AIRDROP OF XAI TOKENS ON RAIJIN TERMS AND CONDITIONS
Last Revised: May 26, 2025
PLEASE READ THESE AIRDROP TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, INDEMNITIES AND DISPUTE RESOLUTION MECHANISMS.
BY USING THE CLAIMS SITE TO PARTICIPATE IN AN AIRDROP (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE AIRDROP TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE CLAIMS SITE OR CLAIM ANY AIRDROPPED TOKENS.
THESE TERMS MAY BE AMENDED FROM TIME TO TIME, SO PLEASE REVIEW THEM REGULARLY.
1. INTRODUCTION
1.1. These Airdrop Terms and Conditions (“Airdrop Terms”) create a contractual relationship between you (“user,” “you,” or “your”) and Xai Company Ltd (“Company,” “we,” “us,” or “our”), a company incorporated under the laws of the British Virgin Islands.
1.2. These Airdrop Terms apply to your access and use of the airdrop claims site made available at https://raijin.gg/claim-token (“Claims Site”) for the purposes of claiming certain blockchain-based tokens (“Tokens”) distributed by the Company as part of an airdrop program or programs (an “Airdrop”).
1.3. Tokens distributed to eligible users as part of an Airdrop will not automatically accrue to users’ digital wallets. Each user will be required to claim an Airdrop by visiting the Claims Site and following the instructions provided on that webpage, including paying associated Xai Network and Ethereum network transaction fees.
1.4. An Airdrop is made available at the sole discretion of the Company. Participation is voluntary and may be subject to eligibility criteria determined by the Company. The Company reserves the right to modify, suspend, or terminate an Airdrop, in whole or in part, at any time without notice or liability. The number of Tokens, the eligibility criteria, and the conditions under which Tokens are distributed may vary and are determined by the Company in its sole discretion.
1.5. In order to claim any Tokens granted in an Airdrop, you will need to connect a compatible third-party Ethereum blockchain digital wallet (“Wallet”). You are solely responsible for maintaining the security of your Wallet, including any associated credentials, private key and seed phrase. The Company does not offer Wallet software or custody Tokens (or any other crypto assets) on behalf of users. Your use of a third-party Wallet is subject to separate terms and conditions established by the Wallet provider.
1.6. An Airdrop can be claimed at any time prior to expiration. You will have 90 days from the date that you receive an Airdrop to claim the Tokens earned as part of the Airdrop before the Airdrop expires. You may be required to provide information to the Company for purposes of verifying your identity and confirming your eligibility to claim Airdrops before you will be permitted to claim and take possession of any Tokens.
2. ELIGIBILITY REQUIREMENTS
2.1. General. To be eligible to use the Claims Site and access Tokens, you must satisfy each of the following eligibility requirements:
(a) You have read, understood, and agreed to these Airdrop Terms in their entirety;
(b) If you are an individual, you are at least 18 years old and have capacity to form a binding contract under applicable laws;
(c) If you are a corporation, legal entity or other organization, that you have full power, authority and validly existing under the applicable laws to enter into these Airdrop Terms;
(d) You have signed up to https://raijin.gg with a Steam account registered at https://steampowered.com and have at least one Steam Achievement;
(e) You own and control a Wallet holding at least 1 of the following non-fungible tokens ("NFTs"): Vanguard Phase 1 NFT (Legendary & Vanguard only); Vanguard Phase 2 NFT (Legendary & Vanguard only); and Vanguard Phase 3 NFT (Legendary & Vanguard only);
(f) You are not, nor are you an entity that is, or an entity owned or controlled by any person or entity that is, or conducting any activities itself or on behalf of any person or entity that is: the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State or any other governmental authority with jurisdiction over the party; identified on the Denied Persons, Entity or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or located, organized or resident in a country or territory that is, or whose government is, the subject of economic sanctions, including, without limitation, Russia, Crimea, Cuba, Iran, North Korea or Syria (each, a “Restricted Person”);
(g) You are not claiming, accessing or using Tokens on behalf of a Restricted Person; and
(h) You have not been previously suspended or removed from accessing the Claims Site or any other associated site or service.
2.2. Identity Verification. We reserve the right to request that you provide information to us for the purposes of verifying your identity. If we are unable to verify your identity and confirm that you are eligible to claim, access or use the Tokens, you will not be permitted to claim, access or use the Tokens. Upon request, you agree to provide us with the information we request for purposes of identity verification and permit us to keep a record of such information. You further represent and agree that all such information is complete and accurate and that you will immediately notify the Company in the event that any information provided to the Company during this process is no longer complete or accurate.
