- General clauses
1.1 The following Terms & Conditions govern the relationship between you (the User) and the Rage on Wheels blockchain collectible game (the Project). Read the document carefully before using the website or app, interacting with the associated smart contracts, or buying any game assets, including NFTs and ROW tokens.
1.2 Rage on Wheels is a crypto trading card game on the Binance Smart Chain (BSC) blockchain where users can buy, own, view, sell, and upgrade unique cards using a dashboard (the App).
1.3 By using the App, you confirm that you understand and accept all the terms laid out in the present document. If you accept the Terms on behalf of a legal entity or project, you also confirm and represent that you are legally authorized to do so.
1.4 If you do not accept some or all of the Terms, you should refrain from using the App and the Website or interacting with the smart contracts and any game assets.
1.5 You agree to use the App strictly for legal purposes in accordance with the Terms. You may not use the systems, interfaces, code, messenger functionality, or any other elements of the App to send, upload, or distribute a) illegal, abusive, fraudulent, defamatory, obscene, or otherwise unacceptable content; b) computer viruses, Trojans, phishing materials, corrupted files, or any other fraudulent or deceptive content.
1.6 You may not use the App and any of its elements to conduct activity that a) infringes on the intellectual property or other rights of any third party; b) interferes with the use of the App by others; c) promotes or encourages illegal or criminal conduct.
1.7 You may not use any bots, crawlers, or computer algorithms to a) copy, reproduce, or reverse-engineer any portion of the App; b) collect information on other users and their activity in the App; c) take advantage of the App’s algorithms for any purpose, including increasing your rewards, obtaining new trading cards, etc.; d) create an app, product, website, or service that would compete with the Project.
1.8 Any user found to have violated the rules set out in pp. 1.5-1.8 will be indefinitely banned from using the App, and the User’s access to their account, dashboard, and in-game assets contained therein will be blocked.
- Account and access
2.1. The User shall create a unique account to interact with the Rage on Wheels game by providing a username, a password, and an email address.
2.2 A MetaMask wallet account and a compatible browser are required to access the game. Though most of the game transactions are carried out off-chain, the User needs a blockchain wallet to supply cryptocurrency to pay for in-game assets and to withdraw collectibles and ROW tokens.
2.3 It is not allowed to have multiple accounts. A user found to have more than one account will be blocked, and the User’s in-game assets (such as collectible cards and ROW tokens) stored in the dashboard wallet will be frozen without the possibility of withdrawal to an external wallet.
2.4 While the team of Rage on Wheels will make all reasonable effort to make the game and the User dashboard responsive, the App will not be held liable for any negative consequences or losses arising from the use of the App on mobile devices.
2.5 The User remains solely responsible for the security of their Account and MetaMask wallet, including the username, password, private keys, and seed phrase. A unique seed phrase is generated upon the creation of a new wallet, and the only way to restore access to the wallet is via the seed phrase. If the user loses or forgets the seed phrase, they will lose access to any assets held therein, including Rage on Wheels NFTs and ROW tokens. Rage on Wheels will not be held liable for any loss or damage resulting from the User’s account or wallet credentials falling into the hands of an unauthorized third party, or from the User losing access to their blockchain wallet and/or assets held in the external wallet.
2.6 Rage on Wheels does not control or own the BSC blockchain, MetaMask, Google Chrome and other MetaMask-compatible browsers, or any other third-party service or product that may enable the User to interact with the App. Therefore, the App will not be held responsible or liable for any loss or damage, financial or otherwise, stemming from the use of such third-party products.
2.7 The App dashboard features a built-in custodial (‘hot’) wallet for storing ROW tokens. The only way to access this wallet is through the user credentials generated upon registering an Account.
- Fees and paid services
3.1. The App may provide paid services to the User, including (but not limited to):
- pre-sale of collectible trading cards;
- sale of trading cards following the pre-sale period;
- sale of digital accessories, etc.
