Terms of Use

Last Updated : 19th Dec 2021

Metafire is a distributed gaming application that runs on the Binance Smart Chain (BSC) BEP20. You are able to earn, purchase, transfer and trade unique Metafire tokens via Smart Contract, which can then be visualized and interacted with on the Site, App and Metafire Ecosystem. The Smart Contracts and the Site “TheMetafire.com” are collectively referred to in these Terms as the “App”. Using the App, users can view their assets and use the Smart Contracts to acquire, trade, battle, and breed creatures with other App users.

ACCEPTANCE

Metafire and any services available within the application (the App) is operated by Metafire PTE LTD. (we, our or us). It is available at: TheMetafire.com and may be available through other addresses or channels. By creating an Account and/or using the App you warrant to us that you have reviewed these Terms and Conditions, including our Privacy Policy (available on the Site) (Terms), with your parent or legal guardian (if you are under 18 years old), and you understand them; warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and agree to use the Site in accordance with the Terms.

Please read the Terms carefully and immediately cease using the Site if you do not agree to them. You must not create an account and/or place an order for products through the Site unless you are at least 13 years old. If you are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to create an account and/or use the Site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

Supplemental terms and conditions or documents that may be posted on the Site, the App, and the Smart Contracts 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 of Use at any time and for any reason. We will alert you of any changes by updating the “Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site, the App, and the Smart Contracts after the date such revised Terms of Use are posted.

The information on the Site, the App, and the Smart Contracts is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where we would be required to register in such jurisdiction or country. Accordingly, those persons who choose to access the Site and/or the App from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent local laws are applicable.

USER REGISTRATION

You are required to create an account in order to use the App and the Site (Account). You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date. In order to use the App and the Site, you will be required to provide your wallet address when creating your Account. 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.

USING THE APP

We grant you a non-exclusive, non-transferable (except with our written permission), non-sublicensable (except as otherwise permitted under these Terms), personal and revocable li to access and use the services available on the App and the Site. Transactions that take place on the App are managed and confirmed via the Binance Smart Chain blockchain. You understand that your wallet address will be made publicly visible whenever you engage in a transaction on the App. You may be required to download, install or use third-party services (such as MetaMask, Coinbase, Google Chrome and the network) Binance Smart Chain in order to use the App or Site, as set out on the Site. You acknowledge and agree that you may not be able to use all features of the App in the event that you do not use these third-party services.

PROHIBITED BEHAVIOURS

You agree not to, or to authorise any third party on your behalf to, interact in the App in a manner that is contrary to any rules or guidelines we may impose from time to time, or in a way that we determine, in our absolute discretion, to be cheating, farming, or otherwise acting in a manner that may negatively impact the enjoyment of others in connection with the App. This includes, without limitation, using third party software (by injecting the software into the App or otherwise) to give you or another use an unfair advantage, or to automate aspects of gameplay, creating and using multiple Accounts, sharing your Account, participating in win trading with other users and otherwise acting contrary to the spirit of the App. For clarity, acting contrary to this clause will be considered a material breach of these Terms and may result in suspension and/or termination as set out below.

PURCHASING ITEMS

You may purchase Items from us as set out on the Site and the App. Any purchase from us through the Site or the App is an offer by you to purchase the relevant Item for the price notified (including any charges and taxes) at the time you purchase the Metafire Tokens. The probabilities of receiving a particular rarity and version are defined by the smart contract and are roughly described in that pack’s Buyer’s Guide. The exact numbers of these are transparent and available in our smart contracts. The transaction for the purchase is managed by specially-developed smart contracts. For clarity, we do not have the ability to manipulate or influence the creation process or the transaction. Each purchase results in a separate binding agreement between you and us for the supply of the Item in accordance with the Terms. It is your responsibility to check the purchase details, including selected Items and pricing, before you place a transaction through the Site. When you purchase an Item and your transaction has completed the smart contract process, we will provide you with transaction details, which may include an order number, an order ID, the wallet address and a description of what was ordered.

COMMUNICATION

The App may facilitate a Discord communication server, in-game communication, and other forums on which you are able to communicate with other App participants. We propose that you limit your discussions to topics that are relevant to the App. You acknowledge and agree that you are not permitted to send any communication which contains foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks. We reserve the right to remove any communication which we, in our sole discretion, deem to be inappropriate, and prevent you from further participating in the communication methods outlined above.

RESTRICTIONS

You must not access or use the App except as permitted by these Terms and you must not and must not permit any other person to: use the App in any way which is in breach of any applicable Laws or which infringes any person's rights, including Intellectual Property rights; use the App to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; use the App in any way that damages, interferes with or interrupts the supply of the App; introduce malicious programs into our hardware and software, including viruses, worms, trojan horses and e-mail bombs; use the App to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes); use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the App; or to send any form of harassment via email, or any other form of messaging (such as the messaging features within the App), whether through language, frequency, or size of messages or use the App in breach of any person’s privacy (such as by way of identity theft or “phishing”). Items are only to be earned, purchased, or sold for the purpose of genuinely interacting with the App. You must not obtain or sell Items for investment purposes.

