These terms and conditions ("Terms") govern your participation in and use of the Debris app
("App") and any other app, website or web pages
1.Introduction
2.The App and
Registration
3.Promotions and Competitions
4.Data Protection
5.In-App Purchases &
Cancellation Terms
6.Use and Abuse of the Site
7.User Generated Content
8.Intellectual
Property & Third Party Links
9.Notice and Take-Down
10.Our Liability
11.Non-Fungible
Tokens
12.General
13.Contact Us
Introduction
Please read these
Terms carefully as they affect your rights and obligations under the law. For instance, please note that
by using the Site, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable,
worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store,
reproduce, re-format, sub-licence, create derivative works of and otherwise use any materials or content
that you design, create or otherwise submit to us whilst using the Site, for such purposes as we see fit
in connection with our business. For more information on this, please refer to the ""User Generated
Content"" heading below.
If you do not agree to these Terms in full, please do not register
with us or use the Site. By using the Site, you confirm you accept these Terms and agree to comply with
them.
These Terms are separate to any additional applicable terms and conditions and privacy
policies of the relevant app-store provider(s) that the App is downloaded from, which also
apply.
These Terms will apply to all registered users (""you"" or
""users"").
Please note that these Terms may be amended from time to time. Notification of
any changes will be made by posting new terms onto the Site. In continuing to use the Site, you confirm
that you accept the then current Terms in full at the time you use the Site.
For the
avoidance of doubt, these Terms relate to your general use of the Site but they do not relate to any
direct sale or purchase of goods which are made through the Site. For more information, please refer to
our separate Terms & Conditions of Purchase. To the extent you are purchasing or selling a pair
of virtual sneakers (or other virtual goods) directly from or to another user of the Site, then please
note separate Marketplace Terms will apply.
Please also see our Privacy
Notice for information about how we collect and use any personal data you enter into our systems or
otherwise provide to us.
The App and Registration
.Users can earn Debris Currency
and other rewards by playing the game or by way of in-app purchases. For more information on the content
and features which can be purchased in-app, please refer to the section below ""In-App Purchases &
Cancellation"".
The App is compatible with and available for download on the Apple AppStore
(iOS) and Google PlayStore (Android).
Use of the Site is intended for users aged 13 and over.
By using the Site, you confirm you are at least 13 years of age. If you are under the age of 13, you are
not permitted to register with us or use the Site.
Generally, use of our Site will require
registration, particularly in order to access and use the App. We may allow access to some services
without registration but we reserve the right to withdraw access without registration at any
time.
We are not obliged to permit anyone to register to our Site and we reserve the right to
refuse registration to anyone for any reason.
We reserve the right to add or remove services
and functionality from any registration.
You are not entitled to allow any other person to
use or borrow your log in details or password. Each additional user must use and register with the Site
separately."
Promotions and Competitions
From time to time, we may at our sole
discretion also promote and offer certain competitions, promotions, offers, draws or similar initiatives
(""Promotions"") to our users, whether via our App, third party social channels such as Instagram or by
way of other electronic means. Such Promotions may include prizes and additional terms and conditions
may apply in addition to these Terms and our General Competition/ Promotion Terms. If additional terms
and conditions apply in relation to that Promotion, these will be communicated to you via the App or
will be available on the relevant page with information about the Promotion. For the avoidance of doubt,
in the event of any conflict or inconsistency between such additional terms and conditions, our General
Competition/ Promotion Terms and these Terms then the following order of priority will apply i) these
Terms; ii) the additional terms relating to that Promotion; iii) our General Competition/ Promotion
Terms.
In relation to any Promotion, our General Competition/ Promotion Terms will apply, but
please note the following:
Our decisions are final in relation to any Promotion and we reserve the
right at any time to remove any entry from a Promotion, suspend the Promotion entirely or limit the
number of entries;
No warranty as to the quality or suitability of any prize is
offered;
Promotions may have deadlines for entry and for claiming prizes. We are not
responsible for any failure to meet the relevant dates;
In-app prizes do not have a cash
value and may not be exchanged for cash (unless we specify otherwise); andRewards or prizes may be
subject to availability.
