Terms and Conditions For Hyper League Racing
Welcome to the Terms and Conditions of Hyper League game!
Hyper League, Inc ("we", "us",or "our") offers a hover racing platform (the "Platform"). The Platform uses blockchain technology to develop a metaverse parallel to the real world for hover racing. It is powered by a game economy that allows players to earn tokens as they play and contribute to the ecosystem. By registering an account on our Website, connecting your cryptocurrency wallet to the Website, or accessing our Platform, you admit that you have read and agree to these Terms ofConditions and all terms of our service referenced herein (the "Terms").
- By using the platform or any part thereof,
- by purchasing, selling, or otherwise acquiring or transferring collectibles (as defined below), you acknowledge that you understand and agree to be bound by all of these terms and conditions.
By using Hyper League, you confirm that you are of legal age and accept and agree to be bound by these Terms. You acknowledge that if you use this Platform on behalf of an organization or company, you have the legal right to connect to such organization or company to these Terms.
These terms contain an arbitration clause (see section 15). By using the Hyper League or any part of it, you agree to and accept the arbitration clause. Please read the arbitration clause carefully, as it affects your rights.
You may not use the Platform if:
- You do not agree to these Terms.
- You do not have a legal age in the country where you reside.
- Under applicable law, you may not access or use the Platform or its content, products, or services.
USE OF THE PLATFORM; SECURITY
- Portfolio Adjustment: To use the Platform most conveniently, you must first install a web browser (e.g., Google Chrome). Using a compatible e-wallet that allows you to purchase and store collectibles, you collect or acquire through the Platform would be recommended. Each Collectible is a non-fungible token.
- Security: Electronic wallets require your attention to security.
- Transactions: You may use your e-Wallet to make purchases, store and transact in one or more cryptocurrencies that we accept from time to time. Transactions on the Platform are managed and validated on the blockchain. You understand that your public address will be publicly displayed on the Binance Smart Chain each time you transact on the Platform.
2. ACQUISITION OF COLLECTIBLES
- Acquisition of Collectibles: The Platform allows you to acquire, collect and display digital goods that represent or relate to the Hyper League.
- Acquisition of Collectibles: You may acquire Collectibles by (a) purchasing Collectibles from us on the Platform or (b) purchasing Collectibles from other owners of Collectibles outside of the Platform. If you choose to purchase Collectibles outside of the Platform, you understand that such purchases are at your own risk.
- Attributes of Collectibles: Each Collectiblerelates to or represents an aspect of the Hyper League.
3. FEES, EXPENSES, AND TAXES
- Financial Transactions on the Platform: Any payments or financialtransactions you make on the Platform will be processed exclusively on the Blockchain. We can't reverse any payment or transaction, nor do we have any control over these payments or transactions. We are not answerable to you or any third party for any claim or loss arising from any payment or transaction you make through the Platform or any other payment or transaction you make through the Blockchain.
- Gas Charges: Each transaction on the Blockchain requires the payment of atransaction fee (each, a "Gas Fee"). Gas fees fund the computer network on which the decentralized blockchain runs.
- Tax Liability: You are solely responsible for the payment of all sales, use, sales, and other taxes, assessments (other than taxes on our net income) now or hereafterimposed or required by any governmental authority (the "Taxes") concerning your use of the Platform.
4. TITLE, LICENSE, AND OWNERSHIP RESTRICTIONS
We will only recognize your ownership of collectibles if you have lawfully acquired or obtained them from a lawful source and they are not the result of prohibited category b activities (as defined below).
For this Section 4, the following capitalized terms shall have the following meanings. "Ownership" means, concerning a Collectible, a Collectible that you have purchased from a Lawful Source (and not as a result of Category B Prohibited Activity (as defined below)) or otherwise lawfully obtained, with evidence of such purchase recorded on the Blockchain.
- Ownership of the Collectible: As each Collectible is an NFT on the Blockchain, acquire a Collectible according to these Terms (and not through a Category B Prohibited Activity), and you will own the underlying NFT. It means you have the right to exchange, sell or donate your Collectible. Ownership of the Collectible is entirely mediated through the BSC.
- We own the Platform: You agree that we own or control all rights, topics of the Platform, and all rights of intellectual property therein (including, without limitation,all systems, designs, methods, computer code, information, software, services, "look and feel," organization, a compilation of content, code, data and all other elements of the Platform. You agree that the Platform Materials are protected by copyright, trademark, patent, and trade dress laws, international conventions, other intellectual property, proprietary rights, and applicable laws. We or our affiliates own all Platform Materials. This Platform and the Platform Materials are owned by us and are protected by trademarks, service marks, and trade names.
