Terms of
Service
Last modified; 9/23/2023
Preamble
These Terms of Service (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of https://endworld.io (the "Website"), and the services and materials offered thereon. The Website is owned, operated, and distributed by Metagaming Inc, corporation incorporated and validly operating in the State of Delaware under the “General Corporation Law” with company registration number 87-2918001 having our registered office at 651 N. Broad St., Suite 250, Middletown, New Castle County, DE 19709, United States (hereinafter referred to as “Metagaming”, the "Company", “we”, and through similar words such as “us”, “our”, etc.) and the sole owner of both Ender Protocol and RPG game Endworld.
Through the Website, Metagaming provides an informative and insightful platform that enables Users to learn about Ender Protocol and Endworld.
Even though Metagaming does not require detailed knowledge of blockchain technologies and tokenomics from its Users to navigate through the Website, Metagaming shall not be and cannot be held liable for the damage that occurred due to the lack of knowledge regarding such technologies. It is in the User’s sole discretion to be aware of the facts regarding blockchain technologies and tokenomics and act in accordance with that awareness.
These Terms are entered into by and between you and Metagaming, and together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the Website, as a User, as well as any subdomains and content on the Website.
By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the Website immediately.
Metagaming is fully committed to protecting our Users’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data, in greater detail.
Changes to the Terms
We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion and without any notice.
We reserve the right to update and modify these Terms by providing Users with notice of updates and modifications. In this regard, we will notify you by pop-ups on the Website or any other communication channels which the updates, modifications, or amendments. In the event that such changes impose a payment or similar responsibility on you, we will also obtain your approval for the updated Terms of Use via pop-ups on the Website or any other communication channels. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the Website. If you continue to access or use the Website after the update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Website. The up-to-date version of these Terms can be accessed via Website at any time. It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you.
Definitions
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
User
A natural person who accesses or uses the Website.
Force Majeure Event
Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of Metagaming, or any other event beyond the reasonable control of the non-performing Party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented
Intellectual Property
All statutory and/or common law rights throughout the world in, arising out of, or associated therewith: (i) all patents and applications therefor, and all reissues, divisions, renewals, extensions, continuations and continuations-in-part thereof; (ii) all ideas and inventions (whether or not patentable or reduced to practice), invention disclosures and improvements, all trade secrets, proprietary information, know-how and technology; (iii) all works of authorship, copyrights, mask works, copyright and mask work registrations and applications; (iv) all marks (including brand names, product names and slogans), trade names, logos, trademarks, service marks, and trademark and service mark registrations and applications; (v) all files, data, databases and data collections; (vi) all rights in all computer software and code, including algorithms, application programming interfaces, assemblers, applets, compilers, source code, executable or code, data (including image and sound data), design tools and user interfaces, in any form or format, however fixed (the “Software”); (vii) all websites, user interfaces, and all rights to uniform resource identifiers (including uniform resource locators), website addresses and domain names; (viii) all industrial designs and any registrations and applications therefor; (ix) all other forms of technology, know-how, show-how, methods, models, techniques, designs, design rules, network configurations and architectures, diagrams, documentation, drawings, flow charts, formulae, algorithms, specifications, routines, subroutines, materials, Software, procedures, processes, protocols, devices, prototypes, schematics, test methodologies, software and hardware development tools; (x) any and all similar, corresponding or equivalent rights to any of the foregoing; (xi) all media on which any of the foregoing is recorded and any of the tangible embodiment of any of the foregoing; and (xii) all goodwill associated with any of the foregoing
Intellectual Property Rights
All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents.
Whitepaper
It is an informational document regarding the details the Company which may include the products and services that the Company offers.
Registration
A process to enroll in the Endworld Platform at an early stage to be entitled to certain privileges including but not limited to playable NFTs.
Ender Protocol Platform
Endworld Platform The general platform that is developed and owned by Metagaming Inc. in which users can both engage activities pertaining to the DeFi nature.
The general platform is developed and owned by Metagaming Inc. in which users can access and engage in activities pertaining to RPG Game Endworld.
NFT (s)
Cryptographic assets called Non-Fungible Tokens on a blockchain compliant with the ERC-721 standard with unique identification codes and metadata that distinguish them from each other.
Website Content
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website by Metagaming..