Data Protection
When you register with the Site we will ask for
some of your personal information, such as your name and email address. Additionally, we may also be ask
for other information which is not required as part of the registration but is intended to provide users
with an enhanced functionality of the game, including your shoe size, location tracking data and motion
(step counting) data. Any personal information you provide us with will be handled in accordance with
our Privacy Notice.
You agree that personal information supplied to us will be kept up
to date. If we have reason to believe that there is likely to be a breach of security or misuse of the
Site or the App through your account or the use of your password, we may notify you by email and require
you to change your passwords or we may suspend your account until you have done so. Until you have
changed all your passwords or we have reactivated your account, you will not be able to access the
Site."
In-App Purchases & Cancellation Terms
In addition to the App's content and
features available to users free of charge, users may also purchase by way of real money certain in-app
items including Debris Currency, digital sneakers and other items to use within the game (""In-App
Purchases"").
By ordering an In-App Purchase, you acknowledge there is an obligation to pay
for such In-App Purchase.
Users must be at least 18 or over in order to make In-App
Purchases. If you are under the age of 18 and would like to make an In-App Purchase, you must have your
parent or guardian's permission and by making any In-App Purchases, you confirm that you have the
necessary permissions to do so.
When you place an order for an In-App Purchase within the
App, the download for the content will begin immediately. Please note that because the content will be
made immediately available to you, you will lose your statutory 14 day right to cancel the In-App
Purchase. By making an In-App Purchase, you acknowledge you will lose this cancellation right and will
not be entitled to a refund. You may however be entitled to a replacement, repair or refund of the
In-App Purchase made if you are unable to download it properly (please see below for more
details).
In-App Purchases are processed by the relevant app-store provider from which the
App was downloaded, whether this is the Apple AppStore (iOS) or Google PlayStore (Android), and if you
make any In-App Purchases in the App, the relevant app-store's providers own billing terms and
conditions will apply. For more information on how your personal data is processed by them, please refer
to the relevant app-store provider's privacy policies.
All In-App Purchases may be used
within the App's game only and cannot be redeemed outside of the App, exchanged for cash or other
consideration, or be transferred to any other user or person.
All In-App Purchases made
through the App are your responsibility and we will have no responsibility over which or how many
purchases are made by you.
If you have made an In-App Purchase but are unable to download it
properly, whether you are having issues in downloading the content or you are unable to access the
content once downloaded, we will either provide you with a replacement In-App Purchase or repair the
fault. If however we are unable to provide you with a repair or replacement within a reasonable time
frame, we will authorise the relevant app-store provider to provide you with a refund.
If you
would like to amend or manage the settings for the In-App Purchases, you will need to do so via the
relevant app-store provider's settings, or if you have any queries or issues that are payment related,
please contact the relevant app-store provider directly."
Use and Abuse of the
Site
Please note that use of the Site is strictly for your own personal and non-commercial
purposes only.
In using the Site and particularly when going to or otherwise accessing
locations in the real world as part of the game, you agree to be aware and mindful of your surroundings
and to play the game safely. You also agree not to trespass or otherwise attempt to gain access to any
private property or other location that you are not lawfully permitted to access.
As part of
the game in the App, users can earn in-app rewards (""Rewards""), either through In-App Purchases or
simply earned free of charge by playing the game. Rewards may include digital sneakers or other digital
assets or items. Rewards may either be redeemed with us directly or with a third party. Certain Rewards
such as monetary vouchers or cryptocurrency via a wallet provider (e.g. Zebedee) must be redeemed with
our third party partner. We do not have any control over how Rewards are redeemed with the third party
and accordingly, you agree that fulfilment of those transactions will be the sole responsibility of such
third party and that we will have no liability to you or any third party for any losses or damages that
may arise including from any failure or delay on the part of our partner to redeem the Reward. If you
choose to redeem a Reward with a third party, you acknowledge their own terms and conditions will apply
to you and you agree to comply in full with such applicable terms and conditions. By way of example,
certain specific age restrictions may apply or you may be required to download/install a separate
application (e.g. with the wallet provider) in order to benefit from and redeem your Reward with the
relevant third party. In some cases you may be required to provide identification documents or fulfil
other compliance requirements of our Rewards partner and compliance with their requirements will be your
sole responsibility.