- Platform Materials are not licensed for the use of: Platform Materials that you may access on or through the Platform are not your property, and you have no ownership rights. These Terms of Service do not grant you any rights to the Platform Materials.
- Further Acknowledgment of User Ownership: For the avoidance of doubt, you understand and agree (a) that your purchase of any Collectibles, whether through the Platform or otherwise, does not grant you any rights or licenses to the Platform Materials other than as expressly contained in these Terms; (b) that, except as provided in these Terms, you may not reproduce, distribute or otherwise market any element of the Platform Materials without our prior written permission, which we may grant in our sole discretion in each case
- User Feedback: You may submit comments, bug reports, ideas, or other Feedback about the Platform, including but not limited to Feedback to improve the Platform(collectively, "Feedback"). Your Comments are licensed to us perpetually, worldwide, and non-exclusively for any purpose you direct. Please note that when you submit Feedback, we will use and share the Feedback without compensating you.
It is your responsibility to use the Platform in a lawful, proper manner and to comply with all the regulations of the Platform to avoid any harm. You agree to use the Platform only for lawful, proper purposes.
(i) Warranties to Users: Without limiting the preceding, you agree not to use the Platform (or permit any third party to do so): (a) in any manner that could harm the Platform;
- transmit, upload, distribute or disseminate unlawful, defamatory, harassing, offensive, fraudulent, obscene, or otherwise objectionable content;
- distribute viruses, defects, corrupted files, or anything else of a destructive or fraudulent nature;
- post, upload, transmit or otherwise make accessible through the Platform any Content that infringes the intellectual property rights of any party;
- use the Platform to infringe the legal rights of others (e.g., rights of privacy and publicity)
- engage in, promote or encourage illegal activities (including, but not limited to, money laundering);
- interfere with other User's use of the Platform;
- use the Platform for unauthorized commercial purposes;
- adapt, modify, translate or reverse by the engineer to any part of the Platform;
- remove any trademark, copyright, or other proprietary rights notices contained on the Platform or any part thereof; or
- reformat or frame any part of the Platform;
- post any content on the Platform that contains hateful or violent imagery or any other material, product, or service that infringes or encourages conduct contrary to criminal law, other applicable laws, or the rights of any third party;
- use any web, website search/retrieval application, or another device to retrieve or index any part of the Platform or any Platform Content or to collect information about its users for any unauthorized purpose;
- access or use the Platform to create a product or service that competes with any of our products or services;
- abuse, harass or threaten another user of the Platform or any of our authorized representatives, support staff, chat moderators, or volunteers (including, but not limited to, submitting support requests with false information, sending an excessive number of emails or support requests, preventing our staff from performing their duties, rejecting to follow the rules of our team or publicly humiliating us by implying favoritism towards our team or otherwise); or
- use abusive, defamatory, racially or ethnically abusive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening, or vulgar language when communicating with another Platform user or our authorized representatives, customer servicerepresentatives, chat moderators, or volunteers. (each of which is a "Category A ProhibitedActivity"); and (b) in any manner:
- impersonate another person (using an email address or otherwise);
- use, implement, exploit or create a computer program that mimics userbehavior ("bots");
- use, apply, or exploit bots or other similar forms of automation to carry out any activity or transaction on the Platform;
- engage in the purchase of Collections in any unauthorized or illegal manner (including, but not limited to, using a payment mechanism to which you are not entitled, or purchasing a Collection and then attempting to charge the value of your payment method while retaining ownership or control of the Collection, or selling, donating or exchanging the Collection to another person);
- engaging in or resulting in the unlawful removal or taking of collection items or other digital assets; or
- Engage in any action intended to manipulate the outcome of a Hyper League racing game. All players must play to the best of their ability, and any form of manipulation, exchange of winnings, or collaboration between competitors is strictly prohibited.
(Such an act is a "Category B Prohibited Act" and, together with the Category A Prohibited Act, shallconstitute a "Prohibited Act").
(ii) Consequences of Your Violation: Suppose you commit any of the Prohibited Acts. In that case, we may, in our sole and absolute discretion, without notice or liability to you and without limiting our other rights or remedies at law or in equity, immediately remove the images and descriptions of your Collectibles from the Platform. If we withdraw the photos and descriptions of your Collections from the Platform, this will not affect your ownership rights in the Collections you already own. Still, you will not receive a refund of any amounts paid for such Collections.
