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Account Management
Minimum transfer is 100 mETH (0.1 ETH)
Withdrawals are for whole balance
We'll show all the Koalas you minted, even those who may have been sold or transferred.
Deposit 100 mETH
Withdrawals are for whole balance
We'll show all the Koalas you minted, even those who may have been sold or transferred.
Deposit 100 mETH
ACCOUNT DELETION
Please be aware that if you close your account all promo credits and mint credits you still have will be erased.
Even if you re-register with the same address, these will not be credited back to you.
Even if you re-register with the same address, these will not be credited back to you.
Account Refund
Player account balance:
Gas fees:
Total refunded to wallet:
Gas fees:
Total refunded to wallet:
>
Mint your fashionable Koala!
The Bling Koala Fashion Klub rules, terms & conditions
The Bling Koala Fashion Klub is a service provided by KrappyK
Please read these Terms and Conditions carefully before you use the Services at KrappyK and make sure that you understand its content. These Terms and Conditions, together with the Privacy Policy, constitute a binding agreement (the “Agreement”) between you and KrappyK.
By registering an Account at KrappyK, you agree that you have read and understood these Terms and Conditions and the Privacy Policy and acknowledge that these shall apply to you.
If you do not agree to any of these Terms and Conditions or the Privacy Policy you must immediately stop using the Services.
If you have any doubts concerning your rights and obligations under this Agreement, please seek advice from an attorney in your jurisdiction. It is essential that you are aware of the laws in your jurisdiction prior to registering. KrappyK is not responsible for any liability to you relating to matters of jurisdiction.
1. PURPOSE OF THESE TERMS AND CONDITIONS
1.1 The objective of these Terms and Conditions is to govern the legal relations between KrappyK and a Player.
2. DEFINITIONS AND INTERPRETATION
2.1 The words and terms below, when used in this contract, have the meaning given here, unless the context clearly implies otherwise and will govern the Player’s use of the Website.
2.1.1 Agreement: These Terms and Conditions.
2.1.2 NFT: Non fungible token.
2.1.3 Devices: means any application devices, included but not limited to personal computers, laptops, mobile telephones, smart phones, tablets or any other such mobile device, personal digital assistants, PDA telephones employed for the use of and access to the Website and participation in the Services.
2.1.4 KrappyK, Us or We: The operator of the Website
2.1.5 ETH: Ethereum
2.1.6 Player: A person who has a Player Account and who uses the Services.
2.1.7 Player Account: an account with KrappyK on the Website.
2.1.8 Privacy Policy: The privacy policy.
2.1.9 Representatives: representatives, directors, agents and employees.
2.1.10 Service or Services: All games, services and any related content or Software, whether or not in downloadable format, accessible or otherwise used by you through the Website and allowing you to participate in the services provided by KrappyK. The Services contains KrappyK’s own proprietary content as well as content of third party providers.
2.1.11 Software: The software licensed by us including all programs and databases and any other derived content, requiring download, accessible or otherwise used by you through the Website and allowing a Player to play online games.
2.1.12 Terms and Conditions: these terms and conditions.
2.1.13 Website: this website, one of its URL being https://blingkoalas.io
2.2 In these Terms and Conditions, unless the context requires differently:
2.2.1 References to these Terms and Conditions include references to any amended Terms and Conditions, which supersede these Terms and Conditions;
2.2.2 Unless otherwise stated, in case of conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions will prevail;
2.2.3 References to KrappyK shall be deemed to include their respective successors, beneficiaries or transferees;
2.2.4 Section headings are for reference only and shall not affect the interpretation of these Terms and Conditions;
2.2.5 References to a "person” include any individual, company, partnership, joint venture, association, organization, institution, trust or agency, having a distinct legal character;
2.2.6 References to gender include every gender and references to the singular include the plural and vice versa;
2.2.7 References to servers or "our server" or “our servers”, if appropriate, include a reference to a third-party server or servers used to provide the Services or Website;
2.2.8 Any sentence introduced by the words "comprising" or "including" or a similar expression is indicative and does not limit the meaning of words that follow, and will be considered "without limitation”.
3. ACCEPTANCE OF TERMS AND CONDITIONS
3.1 By registering an Account with KrappyK, you confirm that you have read and understood these Terms and Conditions, which may be modified from time to time, and acknowledge that they will govern your use of the Services.
3.2 The Agreement applies to the usage of the Services and comes into force as soon as you tick the three declaration boxes during the registration process and create your Player Account. Ticking these boxes confirms to us that you have read, understood and accept these Terms and Conditions You certify that you are of legal age for playing and paying in crypto in the country from which you are accessing the Services and that you have read this Terms and Conditons
3.3 By using the Services, you agree to the Terms and Conditions. Any material changes to the Terms and Conditions will be communicated in writing, and accepted by you before such changes are implemented.
3.4 For information purposes, ease of understanding and ease of access by the Player these Terms and Conditions may be published in several languages. Each and every version will contain the same principles however it is only the English version that shall govern the legal relationship between you and us. Should any form of discrepancy arise between the non-English and the English version of these Terms and Conditions, the English version shall prevail over the non-English version.
3.5 Any rights not expressly granted in these Terms and Conditions are reserved.
3.6 If you do not entirely agree with these Terms and Conditions, you should immediately cease to use the Services.
4. MODIFICTION TO THE TERMS AND CONDITIONS
4.1 KrappyK reserves the right to amend, modify and update these Terms and Conditions, the Game Rules and Privacy Policy at any time. KrappyK also reserves the right to modify either partially or completely the terms of any promotion. In the event the Terms and Conditions undergo a material change, a notification prior to such a change will be issued to the Player. On issuing such a notification the Player will have to accept the new terms and conditions before being able to access our Services again.
4.2 Continued use, access to and participation in the Services through the Website or any Devices after such notification shall constitute your acceptance of the update Terms and Conditions, Privacy Policy and Game Rules.
4.3 These Terms and Condition represent the entire Agreement and understanding between you and us and cannot be modified except as expressly provided in clause 4.1 above. For the avoidance of doubt this expressly excludes any variation or change to these Terms and Conditions given orally, by chat, SMS, email or other such means inadvertently or otherwise by our individual customer service representative or any other KrappyK representative.
5. OPENING AN ACCOUNT
5.1 In order to play with KrappyK and to use the Services, you must provide a valid Ethereum address.
5.2 By agreeing to these Terms and Conditions, you agree and declare that you have entered your own personal address, and that the source of all funds used on the Website are derived from legal activities and that you will not use the Website for illegal or fraudulent activity, including (and without limitation) money laundering as provided by the governing law that applies to You and/or KrappyK.
5.3 A person cannot request to open a Player Account or hold a Player Account if such person will not be the Player Account holder or if they are acting on behalf of a third party.
