Terms of Service
Please also review Privacy Policy that was last modified: November 24, 2023.
Last Modified: November 24, 2023.
Content:
Conditions
Personal data protection
Services usage
Limited License
Content and content rights
Rules of conduct, general prohibitions, rights of control by METATRACE LTD
Events participation
Lotteries, contests, sweepstakes, surveys and similar promotions
Beta testing
Third-party websites and resources
Disclaimer of Warranties
Limitation of Liability
Dispute Resolution
General provisions
Purchases and refunds
METATRACE LTD is a Company incorporated under the Laws of the Republic of Seychelles, having registration number 234388, and its registered office at: House of Francis, Room 303, Lle Du Port, Mahe, Seychelles (hereinafter — METATRACE LTD).
1. Conditions
We launch AR applications, including games for mobile devices ("Apps"), and manage AR platforms ("Platform"). Please read this METATRACE LTD user agreement of the Terms of Service and any applicable Application manuals (the "Manuals", collectively the "Terms"), as the Terms define the rules for your use of Applications and the Platform. The Terms also regulate your interaction with any sites owned or operated by us (the "Sites"), the purchase of any METATRACE LTD promotional products, participation in face-to-face events and promotions of METATRACE LTD (the "Events") and, more broadly, your use of any METATRACE LTD products and services (which together with the Applications and the Platform are referred to as "Services").
Depending on your country of residence, special conditions may apply to you that differ from the Conditions — read the corresponding section below.
These Terms are concluded between you and the company METATRACE LTD., registered and allowed to carry out activities according to the jurisdiction of the country of registration. In these Terms, METATRACE LTD. collectively referred to as "METATRACE LTD" or "we".
By using the Services, you agree to these Terms and conditions. If you do not agree to these Terms, you are not entitled to use the Services. METATRACE LTD may make changes to these Terms at any time, and if we do so, we will notify you by posting a new version of the Terms on the Website or in the App. It is important that you familiarize yourself with any modified version of the Terms before continuing to use the Services. If you continue using the Services, you will be bound by the Terms in the new edition. If you do not agree to the amended Terms, you cannot use the Services.
SECTION 13 "DISPUTE RESOLUTION" CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF THE RIGHT TO A CLASS ACTION, WHICH AFFECTS YOUR LEGAL RIGHTS. If you are a user from a country of the European Economic Area ("EEA") or another country that does not allow the inclusion of such an arbitration agreement, section 13 does not apply to you.
If you violate these Terms, we may take retaliatory measures against you, including, but not limited to, the cancellation of your account. You acknowledge that METATRACE LTD is not obliged and will not reimburse you for using the Services that you will lose access to as a result of the suspension or cancellation of your account by us.
2. Personal data protection
Our Services are designed so that you can interact in shared game worlds in interaction with the real environment. To ensure the operation of the Services, we need information about you, which we will use only if there are legitimate reasons for this. In order to understand what information we collect, how we use it and what choices you have when using our Services, please review our Privacy Policy.
3. Services usage
3.1. Cheating
METATRACE LTD prohibits gaming fraud — "cheating", and we regularly take actions to improve our anti-cheating measures. Cheating refers to any actions that are aimed at changing or violating the normal operation or rules of the Services that really affect their work. Cheating includes, but is not limited to, the following actions performed on your behalf or on behalf of others:
participation in the game using multiple accounts for one Service;
sharing accounts;
using automated software (e.g. bots, scripts) during the game
using any means of changing or falsifying the location of the device (for example, cheating ("spoofing") GPS systems);
selling accounts or trading them;
any other activity beyond the regular use of the Application.
If METATRACE LTD establishes (or has good reason to suspect) that cheating actions are being carried out from some device, the operation of Applications on such a device may be blocked, and METATRACE LTD will not support players caught trying to cheat. You agree that METATRACE LTD may use any legal ways to detect the facts of cheating, fraud and other actions prohibited by these Terms and Conditions, and to take retaliatory actions in case of detection of such facts, including checking your device for the presence of means of exploiting vulnerabilities (exploit programs) or hacker and (or) other unauthorized programs. For more information, see our Privacy Policy.
3.2. Safety and appropriateness of use
Using our Services, do not forget about others, play and communicate in compliance with security measures. You agree that you use the Services at your own risk, that you will not use the Services to violate any applicable laws, regulations, event rules or instructions specified in these Terms, and will not encourage any other persons to take such actions or provide them with the opportunity to commit such actions.
You also agree not to post any illegal, inappropriate or commercial Content (as defined below) when using the Services. You agree not to report inaccurate, misleading or inappropriate Content, including when reporting or editing data or sending requests for data deletion.
METATRACE LTD does not consider Apps as medical devices or medical consulting tools.
3.3. Your interaction with other people
You agree to maintain safe and proper relationships with other players and with other people from the real world during the use of the Services. You will not harass, threaten or otherwise violate the legal rights of others. You must not violate the boundaries of someone else's property or in any way seek or obtain the right of access to any objects or to any places where you do not have the right or permission to stay, and must not commit other actions that could cause harm to any persons, cause the death of any person or damage property, cause concern or become grounds for bringing to responsibility of any kind. If you have a dispute with any third party regarding your use of the Services, you must protect METATRACE LTD (and our officers, directors, representatives, our subsidiaries, joint ventures and our employees) from liability for any claims and/or compensate them for all property losses (direct and indirect) of any kind of nature, both known and unknown, presumed and unprovoked, disclosed and undisclosed, which will arise from such a dispute or in any way be related to it.
