📚TERMS OF USE
Lasted update: September, 8, 2023
Welcome to BATTLECITY.IO. The website BattleCity.io (“website") is owned, managed, operated, and maintaned by MangoX Co.ltd., (Hereafter referred in this document as “MangoX" / “BattleCity.io" / “We"/”Us") and any access of the website or use of the platforms, products, service, gameplays, assets or any other feature, technologies or functionalities (“service"), offered by BattleCity.io through the website or through any other means, is subject to your express acceptance of these term of us "Terms". These terms shall apply to you the user (“You” or “Your” or “User”) using the website/services. By accessing the website/services, you agree to comply with the terms.
BattleCity.io’s Service also allows you to sell and purchase Digital Assets (as defined below). You may only participate in the trading by linking your digital wallets on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an electronic wallet, which allows you to purchase, store, and engage in transactions using our governance token - World of Legends (WOL). Before putting up your unique minted digital asset or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf. “Digital Assets” refers to unique non-fungible tokens (NFT), implemented on the Binance Smart Chain (BSC) and the Polygon chain (POS) using smart contracts.
ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. FOR METAMASK, THOSE TERMS ARE AVAILABLE AT (https://metamask.io/terms.html) AND (https://metamask.io/privacy.html)
BattleCity is a web3-gaming platform project that creates World of Legends Games, including MU of Heroes, Legends of Tank, and more by blockchain technology constituting everyone can joy and contribute to BattleCity’s ecosystem, excited and be together with, as our vision: [PLAY for JOY] - [EARN for FUN] – [OWN for REAL] = (“Play & Earn”) for all game-players around the world!!!
We enable users to own, summon, upgrade, and transfer other digital assets, referred to in these Terms as the “NFT assets” like tanks, heroes, equipment (weapons, armor…), items, and hangars that are minted from our WOL Games. These assets can then be visualized on a Website so that the user can interact within the Website. The Smart Contracts and the Website are collectively referred to in these Terms as the “App”. Using the App, users can view their assets and use the Smart Contracts to acquire, trade, battle, and upgrade with other App users.
Because we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services. WE ARE ONLY WILLING TO MAKE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS.
BY USING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS, PLEASE DO NOT ACCESS THE WEBSITE OR USE ANY OF THE SERVICES AND IMMEDIATELY CEASE SUCH ACCESS AND USE.
BattleCity.io may modify these Terms or any additional terms that apply to a Service to reflect changes to Our Services or change in any applicable laws, or for other specific reasons. We encourage You to review the Terms regularly. We will provide notice of any changes to the Terms on this page and any Service-specific changes will be notified on the relevant pages of the applicable service. Unless we specifically mention otherwise in a notice, changes will become effective immediately upon being posted. If You do not agree to the modified terms for a Service, please discontinue Your use of that Service.
ELIGIBILITY, SIGN UP AND REGISTRATION
ELIGIBILITY
By using the Website You warrant that:
You are at least 18 years old (if You are an individual) or if You are an entity, that You are legally constituted as per the applicable laws of the country of Your registration; and
You are legally capable of entering into a binding contract;
You are not in any way prohibited by the applicable law in the jurisdiction in which You are currently located to enter into these Terms; and
SIGN UP AND REGISTRATION
You may be required to register with the Website, the App, and the Smart Contracts.
To become a Registered User of the App, You must create a User account on the SITE (“Account”). You agree to provide true, accurate, and complete information as prompted by the registration form and all forms You access on the Website, and to update this information to maintain its truthfulness, accuracy, and completeness. Any personal information collected through the Website will be dealt with as per Our Privacy Policy. The Website currently does not charge any membership fee or subscription charges for becoming a registered User.
Once an Account is created, You agree to be entirely responsible to safeguard and maintain the confidentiality of the Login Credentials You use to access Your Account. You authorize BattleCity.io to assume that any person using the Website with Your credentials is You. You agree to notify Us immediately if You suspect any unauthorized use of the Account. We reserve the right to promptly disable Your Login Credentials and suspend Your access to the Services and/or the Website in the event We have any reason to believe that You have breached any of the provisions set out herein.