3.2. The App may charge fees on various in-game transactions, including (but not limited to):
- battle prize payouts;
- trading card sales on the internal marketplace;
- crafting (creating user-generated trading cards);
- fiat payments and currency conversion.
These fees are separate and independent from the BSC blockchain fees (see below). The Project retains the right to change the fee size and introduce new fees at its own discretion.
3.3. Rage on Wheels determines which payment options can be used to purchase the services and items, as well as to pay the fees. These payment options may include BNB, ROW, fiat payment methods (such as cards), etc. The project retains the right to change the list of the accepted payment options at any moment and at its own discretion.
3.4. Any digital items and services purchased through the App are non-refundable.
3.5. If the Project is unable to verify the fact of payment, the item or service may not be delivered to the User.
3.6. The Project will not be held liable for the consequences of any failed payments made through a third-party app or service, and will not participate in the resolution of any payment-related disputes between the User and a third-party app, wallet, payment system, etc.
- The use of BSC blockchain
4.1 The App uses smart contracts deployed on Binance Smart Chain (BSC), a blockchain network built and introduced by the Binance cryptocurrency exchange.
4.2 Rage on Wheel transactions that require the use of BSC smart contracts include:
– the initial ROW token emission;
– buying and selling ROW tokens on decentralized exchanges, such as PancakeSwap;
– issuing NFTs associated with the trading cards in the User’s possession;
– depositing and withdrawing ROW tokens to and from the APP using an external wallet, such as MetaMask.
4.3 Like any other blockchain network, BSC is a relatively new and untested technology, subject to malfunctioning, lags, freezes, and breakdowns. A BSC transaction (including any transaction involving ROW tokens or Rage on Wheels NFTs) can fail to confirm, and the game can become temporarily inaccessible if the BSC blockchain malfunctions. Rage on Wheels will not be held liable for any losses that may arise as a result of the BSC network not working properly.
4.4 Every BSC transaction is subject to a blockchain fee, payable in BNB coins. The size of the fee varies depending on the network load and other factors. The User must have a sufficient amount of BNB in their MetaMask wallet to pay the fee when interacting with a Rage on Wheels smart contract. The App has no control over the fee size and will not be held responsible or liable for any loss or damage resulting from the User not having a sufficient BNB balance.
4.5. The User is responsible for paying any taxes that become payable as a result of using the App, receiving rewards, staking ROW, selling in-Game assets, and any other revenue or profit received as a result of using the App. Rage on Wheels does not act as a tax agent in any jurisdiction and does not provide tax advice. It is up to the user to get informed about any payable taxes.
- Intellectual property and use of in-game assets
5.1. All the designs, art, graphic interfaces, layout, computer code, texts, logos, trademarks, trade names, and other elements of the App, including trading card designs and crafted trading cards – i.e. designs created by the User based on the elements provided by the Project through the crafting process (collectively Content), are copyrighted property of Rage on Wheels. The Project holds all intellectual property rights to the Content.
5.2. Your use of the App does not grant you any ownership, commercial use, or other rights with respect to the Content, except for the rights expressly laid out in the Terms. In particular, your purchase of any trading cards and/or NFTs of Rage on Wheels does not confer on you any copyright or intellectual property rights with regard to the trading cards, their designs, or any of the Content.
5.3. The User’s rights to the trading cards (included crafted cards) and/or Rage on Wheels NFTs in their possession is limited to: a) displaying them on third-party sites; b) using them within the game, in ways and for the purposes determined by the Project; c) selling NFTs on third-party blockchain marketplaces.
5.4. The User does not have the right to distribute, reproduce, or use any of the Content (including the trading cards and NFTs in their possession) for any commercial purposes without the written consent of the Project.
5.5 You grant the Project a perpetual, non-exclusive, worldwide, irrevocable license to incorporate and use any content and designs created by you using the tools and interfaces provided by the Project, including the trade card crafting tool
- Account termination
6.1 You can terminate your contractual relationship with the Project by canceling your Rage on Wheels account and discontinuing the use of the App.
