Last updated: September 2, 2022
Welcome to Motoclub.io, which is provided by MetaWorks Platforms Inc. (“MetaWorks Platforms”, “we”, “our” or “us”).
These Terms of Service (the “Terms”) govern the relationship, and form a legally binding agreement, between you and us and set forth the terms and conditions on which you may access and use (a) the website operated at motoclub.io, and other locations from time to time (the “Website”), (b) any applications or other software we provide you (the “Application”), excluding third party software that may interact with the Service as defined below, and (c) the services we provide through the Website and the Application, including any offering in respect of Collectibles (as this term is defined herein) (Website, Application, and Collectibles shall be collectively referred to as the “Service”). Any reference to the “Services” includes a reference to any part of the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you are agreeing to these Terms and using the Service on behalf of a corporation, partnership, or other legal entity, you represent that you have all required legal rights and authority to bind that entity to these terms. In such a case, any further reference to “you” in these terms means that other legal entity.
The Service enables you to purchase, collect, showcase, and possibly sell digital collectibles (“Collectibles”) which are created by us or our business partners (each a “Seller”). Each Collectible is a non-fungible token (“NFT”) minted on a MetaWorks Platforms Blockchain (the “blockchain”) and tied to content hosted on the Service as well as a license to use such content as represented by the Collectible in certain ways. Sales are subject to the creation of any secondary marketplace, which we cannot guarantee will exist.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR COUNTRY OF RESIDENCE, AS APPLICABLE. These specific terms concern important aspects of our agreement, including how you consent to these Terms, your consumer cancellation rights, your privacy, our rights to terminate your account or access to the Services, our warranties and liability, and the law applicable to these Terms.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND METAWORKS PLATFORMS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER COLLECTIVE OR REPRESENTATIVE ACTION.
For clarity, if any of the terms and conditions described in these Terms, or any future modifications thereto, are unacceptable to you, you should: (i) discontinue your use of the Services; and (ii) if you have set up an account, delete your account from your account management page. Your use of the Services now, or your continued use of the Services following the implementation of updated Terms, will indicate acceptance by you of such Terms or modifications. If you do not agree to the Terms as applicable from time to time, you must stop accessing or using the Services.
While we will take steps to monitor content and User Content in the Service, we make no representations or guarantees that we will be able to review all material that you or other users submit to the Service or to do so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SERVICES BEFORE RELYING ON IT. YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS, INCLUDING OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE OR LOSS, CONNECTED WITH YOUR USE OF THE SERVICES HOWSOEVER ARISING
YOUR USE OF THE SERVICES DEPENDS ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES, AND EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (I) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE, OR CONSISTENCY; AND (II) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, INFORMATION, OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE METAWORKS PLATFORMS PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER ERROR INCLUDING YOUR FAILURE TO REMEMBER OR LOSS OF PASSWORDS OR SIMILAR AUTHENTICATORS SUCH AS PRIVATE KEYS, FAILURES OF THE PUBLIC INTERNET, FAILURES OF THE UNDERLYING BLOCKCHAIN TECHNOLOGY INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER BLOCKCHAIN FAILURES WHICH MAY RESULT IN YOU INCURRING A LOSS, DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, FAILURE OF YOUR WALLET INCLUDING BUT NOT LIMITED TO CORRUPTED WALLET FILES, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE PARACHAIN OR ANY SERVICES, COLLECTIBLES, OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, THE PARACHAIN OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOU ARE RESPONSIBLE FOR ANY INTERNET OR MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
IN NO EVENT WILL METAWORKS PLATFORMS PARTIES’ TOTAL, AGGREGATE LIABILITY EXCEED, WITH RESPECT TO THE SERVICES, THE LESSER OF (i) THE TOTAL AMOUNT PAID BY YOU TO US IN THE SIX-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; AND (ii) USD$100.00.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your Dispute to:
MetaWorks Platforms Inc.,
3250 Oakland Hills CourtFairfield, California 94534
Email Address: [email protected]
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Consumer Arbitration Rules. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Consumer Arbitration Rules will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.IF YOU DO NOT WANT TO ARBITRATE DISPUTES WITH US AND YOU ARE AN INDIVIDUAL, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING AN EMAIL TO [email protected] WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS OR USE THE SERVICES.
Class Action Waiver. To the maximum extent permitted by the consumer protection or other applicable laws in your jurisdiction of residence, all Disputes must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”) except that an individual may seek in the arbitration public injunctive relief, and the AAA may include such relief in the award, where applicable. The parties expressly waive any ability to maintain any Class Action in any forum. If the Dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any Dispute must be decided individually, through arbitration.
This class action waiver does not apply to the strict extent that the laws of your jurisdiction would not permit it. If this class action waiver is found to be unenforceable or if this class action waive does not apply to you due to local laws in your jurisdiction, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. If for any reason a Dispute proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
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