5.4 DELETED
5.5 We reserve the right to close a Player Account. Player Accounts may be closed, at KrappyK's sole discretion. Subject to these Terms and Conditions, including those terms which permit KrappyK to withhold deposits, any contractual obligations of either a Player or KrappyK which have been made prior to a Player Account being closed will be honored.
5.6 A Player must not authorize any third party to use their Player Account but a Player will be entirely responsible for all losses which are incurred as a result of having a third party use their Player Account. The Player must immediately inform KrappyK if they suspect that another person has obtained access to their Player Account, and the Player will offer their full support to KrappyK while investigating this issue.
5.7 The Player must not request or create a Player Account if they are in a jurisdiction in which the application for the opening of a Player Account and / or the use of our Services is illegal or against the law. It is the Player's responsibility to ensure that this is not the case. KrappyK reserves the right to suspend and/or terminate a Player's Account immediately if KrappyK discovers that the Player's Account has been opened in a country where it is illegal to access the Services.
6. PLAYER'S PERSONAL INFORMATION & PRIVACY POLICY
6.1 KrappyK does not store any Player’s personal information and does not use Cookies. Ethereum addresses are not considered Player’s personal information under this Terms & Condition.
7. LICENCE TO USE THE SERVICES
7.1 We hereby grant you a personal non-exclusive, non-transferable licence to use the Services in accordance with these Terms and Conditions and subject to the following conditions:
7.1.1 You are at least 18 years of age, or the legal age required by the governing laws in the country where you reside, and that you are able to assume responsibility for your actions;
7.1.2 DELETED
7.1.3 The use of the Services is a right that is bestowed upon you personally to play a game on the internet. This right is given to you with a personal and not a commercial purpose;
7.1.4 You may not under any circumstance authorize a third party to use your Player Account, your password or your Ethereum addresses to access the Services;
7.1.5 You understand the rules and procedures the game offered on the Website;
7.1.6 It is your responsibility to note the rate or odds that apply to the game before you decide to play and you acknowledge that rates and odds will change with time as more players enter the game;
7.1.7 We reserve the right not to release any funds suspected to be connected to or proceeding from crime to you;
7.1.8 You acknowledge that it is strictly forbidden to post or transmit to the Website and or Devices or to any other Players any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
7.1.9 You will not create or provide any means (including, without limitation, via emulators) through which the Software may be used by others.
7.1.10 You acknowledge that when playing the game through the use of the Services means that you are spending cryptocurrency. It is your sole responsibility to assume the expenditures through your Player Account;
7.1.11 You acknowledge that our Services are consumed instantly when playing. Thus, we cannot provide returns of goods or refunds or, subject to any terms to the contrary, cancellation of your used cryptocurrency once they have been used. When you play a game on the Website with cryptocurrency, the cryptocurrency will be drawn from your Player Account instantly;
7.1.12 You certify that you will not violate or attempt to violate or manipulate KrappyK’s security measures in any way. If KrappyK has reasonable suspicion with respect to this clause, KrappyK reserves the right to suspend or terminate your Player Account immediately, to return all unused cryptocurrency on your Player Account (minus transaction fees), and to deny you access to the Website (and all other websites) and Services offered by Us;
7.2 Upon termination of this Agreement, the license issued pursuant to clause 7.1 shall be automatically revoked and you shall stop using the Software.
8. AGE & CRYPTOCURRENCY REQUIREMENT
8.1 If you are under 18 years of age, you cannot use the Website and the Services.
8.2 You can only use the Websites and the Services if you are at minimum the legal age for playing online games using cryptocurrency in your jurisdiction.
8.3 You can only use the Websites and the Services if cryptocurrency is legal in your jurisdiction.
9. FURTHER CONDITIONS OF USE
9.1 You warrant:
9.1.1 that you are acting on your own behalf; and
9.1.2 you are not depositing cryptocurrency originating from criminal or other illegal or unauthorized activities.
9.2 DELETED
9.3 You accept that you are solely responsible for the supply and maintenance of all the computer equipment and telecommunication network and internet access services that you need to use in order to access the Services. We will not be liable for any loss caused to you by any failure of your computer equipment, telecommunications network and/or internet access.
9.4 You warrant you will not commit any acts or display any conduct that damages KrappyK or any KrappyK Group company’s reputation.
9.5 You warrant are not a Politically Exposed Person (“PEP”) nor do you appear on any international Sanction List.
10. OUR RIGHTS AND RESPONSIBILITIES
10.1 KrappyK is not responsible for the potential access to a Player’s Account by a third party and will not be held responsible for any potential loss suffered due to the illicit use of a Player’s password by a third party without authorized access, and/or for any transaction in which the Ethereum address and password of a Player were registered correctly.
102 KrappyK reserves the right, at its sole discretion, to report any suspicious transaction and to transmit any information to the appropriate authorities and without notice to you. In such a case, you waive all rights of any nature that may be recognised anywhere of the communication of such information. In addition, KrappyK reserves the right to withhold all the funds KrappyK believes to be derived from cheating, fraudulent or unlawful activity and where required, without giving reason to you for withholding said funds.
10.3 KrappyK reserves the right, at its sole discretion, to suspend, modify, end, revoke the use of and/or add elements to its Services, either temporarily or permanently, at any time without notice or compensation, subject to compliance with its regulatory obligations and subject to fulfilling all other commitments made under these Terms and Conditions.
11. FORBIDDEN JURISDICTIONS
11.1 Certain countries have not addressed the legality of cryptocurrencies and games such as the ones offered by the Website, and others have specifically determined either or both to be illegal. The use of the Services is in no way meant to be used by people who are forbidden by law to use it. The availability of the Services shall not be interpreted as an offer or invitation on our part to use the Services in a country where such use is illegal.
11.2 By accessing the Services, you confirm that you are not located in a country where it is illegal to play our game and/or to fund your Player Account with cryptocurrency.
11.3 KrappyK reserves the right to suspend a Player Account if it is used to access the Website from a country where it is illegal to play our game and/or use cryptocurrency as listed in clause 11.2.
11.4 You are entirely responsible for informing yourself of the laws in your jurisdiction in respect of the use of the Services.
12. DELETED
13. DEPOSITS
13.1 Deposits are made in Ethereum. No other cryptocurrency or blockchain is accepted to fund your Player Account.
13.2 Deposits are subject to gas fees paid by the Player directly from their wallet. KrappyK does not control nor is responsible for the amount of gas paid by the Player for a deposit to a Player Account.
13.3 Minimum deposit on a Player account is 0.1ETH. Minimum deposit limit is set regardless of the amount already in a Player Account.
14. WITHDRAWALS
14.1 Withdrawals are possible at any time and do not require the Player to play the game.
14.2 Withdrawals are always for the whole balance of the Player Account.
14.3 Withdrawals are subject to Ethereum gas fees paid by the Player. KrappyK does control the amount of gas necessary to refund the Player. The amount of the gas fee for a Withdrawal is 3% of the value of the Player Account with a minimum of 50,000 gas at the current gas price at the time of the Withdrawal request.
