http://smartmedia.com.au/?p=394 This game (the “Game”) is called CryptoCars and www.cryptocars.cc “Website” is the UI that is used to access the smart contracts that are stored and secured on the Ethereum blockchain. Ethereum is an open-source, public, blockchain-based distributed computing platform and operating system featuring smart contract functionality. Ethereum provides a decentralized Turing-complete virtual machine, the Ethereum Virtual Machine (EVM), which can execute scripts using an international network of public nodes.
source Using Ethereum tokens it is possible to emulate rare, collectible items with Ethereum tokens, and each of these tokens follows a novel standard in the Ethereum community known as ERC721. We shall refer to these individual erc721 tokens as the “Smart Contract” and the blockchain as “Ethereum/ETH/ETHER”. Smart contracts are issued that allow people wanting to play the game “Users” to buy and own a Smart Contract.
We would highly recommend that you actually do read the following Terms and Conditions carefully. You should ensure that you thoroughly understand the terms and condtions and the rules of the Game prior to using the Game.
We define playing the game to include but not be limited to the following: purchasing Smart Contracts, accessing or using the Site, creating an Account.
By using this Game, this Site, and/or these Smart Contracts, you confirm that you understand these Terms and Conditions and agree to be bound by them. If you are using this Site, this Game, or these Smart Contracts on behalf of another company or legal entity, you indicate that you have the legal authority to accept these Terms and Conditions on the other party’s behalf, and that any mention of “you” in this contract means the other party that you represent. If you do not have the authority to represent another party, then you do not have permission to use this Game, this Site, or these Smart Contracts.
1.Deposit of funds
a. In order to play the Game, Users hold an ETH balance on their own wallet. We do not hold any player deposits. CryptoCars.cc “website” is a UI or easy to use web interface which allows you to interact directly with a blockcahin smart contract on the ethereum network using the “Metamask” browser extension.
b. The website nor any other central company or party do not accept deposits from players, nor do we hold any payments from players. Any transactions / transfers peformed using the website are transferred directly to blockchain.
c. Any Ethereum, other cryptocurrency or fiat currency deposited or exchanged into your Metamask extension is fully owned and controlled by the player. The Game or Website does not have access to the funds deposited in your metamask browser extension.
d. Ethereum are passed directly from your metamask account to a smart contract on the ethereum network.
e. It is the Users responsibility to ensure that any deposits/transfers/exchanges/transactions are performed with great care as the Website nor Game does not have any control over it, the game and it’s creators are not liable for any damages or lost of funds.
2. The Smart Contract
a.We have used the name and model of various supercars to create unique, “Smart Contracts” which are represented by ERC721 tokens on the Ethereum BlockChain. These “Smart Contracts” are in no way affiliated, associated, authorized, endorsed by, or in any way officially connected with any of the car manufacturers or any of its subsidiaries or its affiliates featured on this web site. . New Smart Contracts will be released if, as and when we deem fit, or when requested by a manufacturer who wishes to join in the program.
b. Each celebrity Smart Contract may be purchased using Ethereum. You may purchase any Smart Contract you choose, and any other party may purchase a Smart Contract that you currently own if the other party is willing to pay the predefined higher sum. The price of the tokens are hard coded into the smart contract itself and can not be changed by anyone, including this website.
c. You may not stop another party from purchasing a Smart Contract that you currently own, and no other third party may stop you from purchasing a Smart Contract that you wish to own. Any party is willing to pay the cost of the Smart Contract will own said Smart Contract after the User completes the transaction.
3. The Game
a. This Game requires that you to use a Google Chrome or Firefox web browser that currently has a MetaMask browser extension installed. MetaMask is an electronic wallet created by a third party that allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency.
b. You may not use any other electronic wallet on the Game other than MetaMask; however, you can use other electronic wallets and third-party applications to transfer funds to your MetaMask wallet in order to make purchases and receive payment on the Game.
c. If you do not log on to the Game with the correct browser (either Google Chrome or Mozilla Firefox) and/or if the browser does not have the MetaMask extension installed, you will be recognized by the Game, but you will not be able to interact with the Game in any way.