3.4. The right to participate and register accounts
If you want to use any specific Services, you need to create an account — account ("Account"). You also need to have a supported smartphone with the ability to access the Internet. We do not service devices with changed root access or hacked devices.
You can create an Account using (a) our registration system or (b) use another third-party account of your choice supported by us on the account creation page in the App.
You agree not to disclose your Account password to anyone and undertake to notify us immediately in case of any unauthorized use of your Account. METATRACE LTD takes its security obligations seriously; however, you are responsible for all actions performed using your Account, both with or without your knowledge.
3.5. Suspension or deletion of the Account
We may suspend or terminate your access to the Services and your rights to use the Services at any time and without notifying you, including in the following cases: (a) your violation of these Terms and conditions; (b) if we suspect fraud or cheating on your part or if you use the Content or Services for other purposes; or (c) if we suspect any other illegal activity using your Account. If your Account remains inactive (not in use, and no one logs on to it) for some time, we will notify you through the Services or the App before deleting your Account.
You can delete your Account at any time by sending request to our support. Upon termination of access to any Services or deletion of your Account, the following provisions of these Terms will remain in effect: Content Rights, Rights Granted by You, Disclaimer of Warranties, Indemnification, Limitation of Liability, Dispute Resolution, General Terms and this Offer.
3.6. Who can use our Services
Unless otherwise specified for a particular Service, kids are not allowed to use the Services. A "kid" ("child") is a person (a) who has not reached the age of 13 or the age from which consent to the processing of personal data can be provided (for residents of countries outside the EEA, except the Republic of Korea); (b) who has not reached the age of 16 or the age from which consent can be provided to process personal data in one’s country of residence (for residents of the EEA); or (c) under the age of 14 (for residents of the Republic of Korea). The METATRACE LTD website contains information about age restrictions for each of our Apps.
In order for a Kid to gain access to Services that allow kids to participate, the verified consent of the Child's parents or official guardians ("Parents") must be provided. Parents can provide and verify their consent via [email protected] or other third-party authorized provider, which can be accessed through the Service. In cases where parental consent is required, METATRACE LTD recommends that Parents monitor the Kid's online activity and use of the Service.
Purchases through the Services can only be made by Account holders who either (a) have already reached the age at which they are entitled to enter into transactions in their country of residence; or (b) have not yet reached that age, but have received Parental consent to use the Services. Parents can set the App settings in a way that allows them to restrict purchases made through the App by their Kid, and they should monitor the activity in their Kid's Account, including purchases of Virtual Goods.
3.7. METATRACE LTD does not provide you cryptocurrency exchange services or custodian services.
To interact with certain Applications, you should use a third-parties software, allowing you to interact with the blockchains. Please note METATRACE LTD that the use of this third-parties software is on your risk and METATRACE LTD will never be responsible for the actions of third-parties.
3.8. NFT Marketplace.
METATRACE LTD while operating as NFT Marketplace, the present terms are applicable. Marketplace does not provide any financial advice. None of the information that Marketplace provides on the Marketplace Platform or the websites should be regarded as "investment advice" or "recommendation" regarding a course of action, including without limitation, as those terms are used in any applicable law or regulations. Information provided on the Marketplace Platform or the websites as well as the social media of the Marketplace and its representatives is provided with the understanding that (1) Marketplace is not acting in a fiduciary or advisory capacity under any contract with you, or any applicable law or regulation, (2) you will make your own independent decision with respect to any course of action in connection herewith as to whether such course of action is appropriate or proper based on your own judgment and your specific circumstances and objectives, (3) you are capable of understanding and assessing the merits of a course of action and evaluating investment risks independently.
Marketplace does not purport to and does not, in any fashion, provide tax, accounting, actuarial, recordkeeping, legal, broker/dealer or any related services. You should consult your own advisors with respect to these areas and any material with regards to investment decisions. You may not rely on the material contained herein. Marketplace shall not have any liability for any damages of any kind whatsoever relating to this material.
You are solely responsible for determining what, if any, taxes apply to your transactions. Marketplace is not responsible for determining the taxes that apply to your NFTs.
Marketplace is not a financial institution and is not licensed by or under the supervision of any financial supervisory authority and does not provide any licensed financial services such as investment services, capital raising, fund management, management of a collective investment scheme or investment advice.
The website is provided "as is" and on an "as available" basis and we give no warranty that it will be free from defects and/or faults. We make no warranty or representation (express or implied) that it will be fit for any particular purposes, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be continuous, uninterrupted, timely, accurate or error free. Marketplace reserves the right to change any and all content on the Marketplace Platform and on the websites and any Services offered at any time without notice. Reference to any products, services, processes or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with Marketplace (unless so expressly stated to be so).
The Marketplace Platform and the websites may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of your communications.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, METATRACE LTD REFUSES TO ACCEPT ANY RESPONSIBILITY FOR ANY ACTIONS PERFORMED BY A KID ("CHILD") WITHOUT PARENTAL PERMISSION. IF YOU ARE A PARENT AND PROVIDE YOUR PERMISSION TO REGISTRATION (SIGN UP/LOGIN) YOUR KID IN ONE OR MORE SERVICES, YOU THEREBY AGREE TO THE TERMS GOVERNING THE USE OF THE SERVICES BY YOUR KID.
4. Limited License
Subject to your compliance with these Terms and conditions, METATRACE LTD grants you a limited non-exclusive license (without the right to transfer and grant sublicenses) to download and install a copy of the Applications on a mobile device and run such copies of the Applications solely for your own personal non-commercial purposes. Unless expressly permitted by these Terms or applicable law, you may not: (a) copy, modify the Applications or create derivative works based on them; (b) distribute, transfer Applications, sublicense Applications, lease, temporary use or rent them to third parties; (c) restore the source code of Applications by decompiling or disassembling them, or (d) provide access to Application functions to multiple users by any means. METATRACE LTD reserves all rights to the Applications not expressly granted to you by these Terms.