However, suppose we have reason to believe that you are engaging in any of the prohibited activities in category b, in addition to our right to immediately remove the images and descriptions of your collections from the platform. In that case, we reserve the right, in our sole and absolute discretion and without notice or liability to you, to do any one or more of the following: (a) consider void ab initio any transaction arising out of or resulting from such activity; and/or (b) remove the images and descriptions of your collections from the platform immediately.
6. TERMINATION OF REGISTRATION
(a) The Company has the sole and absolute right to (i) terminate your right to use the Services and these Terms at any time, without warning or liability to you, for any reason or no reason, and (ii) terminate these Terms without notice or liability to you at any time.
As soon as we decide to terminate this agreement, we will send you an email at the address registered with you. This email will state that the agreement has come to an end. You will immediately lose access to hyperleague.io and your email address will be invalidated.
(b) Breach of these Terms or any alleged fraudulent, abusive, or illegal act (including, without limitation, the Prohibited Acts) could cause us to terminate these Terms or suspend or terminate your access to or use of the Platform. Moreover, termination of these Terms will be our sole remedy for any other solution available to us at law or in equity.
(c) In case of any illegal or unauthorized use of the Platform, we have the right to take legal action without giving any notice. This includes contacting law enforcement or regulatory authorities or informing the affected party. If a law enforcement agency or court order asks us to disclose the identity or other information of a user of the Platform, we will fully cooperate with them.
(d) Consequences of Termination: Upon termination or expiration of these Terms by us, you may no longer have access to the information you have posted on the Platform, and you acknowledge that we have no obligation to retain such information in our databases or to disclose it to you or any third party. Sections 1 and 3-16 shall survive termination or expiration of these Terms for any reason.
You, as a result of this, waive and release us, subsidiaries, agents, service providers, contractors, legal administrators of our affiliates, and their directors, officers, employees, licensors, directors, employees, and officers, suppliers, and heirs from any and all claims resulting from the actions of us and any of the foregoing in connection with any investigation by us or any such party or by law enforcement authorities.
7. Disclaimer of Liability
Hyper League is providing facilities without any warranties, either express or implied, and you agree that accessing and using it is entirely at your own risk. In full compliance with law, we, our subsidiaries, and affiliates make no express warranties and with this disclaim all implied warranties concerning the platform and its components, including all implied warranties of fitness for a particular purpose, merchantability, accuracy, non-infringement, and legality, precision or reliability. Without limiting the generality of the preceding, we, subsidiaries, and affiliates do not warrant that: (i) your approach to or utilization of the platform will meet your needs; (ii) we guarantee uninterrupted, timely, secure, and error-free access or use of the platform; (iii) accurate usage data will be provided through the platform; (iv) viruses or other harmful components are not available on or through the platform or any content, services, or features included on or through the platform; in some rules, implied warranties are not allowed to be excluded in consumer contracts, so you may not be able to be excluded from the above exclusions.
You agree to the security risks associated with providing information and conducting business over the internet. We will not be responsible for any breakage of security unless caused by our gross negligence.
You will not be liable for any losses that you incur as a result of using the blockchain or your digital wallet, including but not limited to any losses, damages, or claims arising from the use of the BSC or your electronic wallet: (i) user error, such as forgotten passwords or misinterpreted smart contracts or other transactions; (ii) server failures or loss of data; (iii) corrupted wallet files; or (iv) unauthorized access or actions of third parties, including but not limited to the use of viruses.
Collectibles are non-fungible digital assets that exist only by the grace of a proof of ownership stored on the Binance Smart Chain. All smart contracts are created and executed on a decentralized ledger on the Binance Smart Chain. We have no control over smart contracts and make no warranties or promises in connection with smart contracts.
Collectibles are intended solely for pleasure, use, and consumption.
We will not be liable for losses related to the blockchain or any other feature of the binance blockchain or an electronic wallet, including, but not limited to, the failure of developers or agents to report (or to report at all) problems with the BSC promptly, including forks, node glitches or other problems that result in a loss to the fund.
8. Limitation of Liability
The hand shook public liability plan does not extend to us, suppliers, or affiliates indirect, special, incidental, consequential, or exemplary losses that you may suffer, regardless of the cause or without limitation, theory of liability, including lost profits (whether direct or indirect), loss of data, cost of substitute goods or services, loss of value or other intangible losses, we are not liable for such damages even if we have been advised of the possibility.
