Terms of Service

1. General

‍These terms and conditions ("Terms") govern the use of the website (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between The Polrare Labs and its affiliates ("Company", "RaceFi", "we", "us") and you, an end-user of the services ("you" or "User") at RaceFi ecosystem. By accessing, using, or clicking on our website (and all related subdomains) or its mobile, PC applications ("Website") or accessing, using, or attempting to use the Services, you agree that you have read, understood, and to are bound by these Terms and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the conditions herein, please do not access or use the Website or the Services. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.

We may modify, suspend or discontinue the Website or the Services at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. All modifications or changes to these Terms will become effective upon publication on our website or release to Users. Therefore, your continued use of our Services is deemed your acceptance of the modified Terms and rules. If you do not agree to any changes to these Terms, please do not access or use the Website or RaceFi Platform and ecosystem. We note that these Terms between you and us do not enumerate or cover all rights and obligations of each party and do not guarantee complete alignment with needs arising from future development. Therefore, our privacy policy, platform rules, guidelines, and all other agreements between you and us are deemed supplemental terms that are an integral part of these Terms and shall have the same legal effect. Your use of the Website or Services is deemed your acceptance of any additional terms.

2. Eligibility

By accessing, using, or clicking on our website and platform and using or attempting to use our Services, you represent and warrant that:

(a) as an individual, legal person, or other organization, you have full legal capacity and authority to agree and bind yourself to these Terms;

(b) you are at least 18 or are of legal age to form a binding contract under applicable laws;

(c) your use of the Services is not prohibited by applicable law and at all times compliant with applicable law, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing ("CTF");

(d) you have not been previously suspended or removed from using our Services;

(e) if you act as an employee or agent of a legal entity and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;

(f) you are solely responsible for the use of the Services.

3. Identity Verification

We and our affiliates may, but are not obligated to, collect and verify information about you to keep appropriate records of our users, protect the community and us from fraudulent users, and identify traces of money laundering, terrorist financing, fraud, and other financial crimes, or for other lawful purposes.

We may require you to provide or verify additional information before permitting you to access, use or click on our platform or use or attempt to access any Service. We may suspend, restrict, terminate your access to our website or any or all of the Services in the following circumstances:

(a) if we reasonably suspect you of using our Website and Services in connection with any prohibited use or business;

(b) your use of our Website or Services is subject to any pending litigation, investigation, or government proceeding or we perceive a heightened risk of legal or regulatory non-compliance associated with your activity

(c) you take any action that we deem as circumventing our controls, including, but not limited to, abusing promotions which we may offer from time to time.

In addition to providing any required information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed. You also authorize us to share your submitted information and documentation with third parties to verify the authenticity of such information. We may also conduct necessary investigations directly or through a third party to verify your identity or protect you and us from financial crimes, such as fraud, and take necessary action based on such investigations. We will collect, use and share such information by our privacy policy.

If you provide any information to us, you must ensure that such information is accurate, complete, and timely updated when changed. Suppose there are any grounds for believing that any of the information you provided is incorrect, false, outdated, or incomplete. In that case, we reserve the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of the Services we provide for you. You shall be fully liable for any loss or expense caused to us during your use of the Services. You now acknowledge and agree that you must keep all the information accurate, updated, and correct. We reserve the right to confiscate all funds that violate relevant and applicable AML or CFT laws and regulations and cooperate with the competent authorities when and if necessary.

4. Restrictions

You shall not access, use or click on our website or use or attempt to use the Services except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may NOT:

(a) use our website or use the Services in any dishonest or unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms;

(b) violate applicable laws or regulations in any way;

(c) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of RaceFi;

(d) use our website or use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or computer code designed to affect the operation of any computer software or hardware adversely;

(e) use any deep linking, web crawlers, bots, spiders, or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy, monitor, replicate or bypass the Website or the Services;

(f) make backup or archival copies of the website or any part thereof, including disassembling or de-compilation of the website;

(g) violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other users from using our website and the Services; exploit any system vulnerability that affect to the game economy and ecosystem;

(h) use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);

(i) attempt to access any part or function of the website without authorization, or connect to the Website or Services or any Company servers or any other systems or networks of any the Services provided through the services by hacking, password mining, or any other unlawful or prohibited means;

(j) probe, scan, or test the vulnerabilities of the Website or Services or network connected to the properties, violate any security or authentication measures on the Website or Services or any network connected to that;

(k) reverse lookup, trace, or seek for any information of any other Users or visitors of the Website or Services;

(l) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Website or Services, or the infrastructure of any systems or networks connected to the Website or Services;

(m) use any devices, software, or routine programs to interfere with the regular operation of any transactions of the Website or Services, or any other person's use of the Website or Services;

(n) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to RaceFi.

By accessing the Services, you agree that we have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice.

5. Termination

RaceFi may terminate, suspend, or modify your access to the Website and Services, or any portion thereof, immediately and at any point, at its sole discretion. RaceFi will not be liable to you or any third party for any termination, suspension, or modification of your access to the Services. Upon termination of your access to the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

6. Intellectual Property

All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights like intellectual property rights that exist in or in relation to the use and access of the website and the Services are owned by or otherwise licensed to RaceFi. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license and any limited license to merely use or access the website and the Services the permitted hereunder.

Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any other third party's intellectual rights.

If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do all such acts and execute all such documents as we may reasonably request to assign such intellectual property rights back to us.

You agree and acknowledge that all content on the website must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted written consent from us.

Third parties participating on the website may permit us to utilize trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that the website's content does not infringe the rights of any third party.

7. Indemnification

You agree to indemnify and hold harmless RaceFi and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors from and against any potential or actual claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys' fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

(a) your use of, or conduct in connection with, the Website or Services;

(b) your breach or our enforcement of these Terms;

(c) your violation of any applicable law, regulation, or rights of any third party during your use of the Website or Services.

Suppose you are obligated to indemnify RaceFi and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors according to these Terms. In that case, RaceFi will have the right, to control any action or proceeding and determine whether RaceFi wishes to settle, and if so, on what terms.

Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.

8. Confidentiality

You acknowledge that the Services contain RaceFi and its affiliates' trade secrets and confidential information. You agree to hold and maintain the Services in confidence and not furnish any other person any personal information of the Services or the Website. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any RaceFi's or its affiliates' proprietary notices. Your obligations under this provision will continue even after these Terms have expired or been terminated.

9. Anti-Money Laundering

RaceFi expressly prohibits and rejects the use of the website or the Services for any form of illicit activity, including money laundering, terrorist financing, or trade sanctions violations. By using the Website or the Services, you represent that you are not involved in any such activity.

10. Force Majeure

RaceFi shall have no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its Services and business by acts, events, omissions, or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.

BY MAKING USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

(A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES WITH A CERTAIN VALUE THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM ("DIGITAL CURRENCIES");

(B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES, AND

(C) FOREST KNIGHT SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. AS WITH ANY ASSET, THE VALUES OF DIGITAL CURRENCIES ARE VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY. THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN PURCHASING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES.