Terms & Conditions
Last updated: Jan 24, 2023
Please read and accept these Terms and Conditions before completing your submission of information and account registration with AMT Games AG.
RECITALS
Warfare Heroes website available at the URL https://warfareheroes.com/ is the property of AMT Games AG, a company established and operating under the legislation of Switzerland (reg. number: CH-120.3.000.374-3), with its registered office at Axenstrasse 22, 6454 Flüelen, Switzerland.
The Website is hosted by AMT Games AG, located at Axenstrasse 22, 6454 Flüelen, Switzerland. Contact: warfare.heroes@amt-games.com.
These Terms and Conditions govern relations between the Company and Users pertaining to the use of the AMT Games Ecosystem, including, without limitation, Games and the Website.
(a) Warfare Heroes is a distributed application that currently runs on the Binance Smart Chain using specially-developed smart contracts to enable Users to own, transfer, battle, and recruit unique digital Game Items. Using Warfare Heroes Website the Users can view her/his assets and acquire, trade, battle, and recruit Game Items with other Website Users;
(b) The User wishes and agrees to download, access and/or use Warfare Heroes Games (each a "Game" and together the "Games"), the Website and the Service on her/his Equipment;
(c) The User agrees that by accessing and/or using the Services, they are agreeing to these Terms and Conditions and the Privacy Policy;
(d) The Company reserves the right to amend, change, and/or modify these Terms and Conditions and the Privacy Policy from time to time without any advance notice to the User. By using the Website after any changes have been made, the User acknowledges her/his agreement to the modified Terms and Conditions and all the changes made therein.
1. TERMS AND DEFINITIONS
In these Terms and Conditions (the "Agreement"), the following definitions shall have the following meanings:
Account – personal account of the User registered by the User associated with the User’s email address, and approved by the Company to access and/or use the Games and the Games Service.
AMT Games Ecosystem – online platform located on the Website that provides Users with access to Games, including, but not limited to, Warfare Heroes, as well as any other associated services provided by the Company based on the Terms and Conditions set forth herein.
Company – AMT Games AG, a company established and operating under the legislation of Switzerland, with its registered office at Axenstrasse 22, 6454 Flüelen, Switzerland.
Game Items - the Website provides a marketplace (the “Marketplace”) for the User to purchase, transfer, and trade Game-related items such as commanders, heroes, equipment, medals, and other items. The Company makes no promises or guarantees regarding the functionality, utility, or value of any Game Items, and such Game Items may evolve and change as the Company updates and modifies the Game.
Equipment – electronic devices (e.g. computer, mobile phone, tablet) used by User to access the AMT Games Ecosystem.
Marketplace - the Company provides the Marketplace to be able to sell Game Items and other offerings to the User directly from the Company. The Marketplace will also facilitate peer-to-peer sales conducted via decentralized or third-party exchanges or protocols whereby buyers and sellers can buy, sell, and trade Game Items with each other. The Company has no control over the conduct of buyers, sellers, and any other users of the Marketplace. The Company accepts no liability for any aspect of the buyer and seller peer-to-peer interaction on the Marketplace.
Services - any form of services that the Company may offer to the User pursuant to this Agreement in relation to the Games and the Website and as the User may from time to time subscribe to and “Service” shall be construed accordingly. For example, Account is included in Services.
Submission - any questions, comments, suggestions, ideas, feedback, or other information regarding the Games, Services and/or Website provided by the User to the Company or purportedly from the User through Warfare Heroes network and system.
User – a natural person, who has reached the age which allows them, in accordance with the applicable law, to be fully liable for her/his own actions (fully legally capable person) and to use the AMT Games Ecosystem, and satisfies all the criteria listed herein, or if underage, satisfies all the criteria listed herein.
Website – Warfare Heroes website available at the URL https://warfareheroes.com/, as well as any and all websites of AMT Games (if applicable), and all domains and subdomains of the following levels.