5. Content and content rights
Subject to your compliance with these Terms, METATRACE LTD grants you a personal, non-commercial, non-exclusive, limited license with the right to revoke and without the right to transfer and grant sublicenses to download, view, demonstrate and use Content exclusively for the types of use permitted to you within the Service. "Content" means texts, computer programs, scripts, graphic materials, photographs, sound, music, video materials, audiovisual works, messages, interactive functions, copyrighted works of any kind and informational or other materials that are created, transmitted or otherwise made available through the Services, including User Content. "User Content" ("User-generated Content") means any Content that a user of the Service makes available through the Service.
5.1. Content Rights
METATRACE LTD does not claim any ownership rights to User Content, and nothing in these Terms limits your rights to use its User Content. Subject to the foregoing, exclusive rights, other proprietary and non-proprietary rights to the Services and Content, including all related intellectual property rights, belong exclusively to METATRACE LTD and its licensors. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States of America and other countries. You agree not to remove, modify or conceal any copyright, trademark or service mark notices or any other proprietary notices included in or accompanying the Services or Content.
5.2. Rights granted by you
By providing access to any User Content through the Services, you grant METATRACE LTD a non-exclusive, transferable and sublicensed, worldwide, royalty-free, perpetual license (or, if not permitted by applicable law, a license for the entire duration of exclusive rights under any applicable law, including any of its extensions) for use, copying, modification, use as a basis for the creation of derivative works, public demonstration, public performance, advertising, promotion and distribution of your User Content in connection with the operation of the Services and the provision of Content to you and any third parties. By agreeing to these Terms, you authorize METATRACE LTD to freely benefit from the above rights, including, but not limited to:
reproduce User Content by any means and in any form;
to broadcast publicly or to provide access to User Content (or any product containing User Content) for a fee or free of charge in all places, by any means and by any means that are known or unknown at the moment, in particular, via the Internet, with pay-per-view, with payment for the game, in the format of art or television broadcasting, on DVD and in printed form;
use User Content to demonstrate, promote and advertise all METATRACE LTD Services;
to produce or order the production of any new products or services from User Content or from any product containing or using User Content reproduced in its original form or modified at the discretion of METATRACE LTD or any other person at the choice of METATRACE LTD.
You are solely responsible for all your User Content. You represent and warrant that you have exclusive rights with respect to your User Content or have all the rights necessary to grant us license rights to your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content through the Services, nor any use of your User Content by METATRACE LTD on the Services or through the Services will violate the intellectual property rights of third parties, their rights to publicity or confidentiality and will not cause a violation applicable legislation. To the extent permitted by applicable law, you also agree not to exercise your personal non-proprietary rights (or equivalent rights under applicable law), such as your right to be identified as the author of any User Content, in relation to METATRACE LTD or any third party that MMETATRACE LTD specifies.
5.3. In-game exchange
In a number of Applications, Account holders are allowed to capture virtual objects during the game, including, but not limited to, game characters and other objects ("In-game Exchange Objects"), and exchange them. Unlike Virtual Money and Virtual Goods, in-game exchange objects are obtained by participants during the game at no additional cost. In-game Exchange Objects constitute a category of Content, and You acknowledge that you do not acquire any ownership rights to In-game Exchange Objects and that In-game Exchange Objects do not have monetary value. In-game exchange Objects can be exchanged with other Account holders for other in-game Exchange Objects, but In-game exchange Objects cannot be sold, alienated or exchanged for Virtual Money, Virtual Goods, real goods, real money or real services, or for any other counter provision from our or someone else's side.
You agree that the Objects of in-game exchange can be obtained by you only from other Account holders and with the help of funds provided by METATRACE LTD, and not through some third-party platform, some intermediaries or other mechanisms, unless special permission is granted. Any such sale, alienation or exchange operations (as well as any attempts to do so) are prohibited, and their commission may become the basis for deleting your Account or canceling such in-game Exchange Objects. All in-game exchange Objects and other Content elements are provided "as is", without any guarantees, except in situations where this is prohibited by applicable law.
5.4. Feedback
You can send feedback, comments and suggestions for improving the Services ("Feedback") by contacting us via social networks or through support channels. Feedback is a form of User-generated Content.
5.5. Policy of compliance with the Law on Copyright Protection in the Digital Age and Other copyright legislation
METATRACE LTD complies with copyright laws and expects users to comply with them. METATRACE LTD adheres to the policy of deleting, in appropriate circumstances, the Accounts of those users who violate or may violate the copyright of the copyright holders. For more information, see the METATRACE LTD Copyright Policy.
