services it makes available to you are governed by the ROMB membership, as represented by the ROMB Main Council, who collectively govern the DAO further to the prevailing adopted by the DAO. You can participate in ROMB DAO governance by staking RMB tokens further to ROMB’s Governance Rules, joining and participating in the ROMB Discord or Telegram. The DAO’s Model of Governance, Governance Rules and Services provided to you by the DAO can change at any time. To the extent that any of the Services are or rely solely on immutable code, which may be accessed by any number of interfaces, then those Services are not unilaterally offered, maintained, operated, administered or controlled by the ROMB DAO or its delegate entities. ROMB DAO maintains user interfaces for staking and governance. You participate in the Services at your own risk. The Services are offered “AS IS” and without any guarantees as to security.
You hereby release all present and future claims against ROMB DAO and its delegate entities and representatives related to your use of any and all of the Services and ROMB Tokens . You agree to indemnify and hold harmless ROMB DAO, its delegates, affiliates and representatives for any costs arising out of or relating to your use of any or all of the Services and the ROMB Tokens.

Availability: The laws that apply to your use of or access to the Services vary based on the country and jurisdiction in which you are accessing them. The Services are not intended for distribution to any person or entity in any jurisdiction or country where distributing or use would be contrary to Applicable Laws, or which would impose on ROMB any registration requirement or other regulation within such jurisdiction or country, accordingly you are solely responsible for compliance with all Applicable Laws when you access and/or use the Services.

Age Rated: Unless expressly stated otherwise, the Services are intended for users who have reached the age of legal majority in the country in which the Services are accessed. You agree that if you are 13 or older, yet under whatever the age of legal majority is where you access the services, you access the Services and you may make payments only with the involvement of your legal guardian and you represent that your legal guardian has read, understood and agreed to these Terms, shall exercise supervision over your use of the Services and assume all liability in relation to your use of the Services. We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Services on this basis.

Consent by Use: BY USING THE SERVICES OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE BY ROMB, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAKE THE REPRESENTATIONS AND WARRANTIES IN SECTION 2, AND HAVE READ THE WARNINGS AND ACCEPT THE KEY RISKS IN SECTION 3. IF YOU DO NOT AGREE AND/OR ACCEPT THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Access: Our Services may be hosted or made available to you by one or more delegate entities of the DAO, depending on what specific Service you’re accessing and where you access that Service from. If you are a customer from the following countries, the following Services are made available by the corresponding DAO delegate.

Note: To the extent that the services are provided through or rely solely on immutable code, they are not unilaterally offered, maintained, operated, administered or controlled by the ROMB DAO or its delegate entities and the ROMB Delegate Entity in the table is indicated “NA”.

If you are or from a Prohibited Jurisdiction and Individual (as applicable), you may not access any of the services.

Representations and Warranties

We have absolute and sole discretion to allow or disallow your access to the Services. By using the Services, you hereby represent and warrant, to and for the benefit of Alluvium and our respective representatives, as follows:

You have all requisite capacity, power and authority to enter into, and perform your obligations under these Terms and you are at least the higher of legal age to form a binding contract with us in the country or state in which you have your habitual residence, and you meet all of the eligibility requirements in these Terms, or for a specific Service (such as an age rating for a specific game), or you are accessing our Services under the supervision of a parent or guardian;
You are not using the Services from a country or territory, nor are you an entity or individual included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list or the Office of Foreign Assets Control of the U.S. Department of the Treasury list as provided at http://www.treas.gov/ofac), or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list, or a person or entity included in the denied persons or entity list of the U.S. Department of Commerce (Prohibited Jurisdictions and Individuals);
You are not a senior foreign political figure, nor is any of Your immediate family members or close associates a senior foreign political figure;
You are not a citizen or resident of, nor are you located in, any country where accessing our Services is illegal or impermissible under Applicable Laws;
You are compliant with all Applicable Laws to which you are subject;
You have read these Terms and understand that, except to the extent that we have explicitly obtained registration or fulfilled any other regulatory requirement which we have detailed in our Terms,neither the ROMB DAO or any of its delegate entities or the component Services that we offer, are registered or licensed, or have been reviewed or evaluated by any securities law, financial crime or banking regulator of any jurisdiction;
All information and data provided by you are true and correspond to reality;
You are a natural person who is not impersonating any other person;
You are not a person who has been or is involved in the development of any of the Services, where such involvement could alter, modify or unduly influence any element of the Services, without our express written permission and subject to the terms and conditions that we may seek to impose on you.
You are sufficiently sophisticated, experienced and knowledgeable in respect of blockchain technologies and digital assets so as to be able to, and You have conducted an independent investigation of the Services and the matters contemplated by these Terms and have formed your own independent judgment regarding the benefits and risks of, and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Services, you have relied solely on the results of such investigation having exercised such independent judgment. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements in respect of blockchain technologies and digital assets generally and specifically in relation to the Games and Game Assets are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the Game Assets) may constitute securities and the Services (or components therefore) may constitute financial products or services under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by ROMB in determining to enter into these Terms or to use the Services.
You understand that blockchain and Smart Contract technologies are experimental, speculative and inherently risky and you are willing to accept the risks associated with cryptographic systems such as Smart Contracts, the Ethereum blockchain, the Immutable X Protocol, non-fungible tokens, the interplanetary file system and Third-Party Extensions like MetaMask;
There is no legal proceeding pending that relates to your activities relating to the Services or other token- or digital asset- trading or blockchain technology-related activities. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice.

Risk Warning

ROMB’S SERVICES HEAVILY RELY ON EMERGING TECHNOLOGIES, SUCH AS THE ETHEREUM NETWORK, IMMUTABLE’S LAYER 2 SCALING SOLUTIONS ON THE ETHEREUM NETWORK (INCLUDING BUT NOT LIMITED TO STARKEX ZK-ROLLUP AND ZK-EVM) AND PRODUCTS INCLUDEING WALLET AND SINGLE SIGN IN TECHNOLOGIES. THESE TECHNOLOGIES ARE EXPERIMENTAL, SPECULATIVE AND NOVEL, AND BY NO MEANS FIXED IN TERMS OF FEATURE DESIGN AND OPERATION, AND THAT THEREFORE THERE IS UNCERTAINTY REGARDING THE EFFECTS, OPERATIONS AND RISKS THEREOF AND THE APPLICATION OF EXISTING APPLICABLE LAWS THERETO, AND BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

You understand and agree that your use of the Services and ROMB Tokens is subject to certain risks, including without limitation the following non-exhaustive list of risks. These risks as well as additional risks arising now and in the future, can be substantial. You should carefully consider the use of any of our Services. You accept and acknowledge each of the following risks:

Price and liquidity of blockchain assets,including any of the ROMB Tokens, is extremely volatile and may be subject to fluctuations. Fluctuations in the price of any digital asset, including any ROMB Token, could materially and adversely affect any one or all of the ROMB Tokens;
All digital assets including ROMB Tokens are largely unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions;
Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the ROMBTokens and the nature of the Services; We may be adversely impacted by one or more regulatory or legal claims, actions, inquiries, suits, investigations, fines or judgments, which could impede or limit the ability of you to continue to use our Services and to derive value in, and use of the ROMBTokens;
Transactions involving ROMB Tokens may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable;
Users are solely responsible for the safekeeping of their private keys. We will not be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise, as well as accidental transactions;
To use ROMB Tokens, you must use non custodial wallet software which allows you to interact with public blockchains, and rely on cryptography and technology such as blockchain for security and other features. Your use of a non-custodial wallet provider is governed by the applicable terms of service of that third party, and are not governed by these Terms. You are responsible for seeking independent, professional advice in relation to the cyber security of your blockchain and token activities;
The value of ROMB Tokens may be derived from the continued willingness of market participantsto exchange fiat currency or digital assets for ROMB Tokens, and therefore the value of ROMB Tokens is subject to the potential for permanent or total loss of value should the market for any one of or all of the ROMB Tokens disappear;
Game Asset and Item availability: We cannot guarantee that any Game Assets or Items that are visible on our marketplaces or available for purchase directly from us will always remain visible or available for purchase, sale, or transfer, nor can we guarantee that these Game Assets or Items may hold or retain value.
Supply Manipulation: One or more individuals may directly or indirectly control significant portions of the total supply of any particular ROMB Token(s) (Whales). Whether acting individually or collectively, Whales may have significant impact and may be able to influence or cause significant market events that may have a detrimental effect on price, value or functionality of ROMB Tokens. Whales, or other network participants and users, may make decisions that are not in your best interests.
ROMB’s Services and Smart Contracts including those that relate to the ROMB Tokens are subject to the risk of fraud, counterfeiting, cyber attacks and other malicious behavior. Malicious individuals or organizations may target you and attempt to steal your ROMB Tokens you may hold or claim any ROMBT okens that you may have earned or purchased. You are solely responsible for protecting yourself against such actions.
Cryptography: Code cracking or other technical advances may present risks, including the theft, loss or inaccessibility of tokens or other cryptographic assets.
ROMB Tokens and Smart Contracts may be subject to forks.We may not be able to anticipate, control or influence the occurrence or outcome of forks, and we do not assume any liability, risk, or obligation in connection therewith. We do not assume any responsibility to notify a user of threatened, pending, or completed forks. We will respond (or refrain from responding) to any forks in such manner as we determine in our sole discretion, and shall not have any duty, liability, or obligation to a user if such response (or lack of such response) acts to a users' detriment. Each user assumes full responsibility to independently remain informed about possible forks, and to manage their own risks and interests in connection therewith;
Services may utilize APIs, middleware, servers, platforms, services and products of third-parties, and we do not guarantee the continued operation, accuracy, maintenance, availability or security of any of such dependencies and note that access to and use of the Services may be degraded, modified or obviated by dependencies on third party products and services;
We do not have ownership or control of the smart contracts deployed by third parties, and we are not responsible and make no guarantees regarding their capabilities, operation, or functionality. We do not control the public Blockchains that you are interacting with, and we do not control certain smart contracts that are integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible, and we have no ability to reverse any transactions on the blockchain.
Communication Failures: There are risks associated with using Internet and blockchain-based products, including ROMB’s Smart Contracts, Apps and the ROMB Tokens, as for all cryptocurrencies, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that neither ROMB, nor any member of the ROMB Parties, will be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Internet, or any other blockchain, however caused.
Treasury: The ROMB DAO may not have the ability to maintain a strong enough treasury to continue operations. There is a risk that the ROMB DAO is not sufficiently responsive to changes in the industry and/or trading conditions, or cannot raise sufficient capital including because of its decentralized model of governance and the emerging and risky policy environment for DAOs, tokens and token activities;
Members of the ROMB Council may pass a vote to modify how the ROMB DAO operates, and therefore the Services and ROMB Tokens. You are responsible for monitoring the ROMB DAO’s official social channels and staying updated on changes affecting the ROMB DAO and the Services;
Token activities carry the risks of interacting with Third-party Extensions and Third-party Platforms in relation to offering the Services. There is also a risk that any ROMB Tokens you acquire while participating with the Services could be stolen or exploited by a DLT contract vulnerability;
There may be vulnerabilities in the suite of DLT contracts that collectively form the ROMB Protocol and you may experience damage, interruptions or loss caused by the exploitation of DLT contract vulnerabilities in the form of hacks, mining attacks, cyber-attacks, distributed denial of service attacks, or other security breaches, attacks, or deficiencies that could result in the loss of tokens other than just your ROMB Tokens, and could be related to other attacks to obtain your personal and sensitive information and access to your traditional financial assets such as bank accounts and credit cards;
At the date of publication of these Terms, none of the ROMB Tokens are registered as securities or other financial products in any jurisdiction and the ROMB DAO is not a registered virtual asset service provider (VASP) in any of the jurisdictions that has legislated such registration regimesand does not provide activities that attract obligations under current anti-money laundering and counter-terrorist financing laws. Accordingly, neither the ROMB DAO or any delegate entity is regulated or actively supervised by any anti money laundering regulator in any jurisdiction;
We reserve the right to hide collections, contracts, and items that are affected by any issues for any reason at our sole discretion. These items you purchase may be inaccessible through one or more Services. You understand and accept that the inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains does not give you any grounds for a claim against us.
A lack of use or public interest in the creation and development of distributed ecosystems(including without limitation the blockchains, networks and Layer 2 scaling solutions ROMB relies upon) could negatively impact the development of ROMB’s Services, and therefore the potential utility or value of any or all of ROMB’s Tokens.
Upgradesto the blockchains, networks and Layer 2 scaling solutions ROMB relies upon may have unintended, adverse effects on the Services, including any Digital Assets made available by ROMB.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. The information in these Terms of Use is of a general nature and does not take into account your objectives, financial situation or particular needs. You should obtain your own independent advice and consider the appropriateness of any ROMB Token, or Service (such as Staking) having regard to your circumstances, objectives, financial situation and needs, and legal and tax obligations;
Liability Disclaimer: You understand that the ROMB DAO, and any persons associated with the ROMB DAO including the ROMB Council, contributors and service providers deny liability for any loss or damage suffered by you or any person using the Services or making use of any ROMB Tokens to the maximum extent permitted by law;

It is important that you read this entire document before using any of the Services. In particular, you should consider the risk factors that could affect each particular ROMB Service and the holding and use of any ROMB Token.

Our Services

General: The following terms and conditions apply to each of our Services (or products as applicable), together with any Supplementary Terms or Game Asset Terms:

Service: Interface - Rules: General Terms

Service: Games - Rules: General Terms

Service: ROMB (first instance) Sales: Game Assets and other Virtual Assets - Rules: General Terms and ROMB Auction and Sales Rules

Service: Governance - Rules: General Terms and Governance Rules

Service: Staking - Rules: General Terms and Staking Rules

Service: Merchandise Store - Rules: General Terms and Product Rules and Jurisdiction Specific Refund Rules

Service: Marketing and Promotions - Rules: General Terms and Marketing and Promotions Rules (General) and specific rules for a particular promotion.

Restricted Access. We may restrict or refuse, at our sole discretion, the provision of the Services in certain countries or regions. The Services may not be intended for use in your jurisdiction. You are solely responsible for ensuring that your use of the Services complies with Applicable Laws.

Third Party Accounts and Wallets: In order to access certain Services, including to purchase any Game Assets, a user must create an IMX Wallet and connect a compatible digital wallet (e.g. Metamask) to the Services. You agree to the terms of use relating to those third party accounts and wallets.

Minting Game Assets. By minting a Game Asset as an NFT you agree to comply with any terms, including licenses or payment rights that are embedded within or otherwise included with any such NFT.