We reserve the right to remove and/or update any Rewards as we see fit.
For instance, we may update the collection of digital sneakers made available to users in the App from
time to time by removing, replacing and/or adding new pairs. In the event you have acquired a specific
pair of digital sneakers or other Reward as part of your virtual collection, we reserve the right to
provide you with an alternative pair of digital sneakers of similar value and/or specification or
otherwise to provide you with a substitute reward as we see fit.
Any content posted,
published or otherwise shared by you using the Site will be your personal responsibility. We do not
actively monitor, supervise or check the content, comments or communications between users of the App or
Site (as the case may be) and will not be liable in any way in respect of this. Through these Terms, you
also agree that we have a perpetual licence to use such content as we see fit but it will still be
processed in accordance with our Privacy Notice.
You may not publish any illegal,
offensive, inaccurate, misleading, defamatory or fraudulent content on the Site. If any such content is
published by you or if in our opinion any content is published by you which damages our goodwill or the
goodwill attaching to the Site, we reserve the right at our discretion and without notice to take such
action as we deem necessary including removing the content from the Site and terminating your
registration.
.Debris prohibits cheating and we regularly take steps to improve our anti-cheat
measures. We view cheating as any action that attempts to, alters, or interferes with the normal
behaviour of the App. This includes, but is not limited to any of the following:
Accessing
the App in an unauthorized manner - using modified or unofficial third party
software;
Playing with multiple accounts;
Sharing accounts;
Falsifying
steps or movement via unauthorized third-party software or hardware (phone ""swings"" and ""shakers""
and any type of device designed to create fraudulent movement or steps);
Falsifying or
altering a device""s location (GPS spoofing, for example);
Playing with a non-official
download of the App (not directly downloaded from the Google Play or Apple App
store)
You agree that any such activity is not authorised by us. You agree that Debris
may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited
under these Terms, including checking your device for the existence of exploits or hacking or
unauthorised software, suspending or removing access to the App, deleting or removing rewards, or
terminating your account.
You agree that you are not permitted to and will
not:
Solicit log-in information or access an account belonging to someone
else;
Impersonate any other person whether or not that other person is a user of the
Site;
Bully, intimidate, or harass any user of the Site or other individual in the real world
(for instance as part of checking in to a particular location);
Do anything to suggest,
express or imply that statements made by you are endorsed by us;
Advertise to or solicit the
custom of any of our users;
Resell or commercially exploit the contents of the
Site;
Upload any files or post or publish anything on the Site that contain viruses,
corrupted files, or malicious code or any other similar software or programs that may damage the
operation of another's device;
Do anything that may result in the damage to property, personal
injury or death of another individual; or Otherwise do anything illegal, unlawful, misleading,
malicious, or discriminatory using the Site."
We reserve the right at our discretion to remove any
content from the Site, terminate your registration and restrict your access to our Site at any time for
any reason.
In the event that you are informed that you will no longer be entitled to access
the Site, you will not be entitled to register again and you will no longer have permission to use the
Site.
If you wish to cancel your registration, please notify us and we will delete your
account. Posted content will remain available on our Site following termination of your
registration."
User Generated Content
Any and all materials and other content that you
design, create, upload, publish or otherwise submit to us whilst using the Site (whether via our App or
website, by email, third party social channels such as Instagram or by way of other electronic means),
is referred to as "User Generated Content".
You will continue to maintain any existing
copyright or other valid intellectual property ownership rights in the User Generated Content, however
by using the Site, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable,
worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store,
reproduce, re-format, sub-licence, create derivative works and otherwise use any or all of the User
Generated Content, for such purposes as we see fit in connection with our business.
