TERMS OF SERVICE AND END USER LICENSE AGREEMENT
TERMS OF SERVICE AND END USER LICENSE AGREEMENT
This document governs your rights and obligations related to your use of Aftermath Islands Metaverse Limited, Aftermath Islands and Lost Kingdom of T’Sara (“AIM”, or the “AIM Site, Software and Services”), including any Services you access or purchases you make through the AIM Site, Software and Services. By using the AIM Site, Software and Services, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement (the “Terms”). If you do not or cannot agree to the Terms of this Agreement, you may not use the AIM Site, Software and Services.
1. Agreement to Rules and Policies
You agree to all rules and policies that are expressly incorporated into this Agreement as the Terms. Please read them carefully:
Our user Content Policy explains what you can do with AIM’s Intellectual Property in the content you create.
Use is “AS IS” and “AS AVAILABLE”
2.1. The AIM Site, Software and Services are provided on an “as is” and “as available” basis and may contain defects or software bugs. You are advised to safeguard important data, property, and content, to use caution, and not to rely in any way on the correct or secure functionality or performance of the AIM Site, Software and Services.
2.2. AIM reserves the right, at its sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the AIM Site, Software and Services after any modification to the Terms constitutes your acceptance of the Terms as modified.
- Your Ability to Enter into This Agreement
3.1. You hereby represent and warrant that you are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide and comply with the Terms. AIM is a global platform and by accessing AIM or the AIM Site, Software and Services, you are representing that you are over the age of 13, as the AIM Site, Software and Services are not intended for children under the age of 13, or that you are of the legal age of online consent in your jurisdiction as is required to access AIM or the AIM Site, Software and Services. If you are 13 years of age or older, but under the age of legal online consent or under the legal age of majority where you reside (when your jurisdiction has an older age of online consent), you agree to review these Terms with your parent or guardian, make sure that both you and your parent or guardian understand and agree to these Terms, and that your parent or guardian reviews and accepts these Terms on your behalf, where and when required. If you are a parent or guardian agreeing to the Terms for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of AIM and the AIM Site, Software and Services, including all financial charges and legal liability that they may incur.
3.2. Some content will be restricted, and Users will be required to prove they are of age to access such content.
3.3. You further represent that you are otherwise legally permitted to use AIM and the AIM Site, Software and Services in your jurisdiction, including owning blockchain based products and services, NFTs and interacting with AIM, the AIM Site, Software and Services and content in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that AIM , its licensors, parents, subsidiaries, owners, employees, consultants, and its and their affiliates, including each of their respective directors, officers, employees, shareholders, agents, contractors and other representatives (the “AIM Parties”), are not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.
3.4 If you reside in the United States of America, Brazil, India, Indonesia, United Arab Emirates or Mexico, please see the Supplemental Jurisdictional Terms in Section 22.
- User Location Restrictions
Due to legal and geo-political conditions, AIM is not able to provide service to Users from certain regions. AIM will continue to monitor the situation and adjust the restrictions as necessary. AIM will not accept Users from the following countries:
- Bosnia and Herzegovina
- C’ote d’Ivoire (Ivory Coast)
- Central African Republic of Congo
- Democratic People’s Republic of Korea
- Democratic Republic of Congo
- Hong Kong
- Myanmar (Burma)
- South Sudan
- Account Access and Security
5.1. You are required to obtain a Meta Park Pass, and / or other verifiable credentials, jointly referred to as the “Meta Park Pass”, to access AIM and the AIM Software and Services. The Meta Park Pass is your passport that allows you access to AIM and the AIM Site, Software and Services. The Meta Park Pass is a third-party Proof of Humanity verification provided by Liquid Avatar Technologies Inc. When you first access AIM, you will have access to the Club House only and / or any designated starting area as solely determined by AIM. In order to leave the Club House, you must approach the Non-Player Character (NPC) in the Club House that controls access to the any other part of AIM and provide your Meta Park Pass. If you do not have a Meta Park Pass, you will be provided with the information required to obtain one through the Liquid Avatar Mobile App. Access to services provided by Liquid Avatar Technologies Inc. is restricted in certain jurisdictions and if you reside in those jurisdictions, you will not be able to obtain a Meta Park Pass, and as such, will not be permitted to access AIM. The jurisdictions Liquid Avatar Technologies Inc. restricts from includes, but is not limited to, the restricted jurisdictions listed above in this policy. Upon receipt of your Meta Park Pass from Liquid Avatar Technologies Inc., you can return to the Club House in AIM and show the pass to obtain access to the Metaverse. You acknowledge that Meta Park Pass is not provided by AIM, but is provided through the Liquid Avatar Mobile app, directly, which is a third-party service. You must agree to the Liquid Avatar Mobile App policies in order to qualify for the Meta Park Pass and the AIM Parties are not responsible for any communication or actions you undertake with Liquid Avatar Technologies Inc. or any other third party.