Cross platform transferability/utility: ROMB does not guarantee that NFT will be transferable to or have any utility in connection with any other platform.

Transacting in Game Assets. ROMB is not and shall not be a party to any transaction or dispute between any initial minter of a Game Asset (unless we mint the Game Asset) and any subsequent owner of such Game Asset (unless we own the Game Asset), whether arising from any rights granted in that Game Asset or otherwise, unless otherwise set forth in connection with such Game Asset. All Game Asset transactions are programmatically managed and completed on the blockchain and are therefore of public record.

Liability for Game Assets and Items in gameplay. Gameplay may involve you taking certain actions which impact your Game Assets or Items in specific ways, so that you swap, trade, exchange or burn a certain Game Accept for a modified, new or different Game Asset or Item. When you do so, the traits of your new Game Asset or Item, such as status, level or rarity may be different to those of your former Game Asset or Item. ROMB does not guarantee that traits of former and new Game Assets or Items will have similar or equivalent attributes or value and will have no liability to you in connection with any Game Asset or Item you use or receive in connection with gameplay, including in instances where a former Game Asset or Item is burned, erased, unavailable or unusable. Any action that results in a Game Asset or Item being irrevocably modified, burned or otherwise lost is permanent and irreversible. You acknowledge and agree that ROMB shall not be liable to you in connection with any Game Asset or Item that is irrevocably modified, burned or otherwise lost as a result of or in connection with your use of the Services.

Equipment. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

Multi-Accounting: By using the Services, you make the representations and warranties in Section 2 as well as the following usage representations and warranties that: a) You are a human being and will only use one Account to earn Game Assets or Items in any 24-hour period; b) You, as the owner of Game Assets or Items, are responsible for the actions of any Scholars that play on your behalf using Game Assets or Items that you own, and that Scholars’ actions can have consequences for any connected Accounts that you own; and c) you will not manipulate, determined at our sole discretion, ROMB game economics features that otherwise circumvent or undermine our general prohibition against multi-accounting. To clarify, you may use our Services on one Account across multiple devices and you may own multiple Accounts, however, you cannot play using multiple Accounts in any 24-hour period.

ROMB Intellectual Property

Ownership

General: Unless otherwise indicated by ROMB in writing, the Services and all content and other materials contained therein, including, without limitation, all Game Assets and all characters (including but not limited to character names, character likeness, character emotes, affinities and classes), dialog, story lines and lore, designs (including but not limited to structural or landscape designs), text, graphics (whether still or moving), animations, pictures, information, data, software, sound files (including but not limited to musical compositions and recordings), audiovisual effects, other files, and the selection and arrangement thereof (collectively, the Content), are the proprietary property of ROMB or our affiliates, licensors, Contributors or users, as applicable. The ROMB logos and any ROMB product, service name, logo, slogan, trademark and service mark contained therein (the Marks) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the jurisdictions in which we make the Services available, including the UAE, United States of America and foreign jurisdictions and international conventions. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by ROMB.

DAO: Generally and unless otherwise indicated by us in writing, Contributors to the ROMB DAO, meaning all ROMB personnel, employees, contractors and other contributors such as community members excluding Founder Contributors, own their works and associated Intellectual Property that has been developed in the course of their contribution toward the ROMB DAO and the Services (Contributor IP), and exclusively, perpetually and irrevocably license their Contributor IP to the ROMB DAO. The ROMB DAO does not own any Contributor IP and DAO members have no rights to an in specie distribution of Contributor IP or the proceeds from any sale of Contributor IP during the life of the DAO or upon winding up of the DAO.

Founder Content: To the extent that any of the Services and any of the content or other materials contained therein are generated by a Founder Contributor, including without limitation all Games and Game Asset features, including ROMB characters (including but not limited to character names, character likeness and emotes), any Game and character dialog, story lines and lore, designs (including but not limited to structural or landscape designs), text, graphics (whether still or moving), animations, pictures, information, data, software, sound files (including but not limited to musical compositions and recordings), audiovisual effects, other files, and the selection and arrangement thereof (collectively, the Founder Content), then the Founder Content is the proprietary property of the respective Founder Contributor, and is licensed exclusively to the DAO. The ROMB DAO does not own any Contributor IP to the extent that it is also Founder Content and DAO members have no rights to an in specie distribution of it, or the proceeds from any sale of it during the life of the DAO or upon winding up of the DAO.

Access to Services: Subject to your ongoing compliance with these Terms of Use and eligibility to use the Services, you are hereby granted a limited, revocable, nonexclusive, non-transferable, non-assignable, non-sublicensable, "as is" right to access and use the Services and Content for your own personal, non-commercial use; provided, however, that (except as and solely to the extent expressly set forth herein) such right does not include any right to (i) sell, resell, or use commercially the Services or Content, (ii) distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services or Content, except as expressly permitted by us, and (vi) use the Services or Content other than for their intended purposes. We reserve all rights not expressly granted hereunder in and to the Services and all components thereof, including without limitation the Interface, Apps, Media, Content, and the Marks.

ROMB Game Asset License and Terms

Game Asset License: With respect to any Game Asset sold by ROMB or allowed for sale through ROMB ’s marketplaces or Games or any Game Asset sold by ROMB or allowed for sale through any other intermediary (e.g. the Immutable X marketplace), the terms of this section titled “ROMB Game Asset License and Terms” shall apply and to the extent that any other terms apply, these terms shall take precedence over any other terms. ROMB hereby grants you a non-exclusive, limited, revocable, royalty-free, worldwide right and license (with no right to sub-license) to use the artwork, if any, contained within such Game Asset in order to create certain derivative works thereof in digital or tangible form (Fan Art), solely for personal, non-commercial use.

Content and Links: Fan Art shall not include any Marks (including without limitation any ROMB logo), must be clearly and prominently designated in all manners and mediums as "ROMB Fan Art", and if displayed in any online format, must link to Interface and directly to the precedent Game Asset. If you are the then-current owner of any Game Asset, you are granted a limited license, subject to these Terms, to create Fan Art from such Game Asset and to use such Fan Art for commercial purposes; provided that: i) your revenue from your Fan Art derived from such Game Asset must not exceed one thousand U.S. Dollars ($1,000), except subject to the execution of a separate commercial license agreement between you and ROMB or otherwise indicated by us; ii) your Fan Art must not relate to or involve in any way the use or application of Collaboration Game Assets or Items that incorporate the trade marks, logos or other Intellectual Property of an ROMB Cobranding Partner; iii) your Fan Art must not be used in game applications other than those that ROMB has expressly endorsed; iv) your Fan Art must not mislead or deceive or be likely to mislead or deceive consumers, or create or result in potential harm to the ROMB game ecosystem or ROMB brand, as determined by ROMB in our sole discretion; and v) your Fan Art must not use or involve the use of any Marks or Content other than the Visual IP that is solely related to your Game Asset.