2. IN-GAME PURCHASES
2.1. Any purchases (including buying Game Items) on the Website will be conducted solely through the Binance Smart Chain via a wallet like MetaMask.
2.2. The Company will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, the Company will have no liability to the User or to any third party for any claims or damages that may arise as a result of any transactions that the User engages in via the Website, or any other transactions that the User conducts via the Binance Smart Chain network.
3. INDEMNIFICATION
The User agrees to release, indemnify and hold harmless the Company, its affiliates, its and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to the User’s complaints relating to the Games, Services and Website. For the avoidance of doubt, this indemnification, defense and hold harmless obligation shall survive this Agreement and the termination of the User’s use of the Games, Services and Website provided by Company.
5. ASSUMPTIONS OF RISKS
The User accepts and acknowledges each of the following:
5.1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of the User’s Game Items, which may also be subject to significant price volatility. Company cannot guarantee that any purchasers of Game Items will not lose money.
5.2. The User is solely responsible for determining what, if any, taxes apply to her/his Game Items-related transactions. The Company is not responsible for determining the taxes that apply to the User’s transactions on the Website.
5.3. The Website does not store, send, or receive Game Items. This is because Game Items exist only by virtue of the ownership record maintained on the Website’s supporting blockchain on the Binance Smart Chain network. Any transfer of Game Items occurs only on the Binance Smart Chain network.
5.4. 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 the User's wallet. The User accepts and acknowledges that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays the User may experience when using the Binance Smart Chain network, however caused.
5.5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Warfare Heroes ecosystem, and therefore the potential utility or value of Game Items.
5.6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Warfare Heroes ecosystem, and therefore the potential utility or value of Game Items.
6. UNDERWRITING AND PRIVACY
6.1. Notwithstanding the above, the User agrees for the Company to use the User’s personal information as set out on the Website.
6.2. For purposes of collection, the Company shall keep strictly confidential the User’s data and personal information except for circumstances set out under the Privacy Policy.
7. INTELLECTUAL PROPERTY
7.1. Unless otherwise indicated, the Games, Services and Website are the Company’s proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics (collectively the “Content”) and trademarks, service marks and logos contained therein are owned, controlled by the Company or licensed to the Company, and are protected by the laws of Switzerland and relevant jurisdiction.
7.2. Other than the Content contributed and owned by users, the User acknowledges that all copyright, trademarks, and other intellectual property rights in and relating to the Games, Services and Website are owned by or licensed to the Company.
7.3. Subject to these Terms and Conditions, the Company grants the User, and they agree to receive, a non-exclusive, non-transferable, personal, revocable limited license to access and/or use the Games, Services and Website (but not any related object and source code) for her/his own personal private use only. Other than this, the User has no ownership or property interest in any of the Company’s Games, Services or Website.
7.4. The User must not copy, distribute, make available to the public or create any derivative work from the Games, Services or Website without the Company’s prior consent in writing.
8. REGISTRATION AND USE OF THE SERVICES
8.1. When the User accepts these Terms and Conditions, they are creating her/his Warfare Heroes account associated with her/his email address. The User will be asked to provide her/his information in accordance with know-your-customer requirements which will be used to determine her/his eligibility to use the Games, Services and Website, such as but not limited to:
(a). First name
(b). Last name
(c). Phone number
(d). Email address
(e). Government I.D.
(f). Selfie
(g). Citizenship
(h). Date of birth
(i). Place of birth
(j). Present address
8.2. The User represents that all information which they will provide is true and accurate. The User will keep her/his information up to date by informing the Company of any change/s through the management of her/his account.
8.3. By registering an Account, the User represents that she/he is at least eighteen (18) years old and have full capacity for civil acts under the laws applicable to her/him. If the User is under 18 years old, her/his legal guardian has reviewed and agreed to these terms and conditions and is happy for them to access and/or use the Website and the Services. The User is responsible for providing correct registration information. The Company reserves the right to request for additional information to add in account verification, as well as close, suspend or limit the User’s access to the Website in the event of incomplete or incorrect information provided. The User may only have one (1) Account to access and use the Games, Services and Website.