3. USER REPRESENTATIONS AND OBLIGATIONS
3.1. Representations and Warranties. By participating in any Airdrop, or by claiming and receiving Tokens, you further agree, represent, warrant, and covenant that
(a) The number of Tokens allocated to each User will be determined by the Company, in its discretion, and such allocation may vary among Users. Tokens may be made available for claims after an initial period in which Users can check eligibility for, but not claim, Tokens.
(b) You are responsible for making your own decision in respect of your participation in any Airdrop and any receipt of Tokens. Your participation in any Airdrop is solely at your own risk and you assume all risks related thereto (including without limitation the risks set out in these Airdrop Terms). it is your sole responsibility to seek appropriate professional, legal, tax, and other advice in respect of any Airdrop and any receipt of Tokens prior to participating in any Airdrop and prior to receiving any Tokens.
(c) Your participation in any Airdrop and claim of Tokens does not require or involve any form of purchase, payment, or tangible consideration from or to us. You agree and acknowledge that you (a) lawfully may receive tokens for free via the Airdrop (other than gas fees or applicable taxes, if any, that may be due to third parties), (b) were not promised any Tokens; and (c) took no action in anticipation of, or in reliance on, receiving any tokens or an Airdrop.
(d) You are solely responsible for complying with all applicable laws of the jurisdiction in which you reside or in which you are participating in the Airdrop and claiming Tokens.
(e) You are solely responsible for any taxes, duties, or levies that may arise from your receipt, holding, or use of the Tokens.
(f) You are the legal owner of the address that you use to access or participate in any Airdrop and will not transfer control of such address to third parties to circumvent any lock-up period.
(g) You will not use a virtual private network (“VPN”) or similar tool to circumvent any geo-blocking and/or other restrictions that we have implemented in connection with any Airdrop. Any such deliberate circumvention, or attempted circumvention, of our controls may permanently disqualify you from participation in any Airdrop, as determined in our sole discretion.
(h) You will provide accurate, complete, and current information as reasonably requested for KYC, AML, sanctions checks, or other compliance purposes, and promptly update any such information if it becomes outdated.
(i) You are not entitled to receive any Tokens and/or to participate in an Airdrop based on any documentation, commentary, calculators, metrics, and/or points systems published or otherwise made known by third parties monitoring activities on the Xai Network (or any of its smart contracts) or providing third-party applications or services relating thereto (“Third-Party Publications and Services”). You have no claim to Tokens based on such Third-Party Publications and Services.
(j) Your participation in any Airdrop may require reliance on, or an integration with, third-party products or services (e.g., a wallet or a network or blockchain) that we do not control. In the event that you are unable to access such products, services, or integrations, or if they fail for any reason, and you are unable to participate in an Airdrop or claim Tokens as a result, you will have no recourse or claim against us or subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees and we and our subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees will not bear any responsibility or liability to you.
(k) If you are unable to claim an Airdrop due to technical bugs, smart contract issues, gas fees, wallet incompatibilities, loss of access to a wallet or the keys thereto, or for any other reason, you will have no recourse or claim against us or our subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees and that we and our subsidiaries and affiliates, service providers, advisors, consultants, officers, and employees will not bear any liability.
4. RISKS
4.1. You acknowledge that the Tokens and Xai Network incorporate experimental and novel technology and that the use of such technology involves a high degree of risk. For example, there are numerous reasons the Tokens or Xai Network could fail in an unexpected way, resulting in the total and absolute loss of your Tokens. You hereby agree that you assume all risks in connection with your use of the Tokens and Xai Network and expressly waive and release the Company from any and all liability, claims, causes of action or damages arising out of or in any way relating to you obtaining or using Tokens and Xai Network.
4.2. You understand and accept the risk of operational challenges related to the Tokens and Xai Network. For example, the Xai Network may experience cyber-attacks, unexpected surges in transaction volume or activity or other operational or technical difficulties or vulnerabilities that may cause interruptions related to your use of the Tokens or Xai Network. You agree to accept the risk of Tokens or Xai Network failure resulting from unanticipated or heightened technical difficulties or vulnerabilities, including those resulting from cyber-attacks. You agree not to hold the Company accountable for any related losses.
