Terms of Service
Last Updated: 2021-07-20
NFT Platform Ltd (the “Foundation”), acting for the benefit of the Genesis community as a whole, holds the intellectual property rights over, and makes available, all aspects of the Genesis platform, sites, and tools, including, but not limited to, websites, game clients, SDKs, marketplaces, development tools, and smart contracts, which with and any other features, tools and/or materials made available from time to time by the Foundation are referred to herein as "Genesis".
- accept and agree to be bound by these Terms;
- accept that Genesis is still in testing phase and that you use at your own risk, as further explained in Section 2 below;
- represent that you are old enough to use Genesis pursuant to Sections 3 and 9 below;
- accept and agree the Content Policy, available here https://hub.gamecredits.org/content; and
- any additional terms, rules and conditions of participation issued by the Foundation from time to time.
If you do not agree to the Terms, then you must not access or use Genesis.
The Foundation makes Genesis available free of charge in order to allow different interactions with the Genesis platform, a decentralized virtual world.
Genesis is governed by its community and the Foundation. For further information please see https://hub.gamecredits.org/.
The Foundation has no continuing obligation to operate Genesis and may cease to operate one or more components of Genesis in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.
With respect to the source code of the software of Genesis that has been released under an open source license, such software code must be used in accordance with the applicable open source license terms and conditions. Other similar tools might be developed in the future by the community or third parties.
Genesis is 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 Genesis.
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. Genesis is a global platform and by accessing the Content or Genesis, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access both the Content and Genesis and enter into arrangements as provided by Genesis. You further represent that you are otherwise legally permitted to use Genesis in your jurisdiction including owning cryptographic tokens, and interacting with Genesis or Content in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that the Foundation 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 Genesis 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 in Genesis 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 Genesis and all information provided by you to such third party provider (including without limitation, email or phone number). The Foundation bears no responsibility for any breach of security or unauthorized access to your account (the "Account"). You are advised to:
- 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
- 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, the Foundation may terminate your Account (or Accounts) 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 the Foundation of any unauthorized use of or access to your Account, password, or other breach of security at firstname.lastname@example.org, however you accept that due to the nature of Genesis, The Foundation will likely be unable to remedy any issues that arise.
The Foundation 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.
The Foundation 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 Genesis 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 Genesis.
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 Genesis is at your sole risk. Genesis 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 the Foundation has no control over, and no duty to take any action regarding: which users gain access to or use Genesis; what effects Genesis may have on you; the tokens, Worlds and Land you own; how you may interpret or use Genesis; or what actions you may take or fail to take as a result of having been exposed to Genesis. You release the Foundation from all liability for your inability to access to Genesis or any Content therein. The Foundation is not and cannot be responsible for and makes no representations, warranties or covenants concerning any content contained in or accessed through Genesis, and the Foundation will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Genesis.
5.2 Sophistication and Risk of Cryptographic Systems
By utilizing Genesis or interacting with Genesis or 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), World (the ERC-1155 token associated with each world) GENESIS (the ERC-20 token that allows users to claim parcels of Land and trade with each other within Genesis), 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) and blockchain-based software systems.
5.3 Risk of Regulatory Actions in One or More Jurisdictions
The Foundation, GENESIS, Worlds, Land, Matic, 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 Genesis or Ethereum blockchain.
5.4 Risk of Weaknesses or Exploits in the Field of Cryptography
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 Genesis, which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. To the extent possible, the Foundation intends to undertake reasonable measures to update the protocol underlying Genesis to account for any advances in cryptography and to incorporate additional security measures that the Foundation should become aware of, but the Foundation does not guarantee or otherwise represent that the Foundation can provide security for the system. By using Genesis you acknowledge and agree to undertake these risks.
5.5 Volatility of Crypto Assets
Some portions of Genesis allow the use of GENESIS, ETH, MATIC or other similar blockchain technologies. You acknowledge and agree that GENESIS, Ether, Matic 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. The Foundation 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; the Foundation does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the Foundation 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 the Foundation 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.
5.6 Application Security
You acknowledge and agree that Genesis 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 Genesis or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through Genesis. You further expressly acknowledge and agree that Ethereum applications can be written maliciously or negligently, that the Foundation 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 the Foundation in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing Genesis.