Coverage and Usage of the Website
The Website is an informative, insightful, and supportive platform that enables the User to get familiar with and understand the background, features, and operation of the Metagaming regarding the Ender Protocol Platform and Endworld RPG game, its story, and the updates regarding the Ender Protocol Platform & Endworld game that provides a registration form to register to Endworld Platform at an early stage.
The Registration, in principle, is planned to entitle the registered Users to certain privileges like early access to the Ender Protocol Platform and Endworld game; however sole act of Registration may not qualify the registered Users to certain privileges. The Users may be required to follow certain tasks, such as following Metagaming on social media, along with the Registration in order to be entitled to certain privileges. These tasks appear on the Website; thus, the Users are responsible for reading and acknowledging the instructions regarding the task and fulfilling the task concerned. Metagaming holds the power to change the tasks or privileges that are displayed on the Website while informing the Users by making necessary amendments to the Website.
In addition, the Users can access Whitepaper, information regarding Metagaming’s team, and roadmap via the Website. This information and documents constitute only an introduction to the topics they cover. The Users accept and acknowledge that neither the documents nor any information on them constitute advice, tip, guidance, or prediction regarding an investment decision or any other economic or legal decision.
Through Website, the Users can access social media accounts, including Discord, Facebook, Twitter, Youtube, Instagram, and Medium accounts. The Users acknowledge that by clicking the icons representing each social media account, they are leaving the Website and navigating to a platform that is owned and operated by a third party; thus, the Users understand that they will be subject to terms of use and privacy policies of those platforms on which Metagaming has no influence. Therefore, Metagaming is not and cannot be liable for the damage concerning those social media accounts. Moreover, the Users can apply for vacant positions in Metagaming to be a part of Metagaming team via the Website. While applying those positions Users are required to read and understand the Privacy Policy which is an integral part of this Terms of Use.
The Website is intended solely for personal and non-commercial use by you. Any use of the Website other than for personal and non-commercial purposes is strictly prohibited.
Children under the age of 18 may not use the Website. Metagaming is not and cannot be held liable for the use of the Website by the children below the age of 18.
Communications
By using the Website, you affirmatively consent to pop-up notifications on the Website regarding important announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising activities of Metagaming and third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain administrative notifications related to the Website, your only way to opt out of such messages is to cease using the Website.
Metagaming reserves the right to contact you by e-mail which you reached Metagaming via the channels set forth under Article 19 of these Terms, for e-mail marketing (i.e., informing you of problems with or new features of the Endworld Platform or Website) upon Users’ consent and other related content pursuant to the Data Protection and Privacy section of these Terms and the Privacy Policy. Our any communication in this regard shall be deemed to be received by you on the transmission date of such notification.
Metagaming disclaims all liability for any communication directed to you from any third party directly or indirectly in connection with the Website (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Metagaming assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold Metagaming harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties. Without prejudice to the section titled “Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to United States Privacy Law, the General Data Protection Regulation (the “GDPR”) brought by the European Union, the California Consumer Privacy Act (the “CCPA”) for Users subject to such relevant legislation.
Ownership of Intellectual Property and Contents on the Website
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website by Metagaming (collectively, the “Website Content”) are and will remain the sole and exclusive property of Metagaming.
We retain all right, title, and interest in and to the Website, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other material and content uploaded or incorporated into the Website such as the Website Content, and (iv) all associated trade secrets and other Intellectual Property and Intellectual Proprietary Rights recognized anywhere in the world (collectively, the “Metagaming IP”). The Metagaming IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. Metagaming owns all Metagaming IP, as well as the coordination, selection, arrangement, and enhancement of such Metagaming IP as a collective work under any applicable intellectual property legislation, and all rights on the Website and the Website Content. Metagaming IP is protected by the domestic and international laws regarding copyright, patents, and other proprietary rights.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Metagaming.
Violation of this provision may result in infringement of Intellectual Property Rights of Metagaming, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Website and the Website Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the Website Content, you may contact Metaverse via the channels set forth under Article 20.
Access to Website
Saving the exceptions herein, the User shall have unlimited access to the Website pursuant to these Terms. Metagaming shall make commercially acceptable attempts to guarantee the accessibility of the Website during maintenance of or introduction of new services to the Website, except that Metagaming shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond Metaverse’s realistic control including a Force Majeure Event or any violation of these Terms by the User.
Limitations on Use of the Website
You are solely responsible for all your interactions with the Website or Metagaming on or through the Website.