14.4 KrappyK may adjust gas fees at any time.
15. GAME RULES
15.1 NFT randomizer
15.1.1 The game is played by generating a random assembly of graphic images that form a picture by superposition (“a drawing”). The odds of each of the random images are governed by the amount of Ethereum the Player pays to generate a set.
15.1.2 At the end of a drawing, the Player can decide to mint the resulting picture into a non-fungible token on the Ethereum chain (an “NFT”).
15.1.3 All generated NFTs are ERC721 compliant tokens.
15.1.4 All generated NFTs support royalty signaling per ERC2981 and may be subject to royalties when sold on an exchange that honors ERC2981 signaling.
15.1.5 All drawings are logged and recorded in the transaction log database.
15.1.6 The amount the Player pays for a drawing is 0.001ETH, 0.002ETH or 0.004ETH. These amounts will determine the odds of each of the images that compose the resulting NFT.
15.1.7 Once a drawing is complete, the Player has the option to lock one of the images of the drawing for 0.005ETH. This image will be kept for the next drawing. This option is available another time after the next drawing, then resets. Once an image is locked and the next drawing has taken place, it will remain locked for the drawing after.
15.1.8 KrappyK reserves the right to change lock and drawing cost at any time.
15.1.9 You acknowledge that our Random Number Generator (RNG) will determine the outcome of the game and other randomly generated processes that are part of our Services. You agree that the outcome of the RNG is final.
15.1.10 In the case of an interrupted or disconnected game, the Website adjusts the balance of an account depending on what it sees internally and on chain. If a disconnection happens after a fund transfer or a minting request placed on the Ethereum chain, the Ethereum chain is the single source of truth.
15.1.11 Promotional credits may be granted, either with each non-locked draw or through special offers by KrappyK. Promotional credits can be used towards draws and locks. Promotional credits have no monetary value and cannot be used towards minting or withdrawn for cryptocurency.
15.1.12 Base odds for draws and promotional credits are posted on the Website.
15.2 Minting
15.2.1 The base amount the Player pays to mint a token is 0.05ETH.
15.2.2 Payment of any taxes, fees, charges and levies that may apply to your NFT under any applicable laws shall be your sole responsibility.
15.2.3 The NFT will be transferred to the Player provided Ethereum address as long as there are enough fund in the Player Account to pay for the minting and any other debt the Player may have incurred while using the Service.
15.2.4 Minting cost are adjusted based on gas price at the time of minting. The Service will pay for 0.01ETH in gas fees. Any gas cost above 0.01ETH will be charged to the Player Account. Minting requires about 180,000 gas, so Players will start getting charged for gas if gas price at the time of minting goes above around 55 GWEI.
15.2.5 Players can add a "premium" background for their NFT for an extra 0.005ETH.
15.2.6 Minting costs are offset by what a Player has already spent playing the game ("mint credits"). Mint credits represent the cumulative amount of Ethereum spent on drawings, including locks. Mint credits start counting towards a minting discount once they reach 0.025ETH. Mint credits are reset after each mint, whatever their amount. Mint credits below 0.025ETH are not lost after a mint.
15.2.7 KrappyK reserves the right to change minting cost at any time.
16 ROYALTIES
16.1 When selling an NFT acquired on the Service on a platform that honors ERC2981 royalties, a royalty of 5% of the sale price of this NFT will be added to the sale. The royalty beneficiary is KrappyK.
17. CUSTOMER COMPLAINTS AND DISPUTES
17.1 Player complaints are taken seriously at KrappyK.
17.2 If you have a complaint or are experiencing difficulty with the Services you can raise your complaint with the Customer Support team via Twitter @KrappyKoalas.
17.3 Any complaint or claims of any nature, including with regard to the Player Account (gameplay, transactions or other matters) or Player Account balance, should be communicated to us as soon as possible by contacting our Customer Support team and no later than 5 days after the issue has occurred.
17.4 KrappyK commits to respond to the complainants with the results of the inquiry within one month from the date of the lodgment of the complaint, and will endeavor to provide a prompt resolution of issues at hand.
18. PLAYER ACCOUNT CLOSURE AND SUSPENSION
18.1 Closing your Player Account
18.1.1 You can close your Player Account at any time.
18.1.2 Upon closing your Player Account, subject to any other term, you can withdraw your balance in accordance with our Withdrawal Policy.
18.1.3 By closing your Player Account you loose all accumulated minting credits and other promotional credits you may have received through special offers or through playing.
18.2 Suspension of your Player Account
18.2.1 Without restricting our ability to rely on other remedies that may be available to KrappyK, KrappyK reserves the right to close or suspend your Player Account and/or withhold any amounts in your Player Account at its absolute discretion if we have reason to believe any of the following, that:
18.2.1.1 you are not of legal age for playing the game in your jurisdiction;
18.2.1.2 you are found colluding, cheating, money laundering or undertaking any kind of fraudulent activity;
18.2.1.3 you are acting other than on your own behalf or otherwise in concert with others or engaging in illegal or fraudulent activity while interacting with the Services;
18.2.1.4 you have breached any of these Terms and Conditions;
18.2.1.5 you are acting in a manner that is detrimental to the conduct of our business;
18.2.1.6 it is illegal for you to interact with the Services in any way;
18.2.1.7 KrappyK is required to do so by law;
18.2.1.8 there is an ongoing dispute between KrappyK and the Player;
18.2.1.9 you are found to be a PEP or appear on a Sanction List;
18.3 Immediately following the cancellation of this Agreement by either party, KrappyK will return the amount in your Player Account subject to any withdrawal fees.
18.4 Upon termination of your account, you agree and acknowledge that your rights to use the Website or the Services shall immediately terminate.
19. DELETED
20. INDEMNITY
20.1 By accepting these Terms and Conditions, you agree to indemnify us, to defend us and to exonerate KrappyK, each KrappyK Group company or their Representatives on demand in respect of any claim, damage, loss (whether direct or indirect), loss of reputation, loss of profits, cost or expense suffered by KrappyK, any KrappyK Group company or their Representatives, including but not limited to all legal fees, in relation to:
20.1.1 any breach by you of these Terms and Conditions, rights of a third party or any law or regulation;
20.1.2 your access to the Website;
20.1.3 Any use of the Services (by you or another person);
20.1.4 download and installation of the Software on any Devices;
20.1.5 any action / legal proceedings, claims, demands, or complaints made by a third party against KrappyK or any KrappyK Group company resulting from any breach by you of these Terms and Conditions and/or any relevant laws or rights of third parties;
20.1.6 your fraud, dishonesty or criminal act.
21. INTELLECTUAL PROPERTY RIGHTS
21.1 All rights, trademarks, patents and other intellectual property rights on any material or content (including but not limited to, software, data, applications, information, text, photographs, music, sounds, videos, graphics, logos, symbols, and other material or moving images) contained on the Website ("Content") belong to KrappyK or have been granted for our benefit by the owners of the rights as part of the Service. No use of such Content and intellectual property rights relating thereto without the prior written consent and express consent of the owner is permitted. All rights are reserved. The artwork base used for the minting of NFTs is excluded from this claim.