Your rights to Visual IP: Each Game Asset may embody or include certain artwork owned or created by ROMB , or its Contributors including Founder Contributors (the Artwork). You acknowledge and agree that ROMB or our respective licensors (i.e. our Contributors) own all legal right, title and interest in and to the Artwork, and all Intellectual Property Rights therein. Game Assets may also embody or include one or more Marks (collectively with the Artwork embodied by such Game Asset, the Visual IP). The Visual IP is neither stored nor embedded in the Game Assets but is accessible through the Game Assets. ALTHOUGH EACH GAME ASSET ITSELF IS OWNED BY ITS THEN-CURRENT OWNER, THE VISUAL IP EMBODIED THEREIN IS LICENSED, PURSUANT TO THESE GAME ASSET TERMS, AND NOT TRANSFERRED OR SOLD, TO SUCH OWNER. The rights that you have in and to the Visual IP are limited to those expressly set forth in these Game Asset License and Terms. ROMB and its licensors reserve all rights in and to the Visual IP not expressly granted to you herein. ROMB PROVIDES EACH GAME ASSET, LICENSES THE VISUAL IP TO THE THEN-CURRENT OWNER OF THE GAME ASSET, AND PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROMB EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSE TO CREATE AND DISPLAY THE VISUAL IP EMBODIED BY A GAME ASSET IS AUTOMATICALLY AND ALWAYS TRANSFERRED WITH THE RESPECTIVE GAME ASSET AS PROVIDED IN THESE DIGITAL ASSET AND ITEM TERMS. OTHERWISE, THE LICENSE TO DISPLAY THE VISUAL IP EMBODIED BY EACH GAME ASSET IS NON-TRANSFERABLE. You acknowledge that the license granted to you in these ROMB Game Asset License and Terms applies only to the extent that you lawfully purchased or acquired a Game Asset and, with respect to any such Game Asset, for so long as you own such Game Asset. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Game Asset for any reason, the license granted in these ROMB Game Asset License and Terms will immediately terminate with respect to such Game Asset without the requirement of notice, and you will have no further rights in or to the Visual IP embodied by such Game Asset. Furthermore, the license granted in these ROMB Game Asset License and Terms will automatically terminate, with all rights returning to ROMB or its licensor (as applicable), if: (a) you breach these ROMB Game Asset License and Terms or our Terms of Use, which shall include any unauthorized transfer or acquisition of a Game Asset; or (b) you engage in any unlawful business practice related to Game Assets. In the event that you did not lawfully purchase or acquire a Game Asset, or upon any termination of the license granted in these ROMB Game Asset License and Terms, ROMB may disable your access to the Visual IP and/or deny you access to any of our Services and/or any further benefits, services, or goods associated with the Game Asset.

Restrictions: You agree that you will not, nor will you cause or permit any third party to, do or attempt to do, any of the following without our express prior written consent in each case: (i) modify, distort, or perform any other modification to the Visual IP in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Visual IP as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of a Game Asset or Item itself); (iii) use the Visual IP in connection with images, videos, video games or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Visual IP; (v) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Visual IP; (vi) use the Visual IP in connection with disparaging statements about ROMB and/or our affiliated companies, or otherwise damage the goodwill, value, or reputation of ROMB , or represent or imply that your exercise of the licenses granted hereunder is endorsed by us and/or our affiliated companies; (vii) otherwise utilize the Visual IP for your or any third party's commercial benefit (except as otherwise permitted herein (including an authorized offering of the Game Asset or Item itself); viii) attempt to mint, tokenize, or create an additional cryptographic token representing the same or deceptively similar content to the Visual IP, determined by ROMB in our sole discretion; or (ix) falsify, misrepresent, or conceal the authorship of any content created using the Visual IP. These restrictions will survive the expiration or termination of licenses granted hereunder. Without limiting the foregoing, the license granted by these Terms of Use does not include: (a) the right to use the Visual IP in connection with additional digital assets or items; or (b) the right to create derivative works of the Visual IP (except as otherwise permitted herein). You may not use or attempt to register any asset (including, without limitation, any domain names, social media accounts, or related addresses) that contains or incorporates any Visual IP, or any other representation, name, or mark that may be confusingly similar to any of ROMB ’s intellectual property.

Transfer of Game Assets and Items: As applicable, you may transfer to a third party any Game Asset or Item that you lawfully own to a third party, subject to these Terms. If you transfer any Game Asset or Item, you must make the transferee aware of, and you must cause any such transferee to agree in writing to comply with and be bound by, the ROMB Game Asset License and Terms as well as our Terms.

License rights - General:

Limited license applies to the current owner of a Game Asset or Item: You agree and acknowledge that the lawful ownership, possession, and title to a Game Asset or Item is a necessary and sufficient condition precedent to receiving the limited license rights set out herein. Any subsequent transfer, dispossession, burning, or nother relinquishment of a Game Asset or Item will immediately terminate the former owner’s rights and interest in the license as provided by these Terms.

ROMB Right to modify Game Assets and Items: Certain Game Assets and Items produced by ROMB are composbile such as accessories and incorporate multiple elements or features into a final design which is represented in the form of a static image. ROMB reserves the right to modify at its sole discretion and at any time and without notice to you the metadata corresponding to your token.

Rights for specific Game Assets and Items:

Collaboration Game Assets and Items: From time-to-time ROMB collaborates with leading game and web3 brands (Cobranding Partner) to produce limited edition collections of Game Assets and/or Items that bear the registered and/or unregistered trade mark(s) of our Cobranding Partner. Where a Game Asset or Item or collection of same bears the trademarks or other intellectual property of a Cobranding Partner, that partner may impose additional terms and conditions to the purchase and use of the Collaboration Game Asset or Item. You may not purchase the Collaboration Game Asset or Item unless you agree to abide by these and any additional terms set by the Cobranding Partner. In all circumstances the usage of the Collaboration Game Asset or Item is limited to personal, non-commercial use only.

User Accounts

User Account: To access some of our Services you may be required to register for an account (Account). By registering for an Account you agree to monitor the account to restrict any use by minors. You are responsible for all activities that occur under your Account and you accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments (e.g. your digital wallet) or devices by minors. During the registration process, you will be required to provide certain information, including your email address and you will establish a username and a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You consent to receive electronic communications from us (e.g. via email or other means) regarding notices about your account and other promotional and marketing communications from us or third parties with whom we have shared your contact information. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.

Responsibility: You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Account, and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

No ownership: You agree that you have no ownership or other property interest in your Account at all and you further agree that all rights in and to the account are always and will be owned by and ensure to the benefit of ROMB .

User Content

Responsibility: 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. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to, User Content, including without limitation any User Content embodied by or otherwise made available through the Services.

Acceptable Use and Our Rights: You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy in Section 9 and you alone may be liable if your User Content violates the Acceptable Use Policy or you otherwise breach Applicable Laws (including defamation laws) or the rights of a third party (including IP rights). We reserve the right but do not have any obligation to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to the Service and/or reporting you to law enforcement authorities.

No endorsement: You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us.

Deletion and Backups: ROMB 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.

License: You hereby grant, and you represent and warrant that you have the right to grant, to ROMB an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, to provide and improve the Services and our other products and services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Submissions: You acknowledge and agree that Submissions provided by you to us are at your own risk and that we have no obligations, including without limitation obligations of confidentiality, with respect to your Submissions. You hereby grant to us a fully paid, royalty- free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or our business. To the fullest extent permitted by applicable law, you hereby waive any moral rights to any such Submissions that would limit the foregoing license grant, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions and grant the foregoing licenses.

Interactions: Use common sense and caution when interacting with other users, whether that be online or offline. You are solely responsible for your interactions with other users, provided, however, that we reserve the right, but have no obligation, to intercede in any disputes between users. You use all User Content generated by other users and interact with other users at your own risk. You agree that ROMB will not be responsible for any liability incurred as the result of your interactions with other users.

