Terms of use

1. General

These Terms and Conditions ("Terms") regulate the utilization of the Website("Website") and the Game app Services("Service"). These Terms encompass any guidelines, announcements, supplementary terms, policies, and disclaimers provided or published by us periodically. The Terms establish a legally binding and enforceable agreement between MINE WARZ and its affiliates ("Company," "MINE WARZ," "we," "us") and you, the end user of the services ("you" or "User") available at https://www.minewarz.io/ ("Website"). By accessing, employing, or clicking on our website (including all related subdomains) or its mobile applications ("Service") or accessing, employing, or attempting to use the Services, you acknowledge that you have read, comprehended, and agree to these Terms and fulfill the requirements outlined herein. If you disagree with any part of these Terms or fail to meet the requirements herein, refrain from accessing or using the Website or the Services. Additionally, when using certain Service features, you may be subject to specific additional terms and conditions applicable to those features.

We reserve the right to alter, suspend, or discontinue the Website or the Services at any moment and without prior notice. We may also revise, update, add, or remove provisions within these Terms from time to time. All modifications or changes to these Terms will become effective upon their publication on our Website or release to Users. As a result, your continued use of our Services signifies your acceptance of the updated Terms and regulations. If you do not consent to any changes to these Terms, please abstain from accessing or using the Website or the Services. It is worth noting that these Terms between you and us do not encompass or address all rights and obligations of each party, nor do they guarantee full compatibility with future development needs. Consequently, our privacy policy, platform rules, guidelines, and all other agreements entered into separately between you and us are considered supplementary terms that form an integral part of these Terms and possess the same legal effect. Your use of the Website or Services signifies your acceptance of any supplementary terms as well.

2. Limited Access Countries

The Services mentioned in these Terms or on the Website might not be accessible in every jurisdiction or to every User, and are explicitly unavailable to residents of Afghanistan, American Samoa, Angola, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, China, Crimea of Ukraine, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Guam, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Japan, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Mozambique, Myanmar, Nicaragua, Northern Mariana Islands, Pakistan, Puerto Rico, Republic of the Congo, Republic of Korea, Russia, Somalia, South Sudan, Sri Lanka, Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, United States, Uzbekistan, Vanuatu, Venezuela, Virgin Islands (U.S.), Yemen, Zimbabwe, and any other jurisdiction where accessing or utilizing our protocol is forbidden (each a "Limited Access Country"). MINE WARZ holds the right to select markets and jurisdictions for conducting business and may limit or deny access to the Website and our Services in other countries or regions at our sole discretion.

3. Qualifications

By accessing, utilizing, or clicking on our Website, and by using or attempting to use our Services, you affirm and guarantee that: (a) as an individual, legal entity, or other organization, you possess the full legal capacity and authority to agree to and be bound by these Terms; (b) you are at least 18 years old or of the legal age required to form a binding contract under relevant laws; (c) your use of the Services complies with applicable laws and is not prohibited by them, including but not limited to anti-money laundering, anti-corruption, and counter-terrorist financing ("CTF") regulations; (d) you are not a citizen, resident, domiciliary, or organized, owned, or indirectly controlled by an individual in a Limited Access Country, nor are you using our Services on behalf of any person or entity from a Limited Access Country; (e) you have not been placed on any trade embargo or economic sanctions list, the list of specially designated nationals maintained by OFAC, or the U.S. Department of Commerce's denied persons or entity list, nor have you been subject to or targeted by any other economic sanctions administered or enforced by the United Nations, the European Union, or the United Kingdom; (f) you have not been previously suspended or removed from using our Services; (g) if you act as an employee or agent of a legal entity and enter into these Terms on their behalf, you affirm and guarantee that you possess all required rights and authorizations to bind such legal entity; and (h) you are solely accountable for using the Services and, if applicable, for all activities that take place on or through your user account.

4. Verification of Identity

We and our affiliates may, at our discretion, gather and verify information about you to maintain accurate records of our users, protect ourselves and the community from fraudulent users, detect signs of money laundering, terrorist financing, fraud, and other financial crimes, or for other lawful purposes.

We may ask you to supply or confirm additional information before allowing you to access, use, or click on our Website and/or use or attempt to use our Services. Furthermore, we may suspend, limit, or terminate your access to our Website or any or all of the Services under the following circumstances: (a) if we have reasonable grounds to suspect that you are using our Website and Services for any prohibited purposes or businesses; (b) your usage of our Website or Services is subject to pending litigation, investigation, or government action, and/or we perceive an increased risk of legal or regulatory non-compliance related to your activities; or (c) you engage in any actions that we consider to be an attempt to bypass our controls, including but not limited to exploiting promotions that we may occasionally offer.