5.7 Third Party Providers
The Foundation neither owns nor controls MetaMask, Ledger Wallet, the Mist browser, Google Chrome, the Ethereum network, the Polygon 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 Genesis. The Foundation shall not be liable for the acts or omissions of any such third parties, nor shall the Foundation 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 your World token, GENESIS token, or Land parcel related transactions, and any other transaction conducted by you. The Foundation does not, and will not, have any insight into or control over any transactions conducted by you in Genesis, and thus is not responsible for determining the taxes that apply to your transactions entered through Genesis or otherwise involving any World token, GENESIS token, or Land parcel, or any other related transaction, and is not to act as a withholding tax agent in any circumstances whatsoever.
5.9 Uses of Genesis
You acknowledge and agree that Genesis does not store, send, or receive World tokens, GENESIS tokens, or Land parcel tokens. This is because tokens exist only by virtue of the ownership record maintained on Genesis's supporting blockchain in the Ethereum and Polygon networks. Any transfer of World tokens, GENESIS tokens, or Land parcels occurs within the supporting blockchain in the Ethereum network, and not within Genesis.
5.10 Risks of Changes to Platforms
Upgrades by Ethereum to the Ethereum platform, Polygon to the Polygon platform, a hard fork in the Ethereum or Polygon platform, or a change in how transactions are confirmed on the Ethereum or Polygon platforms may have unintended, adverse effects on all blockchains using the ERC-20 standard, ERC-721 standard, or any other future Ethereum standard.
6.1 Transactions on Third-Party Networks
If you elect to purchase, trade, or sell a World, Land parcel, Avatar, wearable or other non-fungible token (“NFT”) with or from other users via Genesis, any financial transactions that you engage in will be conducted solely through the Ethereum network, Polygon network or other sidechains via Web3 providers. The Foundation 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, the Foundation 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 Genesis, or any other transactions that you conduct via the Ethereum network, and other networks, sidechains or Web3 providers.
6.2 Transaction FeesEthereum 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 Genesis. You accept that the payment of the Gas Fee is inherent to the nature of the Ethereum network and alien to the Foundation or due to the use of Genesis.
6.3 Transaction Costs
Transactions taking place in the World sale will derive in a 10% GAME fee (the "World Sale Transaction Cost") calculated over the amount of GAME involved in such transactions. Such World Sale Transaction Cost will be borne by the participants to the transaction.
6.4 Personal Responsibility
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 Genesis (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 Genesis). Except for income taxes levied on the Foundation, you:
- will pay or reimburse the Foundation 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
- shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to the Foundation pursuant to these Terms.
The Foundation may make changes to the Terms from time to time. When the Foundation makes changes, the updated Terms will be made available through a website within Genesis 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 Genesis 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 Genesis.
You affirm that you are over the age of 13, as Genesis is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, 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 OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE TOOLS 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).
10.1 YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND TOOLS. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND TOOLS 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 TOOLS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE TOOLS 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 THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES, 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 THE FOUNDATION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR TOOLS; THE USE OR THE INABILITY TO USE THE SITE OR TOOLS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR TOOLS; ANY ACTIONS THE FOUNDATION 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 TOOLS); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR TOOLS 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 TOOLS. 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 THE FOUNDATION 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, THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR ACCESS TO OR USE OF THE TOOLS WILL MEET YOUR REQUIREMENTS,
- YOUR ACCESS TO OR USE OF THE TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- USAGE DATA PROVIDED THROUGH THE TOOLS WILL BE ACCURATE,
- THE TOOLS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE TOOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
- THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE TOOLS WILL BE SECURE.
10.4 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE FOUNDATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE.
10.5 THE FOUNDATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES WILL 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:
- USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS;
- SERVER FAILURE OR DATA LOSS;
- CORRUPTED WALLET FILES;
- 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 TOOLS, ETHEREUM NETWORK, OR THE METAMASK OR OTHER ELECTRONIC WALLET.
10.6 WORLDS AND 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. THE FOUNDATION HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS.
10.7 GAME AND GENESIS TOKENS 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. THE FOUNDATION HAS NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS. THE FOUNDATION MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL OR OTHERWISE DEAL IN GAME OR GENESIS TOKENS.
