Terms of Use

About Us

Race3 (we, our, and us), is an application/platform, which is currently running on the Polygon (Matic) Chain and uses smart contracts developed to enable users to own, transfer, race, and sell NFT cars and own, transfer, and sell other digital assets such as gear for cars, racing tracks, entrance tickets, etc. The Race3 game can be accessed through this website (race3portal.com) (our Website).

As we continue to better enhance your gaming experience, we are also looking to roll out mobile applications and other digital platforms in time. Our Website, mobile applications, and other digital platforms, as well as smart contracts (collectively, our Platforms), are or shall be owned and modified by us.

If you access our Platforms from such other locations, you do so on your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

In order to use our Platforms, you must not be included in any trade embargoes or economic sanctions lists.

Our Platforms are intended for users who are at least 18 years old. By using our Platforms and website, you warrant that you are 18 years of age or older, and have legal authority to enter into these Terms. No individuals under 18 years old are allowed to use our Platforms.
The information and content on our Platforms are 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 which would subject us to any registration requirement within such jurisdiction or country.

DISCLAIMER

BY ACCESSING AND/OR USING RACE3’S SERVICES AND ACCEPTING THESE TERMS OF USE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND CONSENT TO FOLLOW THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES.

Changes to these Terms of Use

We may make changes from time to time to these Terms of Use by amending this page. Please check this page regularly to stay informed of any changes we made, as they are binding on you.

The latest version of these Terms of Use will always be available on our Website. Any new version of these Terms of Use will take effect and govern the use of our Platforms and your relationship with us immediately upon the date of posting. By continuing to use our Platforms, you acknowledge, accept, and agree to be bound by the terms of these updates and amendments.

Changes to our Platforms

We may update our Platforms from time to time and may change the content at any time. However, please note that any of the content on our Platforms may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Platforms, or any content on it, will be free from errors or omissions.

Accessing our Platforms

Our Platforms are made available free of charge.

You must not use our Platforms for any illegal or unauthorized purpose.

You must not access our Platforms through automated and non-human means.

You are responsible for making all arrangements necessary for you to have access to our Platforms.

You are also responsible for ensuring that all persons who access our Platforms through your internet connection or device are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.

We do not represent that content available on or through our Platforms is appropriate or available in your locations. We may limit the availability of our Platforms or any service or product described on our Platforms to any person or geographic area at any time. If you choose to access our Platforms from your location, you do so at your own risk.

We do not guarantee that our Platforms, or any content on them, will always be available or be uninterrupted. Access to our Platforms is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Platforms without notice. We will not be liable to you if for any reason our Platforms are unavailable at any time or for any period.

Accounts and Passwords

If you choose, or you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat your password as confidential. You must not disclose it to any third party. You are responsible for all use of your account and password.

You represent and warrant that all registration information that you submit to us is true, accurate, current, and complete. You must maintain the accuracy of such information and promptly update such information as necessary. 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 our Platforms.

We have the right to remove, reclaim or change a username that you have selected if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We also have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use. We have the right to, and in our sole discretion and without notice or liability, delete your account for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or in any applicable law or regulation.

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 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.

You must only earn our tokens and other in-game rewards on a single account. You can not earn tokens or other rewards in two or more accounts. If found, your assets and in-game rewards will be banned.

If you are an owner of a Race3 NFT, you are responsible for the actions of any players appointed by you (i.e. scholars) who play on your behalf. You are also aware that your scholar’s actions may have consequences on any of your connected accounts.

If you know or suspect that anyone other than you know your password, you must promptly notify us at[email protected].

Our Privacy Policy

In addition to these Terms of Use, our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, also applies to your use of our Platforms.

Intellectual Property

Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our Platforms and in the material published on them, including but not limited to source codes, databases, functionalities, software, website designs, audio, video, texts, photographs, and graphics. Those works are protected by legislation such as copyright, designs, and trademark legislation and under international treaties and national laws worldwide.

All content on our Platforms is also either copyrighted or licensed for use by us.

Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged.

In general, all trademarks, logos, and service marks (collectively, trademarks) that appear on our Platforms are registered, unregistered, or otherwise protected by our trademarks or are licensed for use by us by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on our Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without our prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on our Platforms, or any other content on our Platforms, except as provided herein, is strictly prohibited.