You are solely responsible for keeping your Battlecity.io Account and password secure and responsible for all your inbound transactions. Battlecity.io is not responsible for any loss or damage caused by authorized or unauthorized use of your account credentials, including but not limited to disclosure, disclose information, agree or submit different rules and agreements by clicking on the website, renew the agreement online.
By becoming a Registered User, You agree to (i) not to use Your Login Credentials with the intent of impersonating another person (ii) not allow any other person to use Your Login Credentials; (iii) abide by the Terms and the processes, procedures, and guidelines described throughout the Website; (iv) be financially responsible for Your use of the Website; (v) perform Your obligations unless such obligations are prohibited by the Terms, (vi) consent to receive electronic communications from Battlecity.io (e.g., via email or by posting notices to the Service).
Regardless of the clause above, You acknowledge that submitting any User Content does not guarantee that such User Content, or any part thereof, shall appear on the Website, whether or not the submission of such User Content is part of the Services. You agree that BattleCity.io may, at its sole discretion, choose to display any User Content or any part of the same that You make on the Website, or to remove them as We deem necessary or appropriate. Any use of your Personal Information by BattleCity.io shall be in accordance with Our Privacy Policy.
Unless otherwise explicitly stated by us, BattleCity.io does not vet, verify the accuracy, correctness, and completeness, edit, or modify any User Content or any other information, data, and materials created, used, and/or published by You to determine whether they may result in any liability to any third party. You hereby warrant that You have the rights to use all such User Content in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR SERVICES BY A USER IN CONTRAVENTION OF THIS CLAUSE.
USER OBLIGATIONS
General Obligations of all Users
You shall be solely responsible and liable for all activities on the Website undertaken through or using Your Login Credentials. You must comply with all applicable law in respect of Your use of the Website and the Services including, without limitation, compliance with all applicable directives, buyer protection legislation, and data protection and privacy directives.
You shall not submit to the Website any User Content that may reasonably be deemed to:
be offensive, illegal, inappropriate, or in any way;
promote racism, bigotry, hatred, or physical harm of any kind against any group or individual;
harass or advocate harassment of another person;
display pornographic or sexually explicit material;
promote any conduct that is abusive, threatening, obscene, defamatory, or libelous;
promote any illegal activities;
provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
promote or contain information that You know or believe to be inaccurate, false, or misleading;
engage in or promote commercial activities and/or sales not related to the Services, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes; or
infringe any rights of any third party.
The Website and the Services shall be used for lawful purposes only and must not be used to transmit User Content or activity that:
impersonates any entity, business, or person;
involves the distribution of any form of solicitation or unwanted, unsolicited or harassing mass emails, any chain mail, junk mail, or any unsolicited or unauthorized advertising or promotional materials;
infringes or does misappropriate any of the intellectual property rights proprietary right, license right, or legal content protections;
use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed abusive, libelous, fraudulent, deceptive, tortuous, obscene, threatening, invasive of privacy, offensive, inflammatory, hateful, defamatory, discriminatory or encourages or incites any criminal activity harmful to others, or is otherwise objectionable;
disrupts or interferes with the Website or disable, impair or damage any servers or networks connected to Website, or violate any policies or regulations of networks connected to Website;
introduces any viruses or code, that permit the unauthorized use of a computer or computer network or otherwise destroy, interrupt, or limit the functionality of any software or hardware in relation to the Website;
gains or attempts to gain unauthorized access to any user accounts, networks, services or computer systems, through any means.
accesses or probes any network, computer or communications system, software application, or network or computing device systems without authorization, including but not limited to breaches, vulnerability scans, or penetration testing.
attacks, abuses, interferes with, surreptitiously intercepts, or disrupts any users, systems or services, including but not limited to unauthorized monitoring or crawling, distribution of malware (including but not limited to viruses, Trojan horses, worms, spyware, adware, or cancelbots);
alters, forges or obscures mail headers or assumes a sender’s identity without the sender’s express permission, or collects replies to messages sent from another internet service provider in violation to this Policy or the applicable policy of that provider;
disables, interferes with, abuses disrupts, intercepts, circumvents, or otherwise violates the security of the Website and Services.