6. Code of conduct, general prohibitions, rights of control by METATRACE LTD
You agree that you are personally responsible for your behavior and your User Content when using the Services, as well as for all consequences of your actions. In addition, you agree not to perform the following actions, unless the applicable law imperatively requires you to be granted the right to perform them:
to collect and store information about other users on the Services that allows you to establish their identity, and to share such information without their express consent;
extract, collect or index individual elements of Services or Content (including user information or game scenarios);
use the Services or Content or any part thereof for any commercial purposes or in a manner not permitted by these Terms, including, but not limited to, (a) collecting objects or resources embedded in the Apps for sale outside the Apps, (b) providing services in the Apps in exchange for payment outside the Apps, or (c) the sale, resale or rental of Apps or your Account;
attempt to access the Services or Content or search through the Services or Content or download Content from the Services using technologies or means other than those provided by METATRACE LTD or other publicly available third-party browsers (including, without limitation, automation programs, bots, robot search programs, data mining tools or various kinds of hacking tools, agents, engines and devices);
attempt to decrypt, decompile, disassemble or otherwise open the software used for the operation of the Services and the transmission of Content;
circumvent, eliminate, deactivate, descramble or otherwise overcome any technical means that METATRACE LTD or any METATRACE LTD contractors or other third parties (including other users) use to protect the Services or Content;
use, demonstrate, copy or display the Services or any of their individual elements, the name of METATRACE LTD, any trademarks, logos of METATRACE LTD or other information that is the property of METATRACE LTD, or the markup and design of any page or any Application in the absence of the express written consent of METATRACE LTD;
post, publish, communicate or transmit any Content that violates, misuses or infringes on any patent rights, copyrights, trademark rights, trade secrets, personal non-property rights or other intellectual property rights or rights to publicity or confidentiality of any third-party;
to gain access to non-public sections of Services, METATRACE LTD computer systems or technical means of delivery of METATRACE LTD providers, hack their protection or use them;
try to find vulnerabilities in any METATRACE LTD systems or networks or Services, hack information security systems or authentication tools;
use meta tags or other types of hidden text or metadata that contain trademarks, logos, URLs or product names of METATRACE LTD, without the express written consent of METATRACE LTD;
forge any TCP/IP packet headers or any part of the header information in any e-mail messages or posts in thematic conferences or in any way use Services or Content to send information with a modified, misleading or false indication of the source of the information;
interfere with or attempt to interfere with any user's access to the host or network, including, but not limited to, by introducing a virus, provoking overload, overflow, spam mailings or other mail attack on the Services;
delete, hide or in any way change any attribution (copyright), warnings or links in the Services or Content;
violate any applicable laws or regulations;
incite someone to commit or give someone the opportunity to commit any of the above actions.
METATRACE LTD is not obliged to monitor access to or use of the Services or Content, or to check, or edit any Content, we have the right to do so in order to ensure the normal operation of the Services, compliance with these Terms, as well as all applicable laws and other regulatory requirements. We reserve the right to remove any Content or block access to any Content at any time and without prior notice. METATRACE LTD may remove any Content that we deem questionable or in violation of these Terms. We have the right to conduct checks on violations of these Terms or actions affecting the Services. We can also contact law enforcement agencies and assist them in bringing to justice users and other persons who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE OPERATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TO ENDANGER THE LEGITIMATE OPERATION OF ANY SITE OR APPLICATION OR TO USE THE SITES OR APPLICATIONS FOR YOUR OWN PURPOSES IS A VIOLATION OF THE METATRACE LTD USER AGREEMENT OF THE TERMS OF SERVICE AND MAY BE QUALIFIED AS A VIOLATION OF THE LAW, ENTAILING CRIMINAL AND CIVIL LIABILITY.
7. Participation in Events
7.1. Registration and Event tickets
The term "Events" means any personal meetings, meetings, actions, etc., organized, hosted or managed by METATRACE LTD, as well as any Promotions (defined below). By registering or, when required, purchasing tickets for an Event, you represent and guarantee that the information you provide is reliable and accurate. If you register or purchase tickets on behalf of others, you represent and warrant that you have all the rights and consents necessary to register and communicate this information for others.
Taking into account the norms of the current legislation and the exceptions provided for in these Terms, tickets for Events are not subject to refund or exchange and cannot be transferred to other persons. To gain access to the Event, a reasonably acceptable identity document may be required, for example, a driver's license or passport with the name and surname in the form in which they were indicated when submitting a preliminary application for participation. Resale or attempt to resell tickets entails their cancellation without refund of the ticket price. Tickets received from unauthorized suppliers may be invalid, lost, stolen or counterfeit and will not be accepted. Lost, stolen or destroyed tickets cannot be replaced. Commercial use of tickets is prohibited without the written consent of METATRACE LTD, Tickets cannot be returned either for cash or with funds offset against future purchases. You agree to comply with any published restrictions on the number of tickets; Any orders that exceed or violate such restrictions will be canceled without notice and refund. The number of seats and/or tickets for Events may be limited, and METATRACE LTD does not guarantee you the opportunity to purchase a ticket or attend an Event.
Unless prohibited by applicable law, by your presence at the Event, you confirm the right of METATRACE LTD to use your data received from you in accordance with the Privacy Policy to communicate information about the Event (in person and on the Internet), including to contact you and inform you of new data about the Event, sending you by mail necessary materials (for example, an identification bracelet with a QR code), emergency alerts or adverse weather conditions, or publicly available ratings of leaders of Events and gaming competitions.
7.2. Rules of conduct at Events
You must always comply with all applicable laws and all rules and regulations established by METATRACE LTD or any other authorized person involved in the creation, or conduct of the Event, including all health and safety requirements and regulations and all reasonable instructions from the staff of the venue and representatives of METATRACE LTD at the Event. As a condition of your participation, you agree to comply with all Site policies, including, but not limited to, any site of the relevant Event.
Illegal narcotic drugs, substances not subject to free circulation, contraband goods, weapons and illegal items are prohibited at the Events. You agree to reasonable precautions and a personal search at the entrance. To the maximum extent permitted by applicable law, you waive your claims against METATRACE LTD or any third party involved in the organization, or holding of the Event, and release them from liability for all claims, claims, grounds for claims, for all damages, losses, expenses and from any obligations that may arise as a result such precautions and (or) personal inspection or in connection with them. If you decide not to agree to such precautions and body searches, you may be denied access to the Event or you may be removed from the Event without the right to a refund and payment of other compensation.