d. Any and all transactions that take place in the Game occur via the Ethereum blockchain. You understand that by using the Game, your Ethereum public address will be made visible to other users of the Game as well as third parties each and every time you engage in a transaction on the Game.
e.You also understand that by using the Game, your “username” will be published as the owner and will be made visible to other users of the Game as well as third parties each and every time you engage in a transaction on the Game. Should you wish to retain your privacy we suggest you choose a username that does not include your name or other identifiable characters.
e. We do not own and we do not control any of the following third-party products used for the function of this Game: MetaMask, Coinbase, Google Chrome, Mozilla Firefox, or the Ethereum network.
f. We do not own and we do not control any other third-party site, product or service that you may choose to access, visit, or use for the purpose of interacting with or using the Game. We will not be held liable, and are not liable, for the acts or omissions by any such third party, nor are we liable, or will we be held liable, for any damage that you may suffer as a result of interacting with or using any of the mentioned or unmentioned third parties.
g. You must provide accurate and complete registration information when you create an account to utilize the Game.
h. You are solely responsible for the safety and security of your MetaMask wallet and/or any other electronic wallet you utilize to interact with the Game.
i. You are solely responsible for the safety and security of your account with us. If you become aware of security breach in regards to your password or your account, you agree to notify us immediately upon discovery at email@example.com
4. Responsible Gaming
a.This is a game and you should not play with money you can’t afford to lose. You should not max out your credit cards, borrow money in order to play, or do other things that compromise personal values.
b. The game allows you to buy and collect digital assets on the blockchain. Whilst new Users are joining the game frequentlty, there is no guarantee that other Users will buy these assets from you. Whilst it is only natural that some Users will speculate about the ability to resell their digital assets for a higher value in the future, there is no guarantee that another User will decide to buy your digital asset.
c. If you you choose to transfer ETH in exchange for the ERC721 referred to in the game as “smart contract”, you must accept and understand the risk of potentially not being able to sell your “smart contract” in the future. The game is designed for collectors who choose to pay for the ownership of a digital product referred to as a “smart contracts”.
d. Should you choose to speculate over the future value, liquidity, or other benefit of your asset, you must do so at your own risk and not hold the creators of the game or the smart contract liable for any loss or damages. Please ensure you play responsibly and do not spend more than you feel the digital asset is worth.
e. Despite these negative consequences, some people may deny they have a gaming addiction or a problem, they may neglect family, friends, work, and even their own self-care (they may not eat or sleep properly, for example, or care about their physical appearance). Problems like this can affect anyone regardless of age, gender, race or social status. It is a game and should be fun, when it stops being fun you should probably stop playing.
5. Fees and Payments
a. If you choose to purchase any “Smart Contract” on the Game, any and all transactions will be conducted through the Ethereum network utilizing a MetaMask electronic wallet directly to a Smart Contract on the blockchain, which is not controlled by the games or this website.
b. We will not be able to provide any more information other than the information that is available on the blockchain and do not have any more information on or control over these payments or transactions, nor will we be able to reverse any transaction that occurs. Because of this, we will have no liability to you or any other third party for any claims or damages that may occur due to any transaction that takes place on the Game and/or in regards to any of the Smart Contracts that we have created.
c. The Ethereum network requires that you pay a transaction fee, commonly known as “Gas”, for every transaction that occurs on the Ethereum network. Gas is intended to fund the hardware and software that runs the Ethereum network, as well as to prevent misuse and spam. If you choose to interact with the Game via our Site or without using the Game or our Site as a portal, you will still need to pay fee for any and every transaction you make on the Ethereum network.
d. The smart contract keeps a 6% commission fee on every transaction conducted through it, in addition to the Gas charged by the Ethereum network. The game, website nor anybody else has access or control over these fees, as it is handled directly on the distributed blockcahin network. No payment is taken on our website.
a. By using this Game, you acknowledge and agree that we and/or our licenses own all legal rights, titles, and interests in and to any and all elements of the Game, including any and all our own intellectual property. This includes, but is not limited to: graphics, designs, information, systems, computer code, software, services, organization, content, compilation of content, data, design, and any and all other elements of the Game. We retain complete and full ownership of all of these elements, as well as any other element related to the Game not listed in these Terms of Service.
