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These Terms of Use (the “Terms”) set forth the terms and conditions under which ZetaVerse Labs Ltd, and its subsidiaries and affiliates (collectively, “Zeta”, “us”, “our”, or “we”), BornToDieGame (an IP owned by Zeta and represented by Zeta) and you (“you” or “your”) agree to be governed as it relates to any of your activity in The Born To Die Game, a decentralized, community-driven platform created and owned by Z3TA (“The Born To Die Game”). These Terms govern your access to, use of, and interaction with The Born To Die Game, including any content, functionality, and services offered on or through The Born To Die Game and your creation of any Assets and/or Games (defined below) (collectively, the “Services”).
Please read these Terms carefully before you start to use The Born To Die Game. By using The Born To Die Game, you accept and agree to be bound and abide by these Terms.
The Born To Die Game is offered and available to users who are 18 years of age or older. By accessing or using The Born To Die Game, you represent and warrant that you are of legal age to form a binding contract with Z3TA and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use The Born To Die Game
The Born To Die Game enables users such as you to earn, buy, transfer, and trade unique digital game assets (each, an “Asset” and together, the “Assets”), which can then be used on The Born To Die.
By utilizing our Services, you affirm that you are aware and acknowledge that Z3TA is a non-custodial provider of software services that has developed and distributed The Born To Die Game where the Services occur without any involvement or actions taken by Z3TA or any third-party.
You may make your Asset eligible to be sold in The Born To Die Game marketplace. You and Z3TA shall mutually agree on the price for the Asset in The Born To Die Game marketplace. You will control the scarcity of the Asset in The Born To Die Game marketplace. Any revenue earned in The Born To Die Game marketplace for sales of the Asset, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your Asset.
If you elect to purchase and/or sell Assets and/or Games on The Born To Die Game, any financial transactions that you engage in will be conducted solely through the Ethereum network. Z3TA has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, Z3TA 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 on The Born To Die Game.
If you elect to purchase and/or sell Assets and/or Games on The Born To Die Game, any financial transactions that you engage in will be conducted solely through the Ethereum network. Z3TA has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, Z3TA 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 on The Born To Die Game.
As between you and Z3TA, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on Z3TA&spos;s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of The Born To Die Game (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or creation of any Assets and/or Games).
By using the Services, you will encounter “Z3TA Content”, which includes all of the images, text, information, data, audio, video, graphics and other material included on, or otherwise made available through the Services, excluding your Assets and/or Games. Except as otherwise set forth in these Terms, we do not claim ownership over your Assets and/or Games.
All Z3TA Content is owned by Z3TA or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Z3TA and its licensors, Z3TA or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Z3TA Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Z3TA or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any Z3TA Content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark, or other intellectual property rights of Z3TA or any third party. We reserve all rights not expressly granted to you in these Terms.
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Z3TA Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Z3TA Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to Z3TA or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, recompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that Z3TA may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.
1.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user&spos;s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 1.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
1.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
1.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
● (3.a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates 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) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another&spos;s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
● (3.b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user&spos;s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
1.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section Error! Reference source not found., and/or reporting you to law enforcement authorities.
1.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
We appreciate your feedback and suggestions about our Services, and you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
It is important to Z3TA that the Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not use the Services to:
NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY Z3TA ON AN “AS IS” AND “AS AVAILABLE” BASIS. Z3TA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, Z3TA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Z3TA DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, Z3TA WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, Z3TA'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
At any time and without notice, Z3TA reserves the right to modify or stop offering all or part of the Services. Z3TA may, in its sole discretion and at any time, refuse anyone who requests access to The Born To Die Game, terminate your rights and/or block or prevent your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your Assets in accordance with these Terms.
The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by Z3TA. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. Z3TA may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. Z3TA may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.
Z3TA reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.