METATRACE LTD and its authorized third parties reserve the right to deny access to the Event or remove from the Event without refund and payment of other compensation any person who (a) does not comply with these Terms, (b) violates public order or intentionally commits illegal actions, or (c) in the opinion of METATRACE LTD or authorized the use of third parties has a negative impact on the Event, participants, spectators and/or staff.
Minors are allowed to attend Events only if they are accompanied by their Parents.
7.3. Risk taking
Unless prohibited by applicable law, you agree that by purchasing tickets to the Event, participating in the Event or attending the Event, you voluntarily, consciously and voluntarily assume all risks arising before, during and after the Event, including the risk of injury for any reason and the risks of damage, death or theft of property. You acknowledge that Events and individual actions at Events involve inherent and unforeseen risks, including risks of (a) contact or collision with persons or objects, (b) obstacles (such as natural and artificial reservoirs, road and ground hazards), (c) associated with equipment (for example, broken, defective or unsuitable equipment, unforeseen equipment failures), (d) weather-related, (e) inadequacy of emergency measures and (or) contingency plans, (f) related to judging and/or behavior (for example, eccentric or inappropriate actions of participants or spectators or judging by staff at the Event) and (g) natural causes (uneven or impassable surface, wild animals and insects, contact with plants). You agree to take reasonable precautions before taking part in the Event and its activities, for example, seek the advice of your doctor, and make sure that you are in good physical shape, properly dressed and have the necessary or recommended equipment with you. You also understand and acknowledge that you are responsible for studying the venue, facilities, equipment of the Event and the territories where it will be held, and that by participating in the Event you confirm the safety, adequacy and suitability of such facilities, equipment and territories for your participation in the Event. If you become suspicious or become aware of any unsafe factors or unreasonable risks, you agree to immediately notify the competent staff and terminate your participation in the Event.
To the extent permitted by applicable law, you hereby waive your claims against METATRACE LTD or any third party involved in organizing or conducting the Event, and release them from liability for all claims, claims, grounds for claims, for all damages, losses, expenses and from any obligations that may arise from or as a result of or in any way with respect to your attendance at or participation in the Event, including liability for negligence, inherent and unforeseen risks, causing harm or damage to persons or property and for the actions of third parties or participants of the Event and spectators.
7.4. Event Features and/or Event cancellation
To the extent permitted by applicable law, any time frames of Events, features of interactive or in-game reality, actions, goods, services, privileges, objects, prizes and/or Content (collectively, "Event Features") that are advertised in connection with the Event are not guaranteed and they may be at any time prior to or changed and/or canceled during the Event without any warnings and compensation. Admission to the Event does not guarantee any specific characteristics of the Events during its holding.
The date, time and/or venue of the Event may change at any time, and METATRACE LTD will make commercially reasonable efforts to notify you in advance of any significant changes. In case of cancellation, suspension or postponement of the Event, when you are unable to attend the postponed Event, you will not be entitled to any additional compensation in addition to the refund of the ticket price at its face value, and neither METATRACE LTD nor any third parties will have any obligations to you on payment of some kind of compensation. You will pay for all travel and accommodation expenses incurred by you yourself.
7.5. Recording and using Your image
You express your consent and approval for the recording by METATRACE LTD of your image, likeness, name, conversations, biographical information, individual characteristics and voice at Events and for the gratuitous use of such information under the conditions set out above in the section "Rights Granted by You". METATRACE LTD may publish the results of any competitions (including any ratings and the identities of any winners), game statistics and images of participants in its promotional materials and social networks in accordance with these Terms.
8. Lotteries, contests, sweepstakes, surveys and similar promotions
METATRACE LTD and/or its partners may periodically organize lotteries, contests, sweepstakes, surveys, games and similar promotions to promote the Services ("Promotions"). In addition to these Terms and Conditions, Promotions will be subject to special conditions that will be communicated to you at the beginning of a specific Promotion (the "Terms of the Promotion"). By participating in the Promotion, you are subject to the relevant Terms of the Promotion. All Terms of Promotions are included in these Terms, may differ from them and take precedence over these Terms. METATRACE LTD strongly recommends that you familiarize yourself with the Terms of Promotions. Any information you provide in connection with such Promotions, in addition to these Terms and any Terms of Promotions, is subject to our Privacy Policy.
9. Beta Testing
METATRACE LTD may provide you with access to some mobile applications prior to their official release ("Beta") and offer to participate in their testing and share the results of Beta testing within the framework of the beta testing program of new applications conducted by METATRACE LTD ("Beta Testing Program").
This section applies only to closed Beta Testing Programs in which METATRACE LTD provides private access only to selected testers. This section does not apply to testing of open Beta versions that METATRACE LTD makes publicly available in the app store.
You acknowledge that any functionality of the products or their content, game documentation, promotional materials and/or any other information that METATRACE LTD may provide to you in connection with the Beta Testing Program ("Testing Materials"), the Beta Versions themselves, as well as everything related to the Beta Program-testing, are the exclusive property of METATRACE LTD and are confidential and that they should be treated as confidential information until the official release.
If METATRACE LTD offers you access to the Beta Version, then, subject to your compliance with these Terms, METATRACE LTD grants you a personal non-exclusive limited license with the right of revocation and without the right of transfer to use the Beta version solely for testing and providing feedback on the Beta version as part of the Beta Testing Program.