8.4. The User hereby irrevocably authorizes the Company to act on all Submission received from her/him (or purportedly from her/him) through the Website and to hold the User liable in respect thereof. The Company may nevertheless refuse to carry out any Submission in its sole and absolute discretion.
8.5. The Company shall be entitled to accept and to act upon any Submission, even if that Submission is otherwise for any reason incomplete or ambiguous.
8.6. The Company shall be deemed to have acted properly and to have fully performed all the obligations owed to the User notwithstanding that the Submission may have been initiated, sent or otherwise communicated in error or fraudulently, and the User shall be bound by any Submission on which the Company may act if the Company has in good faith acted in the belief that such instructions have been sent by the User.
8.7. The User agrees to indemnify, and shall release, the Company and its directors, officers, employees, agents and representatives and those of its affiliates, from and against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to the Company having acted (or failed to act) in accordance with the whole or any part of any of the User's Submission.
8.8. The User acknowledges that, to the full extent permitted by law, the Company shall not be liable for any unauthorized drawing, transfer, disclosure, or any activity or any incident on the User’s Account by the fact of the knowledge and/or use or manipulation of the User’s password, ID or any means whether or not occasioned by her/his negligence.
8.9. In the event of any conflict between any terms of any Submission received by the Company from the User and this Agreement, this Agreement shall prevail.
9. PERSONAL INFORMATION
9.1. The User hereby agrees and authorizes the Company to use and verify her/his Personal Information and the relevant information (i) for the purposes set forth herein and (ii) to the extent the Company otherwise determines is necessary and/or advisable, in its sole discretion, to comply with applicable law.
9.2. The Company reserves the right to request further information from the User pertaining to her/his registration of an Account. Failure to provide such information within the time required by the Company may result in declining to register the Account. Failure to provide evidence of her/his identity may be deemed by the Company as a possible fraudulent attempt to access the Website and/or the Services.
9.3. The User can request to cancel her/his Warfare Heroes account by requesting it from Customer Care in Section 18. Once the account is cancelled, the User can no longer log in to her/his cancelled account on the Games or Website.
9.4. Other Personal Information-related contents shall be subject to provision of the Privacy Policy.
10. RIGHTS AND OBLIGATIONS OF THE USER
10.1. User has following rights:
(a) to request The Company to provide Services in accordance with the terms and conditions confirmed by the Company via the Website;
(b) to request the Company, to its best knowledge, to provide necessary information for the performance of this Agreement, which, for the avoidance of doubt, does not include information relating to the Game Items;
10.2. User has following obligations:
(a) to not use the Website for any commercial endeavours without the prior consent of the Company in writing;
(b) to be solely responsible for all materials that the User make available via the Website;
(c) to not disguise, anonymise or hide her/his IP address or the source of any materials related to the Website that the User may upload;
(d) to not remove or amend any proprietary notices or other ownership information from the Games or any other part of the the Website;
(e) to not interfere with or disrupt the the Website or servers or networks that provide the the Website;
(f) to not attempt to decompile, reverse engineer, disassemble or hack any of the the Website, or to defeat or overcome any of encryption technologies or security measures or data transmitted, processed or stored by the Company;
(g) to not 'harvest', 'scrape' or collect any information about or regarding other people that use the the Website, 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);
(h) to not sell, transfer or try to sell or transfer an account with the Company or any part of an account;
(i) to not disrupt the normal flow of the Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing the Games or engaging in real time exchanges;
(j) to not use the Website 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 Website, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
(k) to not unilaterally terminate this Agreement except for circumstances clearly set out under this Agreement;
(l). to at all times follow the security procedures recommended by the Company. The User acknowledges that any failure on his/her part to follow the recommended security procedures may result in a breach of her/his Account’s confidentiality. In particular, the User shall ensure that the Account is not used by anyone other than the User;
(m) to be responsible for ensuring the proper performance of the User’s Equipment. The Company shall neither be responsible for any errors or failures caused by any malfunction of the User’s Equipment nor shall the Company be responsible for any computer virus or related problems that may be associated with the use of the Website and the Equipment. The User shall be responsible for charges due to any service provider providing the User access to the Website and/or the Equipment and the Company shall not be responsible for losses or delays caused by any such service provider.
