Last Updated: September 16th, 2026
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and ROX Games Limited (“we", “us", or “our") concerning your access to and use of the www.rox.games website and the ROX Games app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site" and the “App"). ROX Games is an online horse racing game. Using the Site and the App, players own racehorses, enter them in races, breed them, buy and sell them with other players at a fixed price or by auction, and buy accessories for them. Horses, balances and game records are held in your ROX Games account. Some features also connect to public blockchain networks, such as deposits and withdrawals of digital currency and bringing horses from ZED RUN on the Polygon network into ROX Games; where they do, the relevant network is referred to in these Terms as the “Blockchain".
WE ARE ONLY WILLING TO MAKE THE SITE AND THE APP AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE, THE APP, OR ANY OTHER OFFICIAL ROX Games PRODUCT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site and the App from time to time, including the published game rules, guides and our Platform Fees page, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site and the App after the date such revised Terms of Use are posted.
The information on the Site and the App is not intended for distribution to 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. Accordingly, any persons who access the Site and/or the App while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable. The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site and the App.
Unless otherwise indicated, the Site and the App are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, horse artwork, racecourse artwork and graphics on the Site and the App (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Cayman Islands, foreign jurisdiction and international conventions. Except as expressly provided in these Terms of Use, no part of the Site or the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site and the App, you are granted a limited license to access and use the Site and the App or to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Owning a horse in ROX Games gives you the use of that horse in the game as described in these Terms and the game rules; it does not transfer to you any copyright, trademark or other intellectual property right in the horse's artwork or in any other Content. You may share images and videos of your own horses and races for non-commercial purposes, such as on social media, provided you do not suggest that they are official ROX Games material. We reserve all rights not expressly granted to you in and to the Site, the App, the Content, and the Marks.
By using the Site and the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are at least 18 years old and not a minor in the jurisdiction in which you reside; (5) you will not access the Site and the App through automated and non-human means, whether through a bot, script or otherwise, except for building public tools that facilitate transparency and analysis, or private, non-commercial tools which store data for analytical purposes, using the public interfaces we provide (anyone abusing those interfaces, for example by flooding them with requests, may be blocked from using them); (6) you will not use the Site and the App for any illegal or unauthorized purpose; (7) your use of the Site and the App will not violate any applicable law or regulation; (8) you (a human being) will hold and use only one ROX Games account; (9) you are responsible for everything done with your account, including by anyone you allow to use it, and for any consequences that activity may have for your other connected accounts; (10) you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce; (11) you accept that ROX Games or third-party providers we work with may store the IP address you use to access the Site; and (12) any digital currency you deposit is yours to use and does not come from unlawful activity. 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 the Site and the App (or any portion thereof). ROX Games Limited reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of ROX Games services in certain countries or regions.
You may be required to register with the Site and the App. You agree to keep your sign-in details and any two-step verification codes confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim or change a username or stable name you select if we determine, in our sole discretion, that it is inappropriate, obscene, misleading, or otherwise objectionable.
You may not access or use the Site and the App for any purpose other than that for which we make the Site and the App available. The Site and the App may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with ROX Games Limited or as permitted by a programme we publish, such as our affiliate programme. As a user of the Site and the App, you agree not to: systematically retrieve data or other content from the Site and the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; make any unauthorized use of the Site and the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; use a buying agent or purchasing agent to make purchases on the Site and the App; use the Site and the App to advertise or offer to sell goods and services; circumvent, disable, or otherwise interfere with security-related features of the Site and the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and the App and/or the Content contained therein; engage in unauthorized framing of or linking to the Site and the App; trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as sign-in details; make improper use of our support services or submit false reports of abuse or misconduct; 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, except as permitted in section 2 (5); interfere with, disrupt, or create an undue burden on the Site and the App or the networks or services connected to the Site and the App; attempt to impersonate another user or person or use the username or stable name of another user; sell or otherwise transfer your account; use any information obtained from the Site and the App in order to harass, abuse, or harm another person; use the Site and the App as part of any effort to compete with us; decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and the App; attempt to bypass any measures of the Site and the App designed to prevent or restrict access to the Site and the App, or any portion of them; harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and the App to you; delete the copyright or other proprietary rights notice from any Content; copy or adapt the software of the Site and the App, including but not limited to HTML, JavaScript, or other code; upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, 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 the Site and the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and the App; 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 the Site and the App, or use or launch any unauthorized script or other software; use the Site and the App in a manner inconsistent with any applicable laws or regulations; or engage in any practice that aims to manipulate the outcome of any race, tournament, auction or betting market on ROX Games. Race fixing, collusion between stables, shill bidding on your own horses, using several accounts or several stables to gain an advantage (including to qualify for more than one tournament place, ranking reward, referral commission or promotion), and any attempt to exploit a defect in the game rather than report it are strictly prohibited.
Your account holds a cash balance in US dollars. You add to it by depositing supported digital currency to the deposit address shown in your account, which is converted to US dollars and credited once the payment has been confirmed; you take money out by withdrawing to a payout address you have saved in your account, which may be held for a short security period after the address is added. Purchases, bids, race entries, feed, stud covers and any other payments on the Site and the App are taken from your cash balance, and sales proceeds, prize money and refunds are paid into it. Betting on races currently uses a separate play-money balance that has no cash value.