Without limiting the foregoing and except as provided by applicable law, you are prohibited from:
copy, modify the Beta version or create derivative works based on it;
transfer or sell the Beta version to someone;
open, decompile, disassemble, decrypt the Beta version and otherwise attempt to restore the Beta source code;
install the Beta version on systems that are not under your direct control or used by you jointly with others;
discuss Beta versions with anyone outside METATRACE LTD or demonstrate them to such persons;
post information about the Beta version in blogs, tweets and other publicly available formats;
take screenshots, photos, videos or audio recordings of Beta versions in the absence of written permission from METATRACE LTD;
provide access to Beta Reviews (as this term is defined below) to any third parties without obtaining prior written consent from METATRACE LTD.
Caution should be exercised when using the Beta version in public places. Don't let anyone see, hear, videotape or photograph the Beta versions. Immediately notify METATRACE LTD of any unauthorized access to your Account and of any suspicion of an attempt to hack it.
METATRACE LTD may collect your comments, suggestions and feedback about the Beta Version, and may also monitor how you use the Beta Version using analytical tools and in accordance with the METATRACE LTD Privacy Policy, all such comments, suggestions, feedback and analytical data (collectively referred to as "Beta Feedback") are the exclusive property of METATRACE LTD.
You understand and agree that participation in the Beta Testing Program is voluntary and does not create a legally significant partnership, agency or employment relationship between you and METATRACE LTD, and you will not receive any remuneration for your participation or for any Feedback about the Beta Version.
Unless prohibited by applicable law, all Testing Materials are provided to you "as is", without any express or implicit guarantees. You understand that Beta versions of programs are under development and may contain errors, bugs and other problems that may cause data loss and/or system malfunction. You should install Beta versions on devices that are not your main working devices, are not critical for business and are backed up. Unless prohibited by applicable law, METATRACE LTD is in no way responsible for any damage that may be caused to you as a result of your participation in the Beta Testing Program.
You agree that your breach of your confidentiality obligation will cause irreparable harm to METATRACE LTD, the extent of which will be difficult to assess, and that monetary damages will not be an adequate remedy for the rights of METATRACE LTD in this case. Accordingly, you agree that if you violate your confidentiality obligation, METATRACE LTD will have the right to seek an injunction and other interim measures that the court deems appropriate, in addition to any other remedies that METATRACE LTD may have at its disposal.
10. Third-party websites and resources
The Services may contain links to third-party websites or resources. METATRACE LTD inserts such links solely for the convenience of users and is not responsible for the content of such sites and resources, for products or services available on such sites and resources and for links displayed on such sites. To the extent permitted by applicable law, you acknowledge that you are solely responsible and assume all risks arising from your use of any third-party sites and resources.
METATRACE LTD is not responsible for the availability or quality of third-party services, including cellular networks, access points, wireless Internet and other services. Such third-party services may affect your ability to use the Services or participate in Events, and you hereby waive your claims against METATRACE LTD or any third party involved in the creation and operation of the Services, and release them from liability for all claims, claims, claims, all damages, damages, expenses and from any obligations that may arise as a result of the use or in connection with the use of such third-party services.
11. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DECLARE THAT THERE ARE NO GUARANTEES ON OUR PART REGARDING COMMERCIAL VALUE, SUITABILITY FOR INTENDED USE, UNHINDERED USE OR PATENT PURITY, AS WELL AS ANY OTHER GUARANTEES ARISING FROM CUSTOMS OR BUSINESS PRACTICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS OR WILL WORK SMOOTHLY, SAFELY OR ERROR-FREE. WE DO NOT GIVE ANY GUARANTEES REGARDING THE QUALITY, ACCURACY, RELEVANCE, RELIABILITY, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR VIRTUAL OR REAL COMMUNICATION AND INTERACTION WITH OTHER USERS OF THE SERVICES AND OTHER PERSONS WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NIANTIC DOES NOT VERIFY THE BACKGROUND OF ANY USERS OF THE SERVICES AND IS NOT INTERESTED IN IT. METATRACE LTD DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING THE BEHAVIOR OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS WHEN COMMUNICATING AND INTERACTING WITH OTHER USERS OF THE SERVICES AND OTHER PERSONS WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, IN PARTICULAR IF YOU DECIDE TO MEET THEM IN THE REAL WORLD OR IN PERSON.
12. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER METATRACE LTD NOR ANY OTHER PERSON INVOLVED IN THE CREATION, PRODUCTION OR PROVISION OF SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, PUNITIVE OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOSS DATA OR REPUTATION DAMAGE, OUTAGES, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF PAYING FOR REPLACEMENT SERVICES, WHICH ARISE FROM THESE TERMS OR IN CONNECTION WITH THEM OR AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR CONTENT OR AS A RESULT OF ANY COMMUNICATION, INTERACTION OR ANY MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, REGARDLESS OF ON WHAT BASIS SUCH DAMAGES ARE CLAIMED – BREACH OF WARRANTY OR CONTRACT OR DUE TO TORT (INCLUDING NEGLIGENCE), MANUFACTURER'S LIABILITY OR OTHER LEGAL CONCEPT, AND REGARDLESS OF WHETHER OR NOT METATRACE LTD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF IT IS DETERMINED THAT THE LIMITED SCOPE OF REMEDIES PROVIDED FOR IN THIS AGREEMENT HAS NOT ACHIEVED ITS MAIN PURPOSE. IN SOME COUNTRIES, IT IS PROHIBITED TO EXCLUDE OR LIMIT LIABILITY FOR INDIRECT OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY IN SUCH COUNTRIES SHOULD APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE AMOUNT OF LIABILITY OF METATRACE LTD ARISING FROM THESE TERMS OR IN CONNECTION WITH THEM OR IN CONNECTION WITH THE EVENT OR AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, UNDER NO CIRCUMSTANCES SHOULD EXCEED 1000 (ONE THOUSAND) US DOLLARS OR, IF THE AGREEMENT CONCLUDED WITH THE COMPANY METATRACE LTD., 1000 (ONE THOUSAND) POUNDS. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE THE BASIC ELEMENTS OF THE PRINCIPLES ON WHICH THE AGREEMENT BETWEEN YOU AND METATRACE LTD IS BASED.