6.2 A failure to withdraw in-game assets (ROW tokens and NFTs) from the App before canceling your account will result in the permanent loss of access to these assets.
6.3 The Project reserves the right to terminate the Terms and suspend or cancel your Account at any moment and at its own discretion and without prior notice if you are found to be in violation of any terms, rules, and policies of the Project. Such forced termination will result in a temporary or permanent loss of access to any in-game assets, such as trading cards and ROW tokens, stored in your dashboard.
- Changes and modifications
7.1 Rage on Wheels reserves the right to make modifications to the Terms, the App, in-game assets, game rules, and any other elements of the Project at its own discretion, at any moment, and without prior notice. The latest version of the Terms will be made available through the Terms and Conditions link on the Website. Your continued use of the Terms and App constitutes your agreement to any changes made.
- Third-party sites
8.1 The App, Website, and other elements of the Project may contain links to third-party apps, websites, and services (Third-party Sites). Rage on Wheels has no control over the content published on Third-party Sites, its accuracy, or Third-party Sites’ availability, and will not be liable for any damage or loss resulting from your use, or failure to use, any Third-party Sites and the content or services they provide.
- Use by minors
9.1 By accessing and using the App, you confirm that you are older than the age of 14. Minors under the age of 14 may not use the App.
9.2 Users aged older than 14 but younger than 18, or younger than the legal age of majority in their jurisdiction, may only use the App with the consent of a parent or legal guardian.
9.3 The parent or legal guardian of a minor User between the age of 14 and the age of legal majority must review these Terms and the content of the App before the User accesses it. By agreeing to a minor’s use of the App, the parent or legal guardian assumes full legal responsibility for any consequences, including financial losses and charges, resulting from the minor’s use of the App.
- Risk notice
By accessing and using the App, you acknowledge your acceptance of the following risks:
- a) Crypto asset volatility. The prices of blockchain assets, including ROW tokens and Rage on Wheels NFTs, can fluctuate unpredictably and in a wide range. Price volatility can negatively impact the value of the in-game assets held by you and even reduce it to zero. The Project has no control over the market prices of its in-game assets and will not provide any refunds if their value decreases. Furthermore, the Project does not provide any guarantees of future prices. You accept that the risk of losing money as a result of holding Rage on Wheels assets is high.
- b) Blockchain technology risks. Blockchain is a relatively new and untested technology, subject to breakdowns, malfunctioning, hacks, and exploits. There is no guarantee that the App will continue to work as planned or at all at any given point in the future.
- c) Regulatory risks. New regulatory rules and restrictions on the use and circulation of cryptocurrency assets can be introduced at any moment and affect the Project’s ability to operate, up to complete termination and closure. Depending on the regulations in your jurisdiction, you may become unable to access the App or dispose of your in-game assets. The Project has no control over the actions taken by the authorities and will not provide any refunds in case of a disruption caused by regulatory action.
- d) Blockchain upgrade. An upgrade of the Binance Smart Chain network, or a change in its algorithms, protocols, and transaction confirmation mechanisms, can negatively impact the App and its in-game assets, leading to a loss of utility and/or value of its ROW tokens and trading cards.
- e) Lack of public interest. A lack of interest in the Rage on Wheels game, its trading cards, and ROW tokens can negatively impact their value and utility, as well as the operations and future development of the Project.
11.1 By using the App, you agree to hold harmless and indemnify Rage on Wheels and all its employees, founders, executives, agents, partners, suppliers, subsidiaries, suppliers, and affiliates from and against any liability, loss, damage, or claim. You also agree to hold harmless and indemnify the Project from and against any losses, damage, court fees, and attorney’s fees that may arise out of your breach of the present Terms, violation of the relevant rules and regulation, or your incorrect application of laws.