In addition to providing any necessary information, you agree to let us maintain a record of that information for the duration of your account's activity and for five (5) years after your account is closed. You also grant us permission to share your submitted information and documents with third parties to verify their authenticity. We may also carry out investigations, either directly or through a third party, to verify your identity or protect you and/or us from financial crimes, such as fraud, and take appropriate action based on the findings of these investigations. We will collect, use, and share such information in accordance with our privacy policy.

If you provide any information to us, you must ensure that it is accurate, complete, and updated when necessary. If we have reason to believe that any of the information you provided is incorrect, false, outdated, or incomplete, we reserve the right to send you a notice demanding correction, directly delete the relevant information, and, if applicable, terminate all or part of the Services we provide to you. You will be fully responsible for any losses or expenses incurred by us during your use of the Services. You hereby acknowledge and agree that you have an obligation to keep all information accurate, current, and correct at all times.

We reserve the right to seize any and all funds found to be in violation of applicable AML or CFT laws and regulations, and to cooperate with the relevant authorities when and if necessary.

5. Prohibitions

You must not access, use, or click on our Website and/or use or attempt to use the Services in any manner other than what is expressly allowed in these Terms. Without limiting the scope of the previous statement, you are expressly prohibited from:

(a) engaging in dishonest or unlawful activities, fraudulent or malicious actions, or any behavior that conflicts with these Terms while using our Website, the Services, or the smart contracts; (b) violating any applicable laws or regulations; (c) infringing any proprietary rights, such as copyrights, patents, trademarks, or trade secrets belonging to MINE WARZ; (d) transmitting data or uploading materials that contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or computer code designed to negatively affect the operation of any computer software or hardware through our Website, the Services, or the smart contracts; (e) utilizing deep linking, web crawlers, bots, spiders, or other automated devices, programs, scripts, algorithms, or methods, or any similar or equivalent manual processes to access, obtain, copy, monitor, replicate, or bypass the Website, the Services, or the smart contracts; (f) creating any back-up or archival copies of the Website or any part of it, including disassembling or de-compiling the Website; (g) violating 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, the Services, and the smart contracts; (h) using the Services or the smart contracts 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) attempting unauthorized access to any part or function of the Website, or connecting to the Website or Services or smart contracts or any MINE WARZ servers or any other systems or networks of any of the Services provided through the services by hacking, password mining, or any other unlawful or prohibited methods; (j) probing, scanning, or testing the vulnerabilities of the Website or Services or smart contracts or any network connected to the properties, or breaching any security or authentication measures on the Website or Services or any network connected to them; (k) reverse look-up, tracking, or attempting to track any information about other Users or visitors of the Website or Services; (l) taking actions that place an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Website or Services or smart contracts, or the infrastructure of any systems or networks connected to the Website or Services or smart contracts; (m) using any devices, software, or routine programs to interfere with the normal operation of any transactions of the Website or Services or smart contracts, or any other person's use of the Website or Services; or (n) forging headers, impersonating, or otherwise manipulating identification to disguise your identity or the origin of any messages or transmissions you send to MINE WARZ or the Website or smart contracts. By accessing the Services, you agree that we reserve the right to investigate any violation of these Terms, unilaterally determine whether you have breached these Terms, and take actions under relevant regulations without your consent or prior notice.

6. Termination

MINE WARZ reserves the right to discontinue, suspend, or alter your access to the Website and/or the Services, or any part thereof, at any moment and without prior notice, at its sole discretion. MINE WARZ bears no responsibility to you or any third party for ceasing, suspending, or altering your access to the Services. When your access to the Services is terminated, these Terms will also end, except for those clauses that are explicitly or intended to remain in effect after termination or expiration.

