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Terms of Service

This agreement (this “Agreement”) and other documents, policies, schedules, and terms referenced herein (collectively these “Terms”). These Terms constitute a binding contract between you and THE VERSE Gaming Corporation (“Company” or “Our”). It is important for you to read these Terms carefully as they define and explain your rights and obligations. Prior to using Our website, Our related websites, networks, VR applications, software, desktop and mobile applications, and any tools or kits made available to you to develop content for any of the foregoing (collectively the “Platform”) please do read the entirety of these Terms because once you register an account with the Platform, open the Platform, use or access the Platform, or in any way utilize services that may be available through the Platform, you are agreeing to be legally bound by these Terms.

 

IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE PLATFORM AND DO NOT USE ANY SERVICES AVAILABLE THROUGH THE PLATFORM.

PLEASE PAY SPECIAL ATTENTION TO SECTIONS 11 AND 12.

1.The Platform and Background

Company has made available a “virtual” universe through the Platform which you may access through an Oculus VR headset (“Device”); you are welcome to use the Platform in any manner you see fit, as long as it is used in accordance with these Terms.

2.Property and Blockchain Assets

Company makes available virtual land for purchase and may make certain digital property available for purchase. Depending on circumstances such purchases may be made using either traditional payment methods using traditional currencies or, in some instances, may be made using native in-game currency. Company has no obligation to make any purchases available in any particular manner. Purchases of certain Property made on or through the Platform are recorded on a proprietary blockchain. When you purchase any Property (as defined below) on or through the Platform you are granted rights similar to ownership of physical property. This means that you have the right to dispose, trade, give, transfer, or gift your Property as provided for and in accordance with these Terms. Ownership of Land Licenses is managed and recorded on a proprietary blockchain. You do not own any rendering or digital representation of Property on the Platform.

Company owns the Platform. You understand and agree that Company, or licensors, is the legal owner of the Platform. Company holds all legal right, title and interest in all content and elements of the Platform unless otherwise specifically stated herein. Company owns all intellectual property rights in the Platform, including but not limited to all designs, renderings, images, elements, systems, computer code, methods, data, organization, content, services, and information contained in or appearing on the Platform (collectively “Company IP”).

You accept and understand that all Company IP is protected by intellectual property laws, both in the United States and internationally, including laws relating to trademark, trade dress, patent, copy right, international convention and treaty, moral right, proprietary right, and other relevant intellectual property laws. All Company IP is the copyrighted property of Company, or as may be applicable third-party licensors; all trademarks, trade names, trade dress, or service marks relating to, associated with, or contained in the Platform are owned by and the property of Company, or as may be applicable third-party licensors.

Unless specifically stated herein, your use of the Platform shall not grant you any ownership of, right to, or interests in any Company IP, data, code, or content appearing in, on, or through the Platform.

You fully understand and agree that your purchase of any Property, however such purchase was made or came to be, shall not grant you any rights to or licenses in any Company IP, including Company IP which relates to or is associated with your Property, unless specifically otherwise stated in these Terms.

You fully understand and agree that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of Company IP, except as otherwise set forth in these Terms, without our prior written consent of the Company which the Company may grant or withhold at its absolute, sole discretion.

You fully understand and agree that you shall not attempt to apply for, register, exploit, or in anyway use or attempt to use, any trademarks of Company, without the prior written consent of the Company which the Company may grant or withhold at its absolute, sole discretion.

Subject to these Terms, and your continued compliance therewith, Company grants you a limited, personal, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty-free license to access and use the Platform.   

You accept, understand, and agree to the following:

  1. The prices of blockchain and digital assets are highly volatile; any change in market price of such an asset associated with Platform, could materially and adversely affect you and the value of the asset, property, license, or service purchased on or through the Platform. Company does not and cannot guarantee that the ownership of any asset will result in a rise in financial value; company cannot and does not guarantee that the purchase of any asset, property, license, or service purchased on or through the Platform will make you money.

