Terms of Services
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
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.
SALE OF ASSETS AND GAMES; PAYMENT
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.
Each sales transaction that occurs in The Born To Die Game will be subject to a
fee payable by the purchaser to Z3TA. Such a fee will be automatically applied
as part of the sales transaction.
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’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).
OWNERSHIP OF Z3TA CONTENT
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.
USER CONTENT
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’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’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’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).
● (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’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’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.
FEEDBACK
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.
RESTRICTIONS AND OBLIGATIONS
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:
● Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Z3TA Content, Assets, and Games, except as permitted by these Terms;
● Promote any illegal activity, or advocate, promote or assist any unlawful act;
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
● Transmit any material or content that is pornographic, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal.
● Transmit any material or content that is inappropriate for families or otherwise suitable only for adults.
● Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
● Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
● Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group.
● Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods.
● Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Z3TA’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Z3TA’s computer or networking systems;
● Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); and/or
● Otherwise use the Services for purposes other than those for which they were designed.
● Engage in activity which operates to defraud Z3TA, Z3TA users, or any other person.
● Engage in gambling, casino-style games, or games of chance.
● Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Z3TA Content, Assets, and Games, except as permitted by these Terms;
● Promote any illegal activity, or advocate, promote or assist any unlawful act;
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
● Transmit any material or content that is pornographic, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal.
● Transmit any material or content that is inappropriate for families or otherwise suitable only for adults.
● Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
● Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
● Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group.
● Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods.
● Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Z3TA’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Z3TA’s computer or networking systems;
● Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); and/or
● Otherwise use the Services for purposes other than those for which they were designed.
● Engage in activity which operates to defraud Z3TA, Z3TA users, or any other person.
● Engage in gambling, casino-style games, or games of chance.
DISCLAIMERS; LIMITATION OF LIABILITY
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.
MODIFYING AND TERMINATING THE SERVICE
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.
OTHER WEBSITES AND SERVICES
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.
AMENDMENT
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.