Third Party Websites and Content

Third party sites

Our Services may contain links to websites operated by third parties (Third-Party Websites). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the Third Party Content (including articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other content or items belonging to or originating from third parties) on those linked websites and have no control over or rights in those linked websites. When you click on a link to a Third-Party Website or Third-Party Content, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Content are not under the control of ROMB and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for: i) any Third-Party Websites accessed through any of our Services; ii) any Third-Party Content posted on, available through, or installed from or through any of our Services; or iii) any advertisements placed on or in any of our Services, iv) any services or products sold through those advertisements; including the content, accuracy or reliability of privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

No Endorsement / No Liability: Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave any of our Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our Terms of Use no longer apply. It is incumbent on you to review the applicable terms and policies of any website to which you navigate from our Services, or relating to any applications you use or install from our Services (including our Games and Interface). Any purchase you make through Third-Party Websites and Apps will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites; and you hereby waive any claims against ROMB Parties arising from or related to any Third-Party Content or Third-Party Websites. We do not make any representations or warranties about any Third- Party Content you may encounter during your use of the Service, including any content associated with any Game Assets or Items displayed on the Service, and you bear sole responsibility for verifying the accuracy, legitimacy, authenticity, and legality of these Game Assets or Items that you may purchase from third-party sellers.

Acceptable Use Policy

The rights granted to you in these Terms are subject to your compliance with the restrictions set forth in this Section. Any future release, update or other addition to the Services shall be subject to these Terms.

You may not access or use the Services for any purpose other than that for which we make the Services available.

You shall not, and shall not, knowingly or otherwise, authorize, allow or assist any other party to:

use, encourage or promote use of the Services for any purpose that is prohibited by these Terms or is inconsistent with applicable law, rule, or regulation, including but not limited to money laundering, terrorism financing and/or fraudulent activities or immoral activities;
infringe any third party intellectual property rights, including but not limited to removing or destroying any copyright notices or other proprietary markings contained on or in the Services, Game Assets or Items,
defame or libel ROMB or our representatives or other users, or otherwise disparage, tarnish, or harm or attempt to harm ROMB and/or any of the Services, as determined by us in our sole discretion;
take any action or make available any content on or through the Services that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane, including without limitation in an attempt to learn sensitive Account information such as user passwords; (ii) constitutes unauthorized or unsolicited advertising, electronic spamming of promotional or marketing material (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing) or junk; (iii) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (iv) impersonates any person or entity, including any employee or representative of ROMB , or uses the username of another user; (v) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by these Terms; or (vi) is detrimental to or in violation of our systems or a third party's systems or network security. Without limiting the foregoing, except as expressly stated in our Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
use data collected from the Services to contact individuals, companies, or other persons or entities;
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
upload files that contain viruses that may cause damage to our property (if any) or the property of other individuals;
engage in any attack, hack, denial-of-service attack, interference, or exploit of any of our Services, in particular, any smart contract comprising the ROMB Protocol notwithstanding that an operation performed by a person that is technically permitted by a smart contract comprising the ROMB Protocol may nevertheless be a violation of our Terms and/or the law because the operation is not within the intent of the programming and would cause loss or harm to other persons interacting with the relevant smart contract;
participate in our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
develop, utilize, or disseminate any software, or interacting with any API in any manner, that could damage, harm, or impair our Services or the ROMB Protocol;
circumvent, disable, bypass, or otherwise interfere with or attempt to interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Services;
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools (robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means), except for the allowable purposes we expressly permit further to these Terms.
engage in any behavior or practice that have the intention or the effect of artificially causing any Game Asset or Item to appear in a certain area of our Site or at the top of search results, or artificially increasing view counts, likes, or other metrics that we may use to sort items, collections, or search results;
engage in any practice that aims to manipulate the outcome of any ROMB game, including engaging in any sort of match-fixing, win-trading, or colluding between competitors that goes against the spirit that all players should play to the best of their abilities, as determined by ROMB in our sole discretion; or
engage in deceptive or manipulative trading activities, including but not limited to engaging in or knowingly facilitating any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering", “smurfing”, placing misleading Bids or Offers at Auctions, or any other fraudulent, deceptive or manipulative trading practices, as determined by us in our sole discretion;
use the Services, Game Assets or Items in any manner not then-currently permitted by the rules of the applicable game, or as communicated by us through official channels such as Discord, X or other means of communication.
use the Services or Game Assets or Items in any prohibited manner may result in the disqualification and ineligibility of Accounts for rewards, prizes, or other benefits that would otherwise be available to eligible Accounts.
use a buying agent or purchasing agent to make purchases on the Services;
access the Service from a different blockchain address if we have blocked any of your other blockchain addresses or Account(s) from accessing the Service, unless you have our prior written consent;
use or attempt to use another user's Account without authorization from such user; or pose as another person or entity, or use a wallet to engage in a transaction on or through the Service that is owned or controlled, in whole or in part, by any other person;
sell or resell our Services, Game Assets or Items or otherwise attempt to circumvent any of ROMB ’s fee systems;
sell or otherwise transfer or attempt to transfer your Account;
use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not expressly permitted hereunder;
make improper use of our support services or submit false reports of abuse or misconduct;
use the Services to create, sell, or buy Game Assets or Items that give owners the right to participate in an initial coin offering (ICO) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
use any metatags or other "hidden text" using ROMB ’s Marks;
frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of ROMB .

Fees and Payments

Services: Interface Access - Fees and Payments: NA

Services: Game - Fees and Payments: Free download. Specific in-game actions attract fees - e.g., travel, forging items. Fees for in-game actions are indicated at the point of purchase in-game and denominated in Fuel.

Services: Game - Beyond - Fees and Payments: Purchase of DISKs from ROMB at first instance, using ETH or USD. Prices are indicated at the point of purchase.

Services: ROMB Sales - NFTs - Fees and Payments: Purchases of NFTs from ROMB at first instance are made on the ROMB marketplace or third party NFT marketpaces. No Commission. Gas Fee.

Services: ROMB Sales - Merchandise - Fees and Payments: Sales of physical merchandise made in ETH or USD and item price indicated at the point of purchase. No Commission. No Gas Fee.

Services: Governance - Fees and Payments: NA

Services: Staking - Fees and Payments: No fees paid to stake. Gas paid to unstake.

Prices As Indicated: All pricing and payment terms for our Services and digital or physical products, including ROMB Tokens and Game Assets are as indicated at point of sale or otherwise on the Services, and any payment obligations you incur are binding at the time of purchase.

No Substitution: You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase.

Currency Fluctuation: For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase. Whether a particular currency or cryptocurrency is accepted as a payment method by ROMB is subject to change at any time in our sole discretion.

Terms of Sale bind subsequent purchasers / Secondary Sale Fees: When you purchase our Services, or digital or physical products, including Game Assets, you agree that you have read, understand, and agree to be bound by any terms applicable to the sale of that specific product or service, including any Secondary Sale Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the platform, blockchain or marketplace that facilitates a Secondary Sale). Secondary Sale Fees apply to certain Game Assets and you further agree that you will bind any subsequent purchaser of those Game Assets to such Game Asset Terms.