21.2 In particular, as regards the Content (in whole or in part) the Player is forbidden, to engage in prohibited activities listed below (collectively, "Prohibited Acts"):
21.2.1 The sale, transfer, lease or subcontract of Content;
21.2.2 To change, edit, modify, adapt or restructure the Content in any way;
21.2.3 To copy, distribute, perform or attempt to access the source code of the Content for any purpose;
21.2.4 To use the Website for any unlawful or illegal purposes or that in any way in breach of these Terms and Conditions.
21.3 If the Player commits a Prohibited Act, the Player will be held entirely responsible for all damages, costs and expenses arising therefrom.
21.4 The Player may copy the Content in an unaltered form for private use on their own personal computer, mobile phone or other access device, if and to the extent that such a copy is required for appropriate use of the Services.
21.5 The Player shall inform KrappyK immediately if they are aware of any unauthorized use or copying of any Content or any part of the Website or any unauthorized access to any site or other unauthorized activities, including but not limited to, any Prohibited Act related to the Services by any person or entity. The Player agrees to provide KrappyK with all the assistance necessary for any search KrappyK carries out in accordance with information that the Player provides KrappyK with.
21.6 NFTs minted as a result of using the service become the property of the Player. The Player is free to use them as they see fit. Selling the NFTs may result in royalties being paid to KrappyK (See Royalties section).
22. EXCLUSION OF WARRANTY
22.1 You acknowledge that you have chosen to use the Services willingly and at your own risk and discretion.
22.2 KrappyK offers the Services 'as is', with no warranties, assurance, commitments or any declaration explicit or implied, legal or other.
22.3 KrappyK hereby excludes all terms, conditions, and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and/or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of service and of the application with regards to the failure to respect governing rules and laws.
22.4 It remains your responsibility to protect your system from all computer viruses and KrappyK, under any circumstances, shall not be held responsible for any losses incurred in relation to any viruses. In case of viruses in our systems, we reserve the right to suspend the Services.
22.5 We do not guarantee that:
22.5.1 the Services are entirely secure and exempt from error;
22.5.2 the Services are updated regularly;
22.5.3 any defect in the Services are regularly corrected;
22.5.4 that access to the Services will be uninterrupted;
22.5.5 the Services are virus or bug free;
22.5.6 the Services will be continually operational;
22.5.7 that the Services are adequate;
22.5.8 that the material on the Website or obtained via the Website, including results of matches, is adequate and reliable.
22.6 KrappyK will not be held responsible for any act or omission by an internet service provider or of any other third party, including those with whom you may have contracted in order to have access to the Services. In case of litigation between the internet service provider and yourself, KrappyK cannot be a party to the suit, and such suit shall in no way affect the Player's obligations under this contract.
22.7 Nothing in these Terms and Conditions will exclude or restrict KrappyK’s responsibility in any manner which is prohibited by relevant laws.
23. LIMITATION OF LIABILITY
23.1 Nothing in these Terms and Conditions is intended to:
23.1.1 exclude or limit our liability for fraud or for death or personal injury resulting from our negligence; or
23.1.2 limit your statutory rights (statutory rights include, for example, that we will provide our Services to a reasonable standard and within a reasonable time).
23.2 Except under Clause 23.1 above and save in respect of any winnings lawfully due to you in accordance with these Terms and Conditions, our maximum liability to you in relation to any one incident or series of related incidents is limited to the greater of:
23.2.1 where such liability relates to the misapplication of funds in your Player Account, the amount that has been lost or misplaced; or
23.2.1 Zero point One Ethereum (0.1 ETH)
23.3 Subject always to Clauses 23.1 and 23.2, we will not be liable for any loss to you or a third party, that could not have been reasonably expected at the time you register or at the time you enter into a transaction for Services, such as any loss of income, business or profits or any information which is lost or corrupted, including but not limited to any damage or loss suffered or incurred by you as a result of:
23.3.1 any use of our Services in breach of these Terms and Conditions (including any use of our Services for commercial or business purposes);
23.3.2 failures caused by the equipment you use to access our Services, Website, call centre or mobile applications or failures in any network (including failures by your internet service provider);
23.3.3 any incomplete, illegible, lost or delayed transactions (including as a result of technical failure);
23.3.4 damage to your equipment (e.g. desktop, laptop, TV, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our Website, Services or mobile applications (and we cannot and do not guarantee that any files that you download are free from viruses, contamination or destructive features);
23.3.5 the accuracy, completeness or currency of any information services provided by us or third parties (including but not limited to cryptocurrency prices or gas costs);
23.3.6 any loss whatsoever arising from your abuse or misuse of your Player Account or our Services;
23.3.7 any failure on our part to interact with you where we may have concerns about your activities;
23.3.8 any event outside our control or instances of force majeure;
23.3.9 our closure or suspension of your Player Account in accordance with these Terms and Conditions;
23.3.10 your use or a third party's use of the Services, the Content or any link on the Website;
23.3.11 any modification, suspension or interruption of Services; or
23.3.12 any improper functioning of the Services.
23.4 In the event that any malfunction results in profit, whether it is collected or credited to your Player Account, KrappyK reserves the right to claim all gains that you may have benefited from, as a result of one of those malfunctions, and you would be obliged to immediately reimburse KrappyK the amount collected and inform KrappyK of the malfunction. KrappyK reserves the right, at its sole discretion, to directly deduct an amount equal to that which you may have received in error from your Player Account.
23.5 You acknowledge that in relation to the use of the Services that you will have no claims whatsoever against any Representatives of any KrappyK Group company.
24. GOVERNING LAW / JURISDICTION
24.1 This Agreement, its interpretation and its execution, as well as all other legal relations between the parties to this contract, is subject to the laws of California
24.2 You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of California, provided always that such submission shall not affect the right of KrappyK to take such legal action or proceedings in any other jurisdiction, nor shall the taking of such legal action or proceedings in any jurisdiction preclude KrappyK from taking such action or proceedings in any other jurisdiction.
25. BREACH OF THESE TERMS AND CONDIITONS
25.1 KrappyK reserves the right to seek all remedies available at law and in equity in respect of a breach of these Terms and Conditions.
26. LINKS TO EXTERNAL WEBSITES
26.1 The Website may contain links to external websites outside the Website which are not maintained by KrappyK. Links to external websites are provided for your convenience only, and KrappyK is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
26.2 KrappyK does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the external websites, any products or services which may be advertised, sold or otherwise made available on such external websites.
26.3 KrappyK shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website.
26.4 Unless expressly provided KrappyK shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on external websites, or any products or services which may be advertised, sold or otherwise made available on external websites, or with the operators or owners of external websites or any person who may be related to any external websites in any manner whatsoever.
