Disclaimer

GENERAL CLAUSE

Please carefully review the Terms of Use at https://plantvsundead.com/ before you continue to access the Site or the Game. The terms used in this Disclaimer have the same meanings as in the Terms of Use. Accessing the Site or the Game means that you fully agree to the Terms of Use set forth by us. The information we use on the Site, except for the Terms of Use, Privacy Policy, and Disclaimer, is for reference purposes only unless otherwise stated by us and is subject to change without notice and should not be used as our advice, acts of inducement, or influence whatsoever for any person in any cases. We, as our sole rights, may change and update the said information and these regulations at any time. Therefore, you must visit the Site regularly to get the latest information. Accessing the Site or the Game means you fully understand, agree and acknowledge that we and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory, or otherwise regarding the Site, the Game, the Contracts, or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the Site, the Game, the Contracts, or third-party content will be uninterrupted, error-free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered. You understand and agree that we, our subsidiaries, affiliates, and licensors and other relevant persons and entities as updated from time by our policies shall not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damage 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 tangible or intangible loss, even if we have been advised of the possibility of such damage. You hereby understand, agree and acknowledge that in any cases, we shall not be held liable for compensations or reimbursements to you for any and all claims arising out of or relating to the Terms of Use or your access to or use of (or your inability to access or use) any portion of the Site, the Game, and the Contracts, whether in contract, tort, strict liability, or any other legal theory. You hereby understand, agree and acknowledge that we have made the Site, the Game, and the Contracts available to you and entered into the Terms of Use 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 Game and the Contracts to you without these limitations. 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 Game, and the Contracts shall meet your requirements, (ii) your access to or use of the Site, the Game, and the Contracts shall be uninterrupted, timely, secure or free from error, (iii) usage data provided through the Site, the Game, and the Contracts shall be accurate, (iii) the Site, the Game, and the Contracts or any content, services, or features made available on or through the Site, the Game, and the Contracts are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the Site, the Game, and the Contracts shall be secure.


TAX AND FEES

If you elect to purchase and/or trade, including but not limited to Plans, grow the Seeds, Lands and our other products related to the Site and the Game as updated from time to time by our policies (collectively the “Product” or “Products”), which shall be released by us and may be available for purchase on the day we first launch the Marketplace of the Game and the additional Products from time to time as updated by our policies purchased on the Site and/or the Game with and/or from other users via any transactions that you engage in shall be conducted solely through the Blockchains via a crypto wallet such as MetaMask, CoinBase and etc. which are outside our control. It is assumed that you fully understand, agree and acknowledge that we have no insight into or control over these payments or transactions, nor do we have the ability to reverse any such payments or transactions. Therefore, we shall, in any cases, 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 Game or using the Contracts, or any other transactions that you conduct via, include but not limited to, cryptocurrency exchanges platforms such as Binance, PanCake Swap and etc. In addition to the Gas Fee as stipulated at our sole discretion, each time you utilize a Contract to conduct a transaction with another user via the Site and/or the Game you authorize us to collect a commission of 5% of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission shall be transferred directly to us through the Binance network or the FactoryChain as a part of the transaction. As between us, you shall be solely responsible to pay any and all sales, use, property, value-added and other taxes, duties, governmental charges, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Tax” or “Taxes”) associated with your use of the Site (including, without limitation, any Taxes that may become payable as a result of your accessing and using the Site or the Game and your ownership, transfer, or growing of any Product that is in your ownership). Except for income taxes levied on our Game (if any), you: (i) shall pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms of Use.


MARKET AND TOKEN MANAGEMENT

It is assumed that you expressly understand and agree that your access to and use of the Site, the Game, and the Contracts are at your own risk, and that the Site, the Game, and the 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, agents, employees, and licensors make no express warranties and hereby disclaim all implied warranties regarding the Site, the Game and the Contracts and any part of it (including, without limitation, the Site, the Game, any Contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. You are deemed to fully acknowledge and 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 by any party. We shall not be responsible or liable to you for any losses you incur as the result of your use or misuse of the Ethereum network, the Binance network, the FactoryChain, the Game, the Site, the Metamask electronic wallet and any other service or products of ours or a third party, 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) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against Ethereum network, the Game, the Site, the Binance network, the FactoryChain or the Metamask electronic wallet the like. Cryptocurrencies are intangible digital assets that exist only by virtue of the ownership record maintained on the Binance network or the FactoryChain. All Contracts are conducted and occur on the decentralized ledger within the Binance network and the FactoryChain. Due to the nature of the Blockchains, we have no control over and make no guarantees or promises with respect to Contracts. We are not responsible for losses due to blockchains or any other features of or any issue with the Ethereum network, the Binance network, the FactoryChain, or the Metamask electronic wallet, including but not limited to forks, technical node issues, or any other issues having fund losses as a result.


THIRD-PARTY LINK AND WEBSITE

We hold no responsibility and shall not be responsible or liable in any way for the content of such other websites or media linked to the Site or the Game, including any products, services, and other items offered through such websites.