Terms of Services
Effective date: 14 February 2023
3.2 Conditions of LicenseYou acknowledge and agree that you shall not, under any circumstances:
- name your Account or adopt a username in the Services with the intent to impersonate another individual or entity or to impersonate an employee of BlockGate;
- sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself or a minor if you are the parent;
- use the Services if you have previously been removed by BlockGate or previously been banned from playing any of the Services, including the games;
- use your Account or BlockGate’s Services for commercial purposes;
- engage in any act that BlockGate deems to be in conflict with the spirit or intent of the Services;
- post, upload, publish, submit or transmit any content that (i) infringes, misappropriates or violates Third Party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; or (iv) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Services or any individual element within the Services, BlockGate’s name, any BlockGate trademark, logo or other proprietary information or the layout and design of any page or form contained on a page, without BlockGate’s express written consent;
- access, tamper with, or use non-public areas of the Services, BlockGate’s computer systems or the technical delivery systems of BlockGate’ providers;
- attempt to probe, scan or test the vulnerability of any BlockGate system or network or breach any security or authentication measures;
- institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
- use emulators, cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, any games or any game experience or modify or cause to be modified any files that are part of the Services or any games without BlockGate’ express written consent;
- attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, servers or networks connected to the Services by any means other than the user interface provided by BlockGate, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Services;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BlockGate or any of BlockGate’ providers or any other Third Party (including another user) to protect the Services;
- attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BlockGate or other generally available third-party web browsers;
- send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting or in any way use the Services to send altered, deceptive or false source-identifying information;
- engage in abusive, threatening, obscene, defamatory, libelous, racially, religiously, sexually or otherwise objectionable or offensive acts that include posting and/or communicating such information through the Services or by any means; and/or
- engage in acts or attempts to abuse, harm, harass, advocate or incite harassment, abuse and violence towards another person, group, BlockGate’ employee(s), agents, consultants, officer and/or directors or the Services.
3.3 Login Information and Your AccountTo access the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account, including, but not limited, to the use of your credit card and other payment systems. Thus, BlockGate strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.
3.4 License TermThe terms of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by BlockGate.
3.5 Suspension and Termination of ServicesWithout limitation to any other remedies, BlockGate may delete, suspend, terminate, limit or modify accounts or access to the services or any portions thereof if BlockGate suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits and in-game purchases. BlockGate is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this. BlockGate may also stop offering and/or supporting the Services, including, but not limited to, any particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, BlockGate shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued or terminated Services. Such actions may also result in termination of your Account, disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.
4. Ownership and User Content
4.3 User Content“User Content” means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to BlockGate and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you. BlockGate will not have any liability or responsibility for any user behavior or for monitoring User Content or inappropriate conduct in the Services. BlockGate does not screen or monitor User Content submitted on the Services. The users of the Services bear all risk associated with its use, including, but not limited to, exposure to offensive and indecent content. Though it is not obligated to, BlockGate reserves the right in its sole discretion to monitor, prohibit, review, edit, delete and/or disable access to or make unavailable any User Content without notice for any reason or for no reason at any time for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.
4.4 Public ForumsBlockGate provides fun pages, forums, blogs and chat features in the Services, in which users can post information. Users may post topics of interest, general information, comments and sometimes even personal information in these mediums. You understand that BlockGate is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write or transmit any information in the Services you deem to be confidential. BlockGate does not and will not bear any responsibility or liability of the use of any such information. Furthermore, no compensation will be provided for any ideas, schemes or uses of any information provided in these mediums.
4.5 User InteractionsYou are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. BlockGate reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with BlockGate to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting BlockGate access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and BlockGate’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
5. Fees and Purchase Terms
5.1 Virtual ItemsYou may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency,” including but not limited to virtual cash, in-game coins and all other kinds of in-game monies, all for use in the games; (b) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from BlockGate or its authorized partners through the Services, not in any other way. You understand that BlockGate has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. BlockGate shall have no liability to you or any Third Party in the event that BlockGate exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.
5.2 WALLETS and DIGITAL ASSETSCar Warriors allows its users to access and manage ERC20 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. Car Warriors does not maintain any blockchain wallets. You hereby acknowledge and agree that Car Warriors has no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets.
5.3 NFTsYou can purchase NFTs (“MODS” and “Avatars”). The number of Mod Collections now is 3 coming with distinctively different styles 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 (CWAR). We will keep no information and provide no control, support, and the ability to reverse reported transactions. In general, we have no liability to you or to any third party for any alleged problems that arise 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 10% 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.
5.4 Fees, Refunds and Return PolicyAll sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. BlockGate does not issue any refunds or offer any exchanges of any products purchased on or through the Services. IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. BlockGate may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the game or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.
6. Updates to the ServicesYou acknowledge and agree that BlockGate may update the Services and the games you have installed on your computer or mobile device with or without notifying you.
7. Third-party ServicesThe Services or/and the games may include links to Third-party services and/or the Third-party services may be made available to you via the Services or the games. The Third-party services may include, but are not limited to, gameplay recording and sharing, social media connectivity and the like. You acknowledge and agree that Third-party services are subject to respective Third-party terms and conditions. Please read these Third-party terms and conditions because they constitute an agreement between you and the applicable Third-party service provider.
8. FeedbackBlockGate welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org or by posting your Feedback on “Customer Review” within the games or on the app-store pages. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to BlockGate, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. DisclaimersYou 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. Mods and Avatars 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 polygon network. BlockGate has no control over and makes no guarantees or promises with respect to the smart contract. Car Warriors 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.
10. Limitation of LiabilityYou 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.
11. Assumption of RiskYou 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 Mods and Avatars, which may also be subject to significant price volatility. We cannot guarantee that any owners or purchasers of Mods and Avatars will not lose money. (2). You are solely responsible for any taxes applied to your Mods and Avatars-related transactions, according to your own country’s or region’s tax rules. BlockGate 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 Mods and Avatars. This is because Mods and Avatars exist only by virtue of the ownership record maintained on the App’s supporting blockchain. Any transfer of Mods and Avatars 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 BlockGate 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 Car Warriors ecosystem, and therefore the potential utility or value of Mods and Avatars.
12.IndemnityYou agree to indemnify, defend and hold BlockGate harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any Third Party resulting from or arising out of any breach by you of this Terms of Services. BlockGate reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BlockGate, and you agree to cooperate with BlockGate’ defense of these claims. BlockGate will make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
13. Dispute Resolution and Applicable LawIf a dispute arises between you and BlockGate, BlockGate strongly encourages you to first contact BlockGate directly to seek a resolution by opening a help ticket directly in-game via the help section or contact BlockGate at email@example.com. You agree that all disputes between you and BlockGate shall be governed by the laws of Turkey by a court located in Istanbul without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such a court.
14. No Class ActionsYou and BlockGate can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST BLOCKGATE IN YOUR INDIVIDUAL CAPACITY. That means:
- neither you nor BlockGate may bring a claim as a plaintiff or class member in a class action, consolidated action or representative action;
- the arbitrator or court cannot combine more than one person’s claim into a single case and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and BlockGate both agree to change this); and
- the arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users.