Terms of Use
Decentral Games holds the intellectual property rights over the services and information which with any other features, services and/or materials made available from time to time by Decentral Games are referred to herein as the "Site". Please read these Terms of Use (the " Terms" or "Terms of Use") carefully before using the Site. To access the games, you will be accessing Decentraland Foundation, which you may find its terms here. By using or otherwise accessing the Site, you: (1) accept and agree to be bound by these Terms; (2) accept that the services are still in testing phase and that you use at your own risk, as further explained in Section 2 below; (3) represent that you are old enough to use the Site pursuant to Sections 3 and 9 below; (4) consent to the collection, use, disclosure and other handling of information as described in the Privacy Policy, available here; (5) any additional terms, rules and conditions of participation issued by Decentral Games and Decentraland Foundation from time to time. If you do not agree to the Terms, then you must not access or use the services or the Site.
The services and the Site are still in testing phase and are provided on an "as is" and "as available" basis and may contain defects and software bugs. You are advised to safeguard important data, property and content, to use caution, and to not rely in any way on the correct or secure functionality or performance of the services and the Site.
Except for Section 17, providing for binding arbitration and waiver of class action rights, Decentral Games reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site and services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. Decentral Games is a global platform and by accessing the Sites or services, you are representing and warranting that it is legal for you in your jurisdiction as is required to access such content and enter into arrangements as provided by the Site. You further represent that you are otherwise legally permitted to use the Site and services in your jurisdiction including owning cryptographic tokens, and interacting with the Site and related materials or information in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Decentral Games is not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.
Access to some areas of the Site is provided via a third party private key manager selected by you (e.g., a Web3 Provider, Metamask, a USB interface for Ledger Wallet, the Mist browser, or other). Security and secure access to each account is provided solely by the third party private key manager you select to administer your private key. You and the third party private key manager you select are entirely responsible for security related to access of the services and all information provided by you to such third party provider (including without limitation, email or phone number). Decentral Games bears no responsibility for any breach of security or unauthorized access to your account (the "Account"). You are advised to: (a) avoid any use of the same password with your selected third party private key manager that you have ever used outside of the third party private key manager; and (b) keep your password and any related secret information secure and confidential and do not share them with anyone else.
You are solely responsible for all activities conducted through your Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, your Account (or Accounts) may be terminated as described in Section 15.
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account.
You must immediately notify Decentral Games of any unauthorized use of or access to your Account, password, or other breach of security at [email protected], however you accept that due to the nature of the services, Decentral Games will likely be unable to remedy any issues that arise.
Decentral Games will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part
Decentral Games cannot and will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your Account.
Transactions that take place using the services are confirmed and managed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction using the services.
If you reside in a jurisdiction where online gambling is banned (such as the United States of America, China and South Korea) you must refrain from accessing content which includes online gambling.
You acknowledge and agree that your use of the services and the Site is at your sole risk. The services and the Site are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that Decentral Games has no control over, and no duty to take any action regarding: which users gain access to or use the services; what effects the services may have on you; the NFT you own; how you may interpret or use the services; or what actions you may take or fail to take as a result of having been exposed to the services. You release Decentral Games from all liability for your inability to access to the Site, services or any content therein. Decentral Games is not and cannot be responsible for and makes no representations, warranties or covenants concerning any content contained in or accessed through the Site, services, and Decentral Games will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
By utilizing the services, the Site or interacting with the platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20), DG (the ERC-20 token that allows users to have the voting rights and govern Decentral Games), MANA (the ERC-20 token that allows users to claim parcels of LAND and trade with each other within Decentraland), LAND (the ERC-721 token, associating each LAND parcel's x and y coordinates with a definition of a parcel's 3D scene that makes up the larger metaverse), DAI (the ERC-20 token) and blockchain-based software systems.
Decentral Games, DG, MANA, DAI, LAND and ETH could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the services or Ethereum blockchain.
You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, cryptocurrencies and the services, which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. To the extent possible, Decentral Games intends to undertake reasonable measures to update the protocol underlying the services to account for any advances in cryptography and to incorporate additional security measures that Decentral Games should become aware of, but Decentral Games does not guarantee or otherwise represent that Decentral Games can provide security for the system. By using the services you acknowledge and agree to undertake these risks.
Some services allow the use of DG, DAI, MANA, ETH or other similar blockchain technologies. You acknowledge and agree that DG, DAI, MANA, Ether and blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain. Decentral Games does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets; Decentral Games does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that Decentral Games cannot be held liable for changes and fluctuations in value or increased costs.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Decentral Games will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network or any sidechain or similar device for processing transactions, however caused.
You acknowledge and agree that the Site, the services and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Site, services or content and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the services. You further expressly acknowledge and agree that Ethereum applications can be written maliciously or negligently, that Decentral Games cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by Decentral Games in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the services or the Site.
