> For the complete documentation index, see [llms.txt](https://summonersarenachina.gitbook.io/summoners-arena-zhong-wen-bai-pi-shu/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://summonersarenachina.gitbook.io/summoners-arena-zhong-wen-bai-pi-shu/mian-ze-sheng-ming/shi-yong-tiao-kuan.md).
# 使用条款
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and Summoners Arena Limited (“we", “us", or “our") concerning your download, access and/or use of Summoners Arena, whether on your computer, on a mobile device, any other website, device or platform (each a "Game" and together the "Games"). These terms also apply to any other services that we may provide in relation to the Games or the use of the [www.summonersarena.io](http://www.summonersarena.io/) website, such as customer support, social media, community channels and other websites that we may operate from time to time. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services. Summoners Arena is a distributed application that is currently running on the Binance Smart Chain (the "Blockchain"), using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own, transfer, battle, and summon unique digital heroes. It also enables users to own and transfer other digital assets like items, guilds and lands. These assets can then be visualised on a website that the user can interact with (the "Site"). The Smart Contracts and the Site 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 summon heroes with other App users.
WE ARE ONLY WILLING TO MAKE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY OTHER OFFICIAL SUMMONERS ARENA PRODUCT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OR ANY FUTURE UPDATED VERSION OF THEM THEN YOU MUST NOT ACCESS AND/OR USE, AND MUST CEASE ALL ACCESS AND/OR USE OF, ANY OF OUR SERVICES. IF WE REQUIRE THAT ANY FUTURE UPDATE TO THESE TERMS REQUIRES ANY ACTION FROM YOU IN ORDER TO ACCEPT THE UPDATES TERM, THEN YOU MAY NOT BE ABLE TO CONTINUE TO USE THE SERVICES UNTIL YOU HAVE TAKEN SUCH ACTION.
These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store), on any website or platform where you can play our Games such as[ www.facebook.com](http://www.facebook.com/). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy.
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 at any time, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
For use of the Site, the App and the Smart Contracts, you agree that you are at least 18 years old and that if you are under 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Site.
### **1. INTELLECTUAL PROPERTY RIGHTS**
Unless otherwise indicated, the Site and the App and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the Apps (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licenced to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the British Virgin Islands (“BVI”), foreign jurisdiction and international conventions.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Site, the App and the Smart Contracts (other than Content which is contributed and owned by players) is owned by or licenced to us.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use the Site, the App and the Smart Contracts (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Site and the App for anything else. These terms also apply to any update or patches which we may release or make available for any of the Site, the App and the Smart Contracts and any such update or patch shall be deemed part of the Site, the App and the Smart Contracts for the purposes of these terms.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENCE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS. You must not copy, distribute, make available to the public or create any derivative work from the Site, the App and the Smart Contracts or any part of them unless we have first agreed to this in writing.
### **2. USER REPRESENTATIONS**
By using the Site, the App and the Smart Contracts, you represent and warrant that: (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; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site, the App and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise. (6) you will not use the Site, the App, and the Smart Contracts for any illegal and unauthorised purpose; and (7) your use of the Site, the App, and the Smart Contracts will not violate any applicable law or regulation. 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 Site, the App, and the Smart Contracts (or any portion thereof). (8) you (a human being) will only use one in-game account to earn tokens in any 24-hour period.
You must comply with the laws that apply to you in the location that you access the Site, the App and the Smart Contracts from. If any laws applicable to you restrict or prohibit you from using the Site, the App and the Smart Contracts, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Site, the App and the Smart Contracts.
You promise that all the information you provide to us on accessing and/or using the Site, the App and the Smart Contracts is and shall remain true, accurate and complete at all times.
### **3. USER REGISTRATION**
You may be required to register with the Site, the App, and the Smart Contracts. 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.
### **4. PROHIBITED ACTIVITIES**
You may not access or use the Site, the App, and the Smart Contracts for any purpose other than that for which we make the Site, the App, and the Smart Contracts available. The Site, the App, and the Smart Contracts may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with Summoners Arena Limited.
Information, data, software, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via the Site, the App and the Smart Contracts by you or another user (“Content”). You understand and agree that all Content that you may be sent when using the Site, the App and the Smart Contracts, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via the Site, the App and the Smart Contracts.