Prohibited Activities
You may not access or use the Site, the App, and the Smart Contracts for any purpose other than that for which we make the Site, the App, and the Smart Contracts available. The Site, the App, and the Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with MangoX Co. Ltd.
Systematically retrieve data or other content from the Site, the App, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, the App and the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.
Use the Site, the App and the Smart Contracts to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, the App and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the App and the Smart Contracts and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site, the App, and the Smart Contracts.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as mentioned in 2.5)
Interfere with, disrupt, or create an undue burden on the Site, the App, and the Smart Contracts or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site, the App, and the Smart Contracts in order to harass, abuse, or harm another person.
Use the Site, the App, and the Smart Contracts as part of any effort to compete with us or otherwise use the Site, the App, and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, the App, and the Smart Contracts.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the App, and the Smart Contracts.
Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site, the App, and the Smart Contracts to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, the App and the Smart Contracts.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the App and the Smart Contracts, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the App, and the Smart Contracts.
Use the Site, the App, and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the App and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the Apps (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
You acknowledge and agree that the Website and any software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property laws. Any unauthorized use of the materials provided as part of the Website is strictly prohibited.
BattleCity.io or its licensors own and retain all rights in such software content, including all applicable intellectual property rights. Nothing in these Terms grants any right or license to software content. Software content is governed by its own separate terms and conditions and all use of software content must be in accordance with the specified license(s), which may include, but is not limited to software licenses, End User Agreements, and free/open-source software licenses, as applicable.
You understand and acknowledge that (i) the Website, App as well as the Smart Contract, code, proprietary methods, and systems used to provide the Website or Services, (ii) the content in the Website, (v) names, logos, and other materials displayed on the Website or in the Services constitute trademarks, trade names, service marks or logos of BattleCity.io; and/or (vi) any intellectual property therein may not be copied, modified, reproduced, republished, posted, or transmitted. Further, no content on the Website may be sold, offered for sale, or redistributed in a commercial manner without Our prior written permission.
Nothing in these Terms grants You any right to receive delivery of a copy of any of Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the Website according to these Terms. You must not use any materials on the Website in an unauthorized manner including reproduction, republication, modification or distribution, or any form of data mining or data extraction, or other commercial exploitation of any kind except as provided herein. You must not use any device or manual process to monitor or copy the pages of Our Website or the content therein.
Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property rights of BattleCity.io or any third party. All rights not expressly licensed are reserved.
You retain ownership of all User Content You submit, post, display, or otherwise make available on the Website or Services. You hereby grant BattleCity.io a non-exclusive, perpetual, irrevocable, worldwide license to make User Content available on the Website, and to use such User Content for Our promotional and marketing purposes. This License shall be subject to Our Privacy Policy.
Unless You choose to share Your content, We will use reasonable best efforts to keep Your content private. We will not review, share, or otherwise make use of private content except as specifically provided in Our Privacy Policy or these Terms.
Provided that you are eligible to use the Website, the App and the Smart Contracts, you are granted a limited license to access and use the Website or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the App, the Content, and the Marks.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving Our Services. We may add or remove functionalities or features, and We may suspend or discontinue a Service altogether or add or create new limits to Our Services at any time for any reason whatsoever including but not limited to repairs, planned maintenance, or upgrades, and shall not be liable to You for any such suspension or non-availability of the Services and/or the Website (whether wholly or partly).
You will always have the option to stop using Our Services at any time.
We believe that You own Your data and preserving Your access to such data is important. If We discontinue a Service, where reasonably possible, We will give You reasonable advance notice and a chance to get information out of that Service.
If You have reason to believe that another user has not followed or complied with their obligations in these Terms, or You have a complaint to make, please email Us at hello@battlecity.io. Please provide full details of the nature of Your complaint and the materials to which the complaint relates. We will use Our reasonable endeavors to respond to all complaints within a reasonable time and to take reasonable action, which We deem appropriate to resolve or rectify the subject matter of such complaints. In the event that BattleCity.io, in its sole and absolute discretion, considers that there has been a breach or threatened breach of any of the Terms by You, We reserve the right to take any action that We deem to be necessary, including without limitation, temporary suspension, or termination forthwith and without notice of Your use of and access to the Services and the Website; and in the case of illegal use, the initiation of appropriate legal proceedings.