To the
extent we provide you with or otherwise make available any tech packs, design templates or other
materials, which you then use for creating your own User Generated Content, we grant you a limited,
non-transferable, revocable licence to use such materials for such purposes as we communicate to you
from time to time, but you are not otherwise granted any copyright or intellectual property rights
therein.
Intellectual Property & Third Party Links
If you have downloaded a copy of
our App, we hereby grant you a non-exclusive, non-transferable licence to download a copy of the App to
such devices as are personally used by you. You may not transfer this licence and we reserve the right
to terminate this licence if you are in breach of these Terms.
If you uninstall the App on
one of your personal devices and re-install it on another, any remaining Debris Currency or other In-App
Purchases will be preserved provided the account you have registered with us is still active and you
log-in to your account using those same details. If however you delete your account with us, any Debris
Currency or In-App Purchases which was remaining on your account will be lost without any option for
redeeming them and in this event, we will not be responsible or otherwise liable to you in any
way.
The App together with the format and content of the Site is protected by copyright and
other intellectual property rights and we reserve all rights in relation to our copyright and other
intellectual property rights whether owned or licensed to us and all rights are reserved to any of our
registered and unregistered trademarks (whether owned or licensed to us) which appear on the
Site.
The App and Site may not be decompiled, reverse-engineered, modified, reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our
express written consent. You may not systematically extract and/or re-utilise parts of the contents of
the App without our express written permission.
The Site may include links to other websites
or material such as third party advertising. We are not responsible for content on any website outside
the Site so if you do follow a link to any of these websites, you acknowledge you do so at your own risk
and we will not be liable or otherwise be responsible in any way in relation to this.
Notice and
Take-Down
We will make all reasonable efforts to delete accounts which are being used in breach of
our Terms and to identify and remove content that is defamatory or infringing on intellectual property
rights when we are notified but we cannot be responsible if you have failed to provide us with the
relevant information.
In the event that you believe that an account is being used in an
inappropriate manner or that any content which is distributed using the Site is defamatory or infringing
on intellectual property rights you should notify us immediately.
Our Liability
We will
operate the Site with the reasonable skill and care of an online service provider but make no promise or
guarantee that the Site will meet your particular requirements.
We will not be liable for any
use of the Site by you in breach of these Terms or other than for your personal and non-commercial
purposes.
We will not be liable if content you have posted and stored on the Site is lost,
corrupted or damaged.
Please note that (as described above) certain games or activities
(including Scavenger Hunts) may involve going to or otherwise accessing locations in the real world. We
are unable to verify or monitor the safety of such locations and the risk involved in accessing certain
locations may change over time. As such you are responsible for ensuring your own safety and the safety
of others when participating in any activities in the real world and you must exercise proper care and
attention at all times. We will not be liable for any loss, damage or personal injury to the extent such
loss, damage or personal injury arises from your failure to take proper care and attention or which
arises from your negligence in your use of the Site or otherwise.
We do not promise or
guarantee that the Site will be available 100% of the time nor that they or any content, including
content supplied by a third party, is fault, error or virus-free. We accept no responsibility for damage
caused to a user's device as a result of the Site, unless as a result of an In-App Purchase made by such
user.
If we are in breach of these Terms, we will only be responsible for losses that you
suffer as a result to the extent that they are a foreseeable consequence to both you and us at the time
you use the App or Site (as the case may be).
Non-Fungible Tokens
From time to
time we may make available non-fungible tokens for purchase on a stand-alone basis, as a competition
prize, as an in-game reward, or included in a purchase of another physical or digital item
Each
Debris NFT issued by us ("NFT") may be related to or associated with a given item which may be an
in-game item, a digital collectible, a piece of digital art, or a physical object such as a sneaker
("NFT Item"). More than one NFT may be associated with a given NFT Item. Each NFT will be associated
with images, text or video ("NFT Artwork")which can be viewed via the App, via a blockchain explorer or
using such other compatible services as may be available from time to time.