4.3. You agree that the Company is not responsible for any Tokens or other crypto assets that you receive, transfer, hold, stake, lose or otherwise use or misuse in connection with the Xai Network.
4.4. Legal and regulatory requirements applicable to use of the Tokens may vary from jurisdiction to jurisdiction. You acknowledge and agree that you are solely responsible for evaluating the legality of using the Tokens in your jurisdiction. The Company is not responsible for determining whether or which laws and regulations may apply to you or your use of the Tokens.
5. NO INVESTMENT ADVICE OR GUARANTEE OF VALUE
5.1. Tokens are provided to you on a gratuitous basis to foster community engagement, network participation, or similar objectives. They are not intended as a financial instrument, investment, or security, and nothing in these Airdrop Terms or the Claims Site constitutes investment, legal, or tax advice.
5.2. The Company makes no representation, warranty, or guarantee that the Tokens will have any monetary value, market price, or liquidity. The Tokens may become worthless or may never achieve any tangible or intangible value.
5.3. These Airdrop Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Airdrop Terms.
6. INTELLECTUAL PROPERTY
6.1. All content, trademarks, service marks, trade names, logos, and intellectual property rights on or related to the Claims Site (excluding third-party trademarks and intellectual property) are owned or licensed by the Company or Raijin, or their affiliates, including third party service providers.
6.2. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Claims Site for the sole purpose of participating in an Airdrop. You may not modify, reproduce, distribute, create derivative works of, publicly display, or otherwise exploit any content, features, or functionality of the Claims Site without the Company’s prior written consent.
7. PROHIBITED ACTIVITIES
7.1. The following activities are expressly prohibited when using the Claims Site or participating in any Airdrop:
(a) Concealing your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities.
(b) Enabling (including attempting to enable) the spread of viruses, Trojans, malware, worms or other program processes that damage, disrupt, misuse, impair, secretly intercept, destroy or disable (operating) systems, data or information, or granting unauthorised access to systems, data, information or the Site.
(c) Using an automatic device or a mechanical or manual method for monitoring or replicating the Site or the services thereon without our prior written permission.
(d) Engaging in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
(e) Harvesting or collecting email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
(f) Any use in violation of any valid law such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination or misleading advertising and, in particular, any violation against copyrights, patents, trademarks, trade secrets and other property rights.
(g) Encouraging or enabling any other individual or entity to do any of the foregoing or otherwise violate these Airdrop Terms.
7.2. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including reporting the violator to law enforcement authorities.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE TOKENS AND XAI NETWORK ARE ISSUED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE COMPANY DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO SUCH “AS-IS” AND “AS AVAILABLE” BASIS OR OTHERWISE IN CONNECTION WITH THESE TERMS (EXCEPT AS EXPRESSLY PROVIDED HEREIN) AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TO THE EXTENT THAT THE COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION SHALL BE APPLIED TO THE MINIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW.
8.2. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY TYPE OR NATURE HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE TOKENS OR THE XAI NETWORK, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ADDITION, UNDER NO CIRCUMSTANCES SHALL THE COMPANY'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED ONE-HUNDRED U.S. DOLLARS ($100.00).
8.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE TOKENS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TOKENS.
9. Indemnification.
9.1. You agree, at your own expense, to indemnify, defend and hold harmless the Company and its partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors and assigns against any claim, suit, action, or other proceeding from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with your breach of these Terms, your violation of any law or regulation or your use of the Tokens. You agree to pay any and all costs, damages and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defense.
9.2. If you have a dispute with one or more users of the Node Software or other third parties, you release the Company (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees and representatives) from all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
10. DISPUTE RESOLUTION BY BINDING ARBITRATION
10.1. This Dispute Resolution by Binding Arbitration section is referred to in the Airdrop Terms as the “Arbitration Agreement.”
10.2. You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to the Airdrop Terms (including any alleged breach thereof), any Airdrop and any aspect of the relationship or transactions between you and us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by agreeing to the Airdrop Terms, we both are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator as stipulated in this Arbitration Agreement, not a judge or jury.
10.3. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND US AGREE THAT EACH OF YOU AND US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
10.4. Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to [email protected]. (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and us do not resolve the claim within sixty (60) calendar days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled.
10.5. Arbitration Process. You and the Company agree that, after the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to any Airdrop, any use or access or lack of access to the Claims Site, and any other interaction with us, even if outside of the Claims Site, will be resolved by final and binding arbitration, including threshold questions of arbitrability of the Claim.