Processing and other Fees: Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services will be performed by our third-party service providers, including third-party dApp providers such as Metamask and IMX Wallet (each, a Third-Party Service Provider). Your use of the Services and the payment processing and related services provided by a Third-Party Service Provider is subject to your agreement(s) with such Third-Party Service Provider for such Services and payment processing and related services, as may be modified by the Third-Party Service Provider from time to time in their Supplementary Terms. As a condition of using the Third-Party Service Provider's payment processing and related services, you must provide accurate and complete information, and you authorize us to share this information with the Third-Party Service Provider and to charge your payment method for all amounts that may become due under this Agreement. Your use of the Third-Party Service Provider's payment processing and related services is conditioned upon your compliance with their terms (herein Supplementary Terms), and if your agreement with the Third-Party is terminated by the Third-Party Service Provider, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. We will have no control over the Third-Party Service Provider's payment processing and related services and cannot reverse or refund any transactions.

Gas Fees: A Gas Fee is a fee, paid in ETH, for a transaction to be processed on the Ethereum blockchain, which is paid to the Ethereum network and not paid to or determined by ROMB . You may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable blockchain, and we shall have no liability to you in connection with the same.

Fuel Exchange: Transactions that occur on the Fuel Exchange do not presently require the payment of a Gas Fee.

Commission: In addition to the Gas Fee, each time you conduct a transaction using a Smart Contract, including a transaction via ROMB site or other third party exchange on which Game Assets may be traded, you authorize us to collect a trade fee based on the total value of that transaction (each, a "Commission") as expressed in that Smart Contract. You acknowledge and agree that the Commission will be transferred directly to us through the blockchain as a part of the applicable transaction.

Sales Tax: Please refer to the section “Tax”.

Termination

You can terminate our Services and do so by (a) notifying us at any time; or (b) closing your Account (as applicable to the relevant Service); provided, however, that notwithstanding any such termination and for the avoidance of doubt, these Terms of Use will continue to apply with respect to any ROMB Token owned by you and all of your User Content. These Terms of Use remain in full force and effect while you use any of our Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE THIS AGREEMENT AND/OR DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR FOR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or a borrowed name, or the name of any third party, or from otherwise using any of our Services, even if you are acting on behalf of the third party. In addition to terminating and suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, as specified in these terms (see the section titled “Disputes”). You understand that any termination of your right to access and use the Services, including access to your Account, may involve deletion of your User Content associated with your use of the Services from our live databases as well as limitation or inability to access any ROMB Tokens including Game Assets that you may have purchased or acquired. ROMB and the ROMB Parties will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your right to access and use the Services, deletion of your User Content, or limitation or inability to access ROMB Tokens, including Game Assets in your Account. All sections intended by their nature to survive will survive the termination of this Agreement.

Investigations

If we become aware of any possible violations by you of these Terms of Use, we reserve the right to investigate such violations. If, as a result of our investigation we believe that criminal activity may have occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your User Content, in ROMB or ROMB Parties’ possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms of Use, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of ROMB or any of the ROMB Parties, ROMB ’s users, or the public, and all law enforcement or other government officials, as we, in our sole discretion believe to be necessary or appropriate. By agreeing to these Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Services, including without limitation text, voice, or video communications.

Privacy

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Services, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

Disclaimer

WE ASK THAT YOU PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS ROMB ’S LIABILITY TO YOU.

BY ACCESSING ANY OUR SERVICES YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING OUR SERVICES, AND THE DIGITAL AND PHYSICAL PRODUCTS AND SERVICES WE MAKE AVAILABLE TO YOU ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ROMB PARTIES (HEREIN “WE”) MAKES NO EXPRESS WARRANTIES AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, OUR INTERFACE, APPS, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (IV) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS OR OTHER ITEMS, OR ANY DIGITAL ASSETS OR ITEMS YOU INTERACT WITH WHEN USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL WRITTEN, OR OBTAINED FROM US OR THROUGH OUR SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, IMMUTABLE L2 OR ANY OTHER NETWORKS YOU INTERACT WITH, OR THROUGH WHICH OUR SERVICES OR DIGITAL PRODUCTS ARE MADE AVAILABLE THROUGH, INCLUDING THE METAMASK ELECTRONIC WALLET, IMX WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, SUCH AFORESAID LOSSES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK.

ROMB TOKENS AND GAME ASSETS ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM NETWORK AND IMMUTABLE L2 (OR ANY OTHER NETWORK OR L2 OUR ASSETS HAVE REPRESENTATION ON). ALL DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE RECORD THEREOF ON THE DECENTRALIZED LEDGER WITHIN THE CORRESPONDING NETWORK(S). ROMB PARTIES HAVE NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY DIGITAL ASSETS. ROMB PARTIES ARE NOT RESPONSIBLE FOR LOSSES DUE TO VULNERABILITY OR ANY KIND OF FAILURE OF BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ABNORMAL BEHAVIOR OF SOFTWARE, VULNERABILITIES OF ANY KIND, ANY KIND OF FAILURE, LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK OR INCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF ANY SORT, INCLUDING OF ANY OF YOUR FUNDS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES AND THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ROMB ’S CONTROL.

YOU ACKNOWLEDGE AND AGREE THAT THE ROMB PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ROMB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD-PARTY SERVICE PROVIDERS, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WHETHER ONLINE OR OFFLINE WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT THE ROMB PARTIES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. ROMB PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. ROMB MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE ROMB PARTIES ARE NOT RESPONSIBLE FOR AND DOES NOT TRANSFER LEGAL OWNERSHIP OF DIGITAL ASSETS OR ITEMS FROM SELLERS TO BUYERS. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR YOUR USE OF OR YOUR USE OF OR INABILITY TO USE ANY ROMB TOKEN PURCHASED FROM A SELLER.

DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF ROMB IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO GAME ASSETS.

WARRANTY DISCLAIMER: WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE ROMB PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ROMB PARTIES MAKE NO CLAIM, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY:

i) FOR YOUR USE OF OUR SERVICES (OR ANY ONE OF THEM, OR ANY PART OF THEM);
ii) FOR THE INFORMATION, PRODUCTS, AND/OR MATERIALS CONTAINED ON OR ACCESSED VIA OUR SERVICES, INCLUDING IN PARTICULAR ROMB TOKENS AND SMART CONTRACTS;

iii) AS A RESULT OF THE INACCESSIBILITY OF OUR SERVICES (OR ANY ONE, OR PART OF THEM) AND/OR THE FACT THAT CERTAIN INFORMATION OR MATERIALS CONTAINED ON/WITHIN OUR SERVICES ARE INCORRECT, INCOMPLETE, INSECURE, UNSTABLE, UNRELIABLE OR NOT UP-TO-DATE;

iv) FOR PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND ANYTHING ELSE PROVIDED BY A THIRD PARTY (INCLUDING BUT NOT LIMITED TO THIRD PARTY SOFTWARE) THAT IS ACCESSIBLE TO YOU THROUGH OUR SERVICES;
v) FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES (INCLUDING MALICIOUS ACTORS THAT MAY EXPLOIT ANY PART OF THE ROMB SERVICES), OR YOUR TRANSACTIONS OR ANY OTHER INTERACTION WITH ANY SUCH THIRD PARTIES OR THIRD-PARTY SOFTWARE;
vi) FOR THE QUALITY OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICE. ;

vii) FOR ANY SMART CONTRACT OR RELATED FAILURES, RISKS, OR UNCERTAINTIES ASSOCIATED WITH THE ETHEREUM BLOCKCHAIN SUCH AS FORKS, TECHNICAL NODE ISSUES, REPUDIATED TRANSACTIONS, MIGRATIONS AND UPDATES OR ANY OTHER ISSUES CAUSING LOSSES;

viii) FOR USER ERROR SUCH AS FORGOTTEN PASSWORDS OR SEED PHRASES AND YOUR STANDARDS OF PERSONAL SECURITY THAT MEAN YOU LOSE CONTROL OF YOUR TOKEN WALLET AND/OR THE TOKENS OR DIGITAL ASSETS DISPLAYED THEREIN,

AND YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY.