  2. You are solely responsible for determining what if any taxes of any sort you may owe in any jurisdiction. You must independently determine which tax regimes and laws apply to all of your transactions. Company is not responsible for determining the tax liabilities which may result from your transactions

  3. The Company cannot guarantee the security of online transactions or any data stored online; you understand that there are inherent risks which are fundamentally and inherently involved in any online transaction or storage.

  4. There are further risks specifically related to using internet-based currencies and coins including those that function on blockchain networks. These risks are inherent and include, but are not limited to, risk of hardware, software, or internet connection flaws, failures, or outages; risk of the introduction of malicious software; hacking risks; risks that unauthorized third parties may access information and/or access information or assets stored; data loss; server failure, etc. You accept and understand these risks. You accept and understand that you are fully responsible for these risks and any losses which may result from the same. Company is in no way responsible for any of the above risks, or those not listed but inherent in the use of internet-based currency, or for: network or communication failures, disruptions, delays, distortions, or errors which you may experience while using the Platform or the network, however caused.

  5. You understand and accept that market forces, including public interest in the Platform, will determine the value of any asset, property, license, or service purchased on or through the Platform, therefore they may be of no utility or value depending on those market forces. Company cannot and does not control either the value or utility of any asset, property, license, or service purchased on or through the Platform.

  1. Ownership, Licenses, and Restrictions

Company owns all Company IP. You understand, acknowledge, and agree that Company does not authorize you without a written license with Company to make any use of Company IP, unless otherwise explicitly provided herein.

Except as provided herein, all rights, title, interest, and ownership in and to Company IP is reserved by Company. Both international, United States, and foreign law protect the Platform and Company IP.

Company hereby grants you a limited, personal, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty-free license to access and use the Platform conditioned upon your account remaining active and in good standing, and upon your compliance with these Terms; You are hereby granted a limited, personal, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty-free license, conditioned upon your account remaining active and in good standing, and upon your compliance with these Terms, to install and store Company IP on your Device (“Use License”).

You may not charge a third party for using the Platform; you shall not modify, adapt, reverse engineer, decompile, or attempt to discover the source code upon which the Platform runs, or create any derivative works from Company software or of Company software, or otherwise use the software except as expressly provided herein.

Company may make available certain land licenses available for purchase. Land licenses shall grant the holder of the license an exclusive right to make use of and exploit a certain portion of digital land; all land licenses granted by Company shall be limited, personal, revocable, worldwide, exclusive, transferable, sublicensable, assignable, royalty-free licenses to access, use, and exploit a delineated and described plot of digital property conditioned upon your account remaining active and in good standing, and upon your compliance with these Terms (“Land License”).

Company provides access to Company IP and hereby grants you a you a limited, personal, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform the Company IP solely as permitted through the normal functionality of the Platform and pursuant to these Terms, except that photographs, images, films, and videos of Company IP may be used in and outside the Platform as set forth in these Terms. Without limiting the foregoing, you may not use, reproduce, distribute, prepare derivative works of, display or perform any Company IP, whether modified by you or not, on the Platform except as provided explicitly herein or as expressly provided for in an independent written agreement between you and Company (an “Alpha Content License”). You understand and agree that if you should receive an Alpha Content License you shall not acquire any ownership of any copies of Company IP nor shall you acquire any ownership in any Company IP or any interest, title, or intellectual property rights in the Company IP.

No Alpha Content License, notwithstanding any terms, provisions, or language contained in an Alpha Content License shall in any way transfer ownership interest or intellectual property rights in Company IP.

You shall retain any and all intellectual, and other, property rights you already hold under applicable law. You shall further retain any and all intellectual, and other property rights, you may hold under applicable law of User Content you upload, publish, or submit to or through the Platform, subject to rights, licenses, and other terms contained in these Terms.

“User Content” shall include all content shall include all content uploaded, published, or submitted to or through the Platform by you or any other user.

You affirm, represent, and warrant that you own, or have all necessary rights, licenses, consents, and permissions, to User Content you may upload, publish, or otherwise make available on the Platform, as required under these Terms.