b. Each and every one of these elements is owned by the website, and protected by copyright, trade, dress, patent, trademark laws, international conventions, and every other applicable property and proprietary rights laws. Your use of the Game, the Site, or of any and all Smart Contracts does not grant you ownership of or any rights to the content, code, data, and other materials you may use and see on the Site. Although you own the Smart Contract itself, you own no other rights to ownership of names, designs, brands or images.
c. We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with any of the car manufacturers or any of its subsidiaries or its affiliates featured on this web site. All product names, logos, and brands are property of their respective owners. All company, product names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
d. We welcome feedback, however once you willingly submit such comments, bug reports, ideas, etc, you agree that we are free to use that information, ideas, designs or other materials in any way we see fit without any compensation to you. We are free to disclose that information and those ideas to any third party we wish. By submitting any comments, bug reports, ideas, or any other type of feedback, you grant us a perpetual, irrevocable license to that content and/or ideas, and we immediately retain complete rights to that information, content, and/or ideas.
e. By using this Game and this Site, you agree that you are completely and unequivocally responsible for your conduct during use of this Game and this Site, as well as any repercussions or consequences that occur because of said conduct. THis includes any legal responsibilities / liabilities you may have in your own jurisiction.
f. By using this Game and this website, you agree that you will abide by any and all applicable laws and regulations, and that you will only use the Game and the Site for legal and proper purposes.
g.In addition to this, you are not allowed to, and may not permit any third party to: upload or distribute any unlawful, defamatory, abusive, fraudulent, obscene, or otherwise objectionable content; distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a damaging or dishonest nature; impersonate another person in any way, shape, or form; upload, post, transmit or otherwise make available through the Game any content that infringes on the intellectual proprietary rights of any party, including CryptoCars, any third party associated with us, and any user of the Game or the Site;
use the Game to violate the legal rights of others or to engage in, promote, or encourage any type of illegal activity;
use the Game for any unauthorized commercial purpose, or modify, adapt, translate, or reverse engineer any portion of the Game for any personal or commercial purposes;reformat or frame any portion of the Game, including remove any copyright, trademark or other proprietary rights notices contained in or on the Game; display any content on the Game that contains any hate-related or violent content;use any robot, spider, or other device or program to compile or index any portion of the Game or the content posted on the Game, or to collect information about its users for any purpose;create user accounts by automated means or under false or fraudulent pretenses; access or use the Game for the purpose of creating a product or service that is competitive with any of our products or services.
a.The only way to terminate the Terms and Conditions contained in this agreement is by cancelling your account on the Game and discontinuing any and all use or access to the Game. If you choose to cancel your account, you will not receive any refunds for any transactions made in the Game as we do not hold your funds. You will also not be able to get a refund of any transaction fees.
b. By using this Game, you agree that we have the right to ammend these terms and conditions at anytime by providing notice to users either on this website and/or by email without any notice period. We also have the right to cancel or suspend your account for any reason we deem necessary.
c. You also agree that we are not required to provide you with any advanced notice of any suspension or termination of your account, and that we are not liable to you or any other third party for any damages or consequences caused by the suspension or termination of your account.
d. In the event that we decide to suspend or terminate your account, or restrict your access to your account or the Game, due to suspected fraud, abuse, or illegal activity on your part, then we may also take any and all actions allowed by law.
e. If your account is suspended or terminated by us or by your choice, you will no longer have access to information that you have posted on the Game or any information that is related to your account. In both events, whether we terminate or suspend your account or you choose to terminate your account, you acknowledge and agree that we are under no obligation to maintain any of your information in our databases, nor are we obligated to forward any of that information to you or to any third party unless required to do so by law.
8. Disclaimer and Warranties
a. By using this Game, you understand and agree that your access to and use of this Game is at your own risk. You acknowledge and accept that this Game is provided on an As-Is and As-Available basis, and that we make no express or implied warranty regarding this Game or access to this Game.
b. We, and any party associated with us, make no warranty and disclaim any and all implied warranties regarding the Game, including the Site and Smart Contracts. This includes any implied warranty regarding product value, fitness for a specific purpose, non-infringement, correctness, and/or reliability.
c. Neither us nor any of our subsidiaries or affiliates guarantee or warrant that your access or use of the Game will meet your requirements and/or expectations; your access to the Game or Site will be uninterrupted, free from error, or secure; or, that any data represented in the content, services, or features are accurate and/or free of viruses or other harmful content or components.
