3. USER REGISTRATION
You are required to register upon accessing the Site, the App, and the Smart Contract. You should have control over your password confidentiality and will be responsible for the use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine in case that such username is inappropriate or appears as irritation to other users.
4. WALLETS and DIGITAL ASSETS
MetaRacers allows its users to access and manage BEP20 digital blockchain-based assets (“Digital Assets”). Your wallet, Digital Assets, and cryptocurrencies are completely in your own control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your wallets in any case. MetaRacers does not maintain any blockchain wallets. You hereby acknowledge and agree that MetaRacers has no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets.
5. PROHIBITED ACTIVITIES
You may not access or use the Site, the App, and the Smart Contract for any purpose other than those for which we make the Site, the App, and the Smart Contract available. The Site, the App, and the Smart Contract may not be used in connection with any commercial activities if not approved by our legal teams in 8K Studio. Systematically retrieve data or other content from the Site, the App, and the Smart Contract to create or compile, directly or indirectly, a collection, compilation, database, or directory without our approval. Make any unauthorized use of the Site, the App, and the Smart Contract, including collecting usernames and/or email addresses of registered users by using third-party software; creating user accounts by automated means including using bots or hiding presences by faking IP addresses. Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.
All types of activities, all forms of action which pose as a law and regulation violation.
You can purchase, trade cars (collectively, “CARS"). The number of CARS now is more than 40 coming with distinctively different in prefab, speed, handle, acceleration, nitro and we hope to make this number bigger in near future. When the marketplace is launched and players are allowed to make transactions with others, please note that such transactions are conducted solely through the Blockchain via a designated wallet and currency (MRS). We will keep no information and provide no control, support, ability to reverse reported transactions. In general, we have no liability to you or to any third party for any alleged problems that arisen during the alleged trades and transactions conducted via the Smart Contract, the Blockchain. The Blockchain requires the payment of a transaction fee for every transaction that occurs in the marketplace. The fee funds the network of computers that run the decentralized network rather than as profits. In addition to the fee, each time you use the Smart Contract to conduct a transaction with another user via the App, you are agreed to allow us to collect a commission of 3% of the total value of that transaction. You should have a clear understanding that the commission will be transferred directly to us through the Blockchain as a part of the transaction. As a matter of fact, we (we and you users) will be legally responsible for paying any types of cost, duty, and tax as your government requests. Such numbers will vary according to your jurisdictions and countries as well as the national laws and regulations. We have no liability and will provide no data, no support to you in such processes.
You should have a full understanding and an agreement that any question, comment, suggestion, idea, feedback or other forms of information regarding using the Site, the App and the Smart Contract (“Submissions") provided by you to us are non-confidential and should eventually become our properties. We are eligible for the unrestricted use of these Submissions to any lawful purposes, commercial activities without notifying you of our acknowledgment or compensation. You also should be aware of the discretion of any content-related you submit to the Site, the App, and the Smart Contract. Everything that poses a violation against the laws and regulations will be completely removed without notification.
8. THIRD-PARTY WEBSITE AND CONTENT
We provide areas within the Site and the App for advertisements and other information. Advertisers are fully responsible for the reliability of the advertisements, including the services and products. These advertisements should not violate any rules, and advertisers must prove that they have the following rights, but are not limited to, intellectual property rights, publicity rights, and contractual rights. We hold no responsibility if there are any violations regarding these rights.
You expressly understand and agree that your access to and use of the Site, the App, and the Smart Contracts are at your sole risk and that the Site, the App, and the Smart Contracts are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the site, the app and the smart contracts and any part of it (including, but not limited to, the site, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (i) your access to or use of the Site, the App, and the Smart Contracts will meet your requirements, (ii) your access to or use of the Site, the App, and the Smart Contracts will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the Site, the App, and the Smart Contracts will be accurate, (iv) the Site, the App and the Smart Contracts or any content, services, or features made available on or through the Site, the App and the Smart Contracts are free of viruses or other harmful components, or (v) that any data that you disclose when you use the Site, the App, and the Smart Contracts will be secured. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you. You accept the inherent security risks of providing information and dealing online over the Internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence. We will not be responsible or liable to you for any losses you incur as the result of your use of the Blockchain, including but not limited to any losses, damages, or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing, or other means of attack against the app, Ethereum network, or the Metamask electronic wallet. CARS are intangible digital assets that exist only by virtue of the ownership record maintained on the Blockchain. All smart contracts are conducted and occur on the decentralized ledger within the ronin network. 8k Studio has no control over and makes no guarantees or promises with respect to the smart contract. MetaRacers is not responsible for losses due to the blockchains or any other features of the Blockchain. Including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain including forks, technical node issues, or any other issues having fund losses as a result.
12 . LIMITATION OF LIABILITY
You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may have, including, but not limited to, any loss of profits (both directly and indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages. You agree and acknowledge that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the site, the app, and the smart contracts, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) the amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose, or (b) one hundred (100) US dollars. You agree and acknowledge that we have made the Site, the App, and the Smart Contracts available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. We would not be able to provide the Site, the App, and the Smart Contracts to you without these limitations. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.
13 . ASSUMPTION OF RISK
You accept and acknowledge each of the following: (1). The prices of blockchain assets are easy to change because the fluctuations in the price of other digital assets could materially and adversely affect the value of your CARS, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of CARS will not lose money. (2). You are solely responsible for any taxes apply to your CARS-related transactions, according to your own country’s or region’s tax rules. MetaRacers is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contract. (3). The App does not store, send, and receive CARS. This is because CARS exist only by virtue of the ownership record maintained on the App’s supporting blockchain. Any transfer of CARS occurs only on the Blockchain. (4). There are risks and limitations 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 MetaRacers will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Blockchain. (5). A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the MetaRacers ecosystem, and therefore the potential utility or value of CARS. (6). The current state of regulations regarding blockchain technologies, cryptocurrencies, and tokens is uncertain. When new regulations or policies are introduced, they may materially adversely affect the development of the MetaRacers ecosystem, and therefore the potential utility or value of CARS.
14 . INDEMNIFICATION
15. USER DATA
Certain data, including your data use of the Site, the App, and the Smart Contracts, will be kept for us to manage the performance of the Site, the App, and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have performed using the Site, the App, and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.