10.6. Arbitration Procedures. The arbitration administered will be administered by the London Court of International Arbitration in accordance with the LCIA Rules then in effect ("LCIA Rules"), as modified by this Arbitration Agreement. The Arbitration shall be conducted in English before a sole arbitrator. The arbitrator shall possess expertise in commercial law and, where applicable, technology-related disputes.
10.7. Inconsistencies. If there is any inconsistency between any term of the LCIA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.
10.8. Location. Unless we both agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the seat of arbitration shall be the British Virgin Islands.
10.9. Arbitral decisions. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitrator must also follow the provisions of the Airdrop Terms as a court would.
10.10. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the LCIA Rules, unless otherwise provided in this Arbitration Agreement.
10.11. Legal Fees. Each party shall bear its own legal fees and costs (including attorneys' fees) unless the arbitrator, at their discretion, determines that such fees and costs should be awarded to the prevailing party.
10.12. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
10.13. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Airdrop Terms will continue to apply.
10.14. Future Changes to Arbitration Agreement. Notwithstanding any provision in the Airdrop Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Claims Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted the Airdrop Terms (or accepted any subsequent changes to the Airdrop Terms).
11. Term; Termination.
11.1. These Terms are effective beginning when you accept these Terms or first claim, access or use the Tokens and ending when terminated as set forth in section 11.2 below.
11.2. Your right to claim, use and access the Tokens will automatically terminate in the event you fail to comply with any of the terms and conditions of these Terms. Termination will be effective without notice.
11.3. Upon termination of these Airdrop Terms for any reason, all licenses and rights granted to you hereunder shall terminate, and you must cease all use of the Claims Site and any Tokens. Your representations (Section 3), the Company’s disclaimers and limitations of liability (section 8), your indemnification obligations (Section 9), and the Arbitration Agreement (Section 10) shall survive any termination of these Airdrop Terms.
12. GENERAL
12.1. Governing Law. These Airdrop Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to conflicts of law principles.
12.2. Entire Agreement. These Airdrop Terms, together with any additional policies or agreements incorporated by reference, constitute the entire agreement between you and the Company concerning the subject matter hereof, and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Claims Site or the Tokens.
12.3. Severability. If any provision of these Airdrop Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall be enforced to the fullest extent permitted by law, and the invalid, illegal, or unenforceable provision shall be deemed modified to the limited extent necessary to render it valid, legal, and enforceable.
12.4. No Waiver. No failure or delay by the Company to exercise any right, remedy, or power under these Airdrop Terms shall operate as a waiver thereof. A waiver of any right or remedy hereunder shall be effective only if made in writing and signed by a duly authorized representative of the Company.
12.5. Cumulative Rights; Injunctions. The rights and remedies of the parties under these Terms are cumulative, and each party may exercise any of its rights and enforce any of its remedies under these Terms, along with all other rights and remedies available to it at law, in equity or otherwise. Any material breach by a party of these Terms could cause the non-breaching party irreparable harm for which the non-breaching party has no adequate remedies at law. Accordingly, the non-breaching party is entitled to seek specific performance or injunctive relief for any such breach.
12.6. Modifications to Airdrop Terms. The Company reserves the right to modify or update these Airdrop Terms at any time by posting the revised Airdrop Terms on the Claims Site or by other electronic means. Your continued use of the Claims Site or acceptance of Tokens following any such modifications constitutes your acceptance of the revised Airdrop Terms. If you do not agree to the revised Airdrop Terms, you must stop using the Claims Site immediately.
12.7. Force Majeure. The Company shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures and Internet or blockchain network disturbances.
12.8. Successors and Assigns. You may not transfer or assign these Terms or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void. The Company reserves the right to freely transfer or assign these Terms and the rights and obligations hereunder to any third party at any time without your consent and prior notice to you. If you object to any such transfer or assignment, you may stop using the Node Software.
12.9. Relationship of the Parties. Nothing contained in these Terms shall constitute you and the Company as members of any partnership, joint venture, association, syndicate, unincorporated business or similar assignment as a result of or by virtue of the relationship established by these Terms.
12.10. No Third-Party Beneficiaries. These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and the Company and other Company affiliates, which each shall be a third-party beneficiary of these Terms, and no other person shall assert any rights as a third-party beneficiary hereunder.
12.11. Notices. The Company may provide you with notice and other communications via electronic communications. You may provide us with notice by sending an email address to [email protected]. All notices will be deemed effective upon dispatch.