Terms of Use

Last updated: Mar 6, 2024

Welcome to Wingalaxy (“Wingalaxy”, also “we”, “our”, or “us"). These Terms of Use (“Terms”) govern your access to and use of the Wingalaxy website, wingalaxy.game (the “Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by the Terms and are entering into a binding agreement with us that includes these Terms and any other policies referenced herein (the “Agreement”). This Agreement applies to all visitors, users, and others who access the Site (“Users”). Wingalaxy reserves the right to make unilateral modifications to these Terms and once any part of the Agreement is updated, you will be bound by the Terms if you continue to use the Site.

Please read this Agreement thoroughly to ensure complete understanding. It contains mandatory individual arbitration and class action/jury trial waiver provisions requiring arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Wingalaxy Site

Through the Site, Wingalaxy provides access to a decentralized rewards tool on the Cronos blockchain (“Protocol”) . The Protocol allows participants to use Cronos assets (“Assets”) to transact via smart contracts (“Smart Contracts”). We may, at any time, and without liability to you, modify or discontinue all or part of the Site (including access to the Site via any third-party links).

Eligibility

This Agreement is between you and Wingalaxy. You must agree to these terms before using the Site. If you do not agree, you may not access the Site. You may only use the Site if you can form a binding contract with Wingalaxy and comply with this Agreement and all applicable laws and regulations.

By agreeing to these terms, you represent and warrant that:

1. You are at least 18 years of age;

2. You have the full right, power, capacity and authority to agree to these terms;

3. You or any non-custodial wallet address (“NCW Address”) you control have not previously been banned or prohibited from accessing Wingalaxy; and

4. You are in compliance and will remain in compliance with all applicable laws, regulations, rules, or other requirements or guidelines, issued by any governmental or regulatory authority, applying or intended to apply to you or your property, transaction or activity.

We make no representations that the Site is appropriate or available for use in your jurisdiction. You acknowledge and agree that you access the Site voluntarily and are responsible for your compliance with applicable laws and regulations. You may not use the Site if you are subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC).

Access and Use

The mechanics of a Wingalaxy race (“Race”) are as determined by us in our sole discretion, and are set out at the following page on the Site: https://wingalaxy.game/ (“Mechanics”). To participate in a Race, you will need a non-custodial wallet (“NCW”). We reserve the right to ask you to provide certain personal information to associate to your NCW for the purposes of your participation. You are solely responsible for maintaining the security of your NCW. We have no control or guarantee over your NCW(s); your NCW is provided by a third-party service provider and is generally governed by separate terms and conditions set by the respective third-party service provider. It is your sole responsibility to review and comprehend the terms and conditions associated with your chosen NCW to ensure compliance and to be aware of any applicable charges or risks.

Subject to this Agreement's terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by its features. We reserve all rights not expressly granted regarding the Site and Content. We may terminate this license fully or partially at any time for any reason. Upon termination, you remain bound by the Agreement.

We may, without notice, change the Site, limit access, or suspend Users. We may terminate your access for any reason. Upon termination, this Agreement remains in effect.

Site Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Wingalaxy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Wingalaxy grants the operators of public search engines revocable permission to use spiders to copy publically available materials from Wingalaxy for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

Any transactions that are executed through bad practices in our absolute opinion, including but not limited to wash trades, falsifications, self-dealing, or transactions that display any attributes of market manipulation ('Disqualified Transactions”), will not be counted towards your participation in a Race and may result in your being banned from the Site.

You are solely responsible for interactions with other Users. We have no liability for such interactions but reserves the right to monitor disputes and carry out any remedial or mitigative steps as it deems appropriate.

We reserve the right to investigate and prosecute any suspected breaches of this Agreement, including the Terms. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Auto-Play Features

The Auto-play feature is an opt-in feature through which you may authorise the Protocol to automatically enroll you into the upcoming Race(s) using funds available in your WinFund balance and which you designate to input into the upcoming Race(s). Should you choose to opt into this feature, you acknowledge that Wingalaxy is acting on your instructions via smart contract and this feature is not indicative of any control or guarantee on the part of the Protocol over your assets. You are solely responsible for the use of this feature and are entitled to opt-out of the feature at any time.

Changes to Wingalaxy

We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Site or rules of participation in the Site, and restrict or prohibit access to the Site, at any time, permanently or temporarily, without prior notice to you or compensation for any loss of rewards accrued, earned or associated with your NCW.

Fees and Payments

To participate in a Race, you will need to connect an NCW and allocate the appropriate Assets to the correct Smart Contract, in accordance with the Mechanics. You acknowledge that Assets entered for the participation in the Race(s) and any entrance fees paid as specified in the Mechanics, cannot be withdrawn.

By participating in a Race, you acknowledge and agree that you are aware of the applicable fees, as set out in this page. No refunds of the Assets deposited for a Race are permitted.

You are responsible for your taxes and duties. Users bear sole responsibility for paying any and all taxes, duties and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Site and/or payable as a result of using and/or exploiting any Assets and interacting with Smart Contracts.

Wingalaxy Proprietary Rights

The Site and all materials therein or transferred thereby, including software, graphics, images, text, logos, patents, trademarks, copyrights, and related intellectual property rights, are property of Wingalaxy and/or our affiliates, or licensors, as applicable (“Content”). Unless explicitly provided herein, nothing grants you any rights to any intellectual property and Content may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not sell, license, modify, reproduce, transmit, display, perform, publish, adapt, edit or create derivative works from Content. Non-permitted use is strictly prohibited. All rights reserved.

By submitting feedback to improve the Site, you agree your disclosure is gratuitous, unsolicited, without obligation, and that Wingalaxy may use it without compensation and disclose it non-confidentially. You acknowledge we retain rights to similar ideas.

No Professional Advice

Any information on the Site is for informational purposes only, not professional advice of any kind. No actions should be taken solely based on Site information. Seek independent professional counsel in applicable areas.

Security

Wingalaxy uses reasonable safeguards to protect your information and settings. However, we cannot guarantee protection from unauthorized access. You provide Assets and information at your own risk.

Third-Party Links and Information

The Site may contain third-party links and information. Wingalaxy does not endorse or assume responsibility for third-party sites, information, products or services. Accessing any third-party site is at your own risk. This Agreement does not apply to third-party site use. You release us from liability for any loss/damage resulting from advertiser dealings or promotions. You agree we have no liability for such losses.

Indemnity

You agree to defend, indemnify and hold harmless Wingalaxy and its affiliates and its and their agents, directors, officers, contractors, and employees from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from: (i) your Site or Protocol use and transmitted and received data; (ii) your breach of this Agreement; (iii) your violation of any rights or applicable laws; (iv) any misleading or false information you provide; (v) your willful misconduct; (vi) third parties’ access and use of, and any actions taken with regards to the Site or Protocol; or (vi) third parties’ violation of any rights or applicable laws.

Assumption of Risk; Release

By using Wingalaxy, you acknowledge and accept Site and Protocol risks, including the following: Asset access may be suspended/terminated; Assets could diminish in value; and all risks listed in the Risk Disclosures document at the following link: https://docs.wingalaxy.game/wingalaxy/security/risk-disclosures

You expressly agree: (A) you assume all risks of accessing/using the Site, Protocol and Smart Contracts; and (B) you release Wingalaxy from any and all liability for damages arising from Site, Protocol or Smart Contract use.

No Warranty

The Site is provided “as is” and “as available” without warranty. Wingalaxy disclaims warranties of merchantability, fitness, non-infringement, accuracy, correctness, meeting your requirements, availability, security, lack of viruses, lack of defects, title, and non-infringement. Wingalaxy does not warrant advice or information from the Site that will meet your expectations. Wingalaxy is not responsible for any damage from Site downloads.

Wingalaxy does not warrant, endorse or monitor any third party products, services or sites accessible via the Site. You assume all risks associated with third parties.

Limitation of Liability

To the maximum extent permitted by law, Wingalaxy assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) unauthorized access, bugs, exploits or hacking of the Site or associated smart contracts; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) user actions or the defamatory, offensive, or illegal conduct of any third party.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINGALAXY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WINGALAXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SITE OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS AND USE OF THE SITE OR INTERACTION WITH ANY SMART CONTRACTS OR SERVICES ON THE SITE EXCEED US$100.

We and our affiliates will not be liable for any failure or delay in performance of obligation under these terms where the failures or delay results from any cause beyond reasonable control, including, but not limited to, acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, upgrades to the validation rules of a given blockchain (e.g. a “hard fork” or “soft fork”), earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Governing Law, Arbitration, and Class Action/Jury Trial Waiver

These Terms are governed by and shall be construed in accordance with the laws of Hong Kong without regard to any choice or conflict of laws rules.

Arbitration: Carefully read this section, which requires arbitration of disputes on an individual basis. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation it shall be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be one, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. If any proceeding is brought for the enforcement of this Agreement, then the successful or prevailing Party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. This does not prevent us from seeking injunctive relief to prevent infringement.

Class Action/Jury Trial Waiver: All claims must be brought individually, not as a class action or other representative proceeding. This waiver applies to class arbitration. Unless agreed otherwise, the arbitrator may not consolidate claims. By using the Site, you and Wingalaxy waive any right to a jury trial or class/representative proceeding.

Severability

If any provision of the Agreement (including, without limitation, these Terms) is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Assignment

The Agreement (including, without limitation, these Terms) may be assigned without your prior consent to any Wingalaxy companies, affiliates, or to its successors in the interest of any business associated with the Site provided by us. You may not assign or transfer any rights or obligations under the Agreement without our prior written consent.

Entire Agreement

The Agreement (including, without limitation, these Terms) and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any failure by us to exercise or enforce any right or provision of the Agreement (including, without limitation, these Terms) shall not constitute a waiver of such right or provision.