5.2. The AIM Parties are not responsible for any breach of security or unauthorized access to your account. If you provide access to your device or account to another person or entity, or another person or entity gains access to your account through actions you have taken, you are solely responsible for their activities, whether or not you authorized the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, AIM may suspend, block and / or terminate your Account at our sole discretion.
5.3. You are solely responsible for any harm relating from access to your account. You acknowledge that in the event of unauthorized use of or access to your Account or other breach of security, you accept that AIM may be unable to remedy any issues that arise.
5.4. The AIM Parties will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any o the foregoing obligations, or for any reason whatsoever, except fraud on AIM’s part.
5.5. The AIM Parties will not be liable for any loss or damage arising from your actions that result in access to your account, or any other damage or loss arising from unauthorized access to your account.
License Granted by You
You grant AIM a license to use whatever content you create using the Service.
You agree to resolve disputes between yourself and AIM in individual mediation (not in a court of law in any and all jurisdictions). We believe the alternative dispute-resolution process of mediation will resolve any dispute fairly and more quickly and efficiently than formal court litigation. Section 21 explains the process in detail. We’ve put this up front (and in caps) because it’s important:
THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL MEDIATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND AIM AGREE TO RESOLVE DISPUTES THROUGH MEDIATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND AIM AGREES TO PAY YOUR MEDIATION COSTS FOR ALL DISPUTES OF UP TO $1,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 21). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING THE AIM SITE, SOFTWARE AND SERVICES, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 25.
Your agreement is with Aftermath Islands Metaverse Limited.
8. License Grant
8.1. AIM grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use the AIM Site, Software and Services on compatible devices you own or control for your personal entertainment use (the “License”). The rights that AIM grants you under the License are subject to the Terms of this Agreement, and you may only make use of the License if you comply with all applicable Terms.
8.2. The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.
9. License Conditions
9.1. You may not do or attempt to do any of the following with respect to the Software or any of its parts: (a) use it commercially or for a promotional purpose except as AIM expressly authorizes; (b) copy, reproduce, distribute (including via a network server), display, or use it in a way that is not expressly authorized in this Agreement; (c) sell, rent, lease, license, distribute, or otherwise transfer it; (d) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (e) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (f) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (g) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (h) use, export, or re-export it in violation of any applicable law or regulation; or (i) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by AIM, in AIM’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, scamming, running or using methods which are not authorized by AIM and which interfere with the outcome and/or the course of the Software (including Cheats, bots, scripts, or mods not expressly authorized by AIM) by giving you and/or another user an advantage over other players who do not use such methods, or making or otherwise contributing to such unauthorized software.
- LOONS and Content
10.1. AIM may offer you the ability to acquire licenses to in-game currency LOONS, more commonly known as LOONS (“LOONS”) or Content, such as by: (a) purchasing a limited license to use LOONS for a fee (“Purchased LOONS”), (b) earning a limited license to use LOONS by performing or accomplishing specific tasks in the Software, or (c) purchasing for a fee, exchanging LOONS for, or earning a limited license to use Content. Also, AIM may facilitate the exchange of certain Content through the Software, in some cases for a fee. You may only use such LOONS or Content if you pay the associated fee (if any). When you earn or pay the fee to obtain such LOONS or Content, you are obtaining or purchasing from AIM the right to have your License include such LOONS or Content. Regardless of any references AIM may make outside this Agreement to purchasing or selling LOONS or Content, both LOONS and Content are licensed, not sold, to you under the License. Use of an Aftermath Islands Metaverse Account Balance to purchase LOONS or Content is subject to this Agreement.
10.2. The goal of introducing LOONS is to provide a convenient and secure mode of payment and settlement between participants who interact within the ecosystem of AIM without any intermediaries such as centralized third-party entity/institution//credit. Neither LOONS nor any in-game purchased or created item, which may be represented by a blockchain based Non Fungible Token “NFTs”, including Virtual Land, Virtual Land, AIM created, user created and any other digital, virtual or physical items are not and are not intended to be, a medium of exchange accepted by the public (or a section of the public) as payment for goods or services or for the discharge of a debt; nor are they designed or intended to be used by any person as payment for any goods or services whatsoever that are not exclusively provided by AIM or another user of AIM Site, Software and Services, inside AIM. LOONS and any associated NFTs do not in any way represent any securities, shareholding, participation, right, title, or interest in Aftermath Islands Metaverse Limited, its subsidiaries, parent, owners or any other company, enterprise or undertaking, nor will LOONS or NFTS entitle holders to any promise of fees, dividends, revenue, profits or investment returns, and are not intended to constitute securities in any relevant jurisdiction. LOONS and NFTs may only be utilized within AIM, and ownership of LOONS and associated NFTs carry no rights, express or implied, other than the right to use LOONS and associated NFTs as a means to interact within AIM. Further, AIM does not create or support any secondary market pricing of LOONS or NFTs and as such, AIM provides no functionality or scheme designed to interact, support, control or manipulate any secondary marketplaces.