27. GENERAL
27.1 Failure of KrappyK to exercise their rights under these Terms and Conditions does not constitute a general waiver of those rights.
27.2 If any part of this Agreement is deemed invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that reflects as closely as possible the intent of the original provision and the remainder of this Agreement will continue to full effect.
27.3 This Agreement and any documents referred to herein represent the entire agreement between KrappyK and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in this Agreement.
Please read these Terms and Conditions carefully before you use the Services at KrappyK and make sure that you understand its content. These Terms and Conditions, together with the Privacy Policy, constitute a binding agreement (the “Agreement”) between you and KrappyK.
By registering an Account at KrappyK, you agree that you have read and understood these Terms and Conditions and the Privacy Policy and acknowledge that these shall apply to you.
If you do not agree to any of these Terms and Conditions or the Privacy Policy you must immediately stop using the Services.
If you have any doubts concerning your rights and obligations under this Agreement, please seek advice from an attorney in your jurisdiction. It is essential that you are aware of the laws in your jurisdiction prior to registering. KrappyK is not responsible for any liability to you relating to matters of jurisdiction.
1. PURPOSE OF THESE TERMS AND CONDITIONS
1.1 The objective of these Terms and Conditions is to govern the legal relations between KrappyK and a Player.
2. DEFINITIONS AND INTERPRETATION
2.1 The words and terms below, when used in this contract, have the meaning given here, unless the context clearly implies otherwise and will govern the Player’s use of the Website.
2.1.1 Agreement: These Terms and Conditions.
2.1.2 NFT: Non fungible token.
2.1.3 Devices: means any application devices, included but not limited to personal computers, laptops, mobile telephones, smart phones, tablets or any other such mobile device, personal digital assistants, PDA telephones employed for the use of and access to the Website and participation in the Services.
2.1.4 KrappyK, Us or We: The operator of the Website
2.1.5 ETH: Ethereum
2.1.6 Player: A person who has a Player Account and who uses the Services.
2.1.7 Player Account: an account with KrappyK on the Website.
2.1.8 Privacy Policy: The privacy policy.
2.1.9 Representatives: representatives, directors, agents and employees.
2.1.10 Service or Services: All games, services and any related content or Software, whether or not in downloadable format, accessible or otherwise used by you through the Website and allowing you to participate in the services provided by KrappyK. The Services contains KrappyK’s own proprietary content as well as content of third party providers.
2.1.11 Software: The software licensed by us including all programs and databases and any other derived content, requiring download, accessible or otherwise used by you through the Website and allowing a Player to play online games.
2.1.12 Terms and Conditions: these terms and conditions.
2.1.13 Website: this website, one of its URL being https://blingkoalas.io
2.2 In these Terms and Conditions, unless the context requires differently:
2.2.1 References to these Terms and Conditions include references to any amended Terms and Conditions, which supersede these Terms and Conditions;
2.2.2 Unless otherwise stated, in case of conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions will prevail;
2.2.3 References to KrappyK shall be deemed to include their respective successors, beneficiaries or transferees;
2.2.4 Section headings are for reference only and shall not affect the interpretation of these Terms and Conditions;
2.2.5 References to a "person” include any individual, company, partnership, joint venture, association, organization, institution, trust or agency, having a distinct legal character;
2.2.6 References to gender include every gender and references to the singular include the plural and vice versa;
2.2.7 References to servers or "our server" or “our servers”, if appropriate, include a reference to a third-party server or servers used to provide the Services or Website;
2.2.8 Any sentence introduced by the words "comprising" or "including" or a similar expression is indicative and does not limit the meaning of words that follow, and will be considered "without limitation”.
3. ACCEPTANCE OF TERMS AND CONDITIONS
3.1 By registering an Account with KrappyK, you confirm that you have read and understood these Terms and Conditions, which may be modified from time to time, and acknowledge that they will govern your use of the Services.
3.2 The Agreement applies to the usage of the Services and comes into force as soon as you tick the three declaration boxes during the registration process and create your Player Account. Ticking these boxes confirms to us that you have read, understood and accept these Terms and Conditions You certify that you are of legal age for playing and paying in crypto in the country from which you are accessing the Services and that you have read this Terms and Conditons
3.3 By using the Services, you agree to the Terms and Conditions. Any material changes to the Terms and Conditions will be communicated in writing, and accepted by you before such changes are implemented.
3.4 For information purposes, ease of understanding and ease of access by the Player these Terms and Conditions may be published in several languages. Each and every version will contain the same principles however it is only the English version that shall govern the legal relationship between you and us. Should any form of discrepancy arise between the non-English and the English version of these Terms and Conditions, the English version shall prevail over the non-English version.
3.5 Any rights not expressly granted in these Terms and Conditions are reserved.
3.6 If you do not entirely agree with these Terms and Conditions, you should immediately cease to use the Services.
4. MODIFICTION TO THE TERMS AND CONDITIONS
4.1 KrappyK reserves the right to amend, modify and update these Terms and Conditions, the Game Rules and Privacy Policy at any time. KrappyK also reserves the right to modify either partially or completely the terms of any promotion. In the event the Terms and Conditions undergo a material change, a notification prior to such a change will be issued to the Player. On issuing such a notification the Player will have to accept the new terms and conditions before being able to access our Services again.
4.2 Continued use, access to and participation in the Services through the Website or any Devices after such notification shall constitute your acceptance of the update Terms and Conditions, Privacy Policy and Game Rules.
4.3 These Terms and Condition represent the entire Agreement and understanding between you and us and cannot be modified except as expressly provided in clause 4.1 above. For the avoidance of doubt this expressly excludes any variation or change to these Terms and Conditions given orally, by chat, SMS, email or other such means inadvertently or otherwise by our individual customer service representative or any other KrappyK representative.
5. OPENING AN ACCOUNT
5.1 In order to play with KrappyK and to use the Services, you must provide a valid Ethereum address.
5.2 By agreeing to these Terms and Conditions, you agree and declare that you have entered your own personal address, and that the source of all funds used on the Website are derived from legal activities and that you will not use the Website for illegal or fraudulent activity, including (and without limitation) money laundering as provided by the governing law that applies to You and/or KrappyK.
5.3 A person cannot request to open a Player Account or hold a Player Account if such person will not be the Player Account holder or if they are acting on behalf of a third party.
5.4 DELETED
5.5 We reserve the right to close a Player Account. Player Accounts may be closed, at KrappyK's sole discretion. Subject to these Terms and Conditions, including those terms which permit KrappyK to withhold deposits, any contractual obligations of either a Player or KrappyK which have been made prior to a Player Account being closed will be honored.
5.6 A Player must not authorize any third party to use their Player Account but a Player will be entirely responsible for all losses which are incurred as a result of having a third party use their Player Account. The Player must immediately inform KrappyK if they suspect that another person has obtained access to their Player Account, and the Player will offer their full support to KrappyK while investigating this issue.