- Dispute resolution
12.1 Any dispute arising out of or in connection with these Terms, including your use of the App, smart contracts, or the Website, and which cannot be resolved through negotiations between you and Rage on Wheels, will be resolved by arbitration under the laws of XXX.
12.2 The case will be resolved by a single arbitrator, with each part covering its own costs and fees.
12.3 The place of arbitration will be XXX. You may choose to conduct the arbitration by phone or video conference. The decision of the arbitrator will be final and binding on both parties.
12.4 Rage on Wheels may seek and obtain injunctive relief in any competent court in any jurisdiction in order to enforce these Terms, including without proof of monetary damage.
12.5 You hereby expressly renounce your right to a trial by jury or to participate as a member of a group of claimants in any class action lawsuit with respect to any dispute arising out of or connected to these Terms.
13.1 You expressly confirm and agree that the Rage on Wheels app is provided ‘as is’ without warranty or guarantee of any kind, and that your use of the App is at your own risk.
13.2 To the fullest extent permitted under applicable law, Rage on Wheels, its affiliates, subsidiaries, and licensors, disclaim any and all warranties regarding the App and all its elements and parts (including, but not limited to, the Website, the user dashboard, in-game assets, NFTs, smart contracts, etc.), including the implied warrants of correctness, accuracy, non-infringement, fitness for any purpose, reliablity, or marketability.
13.3 Rage on Wheels, its subsidiaries, and affiliates do not warrant or represent that:
– the App will meed your expectations or requirements;
– the App will be free from errors and operate in a secure and uninterrupted manner;
– the data you provide while using the App will be secure;
– the App will be free from errors, viruses, trojans, and other harmful elements.
The exclusion of some of the implied warranties listed above may not apply to you if the applicable law in your jurisdiction does not allow it.
13.4 You warrant and agree that interacting with the App over the internet and providing information to the App carries security risks and that Rage on Wheels is not responsible or liable for any breach of security, apart from cases of gross negligence on the part of the Project.
13.5 Rage on Wheels will not be held responsible or liable for any damage or loss incurred as a result of:
– user error or negligence;
– computer or server failure or data loss;
– incorrect use of the Binance Smart Chain blockchain, MetaMask wallet;
– unauthorized access or attack against the App, your cryptocurrency wallet, or the BSC network by third parties, such as attacks, hacks, exploits, phishing, etc.
13.6 Rage on Wheels will not be held responsible or liable for any loss or damage incurred as a result of any problems with the BSC network or third-party blockchain wallets, including, but not limited to, delayed, incorrect, or incompatible upgrades and forks; blockchain node problems; or failure by the developers to update the network on time.
- Limitation of liability
14.1 You acknowledge and agree that Rage of Wheels, its employees, founders, executives, affiliates, subsidiaries, and licensors will not be liable to you or any third party for any damages incurred (including indirect, special, incidental, exemplary, or consequential), including, but not limited to, loss of funds, loss of profits, loss of reputation, loss of data, loss of intangible value, or the cost of procuring substitute goods and services.
14.2 You acknowledge and confirm that Rage on Wheels’ total liability to you for any and all claims arising out of these Terms or your use or inability to use the App is limited to a) the amount you personally paid under the Terms in the 12 months preceding the date of the claim, or 2) $100, whichever is greater.
14.3 You acknowledge and confirm that you do not reside in a jurisdiction where any elements of the App, such as the use of cryptocurrency or buying closed Treasure Chests, is prohibited by law.
- Additional clauses
15.1 If any part of the Terms is found to be invalid or unenforcable, the remaining portion will remain in effect.
15.2 The failure on the part of Rage on Wheels to enforce any part of the Terms will not be deemed as a waiver for that part of the Terms.
15.3 Rage on Wheels will not be liable for any damage or loss incurred by any force outside of its control (force majeure, including, but not limited to, war, civil unrest, terrorism, government action, natural disaster, power failures, and so on.