PLEASE READ CAREFULLY! THIS DOCUMENT REPRESENTS THE LEGAL BINDING BETWEEN METAVERSER AND THE USER. WE INVITE YOU TO READ THESE TERMS & CONDITIONS BEFORE USING THE IN-GAME SERVICES. PLEASE, ALSO CHECK OUR RISK POLICY THAT, MUTUALLY WITH THIS LEGAL DOCUMENT, REPRESENT THE SET OF LEGAL CLAUSES APPLIED TO THE USE OF OUR WEBSITE, PLATFORM, PRODUCTS AND SERVICES.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Game app and the use of our Game app. Nothing in this disclaimer will:

• limit or exclude the Service Provider's liability for misinterpretation of the information presented on the Game app;
• limit any of the Service Provider's liabilities in any way that is not permitted under applicable law;

Our Crypto Services carry a high level of knowledge and risk, and can result in losses. The high level of risk means our Crypto Services is not suitable for everyone. If you are in any doubt, you should seek independent advice.

By submitting an application to create an account, you confirm:

• that you have read the Disclaimer and all the documents supplied to you in connection with our Services and that you fully agree to them;
• that you understand and agree that our relationship may be amended from time to time, in which case you automatically agree to such modifications;

 

General provisions

The Game app is privately owned and operated. Throughout the site, the terms "we", "us", and "our" refer to the Owner of the platform. The Owner offers this Game app, including all information, tools and services available from this Game app to you, the Gamer, conditioned upon your acceptance of all the provisions stated here.

By using/benefitting of our play-to-earn gaming features and/ or purchasing a Service or an NFT, you engage in the "Service" and agree to be bound by the following Terms and Conditions ("Terms and Conditions", "Terms"). In case you do not agree with the clauses of the present document, please stop using the Services.

Any new features or Services which will be added to the current Game app shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Game app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Game app following the posting of any changes constitutes acceptance of those changes.

 

1. INTRODUCTION

1.1. Representations

Authority and Capacity. The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.

Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

1.2. Definitions

"Visitor" means any person who visits the Game app but does not connect with a compatible wallet.

"Gamer" means the person or legal entity that connects with a compatible wallet and initiates the game;

"Service" means any of the services provided on our Game app at any given time, which are made available through the Game app, subject to this agreement;

"Swap" means the contract under which the Gamer transacts an NFT or the native cryptocurrency token for another NFT on our platform;

1.3. App Accuracy

Although we intend to provide accurate and timely information on the Game app, it may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continuously provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Game app are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Game app.

1.4. Eligibility

To be eligible to use any of the Services, the Gamer must be at least 18 years old, and reside in a country (or an area) in which the relevant Services are legally accessible. Please note that our Services are not available in every country.

For the purposes of these Terms, applicable laws and regulations shall include the rules of any relevant regulatory authority or exchange and any applicable laws, rules, procedures, guidance, codes, standards and regulations (including, without limitation, accounting rules and anti-money laundering or sanctions legislation) in force from time to time.

 

2. THE RIGHT TO USE THE SERVICES

2.1. Procedures

In order to be able to play the game, the Gamer is required to undertake a simple procedure and connect to the platform with a compatible wallet. The Gamer is responsible for keeping any wallet security information safe and secure. The Gamer must not disclose these details to any person who is not authorized.

The Gamer receives a limited, terminable, non-exclusive and non-transferable license of access and use the Services, in accordance with the terms of this Agreement, exclusively for the purposes for which the Services are construed. This license shall automatically terminate if the Gamer violates any of the restrictions hereinafter stated, and may be terminated by Metaverser at any time.

2.2. Description of Services

Metaverser Game is a virtual world that enables users to have fun while playing inside its metaverse and earn income from different play-to-earn games. The game mixes the world of finance and gaming, providing gamers with opportunities to generate an income while they play. Gamers will have more control by adding real-world value to their online entertainment. They can participate in the game challenges, earn MTVTs and NFTs, and sell them at the marketplace and cryptocurrency exchanges. Assets are minted as non-fungible tokens (NFTs) and can be often traded on platforms outside the game's universe.

Gamers can travel in the game using ports, train stations, and airports, complete missions, and earn real money alongside fulfilling their sense of curiosity in the process.

Gaming characteristics:

• The Metaverser game is an entirely free (free-to-play) game.
• Certain games within the platform may or may not require the gamer to own an NFT in order to play.
• NFTs can be collected through gaming, by earning points (in-game token BABA) for participating in the in-game activities.
• Gamers can also purchase the NFTs from other players, using the in-game Game Center marketplace. None of such NFTs are being sold by Metaverser, and the project doesn't collect any profit from these transactions between the Gamers.
• The BABA token is an in-game token, not susceptible to be transacted on the blockchain, and has no value outside the game. The in-game token is only being used for keeping track of points earned by participating in in-game activities, and it cannot be purchased.
• Gamers may use their earned BABA tokens to buy NFTs and later sell them on the marketplace to earn money as they desire.
• There is no guarantee that a Gamer would receive a prize or that the value of the prizes will be more or less than the BABA token paid by the Gamer.
• Free for whitelist members until the public launch. The whitelist order is based on the registration date and number of referral code shares. After the public launch, new Gamers must hold at least 500 $MTVT in their wallet. They will not need to pay for any additional link to be in the Metaverser, they just need to hold tokens and sell them whenever they want.
• People who own land in Metaverser don't need to hold tokens.

2.3. Gamer's obligations

The Gamer accepts the full responsibility for all activities connected its compliance with the terms of this document. It is at all times the Gamer who is a party to this agreement with us, and who has all rights and obligations set out in this document.

The Gamer accepts that we may contact the Gamer through different means of communication, and provide general marketing information or other information about the Services.

2.4. Usage

Registration process. To play the game, the Visitor will need provide a series of details about themselves: full name, nickname, email address, country of residence, and they must also connect a compatible wallet, and accept these Terms and Conditions. The Gamer agrees and represents that they will use our Services only for themselves and not on behalf of any third party, except for prior approval from us. The Gamer is fully responsible for all activity that occurs under their account/wallet.

Access to third parties. If the Gamer grants express permission to a third party to access or connect to the wallet(s), either through the third party's product or service or through the Game app, the Gamer acknowledges that granting permission to a third party to take specific actions on their behalf does not relieve them of any of your responsibilities under this Agreement. The Gamer is fully responsible for all acts or omissions of any third party with access to the wallet(s) and any action of such third party shall be considered to be an action authorized by the Gamer. Furthermore, the Gamer acknowledges and agrees that they will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party with access to the connected wallet(s).

2.5. The Game Hub

Game Hub is the central place from where the Gamers can choose and play different games in within the platform, and can also trade their NFTs in a dedicated marketplace. The Game Hub is continuously updated with new games and other services.

Fixed price purchase. The NFT can be purchased by the Gamer by submitting a binding NFT order via the order form available on the platform. In the order, the Gamer specifies the NFT he/she wishes to purchase and provides his/her personal data necessary for the performance of the Contract. The submission of the order form shall be deemed an offer to conclude the Contract.

Purchase by auction. The aim of the auction is to sell the selected NFT to the Gamer who offers the best price during the auction. The duration of the auction is indicated by the seller for each NFT. The price of the selected NFT is set as the highest price offered in the auction. The User can place a bid via the Platform. By placing a bid, the User agrees that if his/her bid is the highest at the time the auction closes, an NFT Purchase Contract shall be concluded immediately at that price.

2.6. Prohibited usage

Under all circumstances, the Gamer is strictly prohibited from permitting, assisting or enabling any individual or entity not authorized from accessing or using the Services. In the event that the Gamer's Personal Information is lost or stolen, or if there are reasons to believe that the Services has been accessed by an unauthorized user, the Gamer is required to immediately contact our Support Service. Notwithstanding any provision to the contrary, nothing in this document shall be construed, interpreted or applied to impose responsibility or liability on us or our affiliates for any and all activities arising from the authorized or unauthorized access of the Services.

The following activities are prohibited and will result in immediate Services suspension or cancellation of the Services without the possibility of a refund, but with the possibility for us to impose supplementary fees and/or pursue civil remedies, in case of legal damages:

• Fostering or promotion of illegal, abusive, or irresponsible behavior;
• Misuse of system resources, such as programs that consume excessive network capacity, CPU cycles, or disk IO, disruption or interference of any data system or network, unauthorized collection or use of e-mail addresses, screen names or other identifiers, use of the Services to distribute software that covertly gathers information about a user or covertly transmits information about the user, monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Spam, Unsolicited Bulk Email, Forged Email, Phishing Email, etc;
• Transmission, distribution, or storage of any information, data or material that is protected by copyright, trademark, trade secret, or any other intellectual property rights. Any usage that prompts the receipt of abuse complaints pertaining to violation of any international copyright law will be discontinued;
• Access to other computers or networks without authorization;
• Providing false data on any contract or application: including fraudulent use of credit card numbers;
• Any conduct that is likely to result in retaliation against our network or Game app, including engaging in behavior that results in any server being the target of a DoS attack;
• Any attempt to probe, scan, penetrate or test the vulnerability of our systems or networks, or to breach our security or authentication measures, whether by passive or intrusive techniques;
• Any other activities viewed as illegal or harmful by any jurisdiction;

 

3. INTELLECTUAL PROPERTY RIGHTS

Metaverser owns, has licensed, or otherwise has rights to use all of the content that appears in the Game App and on our website, including original artwork that appears within any Game ("Artwork"). The gaming Tokens do not grant any ownership rights over any Artwork or any of Metaverser's other intellectual property. Each Gamer acknowledges the rights attached to each Gaming Token do not exceed the grant of rights provided by these Terms.

The Gamer hereby also acknowledges and agree that we own the intellectual property rights for the Game app, the logo, the platform, the crypto project in its entirety, for all present and future materials and services, including, but without limitation to, copyrights, patents, trademarks, and trade secrets, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on Metaverser Game app, including menus, web pages, graphics, colors, schemes, tools, the Game app's fonts and design, diagrams, layouts, methods, processes, functions and software which are part of Metaverser Game app, and are protected by copyright and by all other intellectual property rights. The Gamer's possession, access, and use of our services do not transfer to the Gamer, or to any third party, any rights, title, or interest in or to such intellectual property rights.

 

The Gamer must not, without prior written our consent:

• Republish material from the Metaverser Game app.
• Sell, rent or sub-license material from the Metaverser Game app.
• Reproduce, duplicate or copy material from the Metaverser Game app.
• Redistribute content from the Metaverser Game app.

 

4. SECURITY

Confidentiality. Gamer's privacy is important to us and we will abide by our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time.

Processing of personal data. The use of the platform entail collecting and processing of Gamer's personal data that is collected through specific cookies.

We are the Controller and Processor, in accordance with the international data protection regulations. The Gamer can find all the relevant legal details relating to data Protection in the Privacy Policy section of the Game app.

 

5. SPECIAL DISCLAIMER

OUR SERVICES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE PLATFORM's SERVICES, INCLUDING ANY WARRANTY THAT THEY WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF RISK OR ADVERSE ELEMENTS, OR THAT ANY CONTENT, INCLUDING THE CUSTOMER DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

 

6. FAIR PLAY AND BUG REPORTING

Fair play is at the heart of our gaming community. If you discover a bug or glitch in the game, we kindly ask that you report it to us so we can maintain a fair and enjoyable gaming experience for everyone. Exploiting such bugs to gain unfair advantages is considered cheating and will result in account suspension in which all the accumulated XP and $BABA that has been earned through the time of cheating will be fully deducted. Another 50% deduction of overall $BABA income will be decided for penalty. Therefore, once the deduction is done, the account will be unbanned.

However, it's important to note that if a player is caught cheating again after being unbanned, this will result in a permanent ban from Metaverser. We believe in giving players opportunities to learn from their actions, but repeat offenses undermine the integrity of Metaverser, and we are committed to upholding fair play for all.

 

7. LIMITATION OF LIABILITY.

Limitation of liability. If we are held responsible for paying damages to the Gamer as a consequence of breaches of any of the obligations under this Agreement, such damages may in no event include compensation for indirect loss or damages of any kind which may arise as a result of, or in connection with, such breach. Indirect loss includes, but is not limited to, loss of profit of any kind, losses as a consequence of disrupted operations, loss of data, lost savings. Our liability under this Agreement is therefore limited to direct loss, unless otherwise set out in mandatory applicable law, for example, damages due to gross negligence or intent.

If standardized sanctions are agreed, these standardized sanctions shall be the sole and exclusive remedy for the matter and no other claims may be made based on the same situation.

Even though we will use appropriate care to ensure secure transmission of information between the Gamer and the Services, the Gamer recognizes that the Internet is an open system and that we cannot warrant that a third party cannot or will not intercept or alter data during the transmission. We take no responsibility for such unauthorized access to, use or alternation or publication or loss of data. Neither are we responsible for lack of availability of the Services when this is directly or indirectly caused by the Gamer or by circumstances for which the Gamer is responsible or the reconstruction of data regardless of cause.

 

8. FORCE MAJEURE

If the use and execution of the Services are wholly or partly prevented or materially impeded by circumstances beyond the parties' control, both parties' obligations are suspended for as long as the circumstances are relevant and as long as these circumstances last. Each party may, however, terminate the Agreement if the force majeure makes it particularly burdensome for that party to continue the Agreement.

In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or new rules or regulations are adopted after the Services have been made available on the market and this prevents us from fulfilling the Gamer's instructions regarding processing of personal data or other obligations in this Agreement, and/or this requires full or partial termination of access to the Services for a limited or indefinite period of time, this shall be considered as a force majeure circumstance. We are in no way responsible for any such or other force majeure circumstance.

 

9. TRANSFER OF SERVICES

The Gamer is not entitled to transfer all or part of the right to use the Services to another entity. We may fully or partially transfer its rights and obligations under the Agreement to subsidiaries or other companies within the same group, hereunder use these as sub-contractors, provided that this is done in such a manner that it is ensuring compliance with the obligations under all relevant data protection laws from the Gamer's perspective.

 

10. COMPLAINTS

Metaverser shall maintain effective and transparent procedures for the reasonable and prompt

handling of complaints received from the Gamer and shall keep a record of each complaint and the measures taken for its resolution or handling.

The Parties agree to make every reasonable effort for resolving any disputes between them

before commencing any litigation proceedings.

 

11. GOVERNING LAW

This Agreement is governed by and construed in accordance with all the applicable international laws. Exclusive jurisdiction and venue for any action arising under this Agreement are in the Courts of Justice from the headquarters of Metaverser, and both parties hereby consent to such jurisdiction and venue for this purpose. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

 

12. SEVERABILITY

In the event that any provision of these Terms and Conditions 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 these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

13. ENTIRE AGREEMENT

These Terms and Conditions, together with the Privacy Policy and the Risk Policies constitute the entire agreement between the parties concerning any level of contractual relationship.

No change, consent or waiver to this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. Our failure to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.

 

14. ACKNOWLEDGMENT OF TERMS

The Gamer acknowledges that they:

(a) have read this agreement prior to initiation of use of our Services;

(b) understand the terms of this agreement;

(c) have signed this agreement voluntarily requesting the use of our Services;

IN WITNESS WHEREOF, the Parties have executed this Agreement.