FEES AND PAYMENT TERMS
FEES
If you elect to purchase, trade, or summon/upgrade tanks/heroes/hangars/equipment..., which will be released by us and we will make them available for purchase from the Marketplace or initial in-game, then we will release additional tanks and hangars from time to time when an item is purchased on the Website and/or the App/the Launchpad platform or with or from other users via the App/Secondary Market, any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet such as MetaMask.
We will have no insight into or control over these payments or transactions, nor do 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 Site and/or the App or using the Smart Contracts, or any other transactions that you conduct via the Binance Smart Chain and Polygon Chain Binance/Polygon requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Binance Smart Chain (BSC)/Polygon Chain (POS). The Gas Fee funds the network of computers that run the decentralized BSC/Polygon. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.
TAXES
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or summoning heroes/tanks). Except for income taxes levied on BattleCity.io, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
TERMINATION
We may suspend or terminate Your use of Website or terminate Your access to the Website, in Our sole discretion without any liability to You or any third party, upon notice to You. Upon doing so, We may retain or delete any data, messages, files, and other information or content that You provided through the Website. Any personal information shall be handled in accordance with Our Privacy Policy.
Irrespective of other remedies We have available, We may suspend or terminate Your Account and refuse to provide any or all Services to You if: (i) You breach the letter or spirit of any of these Terms; or (ii) We are unable to verify or authenticate any information You provide to us; or (iii) We believe in Our sole discretion that Your actions may cause to Our Users (including You) or for Us or are contrary to the interests of the Website. Once terminated, You must not continue to use the Website under the same Account, or register under a new Account. YOU AGREE THAT BattleCity.io WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICES OR DELETION OF YOUR ACCOUNT.
DISCLAIMER OF WARRANTIES
We provide the Website and the Services on an “AS IS” and “as available” basis. No express warranties or guarantees are made about the Website. We do not provide any representation that the Website is available for use in any particular location. Your use of the Website shall be at Your own initiative and risk. You must comply with all applicable local laws.
We do not provide any warranties regarding the time to process our Services as they are largely dependent upon many factors outside of our control.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF WEBSITE ACCURACY, ACCURACY OF USER CONTENT, FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, SECURITY, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, DATA ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, OR THOSE WARRANTIES THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE ARE DISCLAIMED. WE MAKE NO WARRANTY THAT ANY UPDATES, UPGRADES, BUG FIXES, ERROR CORRECTIONS, AND/OR ENHANCEMENTS OF THE SOFTWARE WILL BE MADE OR THAT ANY COMMUNICATIONS FROM AND/OR TO THE WEBSITE WOULD BE SECURE OR NOT INTERCEPTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BattleCity.io AND ITS AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE WEBSITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, OR TIMELY, ERROR-FREE (OR THAT ANY SOFTWARE, SERVICES, WEBSITES OR SERVER(S) ON WHICH THE SERVICES AND WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND THE SERVICES AND ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITES AND SERVICES AND ANY RECEIPT OR DOWNLOAD OF CONTENT OR INFORMATION FROM WEBSITE ARE ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, DATA OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE OR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING THE Website. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY.
SUBMISSION
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site, the App and the Smart Contracts (“Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY TERM
THIRD-PARTY WEBSITES AND CONTENTS
The Site and/or the App (or you may be sent via the Site and/or the App) links to other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISER
We allow advertisers to display their advertisements and other information in certain areas of the Site and the App such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the App, and any services provided on the Site and/or the App, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
COMPLIANCE WITH LOCAL LAWS
Users should be aware of differences in local laws governing the activities of Battlecity.io. Users are responsible for complying with local laws regarding the fair use of Battlecity.io in their local jurisdictions and other laws and regulations applicable to Users. Users must also accept, to the extent of their local laws, that they are solely responsible for all related activities of Battlecity.io.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BattleCity.io AND/OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL) OR ANY DAMAGES OF WHATSOEVER NATURE THAT RESULT FROM OR ARISES IN CONNECTION WITH (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE WEBSITE OR THE SERVICES; (ii) ANY CONTENT OF THE WEBSITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONTENT POSTED ON THE WEBSITE AND/OR THE SERVICES; (iv) ANY SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF THE WEBSITE OR SERVICES OR OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR SERVICES OR CONTENT STORED THEREIN, IRRESPECTIVE OF WHETHER A CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES.