7. No Guarantees and Liability Limitations

Our services are offered "as is" and "as available" with no warranties or representations, whether express, implied, or statutory. You acknowledge and agree that you have not relied on any other statements or agreements, written or verbal, concerning your use and access to the Services. To the fullest extent allowed by law, MINE WARZ disclaims any implied warranties of title, merchantability, suitability for a specific purpose, and non-infringement. MINE WARZ makes no guarantees or representations that access to the Website, any portion of the Services, including mobile services, or any materials contained therein will be continuous, uninterrupted, timely, or error-free, and will not be responsible for any losses related to this. MINE WARZ does not warrant or represent that the Website, Services, or any MINE WARZ materials are accurate, complete, reliable, current, error-free, or free from viruses or other harmful components. To the maximum extent permitted by applicable law, MINE WARZ and its affiliates, including their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors, will not be liable for any direct, indirect, special, incidental, intangible, or consequential losses or damages arising from or related to: (a) the performance or non-performance of the Services or any other product, service, or other item provided by or on behalf of MINE WARZ or its affiliates; (b) authorized or unauthorized use of the Website or Services or in connection with this Agreement; (c) inaccuracies, defects, or omissions in any data or information on the Website; (d) errors, delays, or interruptions in the transmission of such data; (e) damages caused by the actions, omissions, or violations of these Terms by third parties; or (f) damages caused by the unlawful actions of other third parties or actions without MINE WARZ's authorization. Even if MINE WARZ was aware or should have been aware of the possibility of such damages, and regardless of the failure of any agreed or other remedy to fulfill its essential purpose, except for a final judicial determination that such damages resulted from our gross negligence, actual fraud, willful misconduct, or intentional violation of the law or in jurisdictions that do not permit the exclusion or limitation of incidental or consequential damages. This provision will remain in effect after the termination of these Terms. We provide no warranty regarding the merit, legality, or juridical nature of any token sold on our platform (including whether or not it is considered a security or financial instrument under any applicable securities laws).

8. Intellectual Property

All existing and future intellectual property rights, including copyrights, titles, interests, registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other similar rights related to the use and access of the Website and the Services, are either owned by or licensed to MINE WARZ Team. As long as you comply with these Terms, we grant you a non-exclusive, non-sublicensable, and limited license to merely use or access the Website and Services within the permitted scope. These Terms do not grant any rights or licenses to our or any third party's intellectual property unless explicitly stated.

In case any intellectual property rights are vested in you by law or other means, you agree to perform any necessary actions and execute relevant documents as requested by us to assign those rights back to us. You acknowledge that without written consent from us, all content on the Website must not be copied, reproduced, modified, redistributed, used for creating derivative works, or dealt with for any other purpose.

9. Independent Parties

MINE WARZ operates as an independent contractor and not as your agent in carrying out these Terms. The interpretation of these Terms should not be construed as establishing any association, joint venture, partnership, or franchise between the involved parties.

10. No Professional Advice

The information available on the Website and throughout our Services is strictly for informational purposes and should not be interpreted as professional advice. We do not offer investment guidance, and the content on the Website should not be viewed as a substitute for tailored investment counsel. Digital asset investments carry significant risks, potentially resulting in a complete loss of investment. To comprehend the risks involved in dealing with digital assets, you must possess adequate knowledge of cryptographic tokens, token storage methods (such as token wallets), and blockchain technology. You acknowledge and agree that digital asset values can fluctuate, and we bear no responsibility or liability for any losses you might experience while using or transferring digital assets in connection with our Services. Do not take any action, or refrain from taking action, based on the information found on the Website. Prior to making financial, legal, or other decisions involving our Services, consult an independent, licensed, and qualified professional for appropriate advice.

11. Indemnification

You agree to indemnify and hold MINE WARZ, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors harmless from any potential or actual claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorney's fees, fines, or penalties imposed by regulatory authorities) that may arise from or relate to: (a) your use or conduct in connection with the Website or Services; (b) your breach or our enforcement of these Terms; or (c) your violation of any applicable laws, regulations, or third-party rights while using the Website or Services. If you are required to indemnify MINE WARZ and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors under these Terms, MINE WARZ reserves the right, in its sole discretion, to control any action or proceeding and determine if it wishes to settle and, if so, under what terms. Your obligations under this indemnification provision will persist even after the expiration or termination of these Terms.

12. Fees and Payments

All purchases made on the Website or marketplace will be executed via smart contracts on a blockchain, using wallets like HAVAH wallet or MetaMask. Financial transactions you participate in will be carried out exclusively through the Blockchain, utilizing wallets such as HAVAH wallet or MetaMask. We will neither have insight into nor control over these payments or transactions and will not have the ability to reverse any transactions. Consequently, we will not be liable to you or any third party for claims or damages arising from transactions you engage in through the Website and/or Services, using smart contracts, or any other transactions conducted via networks like HAVAH chain or Polygon chain. Networks like HAVAH chain or Polygon chain necessitate the payment of a transaction fee (a "Gas Fee") for each transaction on the network. Gas Fees support the network of computers that operate decentralized networks like HAVAH chain or Polygon chain. This implies that for each transaction made through the Services, you will need to pay a Gas Fee.

In addition to the Gas Fee, when using a smart contract to conduct a transaction with another user via the Services or concerning MZ tokens, you authorize us to collect a commission on the total transaction value (each, a "Commission"). You acknowledge and agree that the Commission may change and will be transferred directly to us through networks like HAVAH chain or Polygon chain as part of the transaction.