While using the Website, you may not:
defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of Metaverse, or use information learned from the Website or Website Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of Metaverse or any other person;
breach any international, federal, or local legislation, regulation, rule, or ordinance;
contact Metagaming to share an information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
use the Website for any purpose in violation of applicable local, state, federal, or international law;
spam, phish, pharm, pretext, bot, crawl, or scrape for any scandalous, obscene or immoral purpose;
interfere with or circumvent the safety measures of the Website;
attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Website;
restrict or inhibit any other User from accessing and using the Website;
use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the Website in any manner;
hack or interfere with the Website, its servers, or any connected networks;
adapt, alter, license, sublicense, or translate the Website or the Website Content for your own personal or commercial use;
modify or otherwise make derivative works of the Website Content, or reproduce, distribute, or display the Website Content except as expressly permitted under these Terms;
remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by Metagaming;
use the Website in a manner which is false or misleading (directly or by omission) or for the purpose of accessing or otherwise obtaining Metagaming’s trade secrets for public disclosure or other purposes;
use, transfer, distribute, or dispose of the Website or the Website Content in any manner that could compete with the business of Metagaming; or
cause or induce any third party to engage in the restricted activities listed above. Any use of the Website Content by violating the principles listed above without the prior written permission of Metagaming is strictly prohibited and will terminate these Terms, and your access to the Website automatically. Any such unauthorized use may also violate applicable laws and Metagaming will take appropriate investigative and legal action for such illegal or unauthorized use.
Data Protection and Privacy
Metagaming hereby represents and warrants compliance with all relevant legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Website (jointly, the “Rules”).
Rules include without limitation (i) United States Federal and relevant State laws in regard to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”) brought by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.
Representations Warranties
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to reach the age of majority under the applicable law of the state or jurisdiction of such User’s primary residence).
BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO REACH THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY THESE TERMS, AND THAT YOU WILL SO ABIDE.
Each Party hereby represents and warrants to the other Party that, (i) such Party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each Party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a Party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both Parties.
Metagaming hereby represents and warrants to the User that, (i) it will observe utmost level of care to have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Website hereunder; (ii) is the sole proprietor of the Website and the Intellectual Property Rights (to the extent permitted in these Terms) on the Website and has all legal rights, licenses, and authority to provide the User with the Website as stipulated herein; (iii) the Website shall also comply with all relevant legislations and regulations when used by the User in accordance with these Terms.
The User represents and warrants that (i) all information User shares with Metagaming (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User shares with Metagaming (if any), and (iii) such information, when used for the purposes in which it is submitted onto Metagaming, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, propriatery rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all information that s/he share with Metagaming (if any) and will use the Website solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Website as articulated by the section of Limitations on Use of the Website.
Disclaimer of Warranties
Except as expressly set forth herein, Metagaming does not warrant, or make any representation regarding (i) the results obtained from benefiting the Website Content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the quality of any service, information, or other material acquired or obtained by the User through the Website will meet his/her expectations, and (iii) the Website will be provided on an uninterrupted, secure or error-free basis. The Website (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Metagaming makes no representation concerning the benefits or outcomes obtained from the Website by the User or any third party.
The Website may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. Metagaming cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Website.
Metagaming establishes a storyline to attract Users attention for greater application; this storyline involves fictional and cinematic elements which does not reflect the truth. Thus, the Users accept and acknowledge that the information set out on the Website cannot be taken as a basis for taking any real-life action, including investment.
Nothing on the Website constitutes an offer, advice, guidance on investment, or anything like these, the User shall be aware of the fact that Metagaming does not promise, commits, or is obliged to anything, and the expressions on the Website cannot be interpreted in a way that they are an offer, advice, guidance on investment or anything like these.
For example, the roadmap displayed on the Website is only of an informational nature; thus, Metagaming is not bound by the time limits indicated on the roadmap, and it cannot be taken as a basis for any financial or legal decision. The User acknowledges and accepts that Metagaming is not and cannot be held liable for any damage that may cause due to any information, lack of knowledge, or delay. Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from state to state. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable law.
Limitation of Liability
If Metagaming ‘s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, Metagaming shall not be deemed in breach of its obligations under these Terms.