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY CLAIMS RELATING TO THE USE OF WEBSITE EXCEED THE PLATFORM SERVICE FEE PAYMENT THAT YOU MADE TO BATTLECITY.IO FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
We will not be liable to you for any loss of profits, revenue, information, data or for consequential, special, indirect, deterrent, punitive or incidental damages arising out of or in connection with these Terms or the Battlecity.io Products, even if we have been advised of the possibility of such damages.
We also will not be responsible for any illegal user activities arising from or in connection with Battlecity.io products, whether online or offline such as money laundering, illegal activities violate the criminal law, the hacker's illegal behavior conflicts with users.
CONFIDENTIAL
For the purposes of these Terms, Confidential Information means information relating to one party which is made available by such party to the other party in relation to the Services and includes any information, analyses, compilations, notes, studies, memoranda, or other documents or software code derived from, containing or reflecting such information but excludes information which:
is publicly available or becomes publicly available (other than as a result of disclosure by the recipient or any other person contrary to the terms of this Agreement), or
was available (as can be demonstrated by the recipient’s written records or other reasonable evidence) to the recipient or other person to whom it is furnished hereunder free of any restriction as to its use or disclosure prior to its being so furnished; or
becomes available to the recipient (as can be demonstrated by the recipient’s written records or other reasonable evidence) from a source other than the provider, which source is not bound by any obligation of confidentiality to the provider in relation to such information.
is independently developed by the recipient without any use of disclosing the party’s confidential information.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the Site, (2) breach of these Terms of Use, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the Site, the App and the Smart Contracts with whom you connected via the Site, the App and the Smart Contracts. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
FORCE MAJEURE
We will not be liable for any failure of performance under the Terms or to provide the Services through the Website to the extent such failure was caused by a Force Majeure Event, which shall constitute any and all events beyond Our reasonable control, including but not limited to acts of the government authorities, acts of God, fire, natural disasters, strikes, explosion, riots, war, terrorism, non-cooperation of third parties, network failure, disruption of communication lines, power outages, etc.
DISPUTE RESOLUTION
Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AA rules or applicable law, the arbitration can take place in the Cayman Islands. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in Singapore International Arbitration Centre (SIAC), the Dispute shall be commenced or prosecuted in Rule of SIAC and Laws of Singapore located in Singapore, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-convenience with respect to venue and jurisdiction in SIAC.
In no event shall any Dispute brought by either Party related in any way to the Site, the App and the Smart Contracts be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by SIAC, and the Parties agree to submit to the personal jurisdiction of SIAC.
Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by SIAC or a court of competent jurisdiction within SIAC or the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of SIAC or that court.
USER DATA & MISCELLANEOUS
We will maintain certain data that you transmit to the Site, the App and the Smart Contracts for the purpose of managing the performance of the Site, the App and the Smart Contracts, as well as data relating to your use 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 undertaken 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.
MISCELLANEOUS
You are responsible for compliance with applicable laws, regulations, and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
If BattleCity.io fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by BattleCity.io of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these Terms is determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which shall continue to be valid to the fullest extent permitted by law.
You will not transfer, assign, or delegate Your rights or obligations (including Your Account) under these Terms to anyone without the express written permission of BattleCity.io, and any attempt to do so will be null and void. We may assign these Terms at Our sole discretion.
All notices required or permitted to be given under these Terms, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage prepaid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given fourteen (14) business days after mailing) to Our addresses or to such other address as any party shall designate by notice in writing.
Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against BattleCity.io and such third parties shall not be entitled to enforce any of these Terms against BattleCity.io.
Last updated