We do not offer
any assurance or guarantee as to the legality of purchasing NFTs in your jurisdiction. You must comply
with all local laws and regulations which apply to your acquisition and holding of an NFT in whatever
country you are physically located.
Please note that the App facilitates the purchase of NFTs
by individuals for their personal, non-commercial purposes only, unless otherwise agreed or specified by
us. Any NFTs offered by the App are not investments, do not have an intrinsic cash value and are
intended as personal, digital collectible items.
Your ownership of the NFT will be recorded
on a blockchain specified by us at the time the NFT is minted (issued).
NFTs issued by us may
be governed by an automated smart contract ("SmartContract") which embeds certain processes and logic
associated with the allocation, management, minting and re-sale of the NFTs. The Smart Contract may be
available for view prior to purchase of an NFT via the App. By purchasing an NFT via the App, or by way
of secondary purchase, you agree and accept that the logic and processes embedded in the Smart Contract
are binding contract terms and will apply to your purchase or holding of an NFT.
If you
acquire an NFT via Debris then we will create and hold a unique managed wallet which will be associated
with your Debris account. As the user associated with that wallet you will be registered on the relevant
blockchain as the owner of the NFT. We do not currently support holding NFTs via your own cryptocurrency
wallet.
Please note that where the NFT has been included in the purchase of another item and
you subsequently cancel your purchase of that item, then we will be entitled to cancel the NFT and/ or
remove your ownership of the NFT.
NFT Artworks associated with NFTs issued by us may be
viewed on the App, and may be available to be viewed on third party NFT marketplaces, blockchain
explorers or other compatible services, but we give no guarantee or assurance that you will be able or
entitled to view an Debris NFT or the relevant NFT Artwork on any given third party marketplace,
platform or site.
Each NFT is unique but may be a variation on a theme or an iterated or
limited edition version of an original NFT Artwork and accordingly while each NFT is unique, separate
NFTs may be similar or even virtually identical to other NFTs and more than one NFT may be issued for a
given NFT Item or NFT Artwork.
Please note that we reserve the right to issue further NFTs at
any time.
Please note that unless clearly specified by us you are unable to select a specific
NFT associated with a specific NFT Item or NFT Artwork for purchase via the App, and allocation of NFTs
associated with NFT Items and NFT Artworks will be determined by us.
We will not have any
liability to you if you are not satisfied with the NFT or the underlying NFT Item or NFT Artwork which
is associated with the NFT allocated to you.
Each NFT is a unique token associated with an
underlying NFT Artwork and/ or NFT Item. By purchasing the NFT then unless otherwise agreed or specified
by us, you do not acquire any intellectual property or other rights in the underlying NFT Item or NFT
Artwork, except the limited license granted below. All rights in and to the NFT Item and NFT Artwork
including copyright will remain with us, our licensors or the relevant rights holders.
The NFT Item
and NFT Artwork are associated with a given NFT but do not form part of and are not embedded in the
NFT.
By acquiring an NFT, and subject to your continued compliance with these Terms, we are
granting you a personal, non-exclusive, non-transferable (except as permitted by us), limited license to
use, copy, and display the NFT Artwork that you acquire, solely for the following purposes: (a) for your
own personal, non-commercial use; (b) within the App; (c) if permitted by us within an authorised
marketplace, provided that the marketplace cryptographically verifies the right to display the relevant
NFT Artwork to ensure that only the actual owner or owners of the applicable NFTs can display the NFT
Artwork; (c) as part of a third party website or application that permits the inclusion or involvement
of the NFT Artwork, provided that the website/application cryptographically verifies the right to
display the NFT Artwork to ensure that only the actual owner can display the NFT Artwork, and provided
that the NFT Artwork is no longer visible once the owner of the NFT leaves the website/application; or
(d) for such other purposes as we may agree in writing. These rights are subject to the restrictions
below and will terminate with immediate effect if you sell the NFT.