You understand that the Website serves as an introductory platform, with our responsibilities limited to facilitating user functionality and maintaining the Website's availability. We do not resell digital assets or NFTs, nor are we a party to any agreement between a buyer and seller. We have no control over buyers, sellers, or other Website users' conduct. We assume no liability for any aspect of buyer-seller interactions, including but not limited to the description and delivery of digital assets and NFTs offered for sale.

13. Tax Responsibilities

You will be solely accountable for paying any sales, use, value-added, and other taxes, duties, and assessments (excluding taxes on our net income) presently or subsequently claimed or imposed by any governmental authority ("Taxes") in connection with your use of the Services. With the exception of taxes levied on the Company, you are responsible for: (i) paying or reimbursing us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, such as value-added taxes, international tax treaty-required taxes, customs or other import/export taxes, and amounts levied as substitutes for charges set, services performed, or payments made under these Terms, as are now or may later be imposed by any national, state, local, or other taxing jurisdiction; and (ii) not deducting the amount of any such taxes, duties, or assessments from payments made to us according to these Terms.

14. Maintaining Confidentiality

You acknowledge that the Services encompass MINE WARZ's and its affiliates' confidential information and trade secrets. You agree to keep the Services confidential and not to disclose any confidential information related to the Services or the Website to any other party. You commit to exercising a reasonable level of care in safeguarding the confidentiality of the Services. You will not remove or modify any proprietary notices from MINE WARZ or its affiliates. Your obligations under this provision will persist even after these Terms have expired or been terminated.

15. Anti-Money Laundering

MINE WARZ strictly forbids and rejects the utilization of the Website or Services for any illegal activities, such as money laundering, terrorist financing, or violations of trade sanctions. By using the Website or Services, you declare that you are not engaged in any of these activities.

16. Force Majeure

MINE WARZ bears no responsibility if it is unable to fulfill its obligations or continue its Services and business due to circumstances beyond its reasonable control, including but not limited to strikes, utility service or telecommunication network failures, acts of God, war, riots, civil unrest, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.

17. Severability

Should any provision of these Terms be deemed unlawful or unenforceable by a court or other competent authority, the remaining provisions will remain in effect. If any part of an unlawful or unenforceable provision would be lawful or enforceable upon deletion, that part will be considered deleted, and the rest of the provision will continue in effect (unless this contradicts the clause's clear intention, in which case the entire relevant provision will be considered deleted).

18. Notices

All notices, requests, demands, and determinations for us under these Terms (excluding routine operational communications) should be sent to MINE WARZ Zendesk[Link].

19. Assignment

Without prior written consent from MINE WARZ, you may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms, including any rights or obligations related to law enforcement or changes in control. MINE WARZ may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without providing notice or obtaining your consent or approval.

20. Jurisdiction and Governing Law

The parties will engage in a sincere effort to jointly resolve any disputes, whether legal or factual, that may arise from or are connected to these Terms.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly excluded to the extent that they are applicable. Any dispute, controversy, claim, or differing issue of any kind that may arise out of or is related to these Terms of Service, concerning the MINE WARZ team or any Indemnified Party under these Terms, shall be directed to and ultimately resolved by arbitration in Singapore. This shall be in line with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) in effect at the time, with the rules considered to be incorporated into this Section by reference.

Disputes emerging from or related to these Terms will be considered personal between the parties and will be settled exclusively through individual arbitration. No form of class arbitration, class action, or any other type of representative proceeding is permitted. Neither class arbitration nor arbitration where an individual acts as a representative for others is allowed. Furthermore, disputes cannot be presented as a class or any other form of representative action, either within or outside of arbitration, or on behalf of any other person or group of people.

21. Third Party Rights

No third party shall possess any rights to enforce any terms contained herein.

22. Third Party Website Disclaimer

Any links to third party websites from our Services does not imply endorsement by us of any product, service, information or disclaimer presented therein, nor do we guarantee the accuracy of the information contained on them. We do not make any warranties as to the functionality, merchantability, quality or fitness of purposes of any MINE WARZ NFT asset obtained outside of our official marketplace on the Website. There is a possibility that such NFT asset does not function as intended in the MINE WARZ game. If you suffer loss from using such third party product and service, we will not be liable for such loss. In addition, since we have no control over the terms of use or privacy policies of third-party websites, you should carefully read and understand those policies.

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) MINE WARZ 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, and there is a substantial risk of economic loss when purchasing, holding, or investing in Digital Currencies.