NO CONSEQUENTIAL LOSS: WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROMB AND THE ROMB PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS AND ANY OTHER FORM OF ECONOMIC LOSS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE INTERFACE OR ANY OF THE ROMB ACTIVITIES OR ROMB TOKENS.

YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

REMEDIES: YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES AND THE DIGITAL AND PHYSICAL PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM, INCLUDING BUT NOT LIMITED TO THE ROMB TOKENS IS TO CEASE USE.

INVIOLABLE STATUTORY REMEDIES: SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. TO THE EXTENT THAT ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, ROMB ’S AND ROMB PARTIES’ LIABILITY FOR DAMAGED UNDER THESE TERMS SHALL IN ALL CASES BE LIMITED TO, AND UNDER NO CIRCUMSTANCES SHALL EXCEED:

i) IN THE CASE OF RMB TOKEN PURCHASES AT FIRST INSTANCE:THE NUMBER OF TOKENS AT ISSUE OR THE RELEVANT FIAT OR DIGITAL CURRENCY EQUIVALENT OF THE NUMBER OF TOKENS AT ISSUE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF ROMB (AS CONVERTED INTO THE RELEVANT TOKEN UNITS OR DIGITAL OR FIAT CURRENCY, AS APPLICABLE);
ii) IN THE CASE OF ROMB TOKEN PURCHASES AT FIRST INSTANCE - GAME TOKENS: THE RELEVANT FIAT OR DIGITAL CURRENCY PRICE PAID FOR THE GAME TOKEN AT FIRST INSTANCE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF ROMB (AS CONVERTED INTO THE RELEVANT TOKEN UNITS OR FIAT OR DIGITAL CURRENCY, AS APPLICABLE);

iii) IN THE CASE OF PHYSICAL GOODS: THE RELEVANT PRICE DENOMINATED IN FIAT CURRENCY OR UNITS OF CRYPTO-TOKENS PAID FOR THE GOODS AT FIRST INSTANCE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF ROMB (AS CONVERTED INTO THE RELEVANT FIAT CURRENCY OR CRYPTO-TOKEN UNITS, AS APPLICABLE).

iv) IN THE CASE OF ALL OTHER ROMB ACTIVITIES: ONE HUNDRED DOLLARS (USD).

THE RELEVANT TIME JUNCTURE FOR DETERMINING THE CONVERSION RATE FOR THE CAPPED QUANTUM OF RECOVERY AVAILABLE TO YOU UNDER THIS CLAUSE IS AT THE TIME OF PURCHASE.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ROMB DAO, ITS MEMBERS, CONTRIBUTORS, DELEGATE ENTITIES, AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, CONTRIBUTORS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE “ROMB PARTIES”) FROM AND AGAINST ALL ACTUAL OR ALLEGED THIRD PARTY CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, INTEREST, FEES, EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) AND COSTS (INCLUDING WITHOUT LIMITATION, COURT COSTS, COSTS OF SETTLEMENT, AND COSTS OF OR ASSOCIATED WITH PURSUING INDEMNIFICATION AND INSURANCE), OF EVERY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OR YOUR USE OF THE SERVICES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT OR OTHERWISE (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY OR PERSONAL INJURY, THAT ARE CAUSE BY, ARISE OUT OF OR ARE RELATED TO (A) YOUR USE OR MISUSE OF THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY OR THROUGH THEM INCLUDING ANY ROMB TOKEN (B) YOUR VIOLATION OF THESE TERMS OF USE, (C) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING ANOTHER USER. YOU AGREE TO PROMPTLY NOTIFY ROMB OF ANY THIRD PARTY CLAIMS AND COOPERATE WITH THE ROMB PARTIES IN DEFENDING SUCH CLAIMS. YOU FURTHER AGREE THAT THE ROMB PARTIES SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD PARTY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ROMB .

Release

You hereby release and forever discharge ROMB and the ROMB Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users). IN CONNECTION WITH THE FOREGOING YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OR RULE IN YOUR JURISDICTION, WHICH STATES IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Tax

Overview: The tax treatment of token activities can vary depending on your country of tax residence and nature of activities. You alone are solely responsible for ensuring you are compliant with the tax laws relevant to your ownership, purchase and use (including subsequent trade) in ROMB Tokens and for keeping your own records that are sufficient for you to determine the tax treatment of your activities in relation to your use of our Services and our products, including your purchase, sale and use the ROMB Tokens and in particular, our Game Assets.

Liability: You alone are solely responsible for and will pay all fees and applicable taxes incurred by you in connection with your use of our Services and our products, including your purchase, sale or use of ROMB Tokens and in particular, our

Sales Tax: Your purchase or sale of ROMB Tokens including the Game Assets or other digital or physical goods may be subject to VAT, GST or any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax or other similar or equivalent tax, as applicable (Sales Tax). If ROMB determines that it has a legal obligation to collect any Sales Tax (including, without limitation, any taxes that may become payable as the result of your purchase or sale of any of your Game Assets) from you in connection with these Terms, we shall collect such Sales Tax directly or through our delegate entity. If any of our Services or products, or payments for any Services or products are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.

All prices quoted by ROMB for our sales or auctions (where we are the first instance seller) are treated as inclusive of any applicable VAT or other equivalent or similar tax to the extent any such tax is applicable.

Users who conduct sales (i.e. P2P sales) on the ROMB will be responsible for specifying whether the prices they have quoted are inclusive or exclusive of any applicable VAT or other equivalent or similar tax, as well as assessing and administering any tax obligations applicable to those sales.

Governing Law

These Terms of Use and your use of our Services are governed by and constructed in accordance with the laws of England and Wales, as applicable to agreements made and to be entirely performed in the jurisdiction in which ROMB ’s delegate entity is responsible for your access to our Services, without regard to its conflicts of law principles.

Disputes

Informal Negotiations. Any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or ROMB (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute or (ii) thirty (30) days before initiating an arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. You can write to us at support@rombgame.com

Binding Arbitration: Any Dispute, including any question regarding the existence, validity or termination of these Terms and our agreement formed with you, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Dubai, United Arab Emirates. The Tribunal shall consist of 3 arbitrator(s). The language of the arbitration shall be English.

Nothing in this clause shall affect the statutory rights you have as a consumer, under the consumer law relevant and applicable to you.

PLEASE READ THE FOLLOWING CLAUSES CAREFULLY AS THEY MAY SUBSTANTIALLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT.

Waiver of class or consolidated actions: ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then its remaining portions will remain in force.

Limitation on time to file claims: Except where we may not lawfully impose a bar to action, any cause of action or claim you may have arising out of or relating to these Terms, your use of our Services or the ROMB Tokens MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR OTHERWISE SUCH CAUSE OR ACTION OR CLAIM IS PERMANENTLY BARRED.