Intellectual property rights and law are complex and evolve with time and jurisprudential progress; you should consult a lawyer in the event you have questions or need advice pertaining to a specific situation or your legal rights. You are solely responsible for knowing, protecting, and enforcing any property rights which you may hold; Company shall not and cannot do this on your behalf. You understand, agree, and warrant that Company has absolutely no obligation to protect, enforce, or inform you, of your property rights. Notwithstanding anything to the contrary you agree Company has no responsibility to act, or to refrain from acting, on your behalf as it may relate to your property rights, intellectual and otherwise.

Except as otherwise prohibited by applicable law, you hereby waive and agree to waive any moral rights that you may have in any User Content, even if it is, or has been, modified, altered, in a manner which you find disagreeable. To the extent not otherwise prohibited by applicable law, you irrevocably agree to not exercise any such moral rights which you may not have in any manner which may interfere with the Platform or the exercise of rights granted under these Terms. You understand, agree, and affirm that you shall not receive any remuneration of any sort for any right granted under these Terms from Company. Company shall have no obligation, notwithstanding any provision in these Terms to the contrary, to remunerate you in any way for rights granted under these Terms.

You hereby agree to and grant Company an irrevocable, perpetual, worldwide, cost-free, unrestricted, unconditional, and unlimited right and license to publish, use, copy, record, distribute, modify, reproduce, disclose, display, publicly perform, transmit, broadcast, sell, resell, sublicense, make derivative works of, or otherwise, in any manner, exploit your User Content or any portion thereof, including derivative works thereof, for any purpose of any sort, in all formats, through any medium, currently known or unknown, and to advertise, market, and promote such User Content (“C.U.C. License”).  You agree that the above-described license includes the right to copy, analyze, and use any of your User Content as Company may deem necessary or desirable, at its sole and absolute discretion, for the purposes of debugging, testing, or providing support, or development services in connection with the Platform and future improvements to the Platform.

As stated above, Company has absolutely no obligation to monitor or enforce your property rights, intellectual or otherwise, to your User Content; however, Company shall have, and you grant us, the right to protect and enforce Our rights to your User Content including by bringing and controlling actions in your name and on your behalf, at Company's expense. You consent and agree to irrevocably and perpetually appoint Company your attorney-in-fact with power of substitution and delegation relating to Company’s rights to your User Content.  

You accept, understand, and agree that by uploading, publishing, submitting, or otherwise making available any User Content on Platform, you hereby grant other users of the Platform a non-exclusive license to access any such User Content through the Platform and to use, reproduce, distribute, prepare derivative works of, display, and publicly perform any such User Content on the Platform pursuant to and in accordance with these Terms (“Third-Party Use License”; collectively with “Use License”,  “Limited-Use License”).

If you do not wish to grant users of the Platform a Third-Party Use License, you agree that it is your sole obligation to avoid displaying any User Content publicly on the Platform or otherwise making available any User Content to other users.

In the event that you make an external or otherwise independent agreement with another User, which involves the licensing of User Content or rights to User Content you agree that any such agreement will be consistent with these Terms, that these Terms shall control in the event of any conflict, and that no such agreement can or will modify, nullify, abrogate, or void these Terms.

You accept, understand, and acknowledge that when you receive a Limited-Use License you receive only that license and use rights allowed thereunder. Therefore, you do not acquire any ownership interest or title in any copies of the User Content or Company IP. In no event shall a Limited-Use License transfer copyright, or other intellectual property interest, in Company IP.

You agree that by uploading, publishing, or submitting any User Content to or through the Platform for display in the Platform, you hereby grant other users a non-exclusive, worldwide, royalty- free, sublicensable and transferable license to photograph, capture an image of, film, and record a video of the User Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media subject to the restrictions and requirements of these Terms. (“Verse License”)

Although you may be able to delete your User Content and copies of the same through the normal functionality of Platform and such deletion will terminate the Limited-Use Licenses granted by you in this Section, such termination shall only affect and be valid to those particular copies or instances of User Content that you have deleted from the Platform. You understand and agree that the termination of Limited-Use License relates only to the specific copies of User Content which have been deleted. You understand and accept that this termination will not apply to any other copies or instances of the same User Content that has not been deleted from the Platform.