Decentral Games neither owns nor controls MetaMask, Ledger Wallet, the Mist browser, Google Chrome, the Ethereum network, any Web3 Provider or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the services. Decentral Games shall not be liable for the acts or omissions of any such third parties, nor shall Decentral Games be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
You are solely responsible for determining what, if any, taxes apply to any of your transactions, and any other transaction conducted by you. Decentral Games does not, and will not, have any insight into or control over any transactions conducted by you in Decentral Games and Decentraland, and thus is not responsible for determining the taxes that apply to your transactions entered through the services or otherwise involving any transaction, and is not to act as a withholding tax agent in any circumstances whatsoever.
You acknowledge and agree that the services do not store, send, or receive any tokens. This is because tokens exist only by virtue of the ownership record maintained on the services' supporting blockchain in the Ethereum network. Any transfer of tokens occurs within the supporting blockchain in the Ethereum network, and not within the services.
Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, ERC-721 standard, or any other future Ethereum standard.
6.1 If you elect to purchase, trade, or sell a LAND parcel, Avatar, wearable or other non-fungible token (“NFT”) with or from other users via the services, any financial transactions that you engage in will be conducted solely through the Ethereum network or other sidechains via Web3 providers. Decentral Games will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, Decentral Games will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the services, or any other transactions that you conduct via the Ethereum network, and other networks, sidechains or Web3 providers.
6.2 Ethereum requires the payment of a transaction fee (a " Gas Fee") for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the services. You accept that the payment of the Gas Fee is inherent to the nature of the Ethereum network and alien to Decentral Games or due to the use of the services.
6.3 Transactions taking place in the Marketplace will derive in a 2.5% MANA-burn (the "Marketplace Transaction Cost") calculated over the amount of MANA involved in such transactions. Such MANA-burn cost will be borne by the participants to the transaction. All MANA spent under the Marketplace Transaction Cost will be burned (removing it from circulation) and shall not be collected by, or accrue to the benefit of Decentral Games, or any other party whatsoever.
6.4 You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the services (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of any NFT and any activity conducted by you in Decentral Games and Decentraland). Except for income taxes levied on Decentral Games, you: (i) will pay or reimburse Decentral Games for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to Decentral Games pursuant to these Terms.
Decentral Games may make changes to the Terms from time to time. When Decentral Games makes changes, the updated Terms will be made available through the Site and update the "Last Updated" date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the services or the Site after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you must not access or use the services or the Site.
You affirm that you met the legal age in your jurisdiction to use the Site and services. IF YOU HAVE NOT MET YOUR LEGAL AGE, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES OR THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
TO ACCESS CERTAIN CONTENTS, YOU WILL NEED TO HAVE A MINIMUM AGE AS DETAILED IN THE CONTENT POLICY.
IN ALL CASES INVOLVING ONLINE GAMBLING YOU MUST BE OLDER THAN 18 YEARS (OR THE MINIMUM LEGAL AGE IN YOUR PLACE OF RESIDENCE).
You shall release and indemnify, defend and hold harmless Decentral Games and its officers, directors, employees and representatives from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the services or the Site, your violation of these Terms of Use, and any of your acts or omissions. Decentral Games reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Decentral Games in the defense of such matter.
10.1 YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DECENTRAL GAMES, ITS DIRECTORS, OFFICERS AND EMPLOYEES, DECENTRALAND FOUNDATION, NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF DECENTRAL GAMES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICES; THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; ANY ACTIONS DECENTRAL GAMES TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.2 DECENTRAL GAMES HEREBY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT.
10.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DECENTRAL GAMES, ITS DIRECTORS, OFFICERS AND EMPLOYEES , AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (III) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE.
10.4 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT DECENTRAL GAMES, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND THE DECENTRALAND FOUNDATION HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE.
10.5 DECENTRAL GAMES, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND DECENTRALAND FOUNDATIONWILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, ETHEREUM NETWORK, OR THE METAMASK OR OTHER ELECTRONIC WALLET.
10.6 LAND PARCELS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. DECENTRAL GAMES HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS.
10.7 DG, DAI, MANA ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. DECENTRAL GAMES HAS NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS. DECENTRAL GAMES MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL OR OTHERWISE DEAL IN DG, MANA AND DAI.