5.7 The Player must not request or create a Player Account if they are in a jurisdiction in which the application for the opening of a Player Account and / or the use of our Services is illegal or against the law. It is the Player's responsibility to ensure that this is not the case. KrappyK reserves the right to suspend and/or terminate a Player's Account immediately if KrappyK discovers that the Player's Account has been opened in a country where it is illegal to access the Services.
6. PLAYER'S PERSONAL INFORMATION & PRIVACY POLICY
6.1 KrappyK does not store any Player’s personal information and does not use Cookies. Ethereum addresses are not considered Player’s personal information under this Terms & Condition.
7. LICENCE TO USE THE SERVICES
7.1 We hereby grant you a personal non-exclusive, non-transferable licence to use the Services in accordance with these Terms and Conditions and subject to the following conditions:
7.1.1 You are at least 18 years of age, or the legal age required by the governing laws in the country where you reside, and that you are able to assume responsibility for your actions;
7.1.2 DELETED
7.1.3 The use of the Services is a right that is bestowed upon you personally to play a game on the internet. This right is given to you with a personal and not a commercial purpose;
7.1.4 You may not under any circumstance authorize a third party to use your Player Account, your password or your Ethereum addresses to access the Services;
7.1.5 You understand the rules and procedures the game offered on the Website;
7.1.6 It is your responsibility to note the rate or odds that apply to the game before you decide to play and you acknowledge that rates and odds will change with time as more players enter the game;
7.1.7 We reserve the right not to release any funds suspected to be connected to or proceeding from crime to you;
7.1.8 You acknowledge that it is strictly forbidden to post or transmit to the Website and or Devices or to any other Players any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
7.1.9 You will not create or provide any means (including, without limitation, via emulators) through which the Software may be used by others.
7.1.10 You acknowledge that when playing the game through the use of the Services means that you are spending cryptocurrency. It is your sole responsibility to assume the expenditures through your Player Account;
7.1.11 You acknowledge that our Services are consumed instantly when playing. Thus, we cannot provide returns of goods or refunds or, subject to any terms to the contrary, cancellation of your used cryptocurrency once they have been used. When you play a game on the Website with cryptocurrency, the cryptocurrency will be drawn from your Player Account instantly;
7.1.12 You certify that you will not violate or attempt to violate or manipulate KrappyK’s security measures in any way. If KrappyK has reasonable suspicion with respect to this clause, KrappyK reserves the right to suspend or terminate your Player Account immediately, to return all unused cryptocurrency on your Player Account (minus transaction fees), and to deny you access to the Website (and all other websites) and Services offered by Us;
7.2 Upon termination of this Agreement, the license issued pursuant to clause 7.1 shall be automatically revoked and you shall stop using the Software.
8. AGE & CRYPTOCURRENCY REQUIREMENT
8.1 If you are under 18 years of age, you cannot use the Website and the Services.
8.2 You can only use the Websites and the Services if you are at minimum the legal age for playing online games using cryptocurrency in your jurisdiction.
8.3 You can only use the Websites and the Services if cryptocurrency is legal in your jurisdiction.
9. FURTHER CONDITIONS OF USE
9.1 You warrant:
9.1.1 that you are acting on your own behalf; and
9.1.2 you are not depositing cryptocurrency originating from criminal or other illegal or unauthorized activities.
9.2 DELETED
9.3 You accept that you are solely responsible for the supply and maintenance of all the computer equipment and telecommunication network and internet access services that you need to use in order to access the Services. We will not be liable for any loss caused to you by any failure of your computer equipment, telecommunications network and/or internet access.
9.4 You warrant you will not commit any acts or display any conduct that damages KrappyK or any KrappyK Group company’s reputation.
9.5 You warrant are not a Politically Exposed Person (“PEP”) nor do you appear on any international Sanction List.
10. OUR RIGHTS AND RESPONSIBILITIES
10.1 KrappyK is not responsible for the potential access to a Player’s Account by a third party and will not be held responsible for any potential loss suffered due to the illicit use of a Player’s password by a third party without authorized access, and/or for any transaction in which the Ethereum address and password of a Player were registered correctly.
102 KrappyK reserves the right, at its sole discretion, to report any suspicious transaction and to transmit any information to the appropriate authorities and without notice to you. In such a case, you waive all rights of any nature that may be recognised anywhere of the communication of such information. In addition, KrappyK reserves the right to withhold all the funds KrappyK believes to be derived from cheating, fraudulent or unlawful activity and where required, without giving reason to you for withholding said funds.
10.3 KrappyK reserves the right, at its sole discretion, to suspend, modify, end, revoke the use of and/or add elements to its Services, either temporarily or permanently, at any time without notice or compensation, subject to compliance with its regulatory obligations and subject to fulfilling all other commitments made under these Terms and Conditions.
11. FORBIDDEN JURISDICTIONS
11.1 Certain countries have not addressed the legality of cryptocurrencies and games such as the ones offered by the Website, and others have specifically determined either or both to be illegal. The use of the Services is in no way meant to be used by people who are forbidden by law to use it. The availability of the Services shall not be interpreted as an offer or invitation on our part to use the Services in a country where such use is illegal.
11.2 By accessing the Services, you confirm that you are not located in a country where it is illegal to play our game and/or to fund your Player Account with cryptocurrency.
11.3 KrappyK reserves the right to suspend a Player Account if it is used to access the Website from a country where it is illegal to play our game and/or use cryptocurrency as listed in clause 11.2.
11.4 You are entirely responsible for informing yourself of the laws in your jurisdiction in respect of the use of the Services.
12. DELETED
13. DEPOSITS
13.1 Deposits are made in Ethereum. No other cryptocurrency or blockchain is accepted to fund your Player Account.
13.2 Deposits are subject to gas fees paid by the Player directly from their wallet. KrappyK does not control nor is responsible for the amount of gas paid by the Player for a deposit to a Player Account.
13.3 Minimum deposit on a Player account is 0.1ETH. Minimum deposit limit is set regardless of the amount already in a Player Account.
14. WITHDRAWALS
14.1 Withdrawals are possible at any time and do not require the Player to play the game.
14.2 Withdrawals are always for the whole balance of the Player Account.
14.3 Withdrawals are subject to Ethereum gas fees paid by the Player. KrappyK does control the amount of gas necessary to refund the Player. The amount of the gas fee for a Withdrawal is 3% of the value of the Player Account with a minimum of 50,000 gas at the current gas price at the time of the Withdrawal request.
14.4 KrappyK may adjust gas fees at any time.
15. GAME RULES
15.1 NFT randomizer
15.1.1 The game is played by generating a random assembly of graphic images that form a picture by superposition (“a drawing”). The odds of each of the random images are governed by the amount of Ethereum the Player pays to generate a set.
15.1.2 At the end of a drawing, the Player can decide to mint the resulting picture into a non-fungible token on the Ethereum chain (an “NFT”).
