Terms of Use Agreement
Last Updated: December 30, 2022
Thank you for your interest in Mage Labs, Inc.’s (“Mage Labs,” “we,” “us,” “our”) metaverse gaming platform and game, Versus Metaverse. This Terms of Use Agreement (“Agreement”) governs your use of this website, a user portal accessible through https://versusmetaverse.io, and services accessible through the user portal (collectively, “Versus Metaverse”). Please note any contests, sweepstakes, giveaways, or similar type of promotions will be governed by their own terms and conditions. You signify your assent to this Agreement by using Versus Metaverse. Please do not use or continue to access Versus Metaverse if you do not agree to be bound by this Agreement.
YOUR USE OF VERSUS METAVERSE
You are responsible for your use of Versus Metaverse. You must have a parent or legal guardian review this Agreement with you and agree to it on your behalf if you are not of legal age to form a binding contract with us (age 18 in most states). If you have authorized or registered another person to use Versus Metaverse, including a minor, you are fully responsible for that person’s use of Versus Metaverse and the consequences of that person’s misuse of Versus Metaverse. The parent or legal guardian of a minor must affirmatively consent to such minor’s use of Versus Metaverse. You may only use Versus Metaverse in compliance with this Agreement and all applicable laws and regulations.
YOUR VERSUS METAVERSE ACCOUNT
You must have an account to use Versus Metaverse. When you create an account, you will be provided with a unique username that does not identify you personally. We reserve the right in our sole discretion to change and disable any account that does not meet our naming standards.
Your Versus Metaverse account is personal to you and you may not share it or allow any other person to utilize your account. You may not use another person’s Versus Metaverse account. You are responsible for all activities that occur under your account. You must immediately notify us if your registration information changes.
Versus Metaverse may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access Versus Metaverse. If someone else has access to your computer or mobile device the automatic login feature will allow that person to have access to your Versus Metaverse account. You are responsible for all damages resulting from unauthorized access to Versus Metaverse from your account. You must immediately notify us if you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.
PRIVACY
We collect, store, and use data collected from you in accordance with our Privacy Notice, located at https://versusmetaverse.io. The terms and conditions of the Privacy Notice are incorporated into this Agreement.
USER CONTENT
You may have the opportunity to upload and display content on Versus Metaverse (“User Content”). User Content uploaded or provided through Versus Metaverse may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in User Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on User Content. Any unauthorized use of User Content, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. We will not be liable for User Content uploaded or posted to Versus Metaverse by you or any other user.
We do not claim ownership rights in User Content, but by uploading, transmitting, or posting User Content to Versus Metaverse, you hereby grant to us a non-exclusive, transferable, worldwide, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating User Content as part of providing Versus Metaverse. You represent and warrant that you have all rights and authority to grant us the license herein to the User Content you post or upload to Versus Metaverse.
You are responsible for your User Content and for the consequences and liability related to or connected with User Content and your use of any User Content you access or obtain through Versus Metaverse.
We do not pre-screen or approve User Content but we reserve the right to remove User Content that we believe is infringing, offensive, objectionable, or illegal at our sole discretion and without liability to you or any other person.
YOUR LICENSE TO USE VERSUS METAVERSE
We grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use Versus Metaverse for your own personal, non-commercial purposes, subject to your agreement to and compliance with this Agreement. We reserve all rights not otherwise expressly granted by this Agreement. You may not: rent or sell Versus Metaverse to a third party, copy or reverse engineer Versus Metaverse, create derivative works of Versus Metaverse, change or alter User Content or notices, use a bot or other automatic process to harvest information or User Content on Versus Metaverse, introduce a virus or malicious code into Versus Metaverse, use Versus Metaverse to violate a third party’s intellectual property rights, send advertisements or spam using or through Versus Metaverse, use any information in Versus Metaverse to create a competing service, or engage in any activity that violates this Agreement or any applicable law or regulation.
USAGE AND LIMITATIONS
We do not guarantee that Versus Metaverse will be compatible or operate with your computer, Internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access or use Versus Metaverse. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of Versus Metaverse. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of Versus Metaverse and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services.
The quality and availability of Versus Metaverse may be affected by factors outside of our control because Versus Metaverse is provided over the Internet. We will not be liable for damages or losses related to Versus Metaverse being unavailable.
OUR RIGHTS AND OWNERSHIP
We may discontinue or alter any aspect of Versus Metaverse, restrict the time Versus Metaverse is available, install bug fixes, updates, patches, and other upgrades to Versus Metaverse, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using Versus Metaverse if you do not want a modification we make to Versus Metaverse.
Versus Metaverse is our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement or disseminated or distributed to any other person. Our images, trademarks, service marks, logos and other content that we display in Versus Metaverse and all accounts, features, and components of Versus Metaverse are our property. Third party materials in Versus Metaverse are licensed to us and these third parties may enforce their ownership rights against you if you violate the terms of this Agreement. Any feedback or suggestions you give to us about Versus Metaverse is voluntary and we may use such feedback or suggestions in our sole discretion without obligation to you.
DISCLAIMERS
To the fullest extent allowed under applicable law, we expressly disclaim all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant that Versus Metaverse will be malware or virus free. We specifically disclaim any representations that Versus Metaverse will meet your requirements, that access to or operation or use of Versus Metaverse will be uninterrupted or error free, that defects in Versus Metaverse, if any, will be corrected, or that results will be timely, accurate, adequate or complete. Versus Metaverse is provided “as is” and “as available” and we do not guarantee Versus Metaverse’s availability or uptime. We do not warrant or represent that use of Versus Metaverse will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstance will we be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, our total liability for any claims under this Agreement, including for any implied warranties, is limited to the greater of the amount you paid to us during the 6 months prior to the event giving rise to the claim or $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of Versus Metaverse, your breach or alleged breach of this Agreement, your unauthorized use of User Content, unauthorized use of your Versus Metaverse account, or your violation of any rights of any other person.
TERMINATION
This Agreement is effective until you or Mage Labs terminates it. You may terminate this Agreement at any time by discontinuing your use of Versus Metaverse. We may terminate this Agreement at any time and for any reason without prior notice to you, and accordingly, we may deny you access to Versus Metaverse. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of Versus Metaverse and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter.
LINKS
We do not post links to third party websites in Versus Metaverse. If a Versus Metaverse user posts a link in Versus Metaverse, please be aware that we are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites.
COMPLIANCE WITH NON-US LAW
We do not make any representation that Versus Metaverse, User Content, or other material or information provided through Versus Metaverse is appropriate to or available in locations outside of the United States. You may not use Versus Metaverse or export User Content in violation of United States export laws, regulations, or restrictions. If you access Versus Metaverse from outside of the United States, you are responsible for compliance with all applicable laws.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
This Agreement and any claim related thereto will be governed by the laws of Delaware, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in Delaware. You irrevocably submit and consent to the personal jurisdiction of such courts.
We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
This Agreement controls the relationship between Mage Labs and you. This Agreement does not create any third party beneficiary rights.
Our failure to enforce the provisions of this Agreement does not constitute a waiver of our right to enforce them.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement.
In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent for Notice of Claims of copyright infringement at development@magelabs.net.
CHANGES TO THIS AGREEMENT
We reserve the right to change, modify, add, or remove portions of this Agreement. We will post notice of modifications to this Agreement on this page and we will attempt to notify you through your Versus Metaverse account. Changes will become effective immediately (as indicated by the “Last Updated” date above) but will not apply retroactively. If you do not agree to the modified Agreement you should immediately discontinue your use of Versus Metaverse.
If you have any questions or would like further clarification about Versus Metaverse or this Agreement, please e-mail us at development@magelabs.net.