In no event will Metagaming, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Website, any other websites linked to it and any content on the Website (including the Website Content) or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Metagaming has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User shall defend, indemnify, and hold harmless Metagaming and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Website, the Website Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Metagaming by User via the channels set forth under Article 10 of these Terms is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these
Unlawful Activity and Termination of Access to the Website
Metagaming reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail address (if shared by the User previously), usage history, IP addresses, and traffic information. Metagaming may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Website at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable. You accept, declare, and undertake that you cannot claim any rights or receivables against Metaverse due to any termination pursuant to this provision. The User may terminate these Terms at any time by ceasing to access or use the Website. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Following Termination”.
Following Termination
Upon expiry or termination of these Terms for any reason, all rights of the User shall be terminated instantly.
The following clauses shall survive expiry or termination of these Terms “Definitions”, “Ownership of Intellectual Property and Contents on the Website”, “Disclaimer of Warranty”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Website”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.
Governing Law
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the laws of Delaware, United States, regardless of its conflict of laws rules.
All disputes arising out of or relating to the breach, termination or invalidity of this Agreement, shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these Rules and having their seat of arbitration in Vienna, in proceedings conducted in the English language.
Severability
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
Miscellaneous Provisions
Headings
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Waiver
Metagaming’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
In order to ensure the utmost possible service level, Metagaming reserves the right to interrupt the Website for maintenance, system update or any other change, through informing the Users appropriately.
We will not be liable for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Website to the Users.
Additionally, the Website might not be available due to reasons outside Metagaming’s reasonable control, such as “Force Majeure”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
Non-Exclusivity
These Terms are not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage of either Party by virtue of the authorship on these Terms.
Assignment
Without prior written approval of Metagaming, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.
Metagaming reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the User’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.
Entire Agreement
These Terms constitute the entire agreement between the Parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
Force Majeure
None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms, if a Force Majeure Event prevents them from doing so.
Third-Party Services
The Website may include embedded third-party content or links (such as hyperlinks) to third party websites, resources, contents or services (including external websites that are framed by the Website as well as any advertisement displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by Metagaming (collectively, “Third-Party Services”).
When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that Metaverse is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify Metagaming. The inclusion of any Third-Party Services does not imply any association between Metagaming and their operators.
By using the Website, you expressly relieve and hold Metagaming harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Website or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties. When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Services.
Interpretation
Unless the context requires, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Independent Legal Advice
The User recognizes and accepts that s/he has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
Contact Information
If you have any questions or complaints about these Terms, please contact us through help@metagaming.io
These Terms of Service (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of https://endworld.io (the "Website"), and the services and materials offered thereon. The Website is owned, operated, and distributed by Metagaming Inc, corporation incorporated and validly operating in the State of Delaware under the “General Corporation Law” with company registration number 87-2918001 having our registered office at 651 N. Broad St., Suite 250, Middletown, New Castle County, DE 19709, United States (hereinafter referred to as “Metagaming”, the "Company", “we”, and through similar words such as “us”, “our”, etc.) and the sole owner of both Ender Protocol and RPG game Endworld.
Through the Website, Metagaming provides an informative and insightful platform that enables Users to learn about Ender Protocol and Endworld.
Even though Metagaming does not require detailed knowledge of blockchain technologies and tokenomics from its Users to navigate through the Website, Metagaming shall not be and cannot be held liable for the damage that occurred due to the lack of knowledge regarding such technologies. It is in the User’s sole discretion to be aware of the facts regarding blockchain technologies and tokenomics and act in accordance with that awareness.
These Terms are entered into by and between you and Metagaming, and together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the Website, as a User, as well as any subdomains and content on the Website.
By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the Website immediately.
Metagaming is fully committed to protecting our Users’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data, in greater detail.
Changes to the Terms
We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion and without any notice.
We reserve the right to update and modify these Terms by providing Users with notice of updates and modifications. In this regard, we will notify you by pop-ups on the Website or any other communication channels which the updates, modifications, or amendments. In the event that such changes impose a payment or similar responsibility on you, we will also obtain your approval for the updated Terms of Use via pop-ups on the Website or any other communication channels. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the Website. If you continue to access or use the Website after the update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Website. The up-to-date version of these Terms can be accessed via Website at any time. It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you.
Definitions
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
User
A natural person who accesses or uses the Website.
