REACH Terms and Conditions

Saturday 22nd February 2024

Site content

Given the nature of blockchain-based CTF puzzles and NFTs and the associated risks discussed in these Terms, we are unable to guarantee that any content intended to be displayed on the Site will necessarily display or otherwise be accessible via the Site as intended. Accordingly, we cannot be held liable if CTF puzzles, NFTs, galleries, exhibitions, collections, registries, and other related display formats cease to function, or otherwise never function, as intended due to errors that may occur on the underlying blockchain that the CTF puzzles, NFTs, galleries, exhibitions, collections, registries, and other related display formats depend upon, or errors with storage solutions for the artwork associated with the CTF puzzles, NFTs, galleries, exhibitions, collections, registries, and other related display formats. In particular, we cannot be held liable for errors related to decentralized storage solutions that may be employed by Users, us, and other third-party affiliates that may occur and result in the inability to access artwork associated with the CTF puzzles, NFTs, galleries, exhibitions, collections, registries, and other related display formats.

Accessing the site

As part of your use of the Site we may require you to create an account. In doing so, you agree to voluntarily provide information needed for the account creation process and you agree that our handling of that information is governed by these Terms.

Your usage of the Site may be associated with your blockchain address. By using your third-party wallet in connection with the Site, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents.

You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account and your wallet.

You can delete your account at any time by using the functionalities available on the Site.

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Site or other actions that we, in our sole discretion, may elect to take.

User conduct

You are responsible for all activity on your account. If you violate these Terms and other Reach Labs policies and guidelines, we may terminate your account and your access to the Site.

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site. Our grant of such license is subject to your compliance with all Reach Labs policies and guidelines and the following conditions:

  • Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or that involves proceeds of any unlawful activity.
  • Abusive Activity: you agree not to engage in any activity that poses a threat to us or the Site, for example by distributing a virus or other harmful code, or through unauthorized access to the Site or other Users’ accounts.
  • Inappropriate Behavior: you agree not to interfere with other Users’ access to or use of the Site.
  • Communication: you agree not to communicate with other Users for purposes of (1) sending unsolicited advertising or promotions, in particular any communications relating to any proposed transaction which would be illegal under U.S. or other applicable law, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other Users; (3) interfering with transactions of other Users.
  • Fraud: you agree not to engage in any activity which operates to defraud us, other Users, or any other person, including any activity on the Site engaged in to fraudulently induce any proposed transaction which would be illegal under U.S. or other applicable law; or to provide any false, inaccurate, or misleading information to us.
  • Transactions: you agree not to engage in any transactions via the Site that result in the sale of NFTs or CTF puzzles which would be illegal under U.S. or other applicable law.
  • Taxes: we are not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (the “Taxes”), that apply to your transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.
  • Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use Reach Labs’s content from the Site without express written permission from Reach Labs; or (3) engage in any action that implies an untrue endorsement or affiliation with Reach Labs.
  • Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site provided that such link does not portray us, our affiliates, or the Site in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any illegal materials, or other materials that may be considered offensive, harassing, or otherwise objectionable.
  • Other Prohibitions: You agree not to engage in any copying, modification, or otherwise appropriation of the Site or any material owned by us as part of your use of the Site without express written permission from Reach Labs for the proposed copying, modification, or appropriation of the Site or material. If you are unsure whether a contemplated use would violate these Terms, please contact us at the address listed below under Contact Information.

User transactions

In some instances, we may provide services that enable Users to engage in transactions for NFTs. In these instances, we may receive certain fees in connection with such transactions that Users at their sole discretion initiate through the Site. Any transactions Users enter into through the Site are conducted and settled according to the rules embodied in certain ‘smart contracts’ deployed to the relevant blockchain. In no case, whatsoever, do we take possession of User funds nor do we guarantee that transactions will execute as intended, and we are not liable for transactions that do not execute as anticipated. Transactions for NFTs carry unique risks and you assume the risk associated with those transactions.