You accept and understand that the Verse License granted to third-party users and C.U.C. License granted to Company shall in no way be affected by your deletion of any or all copies of User Content from Platform. Such licenses shall survive any deletion from Platform.

You also acknowledge that C.U.C. Licenses granted to Company with respect to your User Content shall survive any User Content deletion by you. Deletion shall in no way affect any C.U.C. Licenses granted to Company.

You agree that you will not publish, or submit to any part of the Platform, any content that is protected by intellectual property rights or laws, or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the User Content and to grant Company and other users of the Platform all of the licenses and rights which are granted by and required under these Terms.

You acknowledge that the content of the Platform is provided or made available to you under license from Company and independent content providers, including other users of the Platform ("Content Providers"). You acknowledge and agree that except as expressly provided in this Agreement, the intellectual property Rights of Company and other Content Providers in their respective Content are not licensed to you by your mere use of the Platform. You must obtain from the applicable Content Providers any necessary license rights in content or User Content that you desire to use or access, unless otherwise provided for in these Terms.

Company and other third parties may use the normal functionality of the Platform, including an applicable permissions system and the copy, modify, and transfer settings, to indicate how you may use, reproduce, distribute, prepare derivative works of, display, or perform their respective content solely through the Platform. You acknowledge and agree that the permissions system and other functionality of the Platform do not grant you any license, consent, or permission to copy, modify, transfer, or use in any manner any content outside the Platform.

You agree that you will not copy, transfer, or distribute outside the Platform any Company IP or User Content which contains any Company IP, in whole or in part, modified or unmodified, except as explicitly allowed under these Terms,

You further agree that you will not copy, transfer, or distribute outside the Platform any User Content that infringes or violates any intellectual property rights of Company, any other user, or any third party.

Company reserves the right, but is not obligated, to use technological measures designed to prohibit the copying, transfer, or distribution of User Content outside the Platform when we in good faith believe that such copying, transfer, or distribution would or might violate the rights of users, Company, or third parties.

You reproduce and use content and User Content at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any User Content in violation of any intellectual property rights or law. You agree that Company will have no liability for, and you agree to defend, indemnify, and hold Company harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any User Content or Content.

4.Account

Except for certain portions of the websites which Company allows users to access without registration, you must have an Oculus account (“Account”) to use the Platform. You agree to provide accurate, current, and complete information about yourself as prompted by the registration process ("Registration Information") and to use the account setting tools provided by Oculus to keep your Registration Information current and accurate.

You shall not allow any third party to access Platform through your Account or Device.

You are solely responsible for all activities conducted through your Account whether or not you authorize the use of your Device, Account, or the activities. In the event of any breach of these Terms by any third party using your Device or Account, whether or not such breach was caused by you, Company may terminate your Account (or Accounts) or your access to the Platform as described in Section 7.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device. 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 or Account Name. You will immediately notify us of any unauthorized use of your Account, password or username, or any other breach of security related to the Platform.

Company 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 failure, or inability, to follow your obligations under this Section.

Without limiting any other rights or remedies of Company, Company may exercise its termination or suspension rights as provided in Section 7 in the event of any failure to make timely payment.

5.Representations

You represent and warrant:

  1. You have read these Terms and, where necessary and appropriate, consulted independent legal counsel to assist you in understanding the entirety of these Terms;

  2. You fully understand these Terms;

  3. These Terms constitute a binding contract between you and Company;

  4. You are competent to agree to these Terms and of the age of legal majority in the jurisdiction in which you reside;

  5. You are not subject to any court order, injunction, consent order, probation condition, or similar obligation which would prevent you from accessing the Platform or interacting with its users;

  6. You use this Platform at your own risk;

  7. You have no right to allow third parties to access Platform through your Account or on your behalf;

  8. You have truthfully and completely provided Company all required information to create and maintain your Account;

  9. You are the true and only user of Your Account;

  10. You have read and understood any third-party terms, policies, and agreements provided to you by your Device provider (“DPT”);

  11. You are, do, and shall abide by any and all such DPT;

  12. You [whatever else you may want/delete]. 

6.User Conduct & Content

Although Company strongly believes in a free universe, your conduct and content is regulated. Specifically, you have agreed to certain terms of service with certain entities, including but not limited to: Meta Platforms, Inc., Facebook Ireland Limited, or Facebook Inc.

