Website Terms of Service

Last Updated: 25 January 2024

Acceptance of Terms
1. By accessing or using our website, game and its associated services (the "Website"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please refrain from using the Website.
2. This website is owned and operated by Metarush (hereafter referred to as 'Metarush', 'us', 'we' and 'our'). We provide services to facilitate gameplay with digital assets (the "Services"). If you use our Services, you agree to all Terms of Service and Use made available on the Website.
Age Restriction
1. The Website is intended for individuals who are at least 18, and you confirm that you meet this age requirement to access and use the Website. If you are under 18, please cease using the Website immediately.
User Accounts
1. Registration: In order to access some features available on Metarush, you will have to create an account (User Account). You may not use another person's account. You may terminate your account at any time, for any reason, by following any such instructions within the Website, or by contacting us. If your account is terminated, you may lose the assets in your account if you do not contact us. By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
2. Account security: You are responsible for maintaining the security and confidentiality of your account credentials. Any activity that occurs under your account is your sole responsibility. Each time you use a password or identification, you will be deemed to be authorized to access and use the Interface in a manner consistent with these Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Website enabled through your User Account. You will be solely responsible for all access to and use of the Interface by anyone using the password and identification originally assigned to you whether or not such access to and use of this Interface is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Interface's security.
3. Suspension or Termination: We reserve the right to suspend or terminate your account at our discretion, with or without notice, if we suspect any violation of these Terms or any fraudulent or unauthorized activity.
Ownership and User of Digital Assets
1. Digital Assets: The Game may incorporate blockchain technology and digital assets such as non-fungible tokens (NFTs). You acknowledge that these digital assets are owned by you and stored on the blockchain.
2. License: By using the Game, you are granted a non-exclusive, limited, revocable license to use and enjoy the digital assets within the Game's ecosystem, subject to these Terms.
Proper Use and Prohibited Activities
1. You must only use the Website and our Services for lawful purposes. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable.
2. You agree not to engage in any of the following activities while using the Website:
  1. Reserve engineering: Reverse engineering the code contained in the Website or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to our Website any material which we have not authorized including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
  2. Damage, disrupt, interfere with or misuse the Website, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Website;
  3. Launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Website; or
  4. Use any device, software or routine intended to damage or interfere with the proper working of the Website or to intercept or sequester any system, data, images or other multimedia elements from the Website.
  5. Cheating or exploitation: Using cheats, exploits or any unauthorized means to gain an unfair advantage
  6. Harassment: Engaging in harassment, discrimination or abusive behavior towards other users.
  7. Fraudulent Activity: Participating in fraudulent transactions or activities on your account
  8. Violations of Laws: Violating any applicable laws or regulations in your jurisdiction.
Privacy

Our Privacy Policy, which is incorporated by reference, explains how we collect, use, and disclose your personal information. By using the Game, you consent to the practices outlined in the Privacy Policy.
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY & INDEMNITY