15.1.3 All generated NFTs are ERC721 compliant tokens.
15.1.4 All generated NFTs support royalty signaling per ERC2981 and may be subject to royalties when sold on an exchange that honors ERC2981 signaling.
15.1.5 All drawings are logged and recorded in the transaction log database.
15.1.6 The amount the Player pays for a drawing is 0.001ETH, 0.002ETH or 0.004ETH. These amounts will determine the odds of each of the images that compose the resulting NFT.
15.1.7 Once a drawing is complete, the Player has the option to lock one of the images of the drawing for 0.005ETH. This image will be kept for the next drawing. This option is available another time after the next drawing, then resets. Once an image is locked and the next drawing has taken place, it will remain locked for the drawing after.
15.1.8 KrappyK reserves the right to change lock and drawing cost at any time.
15.1.9 You acknowledge that our Random Number Generator (RNG) will determine the outcome of the game and other randomly generated processes that are part of our Services. You agree that the outcome of the RNG is final.
15.1.10 In the case of an interrupted or disconnected game, the Website adjusts the balance of an account depending on what it sees internally and on chain. If a disconnection happens after a fund transfer or a minting request placed on the Ethereum chain, the Ethereum chain is the single source of truth.
15.1.11 Promotional credits may be granted, either with each non-locked draw or through special offers by KrappyK. Promotional credits can be used towards draws and locks. Promotional credits have no monetary value and cannot be used towards minting or withdrawn for cryptocurency.
15.1.12 Base odds for draws and promotional credits are posted on the Website.
15.2 Minting
15.2.1 The base amount the Player pays to mint a token is 0.05ETH.
15.2.2 Payment of any taxes, fees, charges and levies that may apply to your NFT under any applicable laws shall be your sole responsibility.
15.2.3 The NFT will be transferred to the Player provided Ethereum address as long as there are enough fund in the Player Account to pay for the minting and any other debt the Player may have incurred while using the Service.
15.2.4 Minting cost are adjusted based on gas price at the time of minting. The Service will pay for 0.01ETH in gas fees. Any gas cost above 0.01ETH will be charged to the Player Account. Minting requires about 180,000 gas, so Players will start getting charged for gas if gas price at the time of minting goes above around 55 GWEI.
15.2.5 Players can add a "premium" background for their NFT for an extra 0.005ETH.
15.2.6 Minting costs are offset by what a Player has already spent playing the game ("mint credits"). Mint credits represent the cumulative amount of Ethereum spent on drawings, including locks. Mint credits start counting towards a minting discount once they reach 0.025ETH. Mint credits are reset after each mint, whatever their amount. Mint credits below 0.025ETH are not lost after a mint.
15.2.7 KrappyK reserves the right to change minting cost at any time.
16 ROYALTIES
16.1 When selling an NFT acquired on the Service on a platform that honors ERC2981 royalties, a royalty of 5% of the sale price of this NFT will be added to the sale. The royalty beneficiary is KrappyK.
17. CUSTOMER COMPLAINTS AND DISPUTES
17.1 Player complaints are taken seriously at KrappyK.
17.2 If you have a complaint or are experiencing difficulty with the Services you can raise your complaint with the Customer Support team via Twitter @KrappyKoalas.
17.3 Any complaint or claims of any nature, including with regard to the Player Account (gameplay, transactions or other matters) or Player Account balance, should be communicated to us as soon as possible by contacting our Customer Support team and no later than 5 days after the issue has occurred.
17.4 KrappyK commits to respond to the complainants with the results of the inquiry within one month from the date of the lodgment of the complaint, and will endeavor to provide a prompt resolution of issues at hand.
18. PLAYER ACCOUNT CLOSURE AND SUSPENSION
18.1 Closing your Player Account
18.1.1 You can close your Player Account at any time.
18.1.2 Upon closing your Player Account, subject to any other term, you can withdraw your balance in accordance with our Withdrawal Policy.
18.1.3 By closing your Player Account you loose all accumulated minting credits and other promotional credits you may have received through special offers or through playing.
18.2 Suspension of your Player Account
18.2.1 Without restricting our ability to rely on other remedies that may be available to KrappyK, KrappyK reserves the right to close or suspend your Player Account and/or withhold any amounts in your Player Account at its absolute discretion if we have reason to believe any of the following, that:
18.2.1.1 you are not of legal age for playing the game in your jurisdiction;
18.2.1.2 you are found colluding, cheating, money laundering or undertaking any kind of fraudulent activity;
18.2.1.3 you are acting other than on your own behalf or otherwise in concert with others or engaging in illegal or fraudulent activity while interacting with the Services;
18.2.1.4 you have breached any of these Terms and Conditions;
18.2.1.5 you are acting in a manner that is detrimental to the conduct of our business;
18.2.1.6 it is illegal for you to interact with the Services in any way;
18.2.1.7 KrappyK is required to do so by law;
18.2.1.8 there is an ongoing dispute between KrappyK and the Player;
18.2.1.9 you are found to be a PEP or appear on a Sanction List;
18.3 Immediately following the cancellation of this Agreement by either party, KrappyK will return the amount in your Player Account subject to any withdrawal fees.
18.4 Upon termination of your account, you agree and acknowledge that your rights to use the Website or the Services shall immediately terminate.
19. DELETED
20. INDEMNITY
20.1 By accepting these Terms and Conditions, you agree to indemnify us, to defend us and to exonerate KrappyK, each KrappyK Group company or their Representatives on demand in respect of any claim, damage, loss (whether direct or indirect), loss of reputation, loss of profits, cost or expense suffered by KrappyK, any KrappyK Group company or their Representatives, including but not limited to all legal fees, in relation to:
20.1.1 any breach by you of these Terms and Conditions, rights of a third party or any law or regulation;
20.1.2 your access to the Website;
20.1.3 Any use of the Services (by you or another person);
20.1.4 download and installation of the Software on any Devices;
20.1.5 any action / legal proceedings, claims, demands, or complaints made by a third party against KrappyK or any KrappyK Group company resulting from any breach by you of these Terms and Conditions and/or any relevant laws or rights of third parties;
20.1.6 your fraud, dishonesty or criminal act.
21. INTELLECTUAL PROPERTY RIGHTS
21.1 All rights, trademarks, patents and other intellectual property rights on any material or content (including but not limited to, software, data, applications, information, text, photographs, music, sounds, videos, graphics, logos, symbols, and other material or moving images) contained on the Website ("Content") belong to KrappyK or have been granted for our benefit by the owners of the rights as part of the Service. No use of such Content and intellectual property rights relating thereto without the prior written consent and express consent of the owner is permitted. All rights are reserved. The artwork base used for the minting of NFTs is excluded from this claim.