You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use the Site, the App and the Smart Contracts in any way:
* that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
* that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
* that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
* which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
* which infringes any intellectual property right or other proprietary right of others;
* which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
* which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree that you will not:
* use the Site, the App and the Smart Contracts to harm anyone or to cause offence to or harass any person;
* create more than one account per platform to access the Site, the App and the Smart Contracts;
* use another person or entity’s email address in order to sign up to use the Site, the App and the Smart Contracts;
* use the Site, the App and the Smart Contracts for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
* disguise, anonymise or hide your IP address or the source of any Content that you may upload;
* use the Site, the App and the Smart Contracts for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
* remove or amend any proprietary notices or other ownership information from our Games or any other part of the Site, the App and the Smart Contracts;
* interfere with or disrupt the Site, the App and the Smart Contracts or servers or networks that provide the Site, the App and the Smart Contracts;
* attempt to decompile, reverse engineer, disassemble or hack any of the Site, the App and the Smart Contracts, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
* 'harvest', 'scrape' or collect any information about or regarding other people that use the Site, the App and the Smart Contracts, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
* sell, transfer or try to sell or transfer an account with us or any part of an account;
* disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
* disobey any requirements or regulations of any network connected to the Site, the App and the Smart Contracts;
* use the Site, the App and the Smart Contracts in violation of any applicable law or regulation;
* use the Site, the App and the Smart Contracts to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, the Site, the App and the Smart Contracts, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
* use the Site, the App and the Smart Contracts in any other way not permitted by these terms.
We do not control Content posted on the Site, the App and the Smart Contracts by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using the Site, the App and the Smart Contracts, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via the Site, the App and the Smart Contracts.
### **5. FEE AND PAYMENT**
Any purchases (summoning heroes, buying heroes) from the site or marketplace will be done through smart contracts on a blockchain using a wallet like Metamask. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet like MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the App or using the Smart Contracts, or any other transactions that you conduct via the Binance Smart Chain network.
### **6. SUBMISSION**
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the App and the Smart Contracts (“Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
### **7. THIRD-PARTY WEBSITE AND CONTENT**
The Site and/or the App (or you may be sent via the Site and/or the App) 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 Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App, 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 Site and/or the App 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 of Use 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 Site and/or the App or relating to any applications you use or install from the Site and/or the App. 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.
### **8. ADVERTISER**
We allow advertisers to display their advertisements and other information in certain areas of the Site and the App such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the App, and any services provided on the Site and/or the App, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
### **9. TERMINATION**
These Terms of Use remain in full force and effect while you use the Site, the App and the Smart Contracts. 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 SITE, THE APP AND THE SMART CONTRACT (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 SITE, THE APP AND THE SMART CONTRACT OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN 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.
### **10. GOVERNING LAW**
This Terms of Use and your use of the Site, the App, and the Smart Contracts are governed by and constructed in accordance with the laws of the British Virgin Islands (“BVI”) applicable to agreements made and to be entirely performed in the British Virgin Islands (“BVI”), without regard to its conflicts of law principles.
### **11. DISPUTE RESOLUTION**
11.1 Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
11.2 Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website [www.adr.org](http://www.adr.org). Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AA rules or applicable law, the arbitration can take place in the British Virgin Islands (“BVI”). Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the British Virgin Islands (“BVI”), and the Parties hereby consent to and waive all defences of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site, the App and the Smart Contracts be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
11.3 Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
### **12. DISCLAIMERS**
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS 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 SITE, THE APP AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, 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 SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS 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 BINANCE SMART CHAIN NETWORK AND THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORISED 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, THE BINANCE SMART CHAIN NETWORK, OR THE METAMASK ELECTRONIC WALLET.
SUMMONERS ARENA LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. SUMMONERS ARENA IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BINANCE SMART CHAIN NETWORK, AND THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE BINANCE SMART CHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
### **13. 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 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 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 DOLLAR.
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.
### **14. 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 Heroes, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Heroes will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your Heroes-related transactions. Summoners Arena 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 Heroes. This is because Heroes exist only by virtue of the ownership record maintained on the App’s supporting blockchain on the Binance Smart Chain network. Any transfer of Heroes occurs only on the Binance Smart Chain 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 unauthorised access to information stored within your wallet. You accept and acknowledge that Summoners Arena will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Binance Smart Chain network, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Summoners Arena ecosystem, and therefore the potential utility or value of Heroes.
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 Summoners Arena ecosystem, and therefore the potential utility or value of Heroes.
### **15. 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 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 defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence 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.
### **16. USER DATA**
We will maintain certain data that you transmit to the Site, the App and the Smart Contracts for the purpose of managing the performance of the Site, the App and the Smart Contracts, as well as data relating to your use 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 undertaken 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.
### **17. 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 Use 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 of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Use 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 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 defences 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.