11. RIGHTS AND OBLIGATIONS OF THE COMPANY
11.1. The Company has following rights
(a) to not have the obligation to issue invoices to Users with respect to the Game Items;
(b) to automatically suspend or block an Account in the event that the Company has reason to believe that the Account is being used for fraudulent or suspicious activities or by an unauthorized person. The User shall hold the Company free from liability for such suspension or blocking or any loss or damage which the User may suffer as a result thereof.
11.2. The Company has following obligations
(a) to ensure transparency in data management in accordance with terms and conditions of this Agreement;
(b) to provide reasonable support and answer the User’s inquiries as quickly, professionally as possible, with all expertise and knowledge in the scope related to the above transactions.
12. REPRESENTATION AND WARRANTIES
12.1. The User represents and warrants that the User:
(a) has the right, power, and ability to enter into and perform under this Agreement and use the Games, Services and Website;
(b) shall fulfill all obligations under this Agreement and other related polices as announced on the Website from time to time;
(c) provides true, accurate, complete and updated information.
12.2. By entering into this Agreement, the User agrees that all terms and conditions mentioned herein are reasonable and fair for both the User and the Company.
12.3. The User further agrees that he/she:
(a) is not a minor in the jurisdiction in which he/she resides;
(b) will not access the Games or the Website through automated and non-human means (e.g. a bot, script or otherwise);
(c) will only use one in-game account to earn tokens in any 24-hour period;
(d) complies with the laws applicable to the User when accessing and/or using the Games, Services and Website.
12.4. User agrees to indemnify and hold the Company harmless from any legal liabilities and compensations relating to:
(a) any claim by the User regarding the quality and technical defects of the Games, Services and Website provided by the Company;
(b) complaints, requests, and lawsuits made or conducted by any competent State bodies with respect to the User.
12.5. The Company represents that it shall comply with its obligations under this Agreement and the law of Switzerland. The Company agrees to indemnify and hold the User harmless from any legal liabilities and compensations arising out of complaints, requests, and lawsuits made or conducted by any competent State bodies with respect to the Company’s provision of the Games and Services via the Website.
12.6. The Company makes no warranties that the Website shall be uninterrupted or error-free. The Company disclaims all representations and warranties to the Website, including but not limited to the warranties of merchantability and fitness for a specific purpose. Further, the Company does not represent that the information or content accessible through the Website (including third-party website and materials) is accurate, complete and current and all information, including applicable fees and availability, shall be subject to change without prior notice to the User. The User assumes all risks associated with the use of the Website, the Games, the Services and any information available and/or accessed through the Website and any security features provided for the Website.
13. EFFECTIVENESS AND TERM
The User understands that her/his use of the Website constitutes the User’s agreement to all such terms, conditions, and any rules of conduct as the Company may implement. In addition, the User is deemed to have signed this Agreement and agree to the Terms and Conditions upon clicking the ‘Accept’ or ‘Submit’ option, as the case may be, on the Website asking the User to confirm to have read, understood and agreed to abide by this Agreement (the "Effective Date"). By accessing the Website and opening an Account, the User agrees to comply with this Agreement and she/he affirms that this Agreement is without prejudice to any other right that the Company may have in law or otherwise
14. CONFIDENTIAL INFORMATION
Subject to provisions of the Privacy Policies, all information supplied by the User shall be treated as confidential and shall not be disclosed or used other than to satisfy the requirements of this Agreement unless the information is or comes into the public domain otherwise than by breach of this Section 9. Similarly, any written material, information, data, specifications or drawings supplied by the User to the Company shall remain subject to User’s copyright and shall not be copied or used for any purpose other than satisfying the requirements of this Agreement.