WE ASK THAT YOU PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS METARUSH'S LIABILITY TO YOU.
1. BY USING THE WEBSITE AND ACCESSING/CONSUMING THE METARUSH SERVICES (DEFINED IN THESE TERMS ABOVE AND WHICH INCLUDES THE PURCHASE OFDIGITAL AND PHYSICAL GOODS), YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE WEBSITE AND METARUSH SERVICES ON AN "ASIS," "AS AVAILABLE," AND "WITH ALL DEFAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
2. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, METARUSH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, METARUSH MAKES NO CLAIM, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY:
  1. FOR YOUR USE OF OUR WEBSITE;
  2. FOR THE INFORMATION, PRODUCTS AND/OR MATERIALS CONTAINED ON OR ACCESSED VIA OUR WEBSITE, INCLUDING IN PARTICULAR OUR WEBSITE;
  3. AS A RESULT OF THE INACCESSIBILITY OF OUR WEBSITE OR THE FACT THAT CERTAIN INFORMATION OR MATERIALS CONTAINED ON/WITHIN THE WEBSITE ARE INCORRECT, INCOMPLETE, INSECURE, UNSTABLE, UNRELIABLE OR NOT UP-TO-DATE;
  4. FOR PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND ANYTHING ELSE PROVIDED BY A THIRD PARTY (INCLUDING BUT NOT LIMITED TO THIRD-PARTY SOFTWARE) THAT IS ACCESSIBLE TO YOU THROUGH THE WEBSITE;
  5. FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES (INCLUDING MALICIOUS ACTORS THAT MAY EXPLOIT ANY PART OF THE WEBSITE, OR YOUR TRANSACTIONS OR ANY OTHER INTERACTION WITH ANY SUCH THIRD PARTIES OR THIRD-PARTY SOFTWARE;
  6. FOR THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE WEBSITE;
  7. FOR ANY RELATED FAILURES, RISKS, OR UNCERTAINTIES ASSOCIATED WITH THE ETHEREUM BLOCKCHAIN SUCH AS FORKS, TECHNICAL NODE ISSUES, REPUDIATED TRANSACTIONS, MIGRATIONS AND UPDATES OR ANY OTHER ISSUES CAUSING LOSSES;
  8. FOR USER ERROR SUCH AS FORGOTTEN PASSWORDS OR SEED PHRASES AND YOUR STANDARDS OF PERSONAL SECURITY THAT MEAN YOU LOSE CONTROL OF YOUR WALLET (E.G. METAMASK WALLET) AND/OR THE TOKENS OR DIGITAL ASSETS DISPLAYED THEREIN,
  9. AND YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, METARUSH AND ITS AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS AND ANY OTHER FORM OF ECONOMIC LOSS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OF THE METARUSH SERVICES.
4. OUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND METARUSH SERVICES IS TO CEASE USE OF THE WEBSITE AND THE METARUSH SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. TO THE EXTENT THAT ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, METARUSH'S (AND ITS AFFILIATES') LIABILITY FOR DAMAGES UNDER THESE TERMS SHALL IN ALL CASES BE LIMITED TO, AND UNDER NO CIRCUMSTANCES SHALL EXCEED:
  1. IN THE CASE OF DIGITAL GOODS - TOKEN PURCHASES AT FIRST INSTANCE), THE NUMBER OF TOKENS AT ISSUE OR THE RELEVANT FIAT OR DIGITAL CURRENCY EQUIVALENT OF THE NUMBER OF TOKENS AT ISSUE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF METARUSH (AS CONVERTED INTO THE RELEVANT TOKEN UNITS OR DIGITAL OR FIAT CURRENCY, AS APPLICABLE);
  2. IN THE CASE OF DIGITAL GOODS - NFT PURCHASES, THE RELEVANT FIAT OR DIGITAL CURRENCY PRICE PAID FOR THE NFT PURCHASE AT FIRST INSTANCE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF METARUSH (AS CONVERTED INTO THE RELEVANT TOKEN UNITS OR FIAT OR DIGITAL CURRENCY, AS APPLICABLE);
  3. IN THE CASE OF PHYSICAL GOODS, THE RELEVANT PRICE DENOMINATED IN FIAT CURRENCY OR UNITS OF CRYPTO-TOKENS PAID FOR THE GOODS AT FIRST INSTANCE, AFTER DEDUCTING ALL COSTS, FEES AND LIABILITIES INCURRED BY OR ON BEHALF OF METARUSH (AS CONVERTED INTO THE RELEVANT FIAT CURRENCY OR CRYPTO-TOKEN UNITS, AS APPLICABLE).
5. THE RELEVANT TIME JUNCTURE FOR DETERMINING THE CONVERSION RATE FOR THE CAPPED QUANTUM OF RECOVERY AVAILABLE TO YOU UNDER CLAUSE 4.7.4 IS AT THE TIME OF PURCHASE.
6. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS METARUSH, ITS MEMBERS, CONTRIBUTORS, AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, CONTRIBUTORS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING:
  1. TO YOUR VIOLATION OF THESE TERMS OR USE OF THE WEBSITE AND ANY OF ITS FEATURES, USE OF CONTENT OBTAINED FROM THE WEBSITE OR ANY OF OUR SOCIAL MEDIA, PRINT OR DIGITAL PUBLICATIONS;
  2. ONLY TO THE EXTENT THAT WE CANNOT LIMIT OR EXCLUDE OUR LIABILITY UNDER APPLICABLE LAWS, TO:
  3. YOUR USE OF OR RELIANCE ON THE CONTENT, OR OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY OF OUR SOCIAL MEDIA, PRINT OR DIGITAL PUBLICATIONS;
  4. TO ANY OTHER PARTIES ACCESS AND USE OF THE WEBSITE OR CONTENT WITH YOUR ASSISTANCE OR BY USING ANY DEVICE OR ACCOUNT THAT YOU OWN OR CONTROL.
Reserved Rights

We reserve the right to restrict, suspend or terminate without notice your access to our Website, and all or any one of or any part of Metarush's activities, any Content, or any other feature of the aforementioned at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Governing Law

These Terms and your use of the Website shall be governed by the laws of the Cayman Islands.
Changes to Terms

We reserve the right to modify or update these Terms at any time. Continued use of the Website after such changes constitute acceptance of the revised Terms.
Severability

Each provision of these Terms is individually severable. If a clause or part of a clause of these Terms can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.