Your agreement to our policies and aggregate liability to you, subsidiaries, and affiliates for all claims arising out of or in connection with these terms or your access to or use of the platform, whether in contract, strict liability, or any other legal theory, shall be limited to the greater of: (i) amounts you have paid in the two (2) months before the date you access or use the platform
The platform has been made available to you, and you have entered into these terms and conditions in reliance on the representations we made and warranties, disclaimers, and limitations of liability contained herein, which reflect a fair and equitable allocation of risk between us and you and constitute an essential basis of the transaction between us and you.
9. LIABILITY FOR RISK
- (i) Cost and Volatility: Prices of blockchain collectibles are highly volatile and subjective, and blockchain collectibles have no inherent or intrinsic value. Collectibles may also be subject to significant price fluctuations when prices fluctuate for other digital assets. Each Collectible has no intrinsic value. We cannot guarantee that Collectibles purchased will maintain their original value, as the value of Collectibles is inherently subjective, and factors outside of the Hyper League ecosystem may significantly affect the value and desirability of a particular Collectible.
- (ii) Tax Calculation: You are solely responsible for determining what taxes apply to your transactions with Collectibles. We are not responsible for determining what taxes apply to your transactions on the Platform.
- (iii) Use of Blockchain: The Platform does not store, send or receive Collectibles. It is because Collectibles only exist through proof of ownership stored on the Blockchain. Any Collectibles transfer occurs within the blockchain and not on the Platform.
- (iv) Risks Associated with Internet Currency: There are risks associated with the use of Internet Currency, including, but not limited to, risks related to hardware, software, and Internet connection being interrupted and the risk of third parties gaining unauthorized access to information stored in your eWallet. You agree and acknowledge that we are not responsible for any communication failures, interruptions, errors, outages, or delays you experience while using the Binance smart chain, regardless of the cause.
- (v) Regulatory Uncertainty: The regulatory environment related to blockchain technology, cryptocurrencies, and tokens is uncertain, and any new regulations or policies could have a material adverse effect on the development of the Hyper League ecosystem and, therefore, on the potential usefulness or value of your Collections.
- (vi) Software Risks: An upgrade to the Binance Smart Chain, a hard fork in the Blockchain, or a change in the way transactions are validated on the blockchain could have an unintended adverse impact on any network on the binance smart chain, including the Hyper League ecosystem.
We agree to be indemnified, defended, and held harmless by you, subsidiaries, affiliates, officers, agents, employees, advertisers, suppliers, or partners harmless from and against any claims, liabilities, losses, damages (actual or consequential) of any kind, demands, judgments, court costsand attorneys' fees (i) your breach of these Terms; (ii) your misuse of the Platform; or (iii)In connection with your access to or use of the Platform, you may not violate any applicable law, rule, or regulation. You agree that we will control the defense or settlement of any such claim.
11. EXTERNAL WEBSITES
The Platform may contain hyperlinks to other websites or resources ("External Sites") that are provided solely as a convenience to our users. External Sites are not under our control. As a result, you agree to the Terms that we are not responsible for the availability of External Sites and do not endorse any advertising, products, or other materials on or available from them. Furthermore, we are not liable for any loss arising from the availability or unavailability of the External Sites or your reliance on the completeness, accuracy, or presence of any advertising, products, or other materials on the External Sites.
12. FORCE MAJEURE
- Force Majeure: When these Terms are breached by or result from the followingforce majeure events ("Force Majeure Event(s)"), we will not be liable to you, nor shall we be deemed to be in breach of them. (a) natural disasters; (b) floods, fires, earthquakes, epidemics, pandemics, including the 2019 New Coronavirus (COVID-19) pandemic, tsunami, explosions; (c) war, invasion, hostilities (whether or not war is declared), terrorist threats or acts, riots or other civil disturbances; (d) government orders, laws or actions; (e) As of the date of this Agreement, there are no embargoes or blockades in effect; (f) strikes, work stoppages or slowdowns or other labor disturbances; (g) lack of adequate or appropriate Internet connectivity, telecommunications failures or lack of adequate services or electricity; and (h) other such events beyond our control.
