Terms of Service

Last modified: October 4 2024

Please read these Metacade LLC Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at tournaments.metacade.co (the “Site”) and gaming platform, distribution, or other services accessible via the Site offered by Metacade LLC (“Metacade,” “we” or “us”). To make these Terms easier to read, the Site and the services accessible via the Site are collectively called the “Services.”

NOTICE ON PROHIBITED USE – RESTRICTED PERSONS:
BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE NOT A PERSON OR ENTITY WHO IS SUBJECT TO LEGAL RESTRICTIONS UNDER APPLICABLE LAW IN YOUR JURISDICTION.

IF YOU ARE SUBJECT TO SUCH RESTRICTIONS, YOU SHALL NOT ATTEMPT TO USE THE SERVICES, WHETHER DIRECTLY OR BY USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH IN THESE TERMS.

IMPORTANT NOTICE REGARDING ARBITRATION:
WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Metacade LLC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 18 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 17 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.

Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services?

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Metacade LLC, and not otherwise barred from using the Services under applicable law.

You represent and warrant that you will comply with all applicable laws when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to any legal restrictions; and (b) you are not listed on any list of prohibited, sanctioned, or restricted parties. You represent and warrant that you do not and shall not use VPN software or any other privacy or anonymisation tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services or these Terms. We reserve the right, but have no obligation, to monitor the locations from which our Services are accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses, and unique device identifiers, or to any user who we believe is in breach of these Terms.

Intellectual Property

Metacade LLC and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of various countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Metacade LLC may make available through the Services content that is subject to intellectual property rights, and we retain all rights to that content. We hereby grant you a limited, revocable, nontransferable, non-sublicensable license to access and use the Services as contemplated in these Terms. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it or allow others to use it without any restriction or compensation to you.

Terms Specific to Certain Features

Terms for Players

Account:
To access certain features of the Services, a Player will need a tournaments.metacade.co account. Players shall provide Metacade LLC with accurate, complete, and current account information and keep this information up to date. Each Player is responsible for all activities that occur under their account.

Wallet and Rewards:
If you do not have a Wallet, you may follow the steps within the Services to download a Wallet and connect the Wallet to the Services. Wallets are third-party products and Metacade LLC is not responsible in any manner for their performance or non-performance. Without limitation, you are solely responsible for maintaining the security of your Wallet, including any associated credentials, private key, and seed phrase.

Transactions:
While the Services may be used in connection with payments and similar transactions to mint, receive, or distribute Rewards (“Transactions”), Metacade LLC does not initiate or process Transactions. You bear the risk of all such Transactions and are solely responsible for your interactions with the Services.

Fees:
You agree to pay any applicable fees, including Gas Fees and hosting fees, in connection with transactions on the Site. “Gas Fees” refer to the fees that fund the network of computers that run the decentralised blockchain network, meaning that you will need to pay a Gas Fee for each transaction that occurs via the blockchain network.

Taxes:
You are solely responsible for all costs incurred by you in using the Services and for determining, collecting, reporting, and paying all applicable Taxes that you may be required by law to collect and remit to any governmental or regulatory agencies.

Dispute Resolution

Mandatory Arbitration of Disputes:
We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services will be resolved solely by binding, individual arbitration. This arbitration provision shall survive termination of these Terms.

Contact Information
If you have any questions about these Terms or the Services, please contact Metacade LLC at [email protected].