VRMARS TERMS OF USE
This VRMARS Terms of Use (“Terms”) constitute a legally binding agreement made between the user, whether personally or on behalf of an entity (the “User”, “You”) and VRMARS (the “Company,” “We,” “Us,” or “Our”) concerning User’s access to and use of the https://www.vrmars.io/ website (the “Website”) and the VRMARS app (the “App”) available at IOS and Android as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the “Platforms”). By accessing the Website, the App, or any other official VRMARS Product, the User confirms and acknowledges having read, understood, and agreed to be bound by these Terms and the whitepaper, found on https://docs.vrmars.io/ (“Whitepaper”). In case the User does not agree and/or accept all of these terms and the content of the Whitepaper, they are explicitly prohibited from using the Website, the App, and the Platforms and must discontinue their use immediately.
1. VRMARS PRODUCTS AND SERVICES OFFERED VIA THE WEBSITE, THE APP, AND THE PLATFORMS
VRMARS is a revolutionary new NFT-based gaming experience that combines cutting-edge technology and exciting gameplay to offer players a new way to immerse themselves in a virtual world. With augmented reality (AR) and virtual reality (VR) technology, VRMARS allows players to experience a lifelike simulation of a harsh and dangerous Martian environment, where they must survive and thrive through their creativity, strategy, and teamwork.
(A) VRMARS Game
VRMARS will be launched on both mobile and web platforms, offering players the choice of an AR experience on mobile or a VR experience on the web. The mobile version of VRMARS, which leverages AR technology, will be released first, followed by the web-based VR version. This approach allows players to engage with VRMARS in the environment of their choice and offers a unique gaming experience for players on both platforms.
(B) VRMARS Items
A Marketplace (the “Marketplace”) is created for Users to purchase, transfer, and trade game-related items such as Citizen ID, VRMARS Land, Flamethrower, Flamepistol, VacuumG (“VRMARS Items”).
(C) NFT'S
Users’ purchase of VRMARS Items may be accompanied by non-fungible tokens (“NFTs”) (e.g., FlameThrower NFTs), and the ownership of these NFTs have tracked via the VRMARS Ecosystem. User’s ownership of these NFTs will give you certain rights and privileges within the services for as long as we make the services and such rights and privileges available to you. You are responsible for all payments, fees, and costs when engaging in any transactions involving NFTs, including, without limitation, the purchase price, transaction fees, fees associated with your secondary or subsequent sales of NFTs, and all other fees associated with your use of the NFTs via the services.
(D) Marketplace
We provide the Marketplace to be able to sell VRMARS Items and other Services-related offerings (collectively, “Offerings”) to you directly from us. The Marketplace will also facilitate peer-to-peer sales conducted via decentralized or third-party exchanges or protocols whereby buyers and sellers can buy, sell, and trade in-game items with each other. Marketplace terms and conditions apply specifically to the services provided through the Marketplace, which is available on the Website via this link. You hereby acknowledge and accept that you will be obligated to comply with such terms and conditions for the Marketplace whilst using the services offered therein.
(E) Game Mechanics
VRMARS offers an invaluable experience to its participants with its unique gathering, harvesting, and building mechanics. These mechanics and their details can be found at https://vrmars.io/ . These mechanics can be changed at any time.
2. DEFINITIONS
Throughout these Terms, the following definitions apply:
VRMARS Land : These lands are free to build and design on with respect to your wish once Users own them. Users can form clans, apps, services, and games using the web builder on VRMARS Land. VRMARS Lands are all-compatible with VR (Virtual Reality), and the Users can play the game with their VR headset and take their experience to the next level. Moreover, with the apps and games that users can build on their land, land owners can organize contests and earn in-game incomes.
VRMARS Products : VRMars Game as well as any other other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected which is developed by VRMARS. incomes.
VRMARS Token ($VRM) : VRMARS Token ($VRM) is the governance token of the VRMARS Ecosystem
3. CHANGES TO THE WEBSITE AND THE APP
Supplemental terms and conditions or documents that may be posted on the Website, the App, and the Platforms from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We aim to do so with a minimally adverse impact on your access to or the use of the Website, the App, and the Platforms will alert you of any changes by updating the “Last Updated” date of these Terms. Users waive any right to receive specific notice of each such change. It is the User’s responsibility to periodically review these Terms to stay informed of updates. User will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by User’s continued use of the Website, the App, and the Platforms after the date such revised Terms are posted.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We aim to do so with a minimally adverse impact on your access to or the use of the Website, the App, and the Platforms will alert you of any changes by updating the “Last Updated” date of these Terms. Users waive any right to receive specific notice of each such change. It is the User’s responsibility to periodically review these Terms to stay informed of updates. User will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by User’s continued use of the Website, the App, and the Platforms after the date such revised Terms are posted.