Force Majeure Event
Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of Metagaming, or any other event beyond the reasonable control of the non-performing Party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented
Intellectual Property
All statutory and/or common law rights throughout the world in, arising out of, or associated therewith: (i) all patents and applications therefor, and all reissues, divisions, renewals, extensions, continuations and continuations-in-part thereof; (ii) all ideas and inventions (whether or not patentable or reduced to practice), invention disclosures and improvements, all trade secrets, proprietary information, know-how and technology; (iii) all works of authorship, copyrights, mask works, copyright and mask work registrations and applications; (iv) all marks (including brand names, product names and slogans), trade names, logos, trademarks, service marks, and trademark and service mark registrations and applications; (v) all files, data, databases and data collections; (vi) all rights in all computer software and code, including algorithms, application programming interfaces, assemblers, applets, compilers, source code, executable or code, data (including image and sound data), design tools and user interfaces, in any form or format, however fixed (the “Software”); (vii) all websites, user interfaces, and all rights to uniform resource identifiers (including uniform resource locators), website addresses and domain names; (viii) all industrial designs and any registrations and applications therefor; (ix) all other forms of technology, know-how, show-how, methods, models, techniques, designs, design rules, network configurations and architectures, diagrams, documentation, drawings, flow charts, formulae, algorithms, specifications, routines, subroutines, materials, Software, procedures, processes, protocols, devices, prototypes, schematics, test methodologies, software and hardware development tools; (x) any and all similar, corresponding or equivalent rights to any of the foregoing; (xi) all media on which any of the foregoing is recorded and any of the tangible embodiment of any of the foregoing; and (xii) all goodwill associated with any of the foregoing
Intellectual Property Rights
All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents.
Whitepaper
It is an informational document regarding the details the Company which may include the products and services that the Company offers.
Registration
A process to enroll in the Endworld Platform at an early stage to be entitled to certain privileges including but not limited to playable NFTs.
Ender Protocol Platform
Endworld Platform The general platform that is developed and owned by Metagaming Inc. in which users can both engage activities pertaining to the DeFi nature.
The general platform is developed and owned by Metagaming Inc. in which users can access and engage in activities pertaining to RPG Game Endworld.
NFT (s)
Cryptographic assets called Non-Fungible Tokens on a blockchain compliant with the ERC-721 standard with unique identification codes and metadata that distinguish them from each other.
Website Content
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website by Metagaming..
Coverage and Usage of the Website
The Website is an informative, insightful, and supportive platform that enables the User to get familiar with and understand the background, features, and operation of the Metagaming regarding the Ender Protocol Platform and Endworld RPG game, its story, and the updates regarding the Ender Protocol Platform & Endworld game that provides a registration form to register to Endworld Platform at an early stage.
The Registration, in principle, is planned to entitle the registered Users to certain privileges like early access to the Ender Protocol Platform and Endworld game; however sole act of Registration may not qualify the registered Users to certain privileges. The Users may be required to follow certain tasks, such as following Metagaming on social media, along with the Registration in order to be entitled to certain privileges. These tasks appear on the Website; thus, the Users are responsible for reading and acknowledging the instructions regarding the task and fulfilling the task concerned. Metagaming holds the power to change the tasks or privileges that are displayed on the Website while informing the Users by making necessary amendments to the Website.
In addition, the Users can access Whitepaper, information regarding Metagaming’s team, and roadmap via the Website. This information and documents constitute only an introduction to the topics they cover. The Users accept and acknowledge that neither the documents nor any information on them constitute advice, tip, guidance, or prediction regarding an investment decision or any other economic or legal decision.
Through Website, the Users can access social media accounts, including Discord, Facebook, Twitter, Youtube, Instagram, and Medium accounts. The Users acknowledge that by clicking the icons representing each social media account, they are leaving the Website and navigating to a platform that is owned and operated by a third party; thus, the Users understand that they will be subject to terms of use and privacy policies of those platforms on which Metagaming has no influence. Therefore, Metagaming is not and cannot be liable for the damage concerning those social media accounts. Moreover, the Users can apply for vacant positions in Metagaming to be a part of Metagaming team via the Website. While applying those positions Users are required to read and understand the Privacy Policy which is an integral part of this Terms of Use.
The Website is intended solely for personal and non-commercial use by you. Any use of the Website other than for personal and non-commercial purposes is strictly prohibited.
Children under the age of 18 may not use the Website. Metagaming is not and cannot be held liable for the use of the Website by the children below the age of 18.
Communications
By using the Website, you affirmatively consent to pop-up notifications on the Website regarding important announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising activities of Metagaming and third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain administrative notifications related to the Website, your only way to opt out of such messages is to cease using the Website.