- The performance of our obligations in times of force majeure: In the event of force majeure, we will use our best efforts to notify you immediately of the force majeure event and specify the period during which the event is expected to continue. As far as possible, we will make every effort to remedy the failure or delay and minimize the consequences of such force majeure. Upon resolving the cause, we will resume our obligations as soon as possible. Suppose our failure or delay is not remedied forty-five (45) consecutive days after our written notice in accordance with clause 12. In that case, we may terminate these Terms and Conditions by giving fifteen (15) days written notice.
13. CHANGES TO THE PLATFORM
The Platform is constantly being improved to ensure you have the best possible experience. Youacknowledge and agree that the Platform's form and nature may change from time to time without notice to you. We may add new features to the Platform at any time without notice, and we may change any part of the Platform without notice.
You confirm that you are 13 years of age or older. Children under 13 are not permitted to use the Platform. Under 13s are not eligible to use the Platform. The information we collect from children under 13 is not knowingly collected by us, nor is our content specifically targeted at children under 13. We must close your account if we find or have reason to believe you are under 13. There may be a different minimum age limit in other countries. If you are under the minimum age of consent in your country, you may not use the Platform.
15. Dispute Resolution; Binding Arbitration
In this section 15, you agree to waive your right to bring a claim in court. Any other rights you may have in court may also not be available or may be limited in arbitration. A jury trial is expressly waived by you.
You, as a result of this, expressly waive your right to participate as a member of any class action lawsuit, including, without limitation, class actions relating to such lawsuit.
- Binding Arbitration: Disputes arising out of or relating to this Agreement or concerning any specific legal matter shall be resolved by arbitration administered by JAMS following the Streamlined Arbitration Rules and Procedures and the JAMS Minimum Standards forConsumer Arbitration. This document's most recent version of the Rules is incorporated by reference from www.jamsadr.com/rules-download.
- Arbitration Fees: In this Agreement each arbitration you initiate, you will pay the filing fee (not to exceed $250 if you are a consumer), and we will pay theremainder of JAMS' fees and expenses. We will bear all JAMS fees and costs for any arbitration we initiate.
- Enforcement of Arbitration Award: Arbitrators' awards are binding and final and can be enforced by any court of competent jurisdiction. Either party will file no appeal.
- Other Remedies: Notwithstanding the preceding, we may seek and obtain injunctive relief in any court of competent jurisdiction. You agree that we may enforce these Terms by injunctive and other relief without proof of damages.
- You have the right to withdraw from binding arbitration within 30 days of the date you first agreed to the terms of this Section 15 by submitting a request to support. To be effective, the waiver must include your full name and address and clearly state that you wish to waive binding arbitration.
- if any part of this Section 15 is held to be unenforceable or illegal for any reason, (a) the unenforceable or illegal provision shall be excluded from these Terms; (b) the exclusion of the unenforceable or illegal provision shall not affect the remainder of this Section 15 or the ability of the parties to compel arbitration for any remaining claims individually under this Section 15. that any part of this Section 15 is construed to prohibit an individual claim requiring injunctive relief, such provision shall not operate to the extent that such relief can be obtained through arbitration, and the remainder of this Section shall continue in effect.
16. GENERAL PROVISIONS
- Third-Party Beneficiaries: Except as expressly provided in these Terms, no other person has any rights or remedies under these Terms.
- Interpretation: The wording of these Terms shall be construed in good faith and not strictly for or against any party.
- Severability: A severable provision of these Terms will remain valid and enforceable if any part of them is found to be invalid, illegal, void, or unenforceable.
- No Exception: We shall not be deemed to have waived any right or provision of these Terms and Conditions if we fail to exercise them or enforce them in the future. No waiver of any right or provision of these Terms and Conditions shall be effective unless in writing and signed on our behalf by a duly authorized representative.
- Notices: We may send you notices (including, without limitation, notices of changes to these Terms) by email or postings on the Platform. You agree that we may use that address to send you notices by providing us with your email address. Email notices are effective when they are sent, and postal mail notices are effective when they are mailed. You are responsible for updating your email address.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent, whether by operation of law or otherwise. A merger, acquisition, or sale of our business may assign our rights and obligations under these Terms to one of our affiliates. Neither party may assign these Terms or transfer them to any third party without the prior written consent of the other.
Term and condition validity:
- In the event that a term of these terms and conditions is deemed invalid according to law or regulation, that will not affect the validity of other terms. These terms will remain in full force and effect.
- There is no need to worry about terms and conditions that are considered inappropriate for a user with certain provisions impacting other users.
Contact us using the following methods: For questions about these Terms or the Services, please contact us at: email@example.com