15. USER'S BREACH OF THIS AGREEMENT
15.1. Each of the following shall constitute a breach of the User under this Agreement:
(a) The User’s failure to comply with any of the covenants or obligations expressed or implied in this Agreement;
(b) The User’s violation of any law, regulation, judgment, or administrative decision or decree, including non-payment of taxes, in circumstances where the Company reasonably believes that said violation will have an adverse effect on the User’s ability to meet the User’s obligations under this Agreement.
15.2. At any time after an Event of Default has occurred and is continuing, the Company may, without prejudice to any other right or remedy granted to it under any law:
(a) terminate this Agreement and deny access to and use of the Website without warning; and
(b) obtain indemnification upon demand against any reasonable loss or expenses, which the Company may incur.
16. TERMINATION
16.1. These Terms and Conditions remain in full force and effect while the User uses the Website.
16.2. If the Company terminates or suspends her/his account for any reason, the User is prohibited from registering and creating a new account under her/his name, a fake or a borrowed name, or the name of any third party, even if the User may be acting on behalf of the third party. In addition to terminating and suspending the User’s account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16.3. The User agrees that if the Company asserts a claim against the User (including any and all appeals), arising out of or related to this Agreement, the Company shall be entitled to recover from the User all amounts the Company incurs related to litigation (including actual attorneys’ fees and costs) if the Company prevails on the claim in whole or in part. The Company shall have the right to collect from the User attorneys’ fees and cost incurred by the Company in handling any administrative or informal disputes with the User, if the Company prevails in such dispute, in whole or in part.
17. ASSIGNMENT
17.1. The User may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of his/her rights and obligations under this Agreement.
17.2. Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion to make changes or modifications to these terms at any time, the User's continued use of the Services after the terms have been updated shall confirm her/his acceptance of the updated terms.
18. NOTICE AND CUSTOMER CARE
All communications and notices provided for hereunder shall be in writing and shall be by email to the designated recipient or her/his respective successors as follows:
If to the User:
The address and contact details as provided by the User upon registration with the Website; provided, that any changes therein must be reflected by the User in the Website; and
If to the Company:
Attn to: AMT Games AG
Address: Axenstrasse 22, 6454 Flüelen, Switzerland
Email address: warfare.heroes@amt-games.com.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1. Unless otherwise expressly provided by applicable law, these Terms and Conditions shall be governed and construed by the current law of Switzerland.
19.2. All disputes arising in connection with these Terms and Conditions are subject to mandatory pre-trial settlement by the Company and the User via support as indicated in Section 18 hereof.
19.3. In case of failure to reach agreement during the pre-trial settlement of the dispute, it is to be submitted for final settlement to the court having jurisdiction in the location of the Company unless otherwise expressly provided by applicable law.
19.4. In no event shall any Dispute brought by either Party related in any way to the Games, Service or Website be commenced more than one (1) year after the cause of the action arose.
19.5. If any of the provisions of this Agreement, or portions thereof, are found to be invalid by competent jurisdiction, the remainder or this Agreement shall nevertheless remain in full force and effect. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. All terms of the ‘whereas’ clauses shall be incorporated in, and become part of, this Agreement. The Agreement shall be binding on, and shall inure to the benefit of, the successors and permitted assigns of the parties.
19.6. The User agrees and acknowledges that the Company’s total, aggregate liability to the User for any and all claims arising out of or relating to these terms or her/his access to and use of the Website is limited to one hundred (100) US Dollars.
21. LANGUAGE
This Agreement is made in English.
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