10.8. THE FOUNDATION IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE ETHEREUM OR POLYGON NETWORKS 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 THE FOUNDATION, ITS OFFICERS, EMPLOYEES, DIRECTORS, 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 THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 YOU AGREE THAT THE FOUNDATION’S 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 TOOLS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO THE FOUNDATION UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
11.3 YOU ACKNOWLEDGE AND AGREE THAT THE FOUNDATION HAS MADE THE TOOLS 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. THE FOUNDATION WOULD NOT BE ABLE TO PROVIDE THE TOOLS 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 Ownership of Intellectual Property
All title, ownership and Intellectual Property Rights in and to Genesis are owned exclusively by the Foundation or its licensors. The Foundation holds the Intellectual Property Rights for the benefit of the Genesis community as a whole. You acknowledge and agree that Genesis contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Foundation in Section 13, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create Derivative Works based on Genesis, in whole or in part. The Foundation's exclusive ownership shall include all elements of Genesis, and all Intellectual Property Rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with Genesis), design, systems, methods, information, computer code, software, "look and feel", organization, compilation of the content, code, data, and all other elements of Genesis (collectively, the "Foundation Materials") are owned by the Foundation, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All the Foundation Materials are the copyrighted property of the Foundation or its licensors, and all trademarks, service marks, and trade names contained in the Foundation Materials are proprietary to the Foundation or its licensors. Except as expressly set forth herein, your use of Genesis 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 Genesis. The Foundation reserves all rights in and to the Foundation Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree:
- that any "purchase" of a world, token, or parcel, whether via Genesis or otherwise, does not give you any rights or licenses in or to the Foundation Materials (including, without limitation, the Foundation’s copyright in and to the art and drawings associated with the world, token, or parcel, or with Genesis and content therein) other than those expressly contained in these Terms; and
- that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Foundation Materials (including, without limitation, the Foundation’s copyright in and to the art and drawings associated with Genesis and content therein) in any way without the Foundation’s prior written consent in each case, which consent the Foundation may withhold in its sole and absolute discretion.
12.2 Feedback and Contributions
You may choose to submit comments, bug reports, ideas or other feedback about Genesis, including without limitation about how to improve Genesis (collectively, "Contribution"). By submitting any Contribution, you agree that the Foundation is free to use such Contributions at the Foundation’s discretion and without additional compensation to you, and to disclose such Contributions to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license under all rights necessary for us to incorporate and use your Contributions for any purpose, including, but not limited to, to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Contribution and its Source in Source or Object form.
12.3 Code of Conduct
You acknowledge and agree that you are responsible for your own conduct while accessing or using Genesis, and for any consequences thereof. You agree to use Genesis 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:
- 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;
- 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;
- impersonate another person (via the use of an email address or otherwise);
- use Genesis to violate the legal rights (such as rights of privacy and publicity) of others;
- engage in, promote, or encourage illegal activity (including, without limitation, money laundering);
- interfere with other users' enjoyment of Genesis;
- exploit Genesis for any unauthorized commercial purpose;
- 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;
- modify, adapt, translate, or reverse engineer any portion of Genesis;
- remove any copyright, trademark or other proprietary rights notices contained in or on Genesis or any part of it;
- reformat or frame any portion of Genesis;
- stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with any other person on Genesis;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Genesis or the Content posted on Genesis, or to collect information about its users for any unauthorized purpose;
- 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 Genesis by other Users, or to otherwise disrupt or modify Genesis or the experience of any users on Genesis;
- create user accounts by automated means or under false or fraudulent pretenses;
- attempt to gain unauthorized access to any other user's Account, password or Content; or
- access or use Genesis for the purpose of creating a product or service that is competitive with Genesis.
13.1 Grant of Copyright License.
Subject to the terms and conditions of this Open Source 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.
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 the Work shall terminate as of the date such litigation is filed.
You may not reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, unless you meet all the following conditions:
- the modification to the Work, reproduction of the Work, and/or distribution of the Work or Derivative Works shall only be in service of the Foundation's goals, and shall not be used for a purpose of creating a product or service that is competitive with Genesis.
- modifications to the Work and the Derivative Works thereof shall not infringe the Foundation's Privacy and Content Policies, nor allow the infringement of said policies or of Section 12.3 above, and require any further Contributor to abide by these limitations;
- any modifications to the Work or the Derivative Works cannot 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;
- you must give any other recipients of the Work or Derivative Works a copy of this License;
- you must cause any modified files to carry prominent notices stating that you changed the files;
- 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;
- 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.
The Foundation may provide less restrictive terms at any time. The Foundation waives all copyright and related rights to sections 1 to 20 of this document via [CC0](https://creativecommons.org/publicdomain/zero/1.0/).