13. Dispute Resolution
YOU AGREE THAT DISPUTES BETWEEN YOU AND METATRACE LTD WILL BE RESOLVED IN BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A CO-PLAINTIFF OR PARTICIPANT IN A CLASS ACTION IN ANY CLASS ACTION OR OTHER PROCEDURAL ACTIONS THROUGH A REPRESENTATIVE.
THIS RESERVATION IS NOT VALID: (1) IF YOU ARE A RESIDENT OF THE EEA OR ANY JURISDICTION THAT DOES NOT ALLOW SUCH AN ARBITRATION AGREEMENT, (2) IF YOU DECIDE TO OPT OUT OF ARBITRATION AS DESCRIBED BELOW IN THE "ARBITRATION" SECTION, OR (3) IN RESPECT OF CERTAIN TYPES OF DISPUTES LISTED BELOW IN THE "ARBITRATION" SECTION.
13.1. Arbitration
If you reside in the United States or another country where an arbitration clause is allowed in the relationship with you, you agree with METATRACE LTD that any disputes between you will be resolved in binding arbitration, with the exception that each party reserves the right to: (a) bring an individual claim in court for (b) seek an injunction or other interim measures by a competent court to prevent actual or potential infringement or illegal use of such party's copyrights, its rights to trademarks, trade secrets, patents or other intellectual property rights (the actions described in this Part (b) are referred to as "IP Protection Action"). Regardless of this arbitration agreement, METATRACE LTD reserves the right to apply to any competent court with a claim demanding to stop the intentional or malicious use or violation by you (for example, in the form of hacking or falsifying your location) of the intellectual property rights, products and Services of METATRACE LTD and/or to recover compensation from you for this.
Without limiting the provisions of the previous paragraph, you will also have the right to take any other dispute to court if you send METATRACE LTD a written notice of your intention to do so by e-mail to [email protected] within 30 (thirty) days after the date of your first consent to these Terms (such notice is the "Arbitration Opt-out Notice"). If you do not notify METATRACE LTD of the Refusal of arbitration within such a 30-day period, it will be considered that you knowingly and purposefully waived your rights to apply to the court to resolve any dispute other than disputes expressly provided for in subparagraphs (a) and (b) above. In addition, unless you agree otherwise in writing with METATRACE LTD, the arbitrator cannot combine the claims of several persons and cannot accept any class actions or other forms of group claims through a representative. If such a waiver of the right to a class action is found to be legally unenforceable, the parties' agreement on arbitration settlement of disputes will be null and void. Except as provided in the previous sentence, this section "Dispute Resolution" remains in force after any termination of these Terms. If the conditions of this clause 13.1. The "Arbitration" will be recognized as legally unenforceable in terms of any separate claim, such a claim must be separated from the arbitration proceedings and declared in accordance with paragraph 13.6 "Governing Law and the Exclusive Venue of judicial dispute resolution". All other claims will be resolved by arbitration. The arbitrator, and not any court or office, has the exclusive authority to (a) determine the scope and legal applicability of this arbitration agreement and (b) resolve any dispute relating to its interpretation, applicability, enforceability or drafting, including any claims of nullity or impugnability of the agreement or any or parts of it.
13.2. Arbitration Rules
The arbitration proceedings will be conducted under the auspices of the American Arbitration Association ("AAA") in accordance with the Rules of Commercial Arbitration and additional procedures for resolving disputes with Consumers ("AAA Rules") as amended at that time, but subject to the changes made by this section "Dispute Resolution". (You can read the AAA Rules on the website https://www.adr.org/Rules or by contacting AAA by phone 1-800-778-7879). The interpretation and application of this section are governed by the U.S. Federal Arbitration Act.
13.3. Arbitration Process
A party intending to initiate arbitration proceedings is obliged to send a written Arbitration Request to the other party, as required by the AAA Rules (AAA provides for a general Arbitration requirement). The sole arbitrator must be either a retired judge or a lawyer admitted to practice law, whom the parties will select from the list of potential arbitrators provided by AAA. If the parties are unable to agree on an arbitrator within 14 (fourteen) days after the award of the Arbitration Claim, AAA will appoint an arbitrator in accordance with the AAA Rules.
13.4. Arbitration Location and Procedure
Unless otherwise agreed between you and METATRACE LTD, the arbitration proceedings will be conducted in confidence in your country of permanent residence. If the amount of your claim does not exceed $ 10,000, the arbitration proceedings will be conducted solely on the basis of documents provided by you and METATRACE LTD to the arbitrator, and other evidence (for example, affidavits) will not need to be examined, unless the arbitrator decides that it is necessary to hold hearings. If the amount of your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may, at his discretion, require the parties to the dispute to make a reasonable exchange of information, taking into account the expedited nature of the arbitration procedure. Notwithstanding this right of the arbitrator, in the absence of compelling reasons, under no circumstances are the parties allowed to attach more than three (3) of their statements from each side to the case file, and combined statements of the type provided for in section 30 (b) are not allowed(6) The Federal Code of Civil Procedure and paragraph 2025.230 of the California Code of Civil Procedure.
