1. About 0xWarriors
0xGames Limited (“0xGames”, “we”, or “us”) is the company which located at Krinou 7, Agios Athanasios 4103, Limassol District, Cyprus and which makes the App available to you.
2. What You Need to Use the App
To start using the App, you need to set up one of the following browsers: Chrome (developed by Google) or Firefox (developed by Mozilla). After that, you need to install a MetaMask plugin (developed by ConsenSys) for your browser.
MetaMask is an digital wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. You will not be able to engage in any transactions in the App other than through MetaMask.
The App will only recognize you as a user and you will only be able to interact with the App if your Ethereum digital wallet is connected to and unlocked through your MetaMask account.
There is no other way to sign up as a user or to interact directly with the App. Transactions that take place in the App are managed and confirmed via Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction in the App.
3. Third-party Services
We neither own nor control MetaMask, Coinbase, Chrome, Firefox, Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
4. Commission and Payment
If you purchase, trade or alter Assets in the App, or with or from other users via the App, any financial transactions that you engage in will be conducted solely through Ethereum network via MetaMask. We will have no insight into or control over these payments or transactions, nor we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App, or using the Smart Contracts, or any other transactions that you conduct via Ethereum network or MetaMask.
Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on Ethereum network. The Gas Fee funds a network of computers that run the decentralized Ethereum network. This means that you will need to pay the Gas Fee for each transaction that occurs via the App.
In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the App, you authorize us to collect a commission of 5% of the total value of that transaction. You acknowledge and agree that the commission will be transferred directly to us through Ethereum network as part of your payment. We will not collect a commission for interactions that do not involve our App Marketplace.
Any and all purchases are final and non-refundable.
You agree to be solely responsible for any applicable taxes imposed on the Assets purchased hereunder. You shall pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to the transactions.
You acknowledge and accept that we reserve the right, at our own and complete discretion and at any time, to modify or to temporarily or permanently suspend or to eliminate the App or the selling of the Assets. We shall reserve the right to refuse selling the Assets to you without any explanation, at its sole and absolute discretion.
You must take appropriate actions for keeping safety of your login and password in the MetaMask and shall bear responsibility of their safety and confidentiality. All actions carried out with the use of your login and password, considered to be executed by you.
You accept and acknowledge each of the following:
- The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Assets will not lose money.
- There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Ethereum network, however caused.
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the 0xWarriors ecosystem, and therefore the potential utility or value of Assets.
- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of 0xWarriors ecosystem, and therefore the potential utility or value of Assets.
- Upgrades by Ethereum to Ethereum platform, a hard fork in Ethereum platform, or a change in how transactions are confirmed on Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-721 standard, including 0xWarriors.
6. Your Warranties and Guarantees
You will not forge or otherwise manipulate with any personal or non-personal data requested by us, will provide all necessary personal or non-personal data in the form and format requested by us in the case when such necessity arises in connection with requirements of applicable legislation.
7. Intellectual Property Rights
We have valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct of selling of the Assets, of usage of the App and our activities generally.
8. Indemnification and Limitation of Liability
To the extent allowable pursuant to applicable law, you shall indemnify, defend, and hold us and our subsidiaries, affiliates, directors, officers, employees, agents, successors and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses or liabilities (including but not limited to reasonable attorneys’ fees incurred and those necessary to successfully establish the right to indemnification) filed or incurred by any third party against us arising out of a breach of any warranty, representation, or obligation hereunder.
We shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
- loss of profits;
- loss of business;
- depletion of goodwill or similar losses;
- loss of anticipated savings;
- loss of goods;
- loss of use;
- loss or corruption of data or information;
- or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
We shall not bear any liability connected with:
- risks of losing access to the Assets or App due to the loss of password to the your account by yourself;
- risks associated with Ethereum (Ethereum platform protocol);
- risks of unfavorable regulatory actions in any jurisdiction;
- risks of the theft, hacking and security weakness;
- risk of mining attacks.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WE DO NOT WARRANT THAT THE APP OR THE ASSETS WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT THE SAME WILL MEET PURCHASER’S REQUIREMENTS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY US, THE Assets ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
10. Term and Termination
11. Governing Law and Jurisdiction
All disputes, which are unresolved and which you or we wish to have resolved, shall be referred upon the application to and finally settled under the Rules of Arbitration of the London Court of International Arbitration, which rules are deemed to be incorporated by reference to this paragraph. The number of arbitrators shall be one (1), appointed in accordance with the rules. The seat of the arbitration shall be London. The language of this arbitration shall be English. Section 45 and section 69 of the Arbitration Act 1996 shall not apply.
Appeals, suggestions and complaints of individuals and legal entities to us connected with the App or Assets, violations of the rights and interests of third parties or the requirements of applicable law, as well as requests of authorized persons may be sent to the e-mail address: email@example.com.