All of these terms (collectively “Meta Terms”) are available at: https://www.oculus.com/legal/terms-of-service/.

You represent and warrant that you have read all such Meta Terms and have agreed to them accordingly.

These Meta Terms are incorporated by reference herein.

You shall abide by all such Meta Terms.

For the sake of clarity, it is reiterated that you may not submit, post, upload, perform, or make available content or use the Platform in any manner which:

  • In any way violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

  • In any way exploits, harms, or attempts to exploit or harm minors in any manner exposing them to inappropriate content, seeking personal identifiable information, or otherwise endangering a child;

  • Is deceptive, fraudulent, illegal, tortious, violent, threatening, hateful, or harassing;

  • In any way violates these Terms;

  • In any way inhibits or restrict another user’s enjoyment of the Platform as determined by Company;

  • Contains any malicious code, spyware, virus, trojan horse, malware, adware, corrupt files, or any other program designed to damage, interfere with, or otherwise interrupt the functionality of the App, servers, telecommunications networks, etc.; or

  • Impersonates any other user, person, or entity.

In the event Company determines you have violated any portion of this Section, or any terms or agreements incorporated herein by reference, your Account and access to the Platform may be terminated without notice.

You understand and accept that any violation of this Section is to be determined solely at Company’s absolute discretion.

7.Termination

You may terminate these Terms by suspending your Account(s) or your access to Platform at any time for any reason. Company may suspend or terminate your Account or access to Platform at any time for any reason. In such event, Company shall have no further obligation or liability to you under these Terms or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

Company may suspend your Account or access to Platform if you violate these Terms, along with any or all other Accounts held by you or otherwise related to you, as determined by Company in its discretion. Your violation of these Terms shall be deemed to apply to all such Accounts. Upon termination of your Accounts, these Terms between us will be automatically terminated and you may not re-subscribe or return to the Platform through other or future Accounts you or others may set up.

We may terminate your Account or access to Platform if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of Company, the Platform community, or any third party.

If Company elects to generally suspend or discontinue the Platform, in whole or in part, for any reason, Company may terminate your Accounts. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that Company will have no liability to you in connection with such suspension or termination.

Upon termination of your Account or your access to Platform (collectively “Termination”), you will no longer be able to access your Account or access (or transfer or direct the transfer to any other Account) any User Content or data you have stored on the Platform through the Platform. All licenses granted by Company to use the Platform, will automatically terminate.

You should ensure that you have only stored User Content on the Platform which you are willing to permanently lose access. You acknowledge and assume the risk of the possibility of termination of your Account as provided in these Terms, and you represent that you will make your decisions to participate in the Platform, contribute User Content, spend your money and dispose of transferable licenses at all times knowingly based upon these risks.

Upon Termination, you will remain liable for any unpaid amounts owed by you to Company.  

The provisions of these Terms which by their nature should survive your suspension or Termination will survive, including the rights and licenses you grant to Company pursuant to these Terms, as well as to the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and severability.

8.Repurchase, Termination, and Property

In the event of Termination, you agree to assign and transfer all rights, title, and interests, you may have under any Land Licenses granted to you by any party. Notwithstanding anything to the contrary, you shall have no right to payment or remuneration of any sort for any such transfer or assignment to Company of your Land Licenses.

Company may, but has no obligation to, make available to you, at Company’s sole and absolute discretion, limited access (“FSA”) to the Platform in order to dispose of your Land Licenses to other users. In no event, shall company grant FSA for a period longer than 30 days after Company notifies you of Termination.