Any changes to the dispute resolution provisions in the course of updating these Terms will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website

Exceptions to the Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Each Party agrees that, if any portion of this provision is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction located in Dubai, United Arab Emirates, or a jurisdiction of ROMB ’s sole determination.

Miscellaneous

Communications and Notice Requirements:

Notice and Communications: For contractual purposes, you consent to receive communications from ROMB in an electronic form (e.g. via email, Discord, or by posting notices or push notifications to the Services) and agree that all terms and conditions, agreements, notices, disclosures, and other communications that ROMB provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. The foregoing does not affect your statutory rights, which may include without limitation the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign") or any comparable law or rule of your jurisdiction.

Updates: We periodically update or modify our Terms of Use and do so at our sole discretion, therefore we strongly encourage you to review these Terms and any updates. We will notify you of updates by publishing updated Terms, which will take effect immediately unless otherwise indicated. By continuing to use the Services after any update, you confirm your acceptance of the revised Terms. If you do not agree and accept revised Terms, then you are expressly prohibited from using the Services and must discontinue their use.

Priority: Rules may supplement or amend these Terms of Use and are found as Annexures to this document, or are expressly identified as such in other ROMB Media or communications. Rules will take precedence over Terms and become part of your agreement with us if you use our Services. Terms, Rules and Policies are referred to herein as “Terms” and “Terms of Use”. To the extent that any statement in these Terms is inconsistent with statements made on the ROMB Interface, Discord, Twitter or any other media channel, or any inconsistency between these Terms and your understanding of, or the performance of any ROMB smart contracts, the statements in these Terms prevail. In the event of any inconsistency, these Terms must be interpreted in accordance with the following order of priority: Rules (whether in Annexures to these General Terms, or expressly identified as Rules in other ROMB Media or communications), then these General Terms, then any Policies on the Interface, then any other documents or information incorporated by reference to these Terms.

Entire Agreement: These Terms of Use and any Rules, policies or other documents posted by us on the Services, or with respect to the Services, constitute the entire agreement and understanding between you and ROMB .

Severability: Each provision of these Terms is individually severable. If a clause or part of a clause of these Terms can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.

No Waiver of Rights: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Assignment: These Terms of Use operate to the fullest extent permissible by law. You may not assign these Terms of Use, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign any or all of our rights and obligations to others at any time.

Force Majeure: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

No implied relationship: There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services.

Contra Preferentum: You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

No Third Party Rights: Except as otherwise set forth herein, these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

English Accepted Language: All communications and notices made or given pursuant to these Terms must be made in the English language. If we provide a translation of the English language version of these Terms, the English language version of the Agreement will control if there is any conflict.

Export Laws: You agree that you will not export or re-export, directly or indirectly, the Service, and/or other information or materials provided by us 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, our 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, or (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. By using our Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

Interpretation: In the interpretation of these Terms, unless the context otherwise requires:

Headings are convenience only and do not affect the interpretation of this Agreement.
If the day on which any act, matter or thing is to be done under these Terms is not a business day, the act, matter or thing must be done on the next business day.
A reference in these Terms to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.
A reference to a clause, part, paragraph, schedule, attachment or the like is a reference to such in these Terms.
An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.
Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.
A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders.
References to the word 'include' or 'including' are to be construed without limitation.

Definitions

Acceptable Use Policy is set out at Section 9 of our General Terms;

Account means User Accounts and is defined at Section 6 of our General Terms;

Application or App means ROMB ’s game applications, including website applications and mobile applications;

Applicable Laws means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other decision, requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;

Artwork is defined at Section 5 of our General Terms;

Claim is defined at Section 16 of our General Terms;

Cobranding Partner is defined at Section 5 of our General Terms;

Collaboration Game Asset or Item is defined at Section 5 of our General Terms;

Content is defined at Section 5 of our General Terms;

Contributors to the ROMB DAO is defined at Section 5 of our General Terms;

Contributor IP is defined at Section 5 of our General Terms;

Dispute is defined at Section 20 of our General Terms;

Element Sites are a feature of specific Land Plot NFTs, contribute to their value and are used to construct Structures in Zero and power activities like extracting Fuel;

Fan Art is defined at Section 5 of our General Terms;

Fees, Payments and Commissions are charged by us for accessing and use of one or more of our Services and are set out at Section 10 of our General Terms;

Founder Content is defined at Section 5 of our General Terms;

Founder Contributor means the Warwick brothers;

Game Assets means ROMB ’s digital assets used within and across the ROMB Games in gameplay. A description of the main ROMB Game Assets and at a high level, how they are acquired and used follows:

Game Asset Terms means any terms we impose on the purchase, sale or use of specific Game Assets, with such terms displayed at point or sale or otherwise within the Services;

Gas Fees is defined at Section 10 of our General Terms;

ICCP means ROMB Configuration Change Proposals (ICCPs);

IIP means ROMB Improvement Proposal and is the mechanism by which changes to ROMB ’s Services are made, further to the DAO’s prevailing model of governance.

ROMB MARKETPLACE is the marketplace where users can offer to sell, and sell certain Game Assets to, and offer to buy and buy certain Game Assets from, other users.

ROMB / We / Our / Us means the ROMB DAO or our nominated delegate entity or entities, as the context requires;

ROMB Games means all game titles produced by ROMB ;

ROMB Game Asset License and Terms means the license and corresponding terms set out at Section 5 of our General Terms;

ROMB Main Council is the principal governing body of the ROMB DAO, elected by the ROMB community each epoch, and operates further to the DAO’s prevailing model of governance;

ROMB Merchandise means ROMB official merch sold ;

ROMB Parties is defined at Section 16 of our General Terms;

ROMB Tokens means ROMB ’s various Game Assets and Items and other digital assets that are not used in gameplay, i.e RMB and RMG;

RMB means the governance token of the ROMB DAO, ticker RMB. It comprises voting power in the protocol to constitute the ROMB DAO. RMB token ownership determines the ROMB game ecosystem and its operation;

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:

inventions, discoveries and novel designs;
literary works, dramatic works, musical works, artistic works, films, broadcasts and any other works or subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may in the future, subsist;
confidential information, trade secrets and know-how;
registered and unregistered trade marks and service marks; and
internet domain names.

Force Majeure: We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under these Terms or other contracts when caused by events that are beyond our reasonable control (Force Majeure). Force Majeure events are any act, event, failure to exercise, omission or accident that is beyond our reasonable control and include but are not limited to: war (declared or not), preparation for war, civil unrest, revolt, invasion, terrorist attack or terrorist threat, strike, lockout or other forms of protest; fire, storm, flood, earthquake, collapse, explosion, epidemic, pandemic or any other natural disaster, logistics and transport failures including inability to use trains, ships, aircraft and any other means of transport, public or private; inability to use public or private telecommunications systems; acts, decrees, legislation, regulations or restrictions of any government or public authority; strike, failure or accident in maritime or river transport, postal transport or any other type of transport; alien invasion; zombie invasion; border closures, government shutdowns, trade blockages, embargoes and disruptions to global trade. All our obligations are suspended (under these Terms or other contracts) during a period in which a Force Majeure event or series of events remains in effect; however we will endeavor to resolve disruptions caused by such events and to find solutions to enable us to fulfill our obligations.

Contact Us: All merchandise support enquiries including return requests can be made to support.

Terms & Conditions

Introduction

Representations and Warranties

Risk Warning

Our Services

ROMB Intellectual Property

User Content

Third Party Websites and Content

Acceptable Use Policy