Metagaming reserves the right to contact you by e-mail which you reached Metagaming via the channels set forth under Article 19 of these Terms, for e-mail marketing (i.e., informing you of problems with or new features of the Endworld Platform or Website) upon Users’ consent and other related content pursuant to the Data Protection and Privacy section of these Terms and the Privacy Policy. Our any communication in this regard shall be deemed to be received by you on the transmission date of such notification.
Metagaming disclaims all liability for any communication directed to you from any third party directly or indirectly in connection with the Website (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Metagaming assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold Metagaming harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties. Without prejudice to the section titled “Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to United States Privacy Law, the General Data Protection Regulation (the “GDPR”) brought by the European Union, the California Consumer Privacy Act (the “CCPA”) for Users subject to such relevant legislation.
Ownership of Intellectual Property and Contents on the Website
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website by Metagaming (collectively, the “Website Content”) are and will remain the sole and exclusive property of Metagaming.
We retain all right, title, and interest in and to the Website, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other material and content uploaded or incorporated into the Website such as the Website Content, and (iv) all associated trade secrets and other Intellectual Property and Intellectual Proprietary Rights recognized anywhere in the world (collectively, the “Metagaming IP”). The Metagaming IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. Metagaming owns all Metagaming IP, as well as the coordination, selection, arrangement, and enhancement of such Metagaming IP as a collective work under any applicable intellectual property legislation, and all rights on the Website and the Website Content. Metagaming IP is protected by the domestic and international laws regarding copyright, patents, and other proprietary rights.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Metagaming.
Violation of this provision may result in infringement of Intellectual Property Rights of Metagaming, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Website and the Website Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the Website Content, you may contact Metaverse via the channels set forth under Article 20.
Access to Website
Saving the exceptions herein, the User shall have unlimited access to the Website pursuant to these Terms. Metagaming shall make commercially acceptable attempts to guarantee the accessibility of the Website during maintenance of or introduction of new services to the Website, except that Metagaming shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond Metaverse’s realistic control including a Force Majeure Event or any violation of these Terms by the User.
Limitations on Use of the Website
You are solely responsible for all your interactions with the Website or Metagaming on or through the Website.
While using the Website, you may not:
defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of Metaverse, or use information learned from the Website or Website Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of Metaverse or any other person;
breach any international, federal, or local legislation, regulation, rule, or ordinance;
contact Metagaming to share an information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
use the Website for any purpose in violation of applicable local, state, federal, or international law;
spam, phish, pharm, pretext, bot, crawl, or scrape for any scandalous, obscene or immoral purpose;
interfere with or circumvent the safety measures of the Website;
attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Website;
restrict or inhibit any other User from accessing and using the Website;
use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the Website in any manner;
hack or interfere with the Website, its servers, or any connected networks;
adapt, alter, license, sublicense, or translate the Website or the Website Content for your own personal or commercial use;
modify or otherwise make derivative works of the Website Content, or reproduce, distribute, or display the Website Content except as expressly permitted under these Terms;
remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by Metagaming;
use the Website in a manner which is false or misleading (directly or by omission) or for the purpose of accessing or otherwise obtaining Metagaming’s trade secrets for public disclosure or other purposes;
use, transfer, distribute, or dispose of the Website or the Website Content in any manner that could compete with the business of Metagaming; or
cause or induce any third party to engage in the restricted activities listed above. Any use of the Website Content by violating the principles listed above without the prior written permission of Metagaming is strictly prohibited and will terminate these Terms, and your access to the Website automatically. Any such unauthorized use may also violate applicable laws and Metagaming will take appropriate investigative and legal action for such illegal or unauthorized use.
Data Protection and Privacy
Metagaming hereby represents and warrants compliance with all relevant legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Website (jointly, the “Rules”).
Rules include without limitation (i) United States Federal and relevant State laws in regard to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”) brought by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.
Representations Warranties
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to reach the age of majority under the applicable law of the state or jurisdiction of such User’s primary residence).
BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO REACH THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY THESE TERMS, AND THAT YOU WILL SO ABIDE.
Each Party hereby represents and warrants to the other Party that, (i) such Party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each Party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a Party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both Parties.
Metagaming hereby represents and warrants to the User that, (i) it will observe utmost level of care to have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Website hereunder; (ii) is the sole proprietor of the Website and the Intellectual Property Rights (to the extent permitted in these Terms) on the Website and has all legal rights, licenses, and authority to provide the User with the Website as stipulated herein; (iii) the Website shall also comply with all relevant legislations and regulations when used by the User in accordance with these Terms.