Additionally, transactions in NFTs, or NFT related transactions, operate according to rulesets determined by the underlying blockchain, or distributed ledger, on which the NFT involved in the transaction exists. We cannot guarantee the functionality of any underlying blockchain, or distributed ledger, and in no way can be held responsible for failures that occur on the underlying blockchain due to, but not limited to, the following occurrences: network downtime, soft forks, hard forks, merges, DAO votes, 50%+1 attacks, double-spending instances or bugs, consensus failures, distributed denial of service attacks, key loss, key theft, wallet bugs, wallet code failure, and the like.

From time to time, we may work with third parties to facilitate transactions that occur via the Site. We do not guarantee that third parties that we may work with will execute transactions as intended. Consequently, we are not responsible for the functionality of third party systems to facilitate said transactions.

By engaging in the transactions related to NFTs and other digital assets, you confirm that you are able to bear the economic and other risks associated with such transactions. You understand that the value of NFTs and other digital assets can be zero at any time.

Intellectual property rights

The Site, including its design, information, all content and materials contained therein are the proprietary property of Reach Labs or our affiliates, licensors, or Users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and Users, as applicable, reserve all rights in connection with the Site and its content, including, without limitation, the exclusive right to create derivative works.

In connection with your use of the Site, you may be able to create, submit, post, promote, upload, or display content through the Site, including content that is tied to CTF puzzles or NFTs (“Your Content”).

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You represent and warrant that Your Content does not violate any laws and does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material. We may ask you for additional information needed to verify compliance of Your Content with these Terms and Reach Labs policies and guidelines.

License to your content

To operate, improve, and promote the Site, we need to have a right to perform certain operations with Your Content. Accordingly, by using the Site and uploading your content or otherwise making your content available on the Site, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt, prepare derivative works, and modify Your Content in any and all media or distribution methods, but solely as required for the effective operation, improvement and promotion of the Site (the “License to Your Content”). You agree that this License to Your Content is non-exclusive, royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your content is available on the Site) and provides us with the right to (i) transfer our rights under this License to Your Content to others with whom we have contractual relationship (as may be needed for the effective operation, improvement, and promotion of the Site), and (ii) otherwise permit access to, or disclose, Your Content to third parties if we determine that such access or disclosure is necessary to comply with our legal obligations.

We may, in our sole discretion, remove Your Content or information you share on the Site if we believe that Your Content or such information violates these Terms or any of the Reach Labs policies or guidelines, now in place or as instituted in the future.

Changes to these terms

We may revise these Terms and other Reach Labs policies and guidelines from time to time. If we make a change to these Terms or other Reach Labs policies and guidelines that, in our sole discretion, is material, we will take steps to notify all Users by a notice on the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms, policies, and guidelines. It is your sole responsibility to review the Terms and other Reach Labs policies and guidelines from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Site.

Disclaimers

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND REACH LABS EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. REACH LBS (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. REACH LABS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. REACH LABS WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE REACH LABS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, REACH LABS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS OR CTF PUZZLES, OR ANY NFTS OR CTF PUZZLES YOU INTERACT WITH USING OUR SITE OR OUR SITE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE REACH LABS PARTIES OR THROUGH THE SITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD REACH LABS RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CTF PUZZLES, ANY CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS AND CTF PUZZLES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, NFTS OR CTF PUZZLES.

NFTS AND CTF PUZZLES EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). REACH LABS AND/OR ANY OTHER REACH LABS PARTY CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY CTF PUZZLES, NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

REACH LABS AND/OR ANY OTHER REACH LABS PARTY DOES NOT MAKE ANY RECOMMENDATIONS WITH RESPECT TO THE VALUE OR FITNESS OF ANY PARTICULAR OF CTF PUZZLE, NFT, GALLERY, EXHIBITION, COLLECTION, OR REGISTRY THAT A USER MAY INTERACT WITH ON THE SITE.