USER DATA

Certain data, including your data use of the Site, the App, and the Smart Contracts, will be kept for us to manage the performance of the Site, the App, and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have performed using the Site, the App, and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

THIRD-PARTY WEBSITE AND CONTENT

You acknowledge and agree that: the provision of the App may be contingent on, or impacted by, third parties, other customers’ use of our services, suppliers, other subcontractors (Third Party Inputs); and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs. For clarity, Third Party Inputs may include Metamask, Coinbase, Google Chrome and the others network. This clause will survive the termination or expiry of these Terms. Intellectual Property Rights Our Intellectual Property All Intellectual Property in the App and that Intellectual Property developed, adapted, modified or created by us or our Personnel (including in connection with these Terms) is and will remain owned exclusively by us or our third-party service providers. You must not, without our prior written consent: copy or use, in whole or in part, any of our Intellectual Property; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party; reverse assemble, reverse engineer, reverse compile or enhance the App; breach any Intellectual Property Rights connected with the App, including altering or modifying any of our Intellectual Property; cause any of any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property; resell, assign, transfer, distribute or make available the App to third parties; “frame”, “mirror” or serve any of the App on any web server or other computer server over the Internet or any other network; alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the App or Site; Notwithstanding anything to the contrary in these Terms or elsewhere, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the App or Site, in an aggregated and anonymized format (Analytics). You agree that we may make such Analytics publicly available, provided that it: does not contain identifying information; is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics, including all Intellectual Property rights in the foregoing.

INTELLECTUAL PROPERTY RIGHTS

As between you and us, (i) all Data is and remains your property, and (ii) you retain any and all rights, title and interest in and to the Data, including all copies, modifications, extensions and derivative works thereof. Licence: You grant us a limited licence to copy, transmit, store and back-up or otherwise access the Data during the Term solely to: supply the App; diagnose problems with the App; enhance and otherwise modify the App; develop other services, provided we de-identify the Data; and as reasonably required to perform our obligations under these Terms. General: You must, at all times, ensure the integrity of the Data and that your use of the Data is compliant with all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in these Terms; and (ii) the Data and its transfer to and use by us, as authorized by you under these Terms do not violate any Laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized in these Terms is not inconsistent with the terms of any applicable privacy policies. We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it. This clause will survive termination or expiry of these Terms.

TERMINATION

You may terminate these Terms at any time by canceling your Account and ceasing to use the App. If you breach these Terms, we may immediately suspend access to your Account. You will have an opportunity to appeal the suspension by contacting us. We may also terminate these Terms if you have breached a material term of these Terms and have failed to remedy such breach within 3 Business Days of receiving notice to do so, subject to any other express right of termination. On termination of these Terms, you may no longer have access to the App and information that you have posted to the App or in relation to your Account (including any Items). The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms. This clause will survive termination or expiry of these Terms.

LIMITATION OF LIABILITY

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 have, including, but not limited to, any loss of profits (both directly and 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 site, the app, and the smart contracts, 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 dollars.

You agree and acknowledge that we have made the Site, the App, and the Smart 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 Site, the App, and the Smart Contracts 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.

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 Metafire Token, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Metafire Token will not lose money.

B. You are solely responsible for determining what, if any, taxes apply to your Metafire-related transactions. Metafire is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.

C. The App does not store, send, or receive Metafire Token. This is because Metafire Token exists only by virtue of the ownership record maintained on the App’s supporting blockchain on the Ronin network. Any transfer of Metafire Token occurs only on the Ronin network.

D. 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 Metafire will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ronin network caused.

E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Metafire ecosystem, and therefore the potential utility or value of Metafire Token.

F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Metafire ecosystem, and therefore the potential utility or value of Metafire Token.

INDEMNIFICATION

You agree to indemnify and defend us, including our affiliates and respective directors, officers, and personnel from and against all losses, costs, damages, expenses, and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by Third-Party arising out of or as a result of or relating in any manner to a claim relating to:

(1) use of the Site,

(2) breach of these Terms of Use,

(3) any breach of your representations and warranties set forth in these Terms of Use,

(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 Site, the App, and the Smart Contracts with whom you connected via the Site, the App, and the Smart Contracts.

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.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site, the App and the Smart Contracts, or in respect to the Site, the App and the Smart Contracts constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Service apply to the fullest extent allowed by law. At any time, we may assign some or all of our rights and responsibilities to others. Any loss, damage, delay, or failure to act caused by a cause beyond our reasonable control is not our responsibility or liability. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use 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 of Use and the lack of signing by the parties hereto to execute these Terms of Use.