In the event your Land Licenses are granted to Company, as described in this Section. Company may, at Company’s sole and absolute discretion, attempt to sell such Land Licenses to other users. Company has no obligation to do so, nor any obligation to conduct the sale in any particular form or manner, nor any obligation to maximize price paid for any such Land License, nor to ensure that payment is affected in any particular manner or denominated in any particular currency.

In the event Company should attempt to sell such Land Licenses and such Land Licenses are purchased by other users, Company shall pay the purchase price of the sold Land Licenses to your connected PayPal account. In the event you do not have a connected PayPal account You shall have no right to any payment or remuneration of any sort.

Company may offer you the opportunity (directly or through an applicable Payment Service Provider) to purchase or use tokens, services, or items ("Virtual Goods and Services"; collectively with Land License “Property”). Company may modify, revalue, or make the Virtual Goods and Services more or less common, valuable, effective, or functional.

Company is not responsible for repairing, replacing or restoring access to Platform, or Virtual Goods and Services, or providing you with any credit or refund or any other sum, in the event of: (a) Company's change, suspension or termination of any aspect of Platform or Virtual Goods and Services; (b) termination or suspension of your Account or your access to Platform; or (c) for loss or damage due to Platform or server error, or any other reason.

9.DMCA

In accordance with the Digital Millennium Copyright act, 17 U.S.C. § 512, (the “DMCA”), Company has implemented the following policy. In the event any owner of intellectual property believes that User Content or Content infringes on their intellectual property rights, please submit a notification of any such allegedly infringing content to THEVERSE@proximacentauri.co including the following: a description identifying the copyrighted work allegedly infringed; a description reasonably precise to allow Company to identify the allegedly infringing material; information sufficient enough to allow Company to contact you; a statement that you have a good faith belief that the content complained of is indeed infringing on your intellectual property rights; a statement under penalty of perjury that the information contained in your Notice is true and accurate, and that you are either the owner of the allegedly infringed copyrighted material or authorized to act on the owner’s behalf;  and a signature of the owner of the exclusive right which has been allegedly infringed, or a the signature of a party legally authorized to act on the owners behalf. In the event that Company’s policy is in conflict with 17 U.S.C. § 512(c)(3), that subsection of the statute shall control.

10.Privacy and Personal Information

For specific information relating to how we use your data and information please read Company’s Privacy Policy. By agreeing to these Terms you are agreeing to all other agreements referenced herein and agree to allow the Platform and Company to use any information or data We collect in accordance with Company’s Privacy Policy.

11.Disclaimers, Releases, and Limitations on Liability

THE PLATFORM, PLATFORM CONTENT, AND USER CONTENT ARE ALL PROVIDED TO YOU AS IS AND AS AVAILABLE, WITHOUT A WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF SUCH CONTENT.

WE DO NOT CREATE ANY USER CONTENT AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT WARRANTIES EXPRESSLY PROVIDED BY COMPANY THAT ARE INCLUDED IN THESE TERMS.

WE DO NOT GUARANTEE ANY MANNER OF ANY INTERACTION OR COMMUNICATION WITH ANOTHER USER NOR DO WE GUARANTEE COMPATIBILITY.

WE DO NOT MAKE ANY WARRANTIES OR GUARANTEES AS TO EITHER THE AVAILIBILITY, SECURITY, OR ERROR-FREE FUNCTIONALITY OF THE PLATFORM.

SHOULD ANY OF THE FOREGOING BE UNENFORCEABLE OR INVALID IN THE STATE IN WHICH YOU RESIDE, THEN COMPANY GRANTS THE MINUMUM WARRANTY, EXPRESS OR IMPLIED, AS ALLOWABLE BY PLATFORMLICABLE LAW.

YOU USE THE PLATFORM AT YOUR OWN RISK AND SHOULD EXERCISE CAUTION.