You may print a copy and may download extracts, of any page(s) from our Website or our mobile application, or download our mobile application onto your mobile device, for your own non-commercial, educational, private, or domestic use only, and you may draw the attention of others within your organization to content posted on our Platforms, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

You are not authorized to, sell, reproduce, distribute, communicate, modify, display, publicly perform, report, or otherwise prepare derivative or second-hand works based on or use any part of the content on our Platforms in any way for any public or commercial purposes unless otherwise stated in these Terms of Use without obtaining a license to do so from us or our licensors. The content on our Platforms may also not be displayed or communicated by you on any other platform, in a networked computer environment, or on any other digital platform for any purpose whatsoever without a license to do so from us or our licensors. You are also not authorized to systematically retrieve data or other content from our Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

In the event of a breach of any of these Terms of Use, your permission to use our Platforms will automatically terminate and any copies made of any content on our Platforms must be immediately destroyed. Any unauthorized use of the content on our Platforms may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We grant you a limited, non-exclusive, non-transferable, revocable license to use Race3 Services (including any Virtual Content) solely for your personal entertainment and commercial purposes, provided that such use is subject to your compliance with these Terms. In the event that we delete your account, the effect of any license to use Race3 Services and any Virtual Content we have granted you shall immediately cease. Unless expressly permitted by us in a signed written agreement, you are not authorized to sell, copy, trade, lend, reverse engineer, decompile, extract source code, translate, rent, pledge, transfer, alienate, publish, assign, or otherwise distribute any of Race3 Services and any intellectual property of Race3, including any of our computer code or Virtual Content.

Fan Art

Provided that you own our NFT asset, you are granted a limited license to create fan art and merchandise from such NFT asset which can be used commercially given that you follow the terms hereunder:

Before creating any fan art, you must either own the NFT asset you are creating the fanart from or obtain permission from the owner of the NFT asset to do so;

The fan art must not use the original NFT asset. Your fan art must instead be a work unique and different from (but possibly inspired by) the original NFT asset; and

The fan art must clearly be displayed with the description “Race3 Fan Art”, a link to our Website (race3portal.com), and a link directly to the asset that is used as the inspiration for the fan art.

You may generate up to a maximum of US$10,000.00 in revenue from any of our NFTs.

Thereafter, an official license agreement must be signed with us. Such revenue may be derived from fan art (tokenized, digital or physical) or merchandise (t-shirts, mugs, hoodies, etc).

Limitation of Liability

We try to ensure that the information provided on our Platforms is accurate and complete. However, we do not warrant or represent that the content in our Platforms is accurate, error-free, or reliable or that use of our Platforms will not infringe the rights of third parties.

If you are a business user, please note that in particular, we will not be liable for any loss of profits, sales, the business itself, reputation, opportunities, revenue, or other business essentials.

If you are a consumer user, please note that we only provide our Platforms for domestic and private use. You agree not to use our Platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Platforms or use of or reliance on any content displayed on our Platforms.

Thereafter, an official license agreement must be signed with us. Such revenue may be derived from fan art (tokenized, digital or physical) or merchandise (t-shirts, mugs, hoodies, etc).

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platforms or to your downloading of any content on it, or on any website linked to it. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our Platforms or any content on it, whether express or implied.

You are solely responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any authority (collectively, Taxes) associated with your use of our Platforms (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or selling of any Race3 NFTs or other digital assets). Except for income taxes levied on us, you will pay or reimburse us for all national, federal, state, local, or other Taxes and assessments of any jurisdiction, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction and you shall not be entitled to deduct the amount of any such Taxes from payments made to us pursuant to these Terms of Use.

NFTs are intangible digital assets that exist only by virtue of the ownership record maintained on the Polygon (Matic) Chain network. Smart contracts are conducted and occur on the decentralized ledger within the network and any transactions that you engage in will be conducted solely through the blockchain via a digital wallet. We have no control over and we make no guarantees or promises with respect to the smart contracts nor do we have the ability to reverse any transactions. We are also not responsible for any losses arising in respect of the blockchains or any other features of the network or electronic wallet, such as any failure to make a timely report by the developers or representatives of any issues with the blockchain supporting the network, including forks, technical node issues, or any other issues. 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 our Platforms or any other transactions that you conduct via the Polygon (Matic) Chain network.

We will maintain certain data that you transmit to our Platforms for the purpose of managing the performance of our Platforms, as well as data relating to your use of our Platforms. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or which relate to any activity by you on our Platforms. 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.

We assume no responsibility for the content of websites linked on our Platforms. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

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 a third party.

You agree and acknowledge that we have made our Platforms available to you and entered into these Terms of Use in reliance on the terms therein, including these limitations of liability, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the cooperation between us. We would not be able to provide our Platforms to you without these limitations.

Assumption of Risks

You accept and acknowledge each of the following:

A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Race3 ecosystem, and therefore the potential utility or value of the NFTs.

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Race3 ecosystem and the potential utility or value of the NFTs.

Updates and patches to the Polygon (Matic) Chain network may have unintended, adverse effects on the NFTs.

The prices of blockchain assets are extremely volatile. Fluctuations in the prices of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. We cannot guarantee that you will not lose money.

We do not store, send, or receive NFTs on our Platforms. This is because the NFTs exist only by virtue of the ownership record maintained on the supporting blockchain on the Polygon (Matic) Chain network. Any transfer of NFTs occurs only on the network.

There are risks associated with using internet-based and digital assets, including, but not limited to, the risk of hardware, software, and Internet connection issues, the introduction of viruses and malicious software, unauthorized access by third parties to the information stored in your digital wallet, etc. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Polygon (Matic) Chain network.