REACH LABS AND/OR ANY OTHER REACH LABS PARTY IS NOT RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS AND CTF PUZZLES. REACH LABS AND/OR ANY OTHER REACH LABS PARTY IS NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS AND CTF PUZZLES, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REACH LABS AND/OR ANY OTHER REACH LABS PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF REACH LABS AND/OR ANY OTHER REACH LABS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF REACH LABS AND/OR ANY OTHER REACH LABS PARTY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SITE, CONTENT, NFTS, CTF PUZZLES, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO REACH LABS FOR THE SERVICES ON THE SITE IN THE LAST SIX MONTHS BEFORE THE LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF REACH LABS AND/OR ANY OTHER REACH LABS PARTY FOR (A) WILLFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF REACH LABS’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF REACH LABS’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Reach Labs, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Reach Labs”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site or anything posted on the Site (b) your violation of these Terms, (c) your violation of the rights of a third party, including another User, (d) any intellectual property disputes relating to Your Content or your CTF puzzles and NFTs sold via the Site; and (e) your failure to pay any Taxes in connection with your transactions. You agree to promptly notify Reach Labs Parties of any third-party Claims and cooperate with the Reach Labs Parties in defending such Claims. You further agree that the Reach Labs Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN AN APPLICABLE LAW OR A WRITTEN AGREEMENT BETWEEN YOU AND REACH LABS.

No investment opportunity

NOTHING INCLUDED ON THE SITE CONSTITUTES AN OFFER OR SOLICITATION TO SELL OR DISTRIBUTE SECURITIES OR INVESTMENTS AND RELATED SERVICES TO ANYONE IN ANY JURISDICTION.

THE REGULATORY ENVIRONMENT CONCERNING DIGITAL ASSETS AND BLOCKCHAIN TECHNOLOGY CONTINUES TO DEVELOP. THE APPLICATION AND INTERPRETATION OF EXISTING LAWS AND REGULATIONS ARE OFTEN LARGELY UNTESTED AND THERE IS A LACK OF CERTAINTY AS TO HOW THEY WILL BE APPLIED. NEW LAWS AND REGULATIONS WILL BE PROMULGATED IN THE FUTURE THAT APPLY TO BLOCKCHAIN TECHNOLOGY AND DIGITAL ASSETS, AND RELATED SERVICE PROVIDERS, AND NO ASSURANCE CAN BE GIVEN THAT ANY SUCH CHANGES WILL NOT ADVERSELY AFFECT DIGITAL ASSETS GENERALLY, NFTS, OR CTF PUZZLES. IT IS NOT POSSIBLE TO PREDICT HOW SUCH CHANGES WOULD AFFECT THE PRICE AND LIQUIDITY OF DIGITAL ASSETS GENERALLY, NFTS, AND CTF PUZZLES. WE MAY HAVE TO LIMIT THE AVAILABILITY OF CERTAIN NFTS, CTF PUZZLES, OR SERVICES OR DISALLOW USERS BASED ON THEIR CITIZENSHIP, RESIDENCE OR LOCATION FROM ENGAGING IN THE TRANSACTIONS OR ACCESSING THE SITE IF DOING SO BECOMES COMMERCIALLY UNSUSTAINABLE OR LEGALLY PROHIBITED.

ANY NFTS OR CTF PUZZLES CREATED, DISPLAYED, UPLOADED, POSTED, OR PROMOTED ON THE SITE ARE NOT INTENDED TO CONSTITUTE SECURITIES AND/OR COLLECTIVE INVESTMENT UNITS. THE CONTENTS OF THE SITE SHOULD NOT BE USED AS A BASIS FOR MAKING INVESTMENT DECISIONS AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO MARKET OR PROMOTE ANY TYPE OF SECURITY.

Termination

If you breach any of the provisions of these Terms, all licenses granted by us to you will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your account and/or your ability to access or use the Site (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.

Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

Injunctive relief

You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

Miscellaneous

These Terms and other Reach Labs policies and guidelines constitute the entire agreement between you and us relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Contact us

If you have questions concerning these Terms, or you notice any bugs, errors or violations please feel free to send us an email at: [email protected]