We and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory, or otherwise regarding the Sites, the Apps, the Blockchain, the Contracts, or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the Sites, the Apps, the Blockchain, the Contracts, or third-party content will be uninterrupted, error-free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
Accessing the Sites or the Apps means you understand and agree that we, our subsidiaries, affiliates, and licensors and other relevant persons and entities as updated from time by our policies shall not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damage which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other tangible or intangible loss, even if we have been advised of the possibility of such damage.
TAX AND FEES
If you elect to purchase and/or trade, including but not limited to Assets, products, and services related to the Sites and the Apps as updated from time to time by our policies (collectively the "Product" or "Products"), which shall be released by us and may be available for purchase from the day we first launch the Marketplace of the Apps and the additional Products from time to time as updated by our policies, that are purchased on the Sites and/or the Apps with and/or from other users via any transactions that you engage in, such purchases and/or trade shall be conducted solely through the Blockchain via a crypto wallet such as MetaMask, CoinBase, etc. which are outside our control. It is assumed that you fully understand, agree, and acknowledge that we have no insight into or control over these payments or transactions, nor do we have the ability to reverse any such payments or transactions. Therefore, we shall, in any cases, 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 Sites and/or the Apps or using the Contracts, or any other transactions that you conduct via, including but not limited to, cryptocurrency exchange platforms such as Binance, PanCake Swap, etc.
In addition to the "Gas Fee" as stipulated at our sole discretion, each time you utilize a Contract to conduct a transaction with another user via the Sites and/or the Apps, you authorize us to collect a commission of 5% of the total value of that transaction (each, a "Commission"). You acknowledge and agree that the
Commission shall be transferred directly to us through the Blockchain as a part of the transaction.
As between us, you shall be solely responsible to pay any and all sales, use, property, value-added and other taxes, duties, governmental charges, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Tax" or "Taxes") associated with your use of the Sites (including, without limitation, any Taxes that may become payable as a result of your assessing and using the Sites or the Apps).
MARKET AND TOKEN MANAGEMENT
It is assumed that you expressly understand and agree that your access to and use of the Sites, the Apps, and the Contracts are at your own risk and that the Sites, the Apps, and the Contracts are provided "as is" and "as available" without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to the applicable laws, we, our subsidiaries, affiliates, agents, employees, and licensors make no express warranties and hereby disclaim all implied warranties regarding the Sites, the Apps, and the Contracts and any part of them (including, without limitation, the Sites, the Apps, any 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 Sites, the Apps, and the Contracts shall meet your requirements, (ii) your access to or use of the Sites, the Apps, and the Contracts shall be uninterrupted, timely, secure or free from error, (iii) usage data provided through the Sites, the Apps, and the Contracts shall be accurate, (iii) the Sites, the Apps, and the Contracts or any content, services, or features made available on or through the Sites, the Apps and the Contracts are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the Sites, the Apps and the Contracts shall be secure.
You are deemed to fully acknowledge and 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 by any party.
We shall not be responsible or liable to you for any losses you incur as the result of your use of or third parties’ activities on the Ethereum network, the Blockchain, the Sites, the Apps, Metamask, and other types of electronic wallet, third-party products and services, and the like, 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 Ethereum network, the Blockchain, the Sites, the Apps, the Metamask electronic wallet, or third-party products and services, and the like.
Cryptocurrencies are intangible digital assets that exist only by virtue of the ownership record maintained on the Blockchain. All Contracts are conducted and occur on the decentralized ledger within the Blockchain. Due to the nature of the Blockchain, we have no control over and make no guarantees or promises with respect to the Blockchain and the Contracts. We are not responsible for losses due to the Blockchain or any other features of the Blockchain or misuse of it, or the Metamask electronic wallet and the like, and any issues with the blockchains supporting the Ethereum network, the Blockchain, including forks, technical node issues, or any other issues having fund losses as a result.
THIRD-PARTY LINKS AND WEBSITES
We hold no responsibility and shall not be responsible or liable in any way for the content of such other websites or media linked to the Sites or the Apps, including any products, services, and other items offered through such websites.