10.8. DECENTRAL GAMES IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
11.1 YOU UNDERSTAND AND AGREE THAT DECENTRAL GAMES, ITS OFFICERS, EMPLOYEES, DIRECTORS, DECENTRALAND FOUNDATION, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF DECENTRAL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 YOU AGREE THAT DECENTRAL GAMES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO DECENTRAL GAMES UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
11.3 YOU ACKNOWLEDGE AND AGREE THAT DECENTRAL GAMES HAS MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. DECENTRAL GAMES WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
11.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
12.1 All title, ownership and Intellectual Property Rights in and to the Site and the services are owned exclusively by Decentral Games or its licensors. Decentral Games holds the Intellectual Property Rights for the benefit of the Decentral Games’ community as a whole. You acknowledge and agree that the Site and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Decentral Games in Section 13, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create Derivative Works based on the Site and the services, in whole or in part. Decentral Games's exclusive ownership shall include all elements of the Site and services, and all Intellectual Property Rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with services), design, systems, methods, information, computer code, software, "look and feel", organization, compilation of the content, code, data, and all other elements of the Site and the services (collectively, the "Materials") are owned by Decentral Games, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Decentral Games Materials are the copyrighted property of Decentral Games or its licensors, and all trademarks, service marks, and trade names contained in Decentral Games Materials are proprietary to Decentral Games or its licensors. Except as expressly set forth herein, your use of the Site and the services does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Site and the services. Decentral Games reserves all rights in and to Decentral Games Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that any "purchase" of a parcel, whether via the services or otherwise, does not give you any rights or licenses in or to Decentral Games Materials (including, without limitation, Decentral Games’s copyright in and to the art and drawings associated with the services and content therein) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of Decentral Games Materials (including, without limitation, Decentral Games’s copyright in and to the art and drawings associated with the services and content therein) in any way without Decentral Games’s prior written consent in each case, which consent Decentral Games may withhold in its sole and absolute discretion.
12.2 You may choose to submit comments, bug reports, ideas or other feedback about the Site or the services, including without limitation about how to improve the services (collectively, "Feedback"). By submitting any Feedback, you agree that Decentral Games is free to use such Feedback at Decentral Games’s discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
12.3 You acknowledge and agree that you are responsible for your own conduct while accessing or using the Site and the services, and for any consequences thereof. You agree to use the Site and the services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, post, upload, transmit, distribute, disseminate or otherwise make available any content in violation of the content Policy, including without limitation, content that infringes the Intellectual Property Rights of any party and any content that contains any hate-related or violent content or contains any other material or products that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (ii) distribute viruses, worms, defects, Trojan horses, spyware, time bombs, cancelbots, corrupted files, hoaxes, or any other items of a destructive or deceptive nature, or that may harvest or collect any data or information about other users without their consent; (iii) impersonate another person (via the use of an email address or otherwise); (iv) use the Site or the services to violate the legal rights (such as rights of privacy and publicity) of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users' enjoyment of the Site or the services; (vii) exploit the Site or the services for any unauthorized commercial purpose; (viii) post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other similar form of solicitation; (ix) modify, adapt, translate, or reverse engineer any portion of the services; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the services or any part of it; (xi) reformat or frame any portion of the Site or the services; (xii) stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Site or the services; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site, the services or the content posted on the services, or to collect information about its users for any unauthorized purpose; (xiv) use any cheats, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the services by other Users, or to otherwise disrupt or modify the services or the experience of any users on the services; (xv) create user accounts by automated means or under false or fraudulent pretenses; (xvi) attempt to gain unauthorized access to any other user's Account, password or content; or (xvii) access or use the services for the purpose of creating a product or service that is competitive with the services.
13.1 Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. The following services are not subject to the provisions of this Section 13, and are of proprietary nature of Decentral Games.
13.2 Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If you institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to you under this License for that Work shall terminate as of the date such litigation is filed.
13.3 Redistribution.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that you meet the following conditions: (i) modifications to the Work and the Derivative Works thereof shall not infringe Decentral Games's Privacy Policy, nor allow the infringement of said policies or of Section 12.3 above, and require any further Contributor to abide by these limitations; (ii) any modifications to the Work or the Derivative Works can only take place until six (6) months have elapsed since the release of the relevant Work or Derivative Works by the Contributor to the general public; (iii) you must give any other recipients of the Work or Derivative Works a copy of this License; (iv) you must cause any modified files to carry prominent notices stating that you changed the files; (v) you must retain, in the Source form of any Derivative Works that you distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; (vi) if the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add your own attribution notices within Derivative Works that you distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add your own copyright statement to your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of your modifications, or for any such Derivative Works as a whole, provided your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
13.4 Submission of Contributions.
Unless explicitly stated otherwise, any Contribution intentionally submitted for inclusion in the Work by you to Decentral Games and/or its licensors shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Decentral Games and/or its licensors regarding such Contributions.
13.5 Trademarks
This License does not grant permission to use the trade names, trademarks, service marks, or product names of Decentral Games and/or its licensors.
13.6 Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Decentral Games and/or its licensors provide the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with your exercise of permissions under this License.
