“Content” shall mean any work of authorship, creative works, graphics, images, textures, photos, logos, video, audio, text, and interactive features, including without limitation Non Fungible Tokens (“NFTs”), digital and virtual items, and / or access, identity and other credentials, submitted by the Users of Aftermath Islands Metaverse Limited (“AIM”).
“Intellectual Property Rights” shall mean rights in, arising out of, or associated with intellectual property in any jurisdiction, including without limitation rights in or arising out of, or associated with (1) copyrights, mask work rights, and other rights in published and unpublished works of authorship, including without limitation computer programs, databases, graphics, user interfaces, and similar works; (2) patents, design rights, and other rights in inventions and discoveries, including without limitation articles of manufacture, business methods, compositions of matter, improvements, machines, methods, and processes; (3) trademarks, service marks, trade dress and other logos and similar indications of origin of, or association with, a group, business, good, product, or service; (4) trade secrets and other information that is not generally known or readily ascertainable by third parties through proper means, whether tangible or intangible, including without limitation algorithms, customer lists, ideas, designs, formulas, know-how, source code, methods, processes, programs, prototypes, systems, and techniques; (5) a person’s name, voice, signature, photograph, or likeness, including without limitation rights of personality, privacy, and publicity; (6) attribution and integrity and other so-called moral rights of an author; (7) internet domain names; (8) data and databases; and (9) similar proprietary rights arising under the laws of any jurisdiction
“NFT” means non-fungible token, including, digital or virtual Land, Wearables, items and any other kind of NFTs available in AIM. All NFTs must comply with this Content Policy.
- Prohibited Content
All Content uploaded, posted, created, displayed, transmitted, or made available by the User through the Tools must not include:
2.1. Content involving illegality, such as piracy, criminal activity, terrorism, obscenity, child pornography, sexually explicit images, actions or language, gambling (subject to Section 3 below), and illegal drug use.
2.2. Content infringing third party Intellectual Property Rights.
2.3. Cruel or hateful Content that could harm, harass, promote, or condone violence against, or that is primarily intended to incite hatred of, animals, or individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity.
2.4. Content that is libelous, false, inaccurate, misleading, or invades another person’s privacy.
2.6. Content that promotes or could be construed as primarily intended to evade the limitations above.
If your Content involves gambling, the following shall apply: (i) online gambling in AIM requires a license. You must obtain such license in your jurisdiction and present AIM with a copy of that license prior to making your Content available; (ii) you must be in full compliance with the regulations of your country of residence and / or the country of license issuance; (iii) you must geo-block your Content for IPs from jurisdictions where online gambling is banned (including, without limitation, the United States of America, South Korea and China) and / or those jurisdictions where that license is not valid and (iv) you must include in the terms and conditions of use of your Content (if any) a release from liability in favor of AIM to the fullest extent allowed by applicable law vis a vis you and the users of your Content.
- Breaches of this Policy
Any Content in infringement of Section 2, may be blocked and upon blocking shall not be available to other users of AIM. Moreover, infringing Content may result in suspension of the Account, court orders, civil actions, injunctions, criminal prosecutions and other legal consequences brought by AIM or third parties against the creator, distributor and/or user of said infringing Content. The User’s Account may also be terminated at the sole discretion of AIM.
- Age-Restricted Content
AIM may rate content in accordance with the Entertainment Software Rating Board (“ESRB”) and adhere to any additional ESRB guidelines. As such, any User created content must adhere to these ratings and contain the appropriate age restricted warning, if applicable, as listed below:
Everyone – Content is generally suitable for all ages. May contain minimal cartoon, fantasy or mild violence and/or infrequent use of mild language.
Everyone 10+ – Content is generally suitable for ages 10 and up. May contain more cartoon, fantasy or mild violence, mild language and/or minimal suggestive themes.
Teen – Content is generally suitable for ages 13 and up. May contain violence, suggestive themes, crude humor, minimal blood, simulated gambling and/or infrequent use of strong language.
Mature 17+ – Content is generally suitable for ages 17 and up. May contain intense violence, blood and gore, sexual content and/or strong language.
Adults Only 18+ – Content is suitable only for adults ages 18 and up. May include prolonged scenes of intense violence, graphic sexual content and/or gambling with real currency.
If you upload, post, create, display, transmit or make available such Content, you must provide sufficient warnings as to the appropriate restriction according to this Section 5 and label such content as “Everyone”, “Everyone 10+”, “Teen”, “Mature 17+” or “Adults Only 18+” as applicable. Failure to do so may result in the termination of your Account pursuant to Section 18 of the Terms of Service and End User License Agreement.
AIM may restrict Adults Only 18+ content by enabling age gating at its sole discretion.
- User Representations and Warranties
You represent and warrant that at any time you submit Content, you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Content you submit, and that, as to that Content, (a) you are the sole author and owner of the Intellectual Property Rights to such Content, or you have a lawful right to submit the Content, all without any obligation to obtain consent of any third party and without creating any obligation or liability for AIM; (b) the Content is accurate; (c) the Content does not and will not infringe any Intellectual Property Right of any third party; and (d) the User Content will not violate the Terms or this Content Policy, or cause injury or harm to any person.
You expressly acknowledge and accept that the Content you submit will be accessible to and viewable by other users and waive any claim with regards to AIM, its owners, parent, subsidiaries, affiliates and all their respective directors, officers, employees, consultants and agents (together, the “AIM Parties”) in connection with said third party access. You can withdraw your Content at any time you wish.
Please remember that the Content that you submit will be accessible to and viewable by other users. Except as may be required to register and/or maintain your Account, do not submit personally identifiable information (e.g. first and last name together, password, phone number, address, credit or debit card number, medical information, e-mail address, or other contact information) on the Tools.
You acknowledge that due to the use of blockchain technologies by, all Content and information submitted by you is not stored in a centralized server, but in several decentralized Blockchains. Thus, AIM is not liable for any loss of content or information.
The Blockchains recognize and accept that in the event of any court order relating to the blocking, suspension, or deletion of any Content, they will abide by any such court order.
- Limitations to Liability
The AIM Parties are not responsible or liable for the Content, conduct, or services of users or third parties. The AIM Parties do not control or endorse the Content of communications between users or users’ interactions with each other.
You acknowledge that you will be exposed to various aspects involving the conduct, Content, and services of users, and that AIM does not control and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such user conduct, Content or user services. You acknowledge that AIM does not guarantee the accuracy of information submitted by any user, nor any identity information about any user. Your interactions with other users and your use of Content are entirely at your own risk. AIM has no obligation to become involved in any dispute that you may have or claim to have with one or more users, or in any manner in any resolution thereof.
You acknowledge that the Content provided or made available to you under license from independent Content Providers, including other users of aim (“Content Providers“). You acknowledge and agree that except as expressly provided in this Agreement, the Intellectual Property Rights of other Content Providers in their respective Content are not licensed to you by your mere use of any AIM Services. You must obtain from the applicable Content Providers any necessary license rights in Content that you desire to use or access.
You copy and use Content at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that AIM will have no liability for, and you agree to defend, indemnify, and hold AIM harmless from, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.
- Changes to this Policy.
AIM may change this Content Policy from time to time. All users have the obligation to be aware of the updated versions of this Policy.