4. ELIGIBILITY
The information on the Website, the App, and the Platforms are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Website and/or the App while violating their local laws are doing so on their initiative and at risk and may have to deal with the legal or other consequences thereof.
In order to access the Services, Website, App, or Platforms, you must be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only access the Services under a parent or guardian’s approval and under their supervision. You are prohibited from accessing the Services, Website, App, or Platforms if you are under 13 years old.
If you are using the Platform on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that organization to these Terms, and You agree to be bound by these Terms on behalf of that organization
In order to access the Services, Website, App, or Platforms, you must be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only access the Services under a parent or guardian’s approval and under their supervision. You are prohibited from accessing the Services, Website, App, or Platforms if you are under 13 years old.
If you are using the Platform on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that organization to these Terms, and You agree to be bound by these Terms on behalf of that organization
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website, the App and the Platforms are the proprietary property of the Company and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Website, the Apps and the Platforms (collectively, the “Content”) and trademarks, service marks and logos contained therein (the “Marks”) are owned, controlled by Us or licensed to the Company, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of any jurisdiction and international conventions. Except as expressly provided in these Terms, no part of the Website, the App and the Platforms and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website, the App, and the Platforms you are granted a limited licence to access and use the Website or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the App and the Platforms, the Content, and the Marks.
Provided that you are eligible to use the Website, the App, and the Platforms you are granted a limited licence to access and use the Website or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the App and the Platforms, the Content, and the Marks.
6. USER WARRANTIES
By using the Website, the App and the Platforms, You represent and warrant that:
VRMARS reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of VRMARS services in certain countries or regions.
1) All registration information you submit will be true, accurate, current, and complete;
2) You will maintain the accuracy of such information and promptly update such registration information as necessary;
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website, the App and the Platforms (or any portion thereof).
3) You have the legal capacity and you agree to comply with these Terms;
4) You are not a minor in the jurisdiction in which you reside;
5) You will not access the Website, the App and the Platforms through automated and non-human means, whether through a bot, script or otherwise.
6) You will not use the Website, the App and the Platforms for any illegal and unauthorized purpose; and
7) Your use of the Website, the App and the Platforms will not violate any applicable law or regulation.
8) You (a human being) will only use one in-game account to earn tokens in any 24-hours.
9) You have not been included in any trade embargoes or economic sanctions list (such as the United Nations security council sanctions list), the list of specially designated nationals, or the denied persons or entity list.
10) That VRMARS or third-party providers We work with, may store the IP address you use to access the website.
10) You have read, understood and accept the content of the Whitepaper, espseciially with regards to the details of $WTR and $VRM Tokens.
2) You will maintain the accuracy of such information and promptly update such registration information as necessary;
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website, the App and the Platforms (or any portion thereof).
3) You have the legal capacity and you agree to comply with these Terms;
4) You are not a minor in the jurisdiction in which you reside;
5) You will not access the Website, the App and the Platforms through automated and non-human means, whether through a bot, script or otherwise.
6) You will not use the Website, the App and the Platforms for any illegal and unauthorized purpose; and
7) Your use of the Website, the App and the Platforms will not violate any applicable law or regulation.
8) You (a human being) will only use one in-game account to earn tokens in any 24-hours.
9) You have not been included in any trade embargoes or economic sanctions list (such as the United Nations security council sanctions list), the list of specially designated nationals, or the denied persons or entity list.
10) That VRMARS or third-party providers We work with, may store the IP address you use to access the website.
10) You have read, understood and accept the content of the Whitepaper, espseciially with regards to the details of $WTR and $VRM Tokens.
VRMARS reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of VRMARS services in certain countries or regions.
7. USER REGISTRATION
You may be required to register with the Website, the App and the Platforms. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in Our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
8. PROHIBITED ACTIVITIES
You may not access or use the Website, the App and the Platforms for any purpose other than that for which we make the Website, the App and the Platforms available. The Website, the App and the Platforms may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with VRMARS. User shall not:
• Systematically retrieve data or other content from the Website, the App and the Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
• Make any unauthorised use of the Website, the App, and the Platforms including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use a buying agent or purchasing agent to make purchases on the Website, the App and the Platforms.
• Use the Website, the App and the Platforms to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Website, the App and the Platforms including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website, the App, the Platforms and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Website, the App and the Platforms.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools)
• Interfere with, disrupt, or create an undue burden on the Website, the App, and the Platforms or the networks or services connected to the Website.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Use any information obtained from the Website, the App or the Platforms in order to harass, abuse, or harm another person.
• Use the Website, the App and the Platforms as part of any effort to compete with us or otherwise use the Website, the App, the Platforms and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website, the App and the Platforms.
• Attempt to bypass any measures of the website designed to prevent or restrict access to the Website, or any portion of the Website, the App and the Platforms.
• Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website, the App and the Platforms to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website, the App and the Platforms.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, the App, the Platforms or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website, the App and the Platforms.
• Use the Website, the App and the Platforms in a manner inconsistent with any applicable laws or regulations.
• Engage in any practice that aims to manipulate the outcome of any Clan Tournaments. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited.
• Using the same VRMARS account across multiple accounts to qualify for multiple NFT rewards is strictly prohibited.
9. FEE AND PAYMENT
Any purchases from the Website will be done through [*]
10. THIRD-PARTY WEBSITE AND CONTENT
The Website, the App, and/or the Platforms (or You may be sent via the Website, the App, and/or the Platforms) links to other websites (“Third-Party Websites”) as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website, the App, the Platform or any Third-Party Content posted on, available through, or installed from the Website, the App, and/or the Platforms including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Website, the App and/or the Platforms and access the Third-Party Websites or to use or install any Third-Party Content, You do so at your own risk and You should be aware of these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website, the App and/or the Platforms or relating to any applications You use or install from the Website, the App and /or the Platforms. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that We do not endorse the products and services offered on Third-Party Websites and You should hold Us harmless from any harm caused by Your purchase of such products and services. Additionally, You should hold Us harmless from any losses sustained by You or harm caused to You relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. TERMINATION
These Terms remain in full force and effect while you use the Website, the App, and the Platforms. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE, THE APP, AND THE PLATFORMS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, THE APP, AND THE PLATFORMS OR DELETE YOUR ACCOUNT WITHOUT WARNING, AT OUR SOLE DISCRETION.
If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or a borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating and suspending Your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or a borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating and suspending Your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. GOVERNING LAW
These Terms and Your use of the Website, the App, and the Platforms are governed by and constructed in accordance with the laws of Switzerland applicable to agreements, without regard to its conflicts of law principles. Any conflict related hereto shall be resolved finally under Singapore International Arbitration Centre Rules with three arbitrators, one to be appointed by each Party and the last arbitrator, who will also act as the chairman, to be appointed by the selected arbitrators. The arbitration shall be held in the English language.
13. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE, THE APP, AND THE PLATFORMS ARE AT YOUR SOLE RISK; AND THAT THE WEBSITE, THE APP, AND THE PLATFORMS 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 WEBSITE, THE APP, THE PLATFORMS, AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, 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 WEBSITE, THE APP, AND THE PLATFORMS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE, THE APP AND THE PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBSITE, THE APP AND THE PLATFORMS WILL BE ACCURATE, (III) THE WEBSITE, THE APP, THE PLATFORMS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE, THE APP AND THE PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE, THE APP AND THE PLATFORMS WILL BE SECURE. 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 VRMARS ECOSYSTEM, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS 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 OR THE VRMARS ECOSYSTEM.
VRMARS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE VRMARS ECOSYSTEM. INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE VRMARS ECOSYSTEM, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
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 VRMARS ECOSYSTEM, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS 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 OR THE VRMARS ECOSYSTEM.
VRMARS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE VRMARS ECOSYSTEM. INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE VRMARS ECOSYSTEM, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
14. DISCLAIMERS
YOU 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 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 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 WEBSITE, THE APP, AND THE PLATFORMS 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 DOLLAR.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE WEBSITE, THE APP AND THE PLATFORM 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 WEBSITE, THE APP AND THE PLATFORMS TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
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 WEBSITE, THE APP, AND THE PLATFORMS 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 DOLLAR.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE WEBSITE, THE APP AND THE PLATFORM 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 WEBSITE, THE APP AND THE PLATFORMS TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
15. ASSUMPTION OF RISK
You accept and acknowledge each of the following:
a) The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your VRMARS Token ($VRM), which may also be subject to significant price volatility. We cannot guarantee that any purchasers of VRMARS Token ($VRM) will not lose money.
b) There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that VRMARS will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the VRMARS Ecosystem, however, caused.
c) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the VRMARS ecosystem and, therefore, the potential utility or value of VRMARS Token ($VRM).
d) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the VRMARS Ecosystem and therefore the potential utility or value of VRMARS Token ($VRM).
b) There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that VRMARS will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the VRMARS Ecosystem, however, caused.
c) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the VRMARS ecosystem and, therefore, the potential utility or value of VRMARS Token ($VRM).
d) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the VRMARS Ecosystem and therefore the potential utility or value of VRMARS Token ($VRM).
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries , affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the Website, (2) breach of these Terms, (3) any breach of your representations and warranties set forth in these Terms, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the Website, the App and the Platforms with whom you connected via the Website, the App and the Platforms. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
17. MISCELLANEOUS
These Terms and any policies or operating rules posted by VRMARS on the Website, the App and the Platforms or in respect to the Website, the App and the Platforms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Website, the App and the Platforms. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
