Miscellaneous Terms

General Terms

These User Terms, together with all The Realm™ Terms, make up the entire agreement between you and The Realm™ regarding the Services and your use thereof. You may not assign these The Realm™ Terms or any of your rights hereunder by operation of law or otherwise without The Alchemy Studios™ prior written consent. Alchemy Studios™ may assign The Realm™ and/or Vmax Brokers Terms at any time to anyone without notice or consent.

This agreement is binding on and inures to the benefit of The Realm™ and Vmax Brokers Service and your respective successors and assigns.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from The Realm™ Terms), and the remaining parts will remain in full force and effect. Nothing in The Realm™ Terms will be deemed to confer any rights or benefits on a third party (other than Apple as noted in Section 9.c.).

Termination & Survival

In the event of termination of these User Terms or any Additional Terms, as applicable, the rights and duties of The Realm™ and User to each other will terminate except that any part of The Realm™ Terms or Additional Terms, which by their nature should survive termination, will survive, including Sections 6, 8, 9, 10, 11, 13, 14 and 15.

Waiver

No waiver of any part of The Realm™ or Vmax Brokers Terms by either User or The Realm™ shall be deemed a continuing or further waiver of any such part or any other part of The Realm™ Terms, and The Member’s or User’s failure to assert any rights or part of The Realm™ Terms shall not be deemed or otherwise constitute a waiver of such right or part.

Interpretation

The section headers in these Terms are for convenience and will not impact the interpretation of these Terms. In all cases where Alchemy Studios™ is allowed to decide under these Terms, that decision is completely up to Alchemy Studios™, The Realm™, or Vmax Brokers in its sole discretion.  The Realm™ Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law.

Unless the context dictates otherwise, whenever the word “including,” or similar is found in The Realm™ Terms, it means “including, without limitation” and whenever the word “or,” is found in The Realm™ Terms, it means “and/or.”

Compliance with Laws

When using the Services, you agree to comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services). User hereby represents and warrants that:

• User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
• (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.

Consent to Online Communications

By using the Services, you agree to receive certain electronic communications from The Realm™ as described in the Privacy Policy, (which are incorporated by reference into these User Terms, and by your use of the Services, you acknowledge that you have read). You further agree that any notices, agreements, disclosures, or other messages that The Realm™ sends to you by electronic means shall satisfy any legal requirements that such communications be in writing.

To the extent permitted by applicable law, you agree that any time you electronically transact, agree, or consent via the Services, it is intended to be an electronic signature which binds you as if you had signed on paper.

Investigations

Cooperation with Law Enforcement.

Alchemy Studios™ Reserves The Right to:

investigate and prosecute any suspected or actual violations of these Terms. The Realm™ may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Prevailing Language

To the extent any of Alchemy Studios™ Terms are made available in multiple languages, in case of any discrepancies or conflicts between the English version of the Terms and any other language version, the English version will govern and prevail.