The User represents and warrants that (i) all information User shares with Metagaming (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User shares with Metagaming (if any), and (iii) such information, when used for the purposes in which it is submitted onto Metagaming, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, propriatery rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all information that s/he share with Metagaming (if any) and will use the Website solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Website as articulated by the section of Limitations on Use of the Website.
Disclaimer of Warranties
Except as expressly set forth herein, Metagaming does not warrant, or make any representation regarding (i) the results obtained from benefiting the Website Content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the quality of any service, information, or other material acquired or obtained by the User through the Website will meet his/her expectations, and (iii) the Website will be provided on an uninterrupted, secure or error-free basis. The Website (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Metagaming makes no representation concerning the benefits or outcomes obtained from the Website by the User or any third party.
The Website may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. Metagaming cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Website.
Metagaming establishes a storyline to attract Users attention for greater application; this storyline involves fictional and cinematic elements which does not reflect the truth. Thus, the Users accept and acknowledge that the information set out on the Website cannot be taken as a basis for taking any real-life action, including investment.
Nothing on the Website constitutes an offer, advice, guidance on investment, or anything like these, the User shall be aware of the fact that Metagaming does not promise, commits, or is obliged to anything, and the expressions on the Website cannot be interpreted in a way that they are an offer, advice, guidance on investment or anything like these.
For example, the roadmap displayed on the Website is only of an informational nature; thus, Metagaming is not bound by the time limits indicated on the roadmap, and it cannot be taken as a basis for any financial or legal decision. The User acknowledges and accepts that Metagaming is not and cannot be held liable for any damage that may cause due to any information, lack of knowledge, or delay. Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from state to state. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable law.
Limitation of Liability
If Metagaming ‘s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, Metagaming shall not be deemed in breach of its obligations under these Terms.
In no event will Metagaming, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Website, any other websites linked to it and any content on the Website (including the Website Content) or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Metagaming has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User shall defend, indemnify, and hold harmless Metagaming and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Website, the Website Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Metagaming by User via the channels set forth under Article 10 of these Terms is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these
Unlawful Activity and Termination of Access to the Website
Metagaming reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail address (if shared by the User previously), usage history, IP addresses, and traffic information. Metagaming may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Website at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable. You accept, declare, and undertake that you cannot claim any rights or receivables against Metaverse due to any termination pursuant to this provision. The User may terminate these Terms at any time by ceasing to access or use the Website. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Following Termination”.
Following Termination
Upon expiry or termination of these Terms for any reason, all rights of the User shall be terminated instantly.
The following clauses shall survive expiry or termination of these Terms “Definitions”, “Ownership of Intellectual Property and Contents on the Website”, “Disclaimer of Warranty”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Website”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.
Governing Law
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the laws of Delaware, United States, regardless of its conflict of laws rules.
All disputes arising out of or relating to the breach, termination or invalidity of this Agreement, shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these Rules and having their seat of arbitration in Vienna, in proceedings conducted in the English language.
Severability
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
Miscellaneous Provisions
Headings
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Waiver
Metagaming’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
In order to ensure the utmost possible service level, Metagaming reserves the right to interrupt the Website for maintenance, system update or any other change, through informing the Users appropriately.
We will not be liable for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Website to the Users.
Additionally, the Website might not be available due to reasons outside Metagaming’s reasonable control, such as “Force Majeure”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
Non-Exclusivity
These Terms are not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage of either Party by virtue of the authorship on these Terms.
Assignment
Without prior written approval of Metagaming, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.
Metagaming reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the User’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.
Entire Agreement
These Terms constitute the entire agreement between the Parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
Force Majeure
None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms, if a Force Majeure Event prevents them from doing so.
Third-Party Services
The Website may include embedded third-party content or links (such as hyperlinks) to third party websites, resources, contents or services (including external websites that are framed by the Website as well as any advertisement displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by Metagaming (collectively, “Third-Party Services”).
When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that Metaverse is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify Metagaming. The inclusion of any Third-Party Services does not imply any association between Metagaming and their operators.
By using the Website, you expressly relieve and hold Metagaming harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Website or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties. When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Services.
Interpretation
Unless the context requires, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Independent Legal Advice
The User recognizes and accepts that s/he has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
Contact Information
If you have any questions or complaints about these Terms, please contact us through help@metagaming.io