NEITHER COMPANY, NOR ANY OF ITS SUBSIDIARIES OR AFILLIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, OR CONTRACTORS, WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF INCOME, PROFIT, OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, HOWEVER CAUSED, WHETHER ARISING FROM EQUITY OR LAW, AND WHETHER SOUNDING IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY RIGHTS, STATUTORY RIGHTS, PRODUCTS LIABILITY, OR OTHERWISE.

YOU FULLY UNDERSTAND AND AGREE THAT YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM TO THE FULLEST EXTENT ALLOWED UNDER THE LAW. IF THE LAW OF YOUR STATE DISALLOWS DISCLAIMER OF IMPLIED WARANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THIS MAY NOT PLATFORMLY TO YOU. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE OR INVALID IN YOUR STATE, OR IN ANY FUTURE ACTION, ALL OTHER PORTIONS SHALL SURVIVE, AND YOU AGREE COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

12.Indemnification

You agree to hold harmless and indemnify Company and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Platform, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Platform. You agree that Company will have control of the defense or settlement of any such claims.

13.General and Miscellaneous Provisions

Under no circumstances may you assign any rights, benefits, or obligations arising from these Terms without the express written permission of Company. Any attempted assignment that fails to comply strictly with this paragraph shall be void. Notwithstanding, Company may assign or delegate any or all of its rights or obligations arising from these Terms to any third party at Company’s sole discretion.

 

Company may make changes to these Terms from time to time; in the event we change these Terms we will make any updated terms available at theverse.fun; further, we will alter the “Last Updated” date accordingly. You agree that such is adequate notice of any changes to these Terms. It is your responsibility to stay informed of the then-current Terms. Terms are effective when posted and your continued access to or use of the Platform will constitute binding acceptance of such Terms. In the event you do not agree to any revised or updated terms immediately cease using the Platform and do not access the Platform.

 

You acknowledge and agree that the form and nature of the Platform, and any part of it, may change from time to time without prior notice to you, and that Company may add new features and change any part of the Platform at any time without notice; these changes may affect you.

 

These Terms and all other agreements incorporated by reference herein, without any limitation, constitute the entire agreement of You and Company. These Terms and any other agreements incorporated herein by reference, or created by operation of any of the provisions of these Terms, shall supersede all prior agreements between You and Company.

 

Any disputes or disagreements arising herefrom or related hereto, including any disagreements or disputes arising from or related to any agreements incorporated herein by reference, shall be governed by the laws of the State of Arizona, without regard to its choice of law and conflict of law principles. Any and all disputes or disagreements arising herefrom or related hereto, including any dispute arising from or related to any agreement incorporated herein by reference, shall only be brought in the federal or state courts located in Phoenix, Arizona. You and Company forever and irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the litigation of such disputes, as such disputes may arise.

 

In the event any term or provision of these Terms is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Unless otherwise specified herein or contained in an agreement incorporated herein by reference, Company shall not accept or consider any criticism, advice, or idea of any kind relating to the Site. you agree to not send, communicate, or otherwise cause to be transmitted to Company, or its agents or employees, any unsolicited criticism, advice, or idea. Any unsolicited communication which is caused to be transmitted or in any way communicated to Company shall not create any obligations of any sort on Company, nor shall such communications confer any rights to you. Company shall not have any obligation to keep or in any way preserve any unsolicited communications which it in any manner receives. You expressly agree and understand that Company shall own, and may use in any manner, any unsolicited communication it may receive from you. Under no circumstances shall you retain any rights or ownership interest whatsoever in any unsolicited communication you may cause to be communicated or in any way transmitted to Company. You expressly waive all claims you might have arising from or relating to any use whatsoever by Company of your unsolicited communications.

 

All irregularly capitalized terms are defined within these Terms, such terms shall have the same meaning whether used in the singular or plural. Usage of articles before defined terms is stylistic, in the event that the usage of article before a defined term would alter the meaning of a sentence, such sentence should be interpreted as if the article was omitted.

 

Section headings used herein are for convenience and shall be of no legal effect.

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