10.3. Neither LOONS, NFTs nor Content are redeemable for money or monetary value from AIM or any other person, except as otherwise required by applicable law. LOONS, associated NFTs and Content do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither AIM nor any other person or entity has any obligation to exchange LOONS, associated NFTs or Content for anything of value, including, but not limited to, real currency. You agree that AIM may engage in actions that may impact the perceived value or purchase price, if applicable, of LOONS, associated NFTs and Content at any time, except as prohibited by applicable law.
10.4. All past, present and future purchases of purchased LOONS, associated NFTs and Content are final and are not refundable, transferable, or exchangeable under any circumstances, except as available within AIM or otherwise required by applicable law. The past, present and future purchases of LOONS do not provide the purchaser with any implied obligation in any shape or form from AIM. AIM, in its sole discretion, may impose limits on the number of in-game LOONS, associated NFTs or Content that may be purchased, earned, accumulated, redeemed or otherwise used. Such limits are for commercial reasons only and in no way is done for any perceived or other increase in value of such items.
10.5. Except as otherwise prohibited by applicable law, AIM, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel, or eliminate LOONS, associated NFTs or Content, including your ability to access or use LOON or Content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent LOONS or Content except within the Software and as expressly permitted by AIM.
10.6. Except as otherwise prohibited by applicable law, AIM reserves, and retains all rights, title, and interest, property or otherwise, in and to the LOONS, associated NFTs and Content. The license to LOONS, associated NFTs and Content under the License will terminate upon termination of the License and as otherwise provided herein.
10.7. When you provide payment information to AIM or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account, or other payment method specified by you, and you authorize AIM or its third-party affiliates to charge such payment method for the full amount of the transaction.
- Ownership and Management of NFTs including Virtual Land (VL)and other Virtual Items
11.1. Virtual Land: All title and ownership rights over each piece of Virtual Land (“VL”) and any associated NFT, lies with its owner. Each owner of VL decides the User Content to be included in and on the VL and may impose their own Terms, conditions, and policies. You are advised to review any such Terms, conditions and policies before entering any land or island that has their own policies. AIM does not control the User Content of each island or VL parcel and does not assume any liability or obligation in connection thereto. The past, present or future purchase of VL does not provide the purchaser with any implied obligation in any shape or form from AIM. All User Content must comply with the Content Policy. AIM holds the Intellectual Property rights over the VL but does not have any Intellectual Property rights over the User Content instituted by the owner of the VL.
11.2. User Content: All title, ownership and Intellectual Property rights over the User Content created by Users is owned by that creator. The creator of the User Content may impose their own Terms, conditions and licenses for access and use of their User Content. You are advised to review any such Terms, conditions, and licenses before accessing any such User Content. All User Content must comply with the Content Policy.
11.3. Virtual Items: All title and ownership of Virtual Items, and any associated NFT, belong to the purchaser of the items. Intellectual Property rights to the designs will remain with the creator. To the fullest extent possible, the creator waives any moral rights over the Virtual Items upon the sale and subsequent purchase of the items. The past, present and future purchases of Virtual Items, and any associated NFT do not provide the purchaser with any implied obligation in any shape or form from AIM. All Virtual Items must comply with the Content Policy.