You are solely responsible for determining whether and which Taxes apply to your transactions.

Uploading Content to our Platforms

Whenever you make use of a feature that allows you to upload any content, questions, comments, suggestions, ideas, feedback, or other information regarding our Platforms (Submissions) to our Platforms, or to make contact with other users of our Platforms, you must comply with the content standards set out in these Terms of Use. You warrant that any such Submissions comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited license to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platforms constitutes a violation of their intellectual property rights or of their right to privacy.

You are solely responsible for securing and backing up your content.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Platforms.

We have the right to remove any posting you make on our Platforms if, in our opinion, your post does not comply with the content standards set out in these Terms of Use.

The views expressed by other users on our Platforms do not represent our views or values.

Viruses

We do not guarantee that our Platforms will be secure or free from bugs or viruses.

You are responsible for configuring your device, information technology, computer programs, and platform in order to access our Platforms. You should use your own virus protection software.

You must not misuse our Platforms by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Platforms, the servers on which our Platforms are stored or any server, computer, or database connected to our Platforms. You must not attack our Platforms via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platforms will cease immediately.

No Reliance on Information

The content on our Platforms is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platforms.

We make reasonable efforts to update the information on our Platforms, we make no representations, warranties, or guarantees, whether expressed or implied, that the content on our Platforms is accurate, complete, or up-to-date.

Prohibited Use

You must not access or use our Platforms for any purpose other than that for which we make our Platforms available. You must also not use our Platforms in connection with any commercial endeavors, except if we have expressed agreement to allow you to do so in a contract with us.

Specifically, you must not, without our written permission, do any of the following:

Interfere with, disrupt, or create an undue burden on our Platforms or the networks or services connected to our Platforms;

Make any unauthorized use of our Platforms, such as collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

Attempt to impersonate another user or person or use the username of another user;

Upload or transmit (or attempt to upload or to transmit) viruses, Trojans, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Platforms or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Platforms;

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Platforms, or using or launching any unauthorized script or other software;

Use any information obtained from our Platforms to harass, abuse, or harm another person;

Sell or otherwise transfer your profile;

Use a buying agent or purchasing agent to make purchases on our Platforms;

Systematically retrieve data or other content from our Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory;

Circumvent, disable, or otherwise interfere with security-related features of our Platforms, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Platforms and/or the content contained therein;

Attempt to bypass any measures of the Site designed to prevent or restrict access to our Platforms, or any portion of our Platforms;

Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as users’ account details and passwords;

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Platforms;

Delete the copyright or other proprietary rights notice from any content in our Platforms;

Copy or adapt our Platforms’ software;

Use our Platforms as part of any effort to compete with us or otherwise use our Platforms and/or their content for any revenue-generating endeavor or commercial enterprise;

Make improper use of our support services or submit false reports of abuse or misconduct;

Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Platforms to you;

Use our Platforms to advertise or offer to sell unauthorized goods and services;

Engage in unauthorized framing of or linking to our Platforms;

Use our Platforms in a manner inconsistent with any applicable laws or regulations.

Linking to our Platforms

You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website to which you are linking must comply in all respects with the content standards set out in these Terms of Use.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

If you wish to make any use of the content on our Platforms other than that set out above, please contact https://race3portal.com/[email protected].

Third-Party Links and Resources in our Platforms

Where our Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

We may also allow third parties to display their advertisements and other information on the Website. We simply provide the space to place such advertisements, and we have no other relationship with these third-party advertisers. The inclusion of advertisements does not imply endorsement by us of the subject matter of the advertisements. We have not reviewed the contents of the advertisements and we are not responsible for the content or accuracy of any such advertisements. If you choose to click the advertisement link to off-site pages or third-party sites then this is deemed to be done at your own risk.

The inclusion of any link to such third-party sites does not imply endorsement by us of those sites. We have not reviewed all of the content contained in the linked sites and we are not responsible for the content or accuracy of any off-site pages or any other sites linked to our Platforms. If you choose to click through any link to off-site pages or third-party sites then this is deemed to be done at your own risk.

Termination and Suspension

We may terminate, block or suspend your access to and use of our Platforms if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated our rights, our affiliated companies, or any third-party, with or without notice to you. You agree that we may modify or discontinue providing access to our Platforms, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of our Liability” and “General Provisions” will survive termination of these Terms of Use.

General Provisions

We make no representation that the content on our Platforms is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to our Platforms may not be legal by certain persons or in certain countries.

These Terms of Use constitute the entire agreement between you and us in relation to the use of our Platforms and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

If any provision, or part thereof, of these Terms of Use, is found to be illegal, invalid, or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity, or enforceability of the remainder of the provisions of these Terms of Use shall not be affected unless otherwise required by operation of applicable law.

Contact Us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at
https://race3portal.com/[email protected]