13.4 Submission of Contributions.
Unless explicitly stated otherwise, any Contribution intentionally submitted for inclusion in the Work grants to the Foundation and its Licensors, without any additional terms or conditions, 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 Contribution and its Source in Source or Object form, and 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 Contribution.
You are solely responsible for your Contribution and you represent and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize us to exploit the license that you grant to the Foundation hereunder; and
- Your Contribution, and the use of your Contribution as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) require the Foundation to obtain any further licenses from or pay royalties or compensation or other amounts or provide any attribution to any third parties; (iv) result in a breach of contract between you and a third party; or (v) cause the Foundation to violate any law or regulation.
You must not Provide any Contribution if you are not the owner of or are not fully authorized to grant rights in all of the elements of the Contribution you intend to Provide. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Provide such sound recordings unless you have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to the Foundation under these Terms. You agree to pay all monies owing to any person as a result of Providing your Contribution.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Foundation and/or its Licensors.
13.6 Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, the Foundation 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 or the Foundation 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 or the Foundation 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 or the Foundation, and only if you agree to indemnify, defend, and hold each Contributor and the Foundation harmless for any liability incurred by, or claims asserted against, such Contributor or the Foundation by reason of your accepting any such warranty or additional liability.
Genesis provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because the Foundation has no control over such sites, applications and resources, you acknowledge and agree that the Foundation, its officers, and employees 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 the Foundation, its officers, and employees, 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 Genesis. The Foundation may decide to terminate or suspend all or part of Genesis and your access to Genesis 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 the Foundation, in its sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your Account(s) for Genesis. You agree that any suspension or termination of your access to Genesis may be without prior notice, and that the Foundation (and its officers, directors, and employees) will not be liable to you or to any third party for any such suspension or termination. If the Foundation 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 Foundation 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 Genesis or that is related to your Account, and you acknowledge that the Foundation 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 Genesis 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 (as this term is defined in the Content Policy) or the Intellectual Property Rights of a person on whose behalf you are authorized to act has been infringed, please provide the Foundation's Copyright Agent 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 Genesis;
- 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.
The Foundation's Copyright Agent can be reached at email: email@example.com
Upon receipt of your notice, the Foundation shall determine if the alleged infraction to the Intellectual Property Right has taken place and shall notify the infringing user. As the Foundation does not control the Content being uploaded by the users, if the user does not accept to withdraw the infringing content, the Foundation may take any of the following measures, (i) block the infringing Content so as to render it inaccessible through Genesis (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
18.1 Initial Dispute Resolution
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.
18.2 Binding 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:
- the number of arbitrators shall be three (one nominated by each party and one nominated by the ICC);
- 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);
- the seat, or legal place, of arbitration shall be the City of Seattle, Washington, USA; and
- 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.
18.3 Class Action Waiver
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 THE FOUNDATION 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.
18.4 Exception - Litigation of Intellectual Property and Small Court Claims
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.
18.5 30-day Right to Opt Out
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: firstname.lastname@example.org. Your notice must be sent within 30 days of your first use of Genesis, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, the Foundation also will not be bound by them.
18.6 Changes to this Section
The Foundation 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 the Foundation shall be governed by the laws of the state of Washington, USA, without regard to conflict of law provisions.
For any dispute not subject to arbitration you and The Foundation agree to submit to the exclusive jurisdiction of the courts with seat in the city of Seattle, Washington, USA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
19.1 Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that the Foundation may post on Genesis) constitute the entire agreement between you and the Foundation with respect to Genesis and supersedes any prior agreements, oral or written, between you and the Foundation. 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.
19.2 Waiver and Severability of Terms
The failure of the Foundation 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.
19.3 Statute of Limitations
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 Genesis or the Terms must be filed within one (1) year after the first time such claim or cause of action arose or be forever barred.
19.4 Section Titles
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 Genesis may contact us using the relevant contact information set forth above and at email@example.com.
The following definitions shall apply only to Section 13 of the Terms:
"Contribution" shall mean any work of authorship, including the original version of Genesis and any modifications or additions to that Work or Derivative Works thereof, that is submitted to Licensor for inclusion in Genesis 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 Genesis, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean the Foundation and/or any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within Genesis.
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) Genesis 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, Genesis 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 Genesis, made available under the License, as indicated by a copyright notice that is included in or attached to the work.