21.2 In particular, as regards the Content (in whole or in part) the Player is forbidden, to engage in prohibited activities listed below (collectively, "Prohibited Acts"):
21.2.1 The sale, transfer, lease or subcontract of Content;
21.2.2 To change, edit, modify, adapt or restructure the Content in any way;
21.2.3 To copy, distribute, perform or attempt to access the source code of the Content for any purpose;
21.2.4 To use the Website for any unlawful or illegal purposes or that in any way in breach of these Terms and Conditions.
21.3 If the Player commits a Prohibited Act, the Player will be held entirely responsible for all damages, costs and expenses arising therefrom.
21.4 The Player may copy the Content in an unaltered form for private use on their own personal computer, mobile phone or other access device, if and to the extent that such a copy is required for appropriate use of the Services.
21.5 The Player shall inform KrappyK immediately if they are aware of any unauthorized use or copying of any Content or any part of the Website or any unauthorized access to any site or other unauthorized activities, including but not limited to, any Prohibited Act related to the Services by any person or entity. The Player agrees to provide KrappyK with all the assistance necessary for any search KrappyK carries out in accordance with information that the Player provides KrappyK with.
21.6 NFTs minted as a result of using the service become the property of the Player. The Player is free to use them as they see fit. Selling the NFTs may result in royalties being paid to KrappyK (See Royalties section).
22. EXCLUSION OF WARRANTY
22.1 You acknowledge that you have chosen to use the Services willingly and at your own risk and discretion.
22.2 KrappyK offers the Services 'as is', with no warranties, assurance, commitments or any declaration explicit or implied, legal or other.
22.3 KrappyK hereby excludes all terms, conditions, and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and/or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of service and of the application with regards to the failure to respect governing rules and laws.
22.4 It remains your responsibility to protect your system from all computer viruses and KrappyK, under any circumstances, shall not be held responsible for any losses incurred in relation to any viruses. In case of viruses in our systems, we reserve the right to suspend the Services.
22.5 We do not guarantee that:
22.5.1 the Services are entirely secure and exempt from error;
22.5.2 the Services are updated regularly;
22.5.3 any defect in the Services are regularly corrected;
22.5.4 that access to the Services will be uninterrupted;
22.5.5 the Services are virus or bug free;
22.5.6 the Services will be continually operational;
22.5.7 that the Services are adequate;
22.5.8 that the material on the Website or obtained via the Website, including results of matches, is adequate and reliable.
22.6 KrappyK will not be held responsible for any act or omission by an internet service provider or of any other third party, including those with whom you may have contracted in order to have access to the Services. In case of litigation between the internet service provider and yourself, KrappyK cannot be a party to the suit, and such suit shall in no way affect the Player's obligations under this contract.
22.7 Nothing in these Terms and Conditions will exclude or restrict KrappyK’s responsibility in any manner which is prohibited by relevant laws.
23. LIMITATION OF LIABILITY
23.1 Nothing in these Terms and Conditions is intended to:
23.1.1 exclude or limit our liability for fraud or for death or personal injury resulting from our negligence; or
23.1.2 limit your statutory rights (statutory rights include, for example, that we will provide our Services to a reasonable standard and within a reasonable time).
23.2 Except under Clause 23.1 above and save in respect of any winnings lawfully due to you in accordance with these Terms and Conditions, our maximum liability to you in relation to any one incident or series of related incidents is limited to the greater of:
23.2.1 where such liability relates to the misapplication of funds in your Player Account, the amount that has been lost or misplaced; or
23.2.1 Zero point One Ethereum (0.1 ETH)
23.3 Subject always to Clauses 23.1 and 23.2, we will not be liable for any loss to you or a third party, that could not have been reasonably expected at the time you register or at the time you enter into a transaction for Services, such as any loss of income, business or profits or any information which is lost or corrupted, including but not limited to any damage or loss suffered or incurred by you as a result of:
23.3.1 any use of our Services in breach of these Terms and Conditions (including any use of our Services for commercial or business purposes);
23.3.2 failures caused by the equipment you use to access our Services, Website, call centre or mobile applications or failures in any network (including failures by your internet service provider);
23.3.3 any incomplete, illegible, lost or delayed transactions (including as a result of technical failure);
23.3.4 damage to your equipment (e.g. desktop, laptop, TV, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our Website, Services or mobile applications (and we cannot and do not guarantee that any files that you download are free from viruses, contamination or destructive features);
23.3.5 the accuracy, completeness or currency of any information services provided by us or third parties (including but not limited to cryptocurrency prices or gas costs);
23.3.6 any loss whatsoever arising from your abuse or misuse of your Player Account or our Services;
23.3.7 any failure on our part to interact with you where we may have concerns about your activities;
23.3.8 any event outside our control or instances of force majeure;
23.3.9 our closure or suspension of your Player Account in accordance with these Terms and Conditions;
23.3.10 your use or a third party's use of the Services, the Content or any link on the Website;
23.3.11 any modification, suspension or interruption of Services; or
23.3.12 any improper functioning of the Services.
23.4 In the event that any malfunction results in profit, whether it is collected or credited to your Player Account, KrappyK reserves the right to claim all gains that you may have benefited from, as a result of one of those malfunctions, and you would be obliged to immediately reimburse KrappyK the amount collected and inform KrappyK of the malfunction. KrappyK reserves the right, at its sole discretion, to directly deduct an amount equal to that which you may have received in error from your Player Account.
23.5 You acknowledge that in relation to the use of the Services that you will have no claims whatsoever against any Representatives of any KrappyK Group company.
24. GOVERNING LAW / JURISDICTION
24.1 This Agreement, its interpretation and its execution, as well as all other legal relations between the parties to this contract, is subject to the laws of California
24.2 You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of California, provided always that such submission shall not affect the right of KrappyK to take such legal action or proceedings in any other jurisdiction, nor shall the taking of such legal action or proceedings in any jurisdiction preclude KrappyK from taking such action or proceedings in any other jurisdiction.
25. BREACH OF THESE TERMS AND CONDIITONS
25.1 KrappyK reserves the right to seek all remedies available at law and in equity in respect of a breach of these Terms and Conditions.
26. LINKS TO EXTERNAL WEBSITES
26.1 The Website may contain links to external websites outside the Website which are not maintained by KrappyK. Links to external websites are provided for your convenience only, and KrappyK is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
26.2 KrappyK does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the external websites, any products or services which may be advertised, sold or otherwise made available on such external websites.
26.3 KrappyK shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website.
26.4 Unless expressly provided KrappyK shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on external websites, or any products or services which may be advertised, sold or otherwise made available on external websites, or with the operators or owners of external websites or any person who may be related to any external websites in any manner whatsoever.
27. GENERAL
27.1 Failure of KrappyK to exercise their rights under these Terms and Conditions does not constitute a general waiver of those rights.
27.2 If any part of this Agreement is deemed invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that reflects as closely as possible the intent of the original provision and the remainder of this Agreement will continue to full effect.
27.3 This Agreement and any documents referred to herein represent the entire agreement between KrappyK and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in this Agreement.
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