13.5. The Decision of the Arbitrator
The arbitrator will make a decision within the time limits set by the AAA Rules. The decision of the arbitrator will be subject to confidentiality, and it will contain the main results and conclusions on the basis of which the arbitrator made his decision. Confirmation and enforcement of an arbitration award may be carried out by any competent civil court. The arbitrator's decision regarding damages must comply with the terms of section 12 "Limitation of liability" with respect to the types and amounts of damage for which one or another party may be held liable. The arbitrator may make decisions on the introduction of an injunction and the introduction of other interim measures only in favor of the plaintiff and only if it is necessary to satisfy the requirements stated in the plaintiff's individual claim. In the event of your winning the arbitration, you will be entitled to a refund for the services and expenses of your lawyers to the extent that such compensation is provided for by applicable law. METATRACE LTD will not seek and hereby waives any rights to reimbursement of legal fees and expenses that METATRACE LTD may have under applicable law in the event of winning the arbitration.
13.6. Governing Law and the Exclusive Venue of judicial dispute resolution
If these Terms allow you or METATRACE LTD to initiate legal proceedings in court in addition to claims in small claims court, you and METATRACE LTD agree to the exclusive jurisdiction of such disputes to state and federal courts located in the Northern Judicial District of California. Each of the parties to these Terms waives any rights of objection to the authority or location of such courts. These Terms and your use of the Services are governed by the law of the State of California without regard to its conflict of laws rules. If you are a resident of the EEA or a country in which this clause is prohibited by local law, this clause does not apply to you and does not deprive you of protection by the mandatory provisions of your country's consumer protection legislation.
13.7. Arbitration Fees
Our obligations to pay any registration and administrative fees and arbitrator fees charged by AAA are limited exclusively to the AAA Rules. However, if the amount of your claims for damages does not exceed $75,000, METATRACE LTD will pay all such fees, unless the arbitrator determines that your claim or your claims stated in the Arbitration Claim were unfounded or had unfair purposes (according to the standard established by article 11 (b) of the Federal Code of Civil Procedure).
13.8. Changing the Dispute Resolution procedure
Regardless of the provisions of the above section "Modification of the Terms or Services", in the event that METATRACE LTD changes this section "Dispute Resolution" after the date of your first consent to these Terms (or your consent to any subsequent changes to these Terms) You have the right to refuse to apply such changes by sending us a written notice (by e-mail to [email protected]) within 30 (thirty) days from the date of entry into force of such changes. The effective date of the changes is indicated either as the "date of the last revision" at the beginning of the Terms, or in the notification of METATRACE LTD to your address about such changes. By refusing to accept any changes, you agree that you will resolve through arbitration any dispute between you and METATRACE LTD in accordance with the provisions of this section "Dispute Resolution" as amended on the date of your first consent to these Terms (or your consent to any subsequent changes to these Terms).
14. General provisions
14.1. Completeness of the Agreement
These Terms and Conditions contain the full and exclusive composition of the agreements and agreements between METATRACE LTD and you in relation to the Services and Content and supersede all previous oral and written agreements or agreements between METATRACE LTD and you in relation to the Services and Content.
14.2. Severability of Provisions
If any provision of these Terms is found to be invalid or legally unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. You may not assign or transfer rights and obligations under these Terms by virtue of law or for other reasons without the prior written consent of METATRACE LTD, any attempt on your part to assign or transfer rights and obligations under the Terms without such consent will be null and void. METATRACE LTD has the right to freely assign or transfer rights and obligations under these Terms without any restrictions and will not be jointly or severally liable as the assignor or the transferring party. Subject to the foregoing, these Terms are concluded in the interests of and will be binding on the parties, their legal successors and authorized assignees.
14.3. Force Majeure
Neither METATRACE LTD, nor any user, nor any other person involved in the creation, production or provision of Services or Content, will be liable for any losses, injuries, non-fulfillment or delay in fulfilling obligations caused by natural disasters, weather conditions, fire, flood, terrorist acts or military actions, malfunction of satellite systems or communication networks, orders of authorities or actions of state regulation, labor disputes or any other reasons beyond the control of such a person.
14.4. Notice
Any notices or other communications that METATRACE LTD will send under these Terms, including those relating to changes to these Terms, will be sent: (a) by email or (b) by posting on the Services. The date of receipt of notifications sent by e-mail will be the date of transmission of such notification to any e-mail address provided by you.
14.5. Waiver of the right
If METATRACE LTD does not support any right under the established Conditions or does not enforce any provision of the existing Conditions, this is not considered an indicator of METATRACE LTD from such a rule or provision. A response from any right or provision will be valid only if it is officially submitted in writing for an additional fee to an additional company METATRACE LTD, if they are acting bodies of direct control, provides this or that support to the outside of any means of protection of rights established by established installations, does not limit its other means of protection of rights under established installations or for other reasons.
14.6. Contact Information
If you have any questions or other set terms or conditions, please contact METATRACE LTD by email [email protected] or at the address: Francis House, room 303, Ile du Port, Mahe, Seychelles.
15. Purchases and refunds
15.1. Purchases and refunds
Please note, that after you download Virtual Goods from us, your right to such a refusal will cease. You agree that (a) the purchase of Virtual Goods implies the immediate download of such Content and (b) You will lose your right to opt out of the purchase as soon as your purchase is completed. We reserve the right to control, regulate or withdraw from circulation any Virtual Goods without incurring any liability to you.
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