13.7 Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
13.8 Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, you may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, you may act only on your own behalf and on your sole responsibility, not on behalf of any other Contributor, and only if you agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
The Site and the services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because Decentral Games has no control over such sites, applications and resources, you acknowledge and agree that Decentral Games, its officers, employees and Decentraland Foundation are not responsible for the availability of such external sites, applications or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Decentral Games, its officers, employees and Decentraland Foundation, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You shall have a right to terminate your Account at any time by canceling and discontinuing your access to and use of the services. Decentral Games may decide to terminate or suspend all or part of the Site and the services and your access to the Site and the services immediately, without prior notice or liability. You will not receive any refunds if you cancel your Account, or if these Terms are otherwise terminated. You agree that Decentral Games, in its sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your Account(s) for the services. You agree that any suspension or termination of your access to the Site or the services may be without prior notice, and that the Decentraland Foundation and/or Decentral Games (and its officers and employees) will not be liable to you or to any third party for any such suspension or termination. If Decentraland Foundation or Decentral Games suspends or terminates your Account due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies the Decentraland Foundation and/or Decentral Games may have at law or in equity. Upon any termination or expiration your Account, whether by you or us, you may no longer have access to information that you have posted on the services or that is related to your Account, and you acknowledge that Decentraland Foundationand/or Decentral Games will have no obligation to maintain any such information in the relevant databases or to forward any such information to you or to any third party. Upon termination of your Account, your right to use the services will immediately cease. The following provisions of these Terms survive any termination of these Terms: REPRESENTATIONS AND RISKS; TRANSACTION AND FEES; INDEMNITY; DISCLAIMERS; LIMITATION ON LIABILITY; PROPRIETARY RIGHTS; LINKS; TERMINATION AND SUSPENSION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
If you believe that your Intellectual Property Rights or the Intellectual Property Rights of a person on whose behalf you are authorized to act has been infringed, please provide Decentral Games a written Notice containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the Intellectual Property Right;
a description of the Intellectual Property Right that you claim has been infringed;
description of where the material that you claim is infringing is located on the services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the Intellectual Property Right, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are Intellectual Property owner or authorized to act on the owner's behalf.
Upon receipt of your notice, Decentral Games shall determine if the alleged infraction to the Intellectual Property Right has taken place and shall notify the infringing user. As Decentral Games does not control the content being uploaded by other users, if the user does not accept to withdraw the infringing content, Decentral Games may take any of the following measures, (i) block the infringing content so as to render it inaccessible through the services (although it could be still accessible through other clients); (ii) terminate the infringing user's Account. Any further action, claim or remedy against the infringing user must be undertaken by the aggrieved user.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce.. The following shall apply in respect of such arbitration: (i) the number of arbitrators shall be three (one nominated by each party and one nominated by the ICC); (ii) the decision of the arbitrators will be binding and enforceable against the parties and a judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereto (provided that in no event will the arbitrator have the authority to make any award that provides for punitive or exemplary damages or to award damages excluded by these Terms or in excess of the limitations contained in these Terms); (iii) the seat, or legal place, of arbitration shall be the British Virgin Islands; and (iv) the language to be used in the arbitral proceedings shall be English, any documents submitted as evidence that are in another language must be accompanied by an English translation and the award will be in the English language. Claimants and respondents shall bear its or their own costs of the arbitration, including attorney's fees, and share equally the arbitrators' fees and ICC's administrative costs. For purposes of cost sharing, all claimants shall be considered one party and all respondents shall be considered one party. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration commenced pursuant to these Terms and shall not disclose the fact, conduct or outcome of the arbitration to any non-parties or non-participants, except to the extent required by applicable Law or to the extent necessary to recognize, confirm or enforce the final award or decision in the arbitration, without the prior written consent of all parties to the arbitration.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DECENTRAL GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: [email protected] Your notice must be sent within 30 days of your first use of the services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Decentral Games also will not be bound by them.
Decentral Games will provide 60-days' notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
These Terms and the relationship between you and Decentral Games shall be governed by the laws of British Virgin Islands, without regard to conflict of law provisions.
For any dispute not subject to arbitration you and Decentral Games agree to submit to the exclusive jurisdiction of the courts with seat in British Virgin Islands, British Virgin Islands. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These Terms (and any additional terms, rules and conditions of participation that Decentral Games may post on the Site or on the services) constitute the entire agreement between you and Decentral Games with respect to the services and supersedes any prior agreements, oral or written, between you and Decentral Games. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
The failure of Decentral Games to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, the services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Site or the services may contact us using the relevant contact information set forth above and at [email protected]
The following definitions shall apply only to Section 13 of the Terms:
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Decentral Games and/or any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"License" shall mean the terms and conditions for the use, reproduction, and distribution of the open source, as defined by Section 13.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Work" shall mean the work of authorship of the services, made available under the License, as indicated by a copyright notice that is included in or attached to the work.