You agree that you will not
(without our prior written consent):
(a) copy the NFT Artwork (other than as permitted at Clause
11.16 above);
(b) publish the NFT Artwork (other than as permitted at Clause 11.16
above);
(c) grant any sub-licence over the NFT Artwork for any purpose;
(d) register or
attempt to register the NFT Artwork or NFT Item as a trade or service mark;
(e) sell, license,
reproduce or attempt to commercially exploit the NFT Artwork or NFT Item in any way;
(f) use the
NFT Item or NFT Artwork in the course of any business or profession or in any way which may indicate
that the NFT Item or NFT Artwork is being used to endorse any message;
(g) use the NFT Item or NFT
Artwork in association with any organisation or association whether incorporated or
unincorporated;
(h) use the NFT Item or NFT Artwork in any way which could diminish our
reputation;
(i) use or exploit the NFT Item or NFT Artwork in any way for any business,
professional or commercial purpose including by way of license, sub-license, sale, hire, lease, loan,
sub transfer, assignment, distribution, display, reproduction, or disclosure;
(j) disassemble,
reverse engineer or create derivative works based on the whole or any part of the NFT Artwork nor
attempt to do any such things;
(k) provide or otherwise make the NFT Artwork available to any
third party on any commercial basis;
(l) attempt to obtain, or assist third parties in obtaining,
access to the NFT Artwork other than in accordance with these terms; or
(m) use the NFT Artwork in
connection with images, videos, 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."
You agree that you are not entitled to sell any part of the NFT and
that you are not permitted to split, divide or create any fractional ownership rights in the NFT. The
NFT may only be sold or transferred as a single indivisible entity unless authorised by us, or provided
for as part of a relevant Smart Contract.
While the NFT is not intended for resale, you may
transfer or sell the NFT to a third party buyer ("Buyer") within the App or using such marketplace as we
may authorise or make available for that purpose . If we have not specifically facilitated transfers of
your via in-App or third party marketplace then you will not be permitted to transfer the NFT without
our consent. If re-sale is permitted then you agree that:
(a) the sale will be conducted
through a reputable third party NFT marketplace that we have authorised ("Marketplace") which confirms
your ownership of the NFT and adheres to the conditions as specified in these Terms (and any terms which
are embedded or specified in a relevant Smart Contract);
(b) you and the Buyer comply with any
applicable terms specified by the Marketplace; and
(c) these Terms are notified in writing to the
Buyer."
If a marketplace deducts and pays the Royalty automatically then you will not be liable to
us for the Royalty, but you agree and acknowledge that if you sell the NFT or transfer the NFT for any
value whether or not via an authorised marketplace, and the Royalty has not been deducted and paid to us
then you will be liable to us for the applicable Royalty and you will be liable to pay the relevant
amount to the us without any deduction or set-off in such currency or crypto-currency as may be
specified by us or our licensors.
The prices of collectible blockchain assets are extremely
volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Further
any NFT issued by us is not intended to be an asset for resale. Fluctuations in the price of other
digital assets could materially and adversely affect the value of your NFT, which may also be subject to
significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any
NFT purchased will retain its original value, as the value of collectibles is inherently subjective and
factors occurring outside of the App's ecosystem may materially impact the value and desirability of any
particular NFT.
You are solely responsible for determining what, if any, taxes apply to your
NFT-related transactions. We are not responsible for determining the taxes that apply to your
transactions in connection with the App.
General
These Terms are personal to you and may not
be transferred to any other party without our written approval. We may assign or otherwise transfer any
or all of our rights or obligations under these Terms to a third party on written notification to
you.
These Terms are in addition to any terms and conditions set out in the relevant
app-store provider's terms and conditions. In the event of any conflict between these Terms and the
relevant app store provider's terms and conditions, those terms and conditions will
prevail.
If you breach these Terms and we decide to take no action or neglect to do so, then
we will still be entitled to take action and enforce our rights and remedies for any other
breach.
We will not be responsible for any breach of these Terms caused by circumstances
beyond our reasonable control.
We may make changes to the format and content of the Site at
any time without notice.
Contact Us
If you have any questions about these Terms,
please contact us "