9.Limitation of Liability
a. By using this Game and this Site, you understand and agree that neither we nor any of our subsidiaries or affiliates are liable to you or any other third party for any indirect, incidental, consequential, or exemplary damages that you may incur, no matter how those damages occurred.
b. We and our subsidiaries and affiliates are also not responsible for any financial loss, loss of goodwill, loss of business reputation, loss of personal reputation, cost of purchasing any substitute goods or services, or any and all other potential intangible losses, even if we had previous knowledge that there was a risk of damages and/or losses.
c. By using this Game and this Site, you agree that our total liability to you for any and all claims arising out of or relating to these Terms and Conditions or your access to or use of this Game or this Site is limited to the sum of USD$100.
d. By using this Game and this Site, you understand and agree that we have made this Game available to you and entered into these Terms with you as a way to provide the Game to you. These limitations of liability outlined in these Terms and Conditions reflect a reasonable and fair allocation of risk between us and you.
By using this Game and this Site, you agree to hold CryptoCars harmless and to indemnify us and any of our subsidiaries and affiliates, as well as any of our officers, agents, employees, advertisers, suppliers, or licensors, from and against any claim, liability, loss, actual damage, and consequential damage of any kind or nature, including suits, judgements, litigation costs, and attorneys’ fees that occur or arise due to your breach of these Terms and/or your violation of any applicable laws, rules, and regulations.
11. External Sites
In some cases, this Game and this Site may contain hyperlinks to other websites and/or resources as a convenience to you and our other users. We have no control over the safety of or content found on these sites. You acknowledge and agree that we are not responsible for the availability of any links to external sites, and that we do not endorse the advertisements on the sites, the products or services made available on those sites, or any other materials found on those sites. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you or any third party as the result of the availability or lack of availability of these sites, including any reliance placed by you upon the need for those sites and/or for those sites’ completeness and/or accuracy.
12. Changes to these Terms of Service
As we deem necessary, we may make changes to these Terms and Conditions. When we make these changes, the updated Terms and Conditions will be available on the Game and on the Site and feature a “Last Updated” date. It is your responsibility to check these Terms periodically for any changes. Your continued access to the Game and the Site will constitute your binding acceptance of the updates. Any and all changes made are applicable on the date that they are made.
13. Changes to the Game
We are always working toward improving and expanding the Game in order to provide you and our other users with the best, most robust experience. By using the Game and the Site, you understand and agree that any part of this Game or this Site may change at any time without any prior notice to you. We can and will add new features and alter aspects of the Game or the Site at any time without notice.
By using this Game and this Site, you affirm that you are over the age of 18. This Game and this Site are not intended for use by any child under the age of 18.
These Terms in their entirety constitute the legal agreement between you and CryptoCars, and govern your access to and use of the Game and the Site. They replace any prior agreements between the parties related to your access to or use of the Game or the Site, whether oral or written. There are no third-party beneficiaries to these terms; any third party is an independent contractor, and these Terms do not form any agency, partnership, or joint venture. You understand and agree that the language in these terms should and will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms without prior written consent from us. However, we may assign our rights and obligations under these Terms to an affiliate or in connection with an acquisition, sale, or merger at our sole discretion.
In the event that any part of these Terms be deemed invalid or unenforceable by proper legal authorities, that portion will be struck while the remaining portions remain in full force and effect. Any potential failure on our part to enforce these Terms is not and will not be deemed a waiver of these Terms, in part or in whole. Any legal action or proceeding arising under these Terms will be handled by the courts in Hong Kong, and the parties irrevocably consent to the personal jurisdiction and venue there.
Finally, we are not liable and will not be held liable for any failure or delay in performance of our obligation under these Terms that result from any condition beyond our control. This includes government action, acts of terrorism, earthquakes, floods, fire, power failures, internet disturbances, or acts of omission by any third party. You agree that we may provide you with a notice of any changes to these Terms by email, regular mail, or by posting on the Game or the Site. By providing us with your email address, you consent to forgo receiving any notices via postal mail.