By using the Site and the App you authorise us to charge the fees published on our Platform Fees page at the time of the transaction, which include: 10% of the sale price when you sell a horse to another player, whether at a fixed price or at auction, deducted from the amount paid to you; our share of each race entry fee; 5% of the stud fee on a cover booked with another player's stallion, deducted from the amount paid to the stallion's owner, or half of the stallion's listed stud fee when you cover your own mare with your own stallion; and the race feed charge of 10% of the race entry fee (at least US$1), which is taken only when you choose to feed your horse for that race. Deposits and withdrawals made on a blockchain network may also carry network or conversion fees, which are shown before you confirm. A payment that has been completed on the Site or the App cannot be cancelled by you, but we may correct any payment, credit or charge made in error. As between us, you will be solely responsible to pay 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 governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your horses). Except for income taxes levied on ROX Games, you: (i) will 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.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and the App (“Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Messages you send to our support team are used to help you and to run the service, as described in our Privacy Policy.
The Site and/or the App (or you may be sent via the Site and/or the App) links to other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App. This includes the payment providers that process deposits and withdrawals, digital wallets you send from or to, and ZED RUN. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products and services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site and the App such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and/or the App, and any services provided on the Site and/or the App, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
These Terms of Use remain in full force and effect while you use the Site and the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE APP OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION. Where the law allows, we may withhold, reverse or cancel any balance, winnings, commission or horse obtained in breach of these Terms of Use. 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 a 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.
These Terms of Use and your use of the Site and the App are governed by and construed in accordance with the laws of the Cayman Islands applicable to agreements made and to be entirely performed in the Cayman Islands, without regard to its conflicts of law principles.
11.1 Informal negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 11.2 Binding Arbitration If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA'sSupplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration can take place in the Cayman Islands. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in the Cayman Islands, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such courts. In no event shall any Dispute brought by either Party related in any way to the Site and the App be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 11.3 Exceptions to the Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE APP ARE AT YOUR SOLE RISK, AND THAT THE SITE AND THE APP 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, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND THE APP AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. 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 AND THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE AND THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE AND THE APP WILL BE ACCURATE, (IV) THE SITE AND THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE AND THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE AND THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU 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 UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL WALLET YOU USE TO SEND DIGITAL CURRENCY TO US OR TO RECEIVE A WITHDRAWAL FROM US, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS, SENDING DIGITAL CURRENCY ON THE WRONG NETWORK OR TO THE WRONG ADDRESS, OR SAVING AN INCORRECT PAYOUT ADDRESS; (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 YOUR ACCOUNT, YOUR WALLET OR A BLOCKCHAIN NETWORK. TRANSACTIONS ON A BLOCKCHAIN NETWORK ARE RECORDED ON A DECENTRALIZED LEDGER THAT ROX Games LIMITED DOES NOT CONTROL, AND ONCE CONFIRMED THEY CANNOT BE REVERSED BY US. ROX Games IS NOT RESPONSIBLE FOR LOSSES DUE TO ANY FEATURE OR FAILURE OF A BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO FORKS, CONGESTION, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES 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 INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE AND THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLARS. THIS LIMIT DOES NOT REDUCE THE CASH BALANCE HELD IN YOUR ACCOUNT, WHICH REMAINS YOURS TO WITHDRAW IN ACCORDANCE WITH THESE TERMS. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE AND THE APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS 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 AND THE APP TO YOU WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
You accept and acknowledge each of the following: A. Horses, their ratings, race results, prize money and resale prices can go down as well as up. The price other players are willing to pay for a horse depends on demand, and we cannot guarantee that you will be able to sell a horse, or sell it for what you paid. Buying horses, entering races and breeding are part of a game and are not an investment. B. You are solely responsible for determining what, if any, taxes apply to your transactions on ROX Games. ROX Games is not responsible for determining the taxes that apply to your transactions on the Site and the App. C. Horses and other items you own in ROX Games are held in your ROX Games account and can only be used in ROX Games. A horse brought into ROX Games from ZED RUN is recorded in your ROX Games account from the moment it arrives, and what happens to it on ZED RUN or on the Polygon network afterwards is outside our control. D. Digital currency is volatile. The value of the digital currency you deposit or receive can change between the time you send or request it and the time it is converted or received, and deposits and withdrawals rely on blockchain networks and payment providers that we do not control. 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 unauthorized access to information stored within your wallet. You accept and acknowledge that ROX Games will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using a blockchain network, however caused. E. A lack of use or public interest in ROX Games could negatively impact the development of the game, and therefore the potential utility or value of your horses. F. The regulatory regime governing online games, digital currencies and blockchain technologies is uncertain, and new regulations or policies may materially adversely affect the development of ROX Games, the features we are able to offer in your country, and therefore the potential utility or value of your horses. G. We change and improve the game over time, including races, classes, ratings, breeding rules, fees and prizes, as published in the game rules and our Platform Fees page, and such changes may affect your horses.
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 third party due to or arising out of: (1) use of the Site and the App, (2) breach of these Terms of Use, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other user of the Site and the App with whom you connected via the Site and the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site and the App for the purpose of managing the performance of the Site and the App, as well as data relating to your use of the Site and the App, as described in our Privacy Policy. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site and the App. 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.
These Terms of Use and any policies or operating rules posted by us on the Site and the App, or in respect to the Site and the App, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site and the App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.