11.4. You acknowledge and agree that you are responsible for your own conduct while accessing the AIM Site, Software and Services, and for any consequences thereof. You agree that to use the AIM Site, Software and Services only for purposes that are legal, proper and in accordance with this Agreement and the Content Policy, as well as any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, post, upload, transmit, distribute, disseminate or otherwise make available any content in violation of the Content Policy, including without limitation, content that infringes the intellectual property rights of any party and any content that contains any bullying, hate-related or violent content or contains any other material or products that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (ii) distribute viruses, worms, defects, Trojan horses, spyware, time bombs, cancelbots, corrupted files, hoaxes or any other items of a destructive or deceptive nature, or that may harvest or collect any data or information about other users without their consent; (iii) impersonate another person (via any means); (iv) use the Site, Software or Services to violate the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users’ enjoyment of the Site, Software or Services; (vi) exploit the Site, Software or Services for any unauthorized commercial purpose; (viii) post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail”, “spam”, “chain letters”, “pyramid schemes,” or any other similar form of solicitation; (ix) modify, adapt, translate, or reverse engineer any portion of the Site, Software or Services (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Site, Software or Services; (xi) reformat or frame any portion of the Site, Software or Services, (xii) stalk, harass or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with other users; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site, Software or Services or to collect information about other users for any unauthorized purpose; (xiv) use any cheats, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the Site, Software or Services, or to otherwise disrupt or modify the experience of other users; (xv) attempt to create user accounts by automated means or under false or fraudulent pretenses; (xvi) attempt to gain unauthorized access to any other user’s account; or (xvii) access the Site, Software or Services for the purpose of creating a product or service that is competitive in any manner.
11.5 For promotional purposes, the number of Resource Pack NFTs that can be generated per WAX Wallet is 8,000 per day.
11.5.1. The Lost Kingdom of T’Sara Ticket Promotion : A player will receive a redeemable ticket for every 500 Resource Pack NFTs generated weekly, from Thursday at 5pmET to Thursday at 5pmET. One User / One Account – verified by your LKoT PlayerID. If AIM suspects or confirms any gameplay or similar prohibited activity for any Resource Pack NFT other that those earned by that account, you will be issued a single warning. If the warning is ignored, you will be prohibited from earning any additional tickets and all previously earned tickets will be voided.
11.6 Contest Prizes: Contest Prizes awarded by AIM are non-transferable. No substitution of a prize, transfer / assignment of a prize to another party or the request for a cash equivalent by a prize winner is or shall be permitted. Any and all prize related expenses, including without limitation, all federal, state, and local taxes shall be the sole responsibility of the winner. Acceptance of a prize must include permission for the prize Sponsor to use the winner’s name, likeness, and entry for purposes of advertising and trade, without further compensation to the prize winner, unless prohibited by law.
- User Generated Creations and Content
12.1. AIM may provide features through the Software or the Services that allow you to create, develop, modify, or contribute to AIM as Aftermath Asset Creations (“AAC”) and content (“Content”) and to upload, publish, or otherwise make available AAC and Content to some or all users of the Services. These features may also allow you to interact with, manipulate, and change AAC and Content in whole or in part. AIM may modify, limit, or discontinue certain features of the Service without notice or liability to you. These features, where available, are not intended for AIM to support the creation and / or redistribution of AAC on any other platform or marketplace.
12.2. “AAC” includes without limitation buildings, in-game items such as, but not limited to, clothing or weapons, chat posts, character data, game customization, in-game constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features, and screenshots, music, sounds, sound recordings (and the musical works embodied therein) audiovisual combinations, musical works, animations, and other types of works (standalone or in combination).
12.3. “Content” includes without limitation any virtual items, virtual environments (such as islands), or other content that AIM makes available for you to access or download through or in connection with the Software, and expressly includes Licensed Music, and AAC that has been licensed to us by our users.
12.4. Subject to the rights and licenses you grant in this Agreement, you retain whatever rights that you may have in your AAC. Your rights in AAC only extend to the new, original content you create as part of your AAC and does not extend to or grant any rights to the Services, Software, Content created or made available by third-parties, or Content made available by AIM through the Software or Services.
12.5. License. If you make or have made available any AAC in the Site, Software or Services, you hereby grant AIM and all users of the AIM Site, Software and Services a perpetual, worldwide, non-exclusive, no charge, royalty-free, irrevocable copyright license to host, copy, import, store, modify, adapt, display, publicly perform (including by means of digital audio transmissions), reproduce (and make mechanical reproductions of musical works embodied in sound recordings ), create derivative works of (including synchronize to visual images), publicly display, transfer, offer to sell, sell, import, sublicense, and distribute (collectively “Use”) that AAC, in whole or in part, including for commercial publicity and marketing purposes, in any country. This license applies to any all content, media, platform, or channel in connection with the Site, Software and Services.
12.6. Patent License. If you make or have made available any AAC in the Site, Software or Services, you hereby grant AIM and all users of the AIM Site, Software and Services a perpetual, worldwide, non-exclusive, no charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the AAC, where such license applies only to those patent claims licensable by the creator that are necessarily infringed by their contributions alone or by combination of their contributions with the AQAC to which such contributions were submitted.
12.7. Redistribution of AAC.
12.7.1. Users may reproduce and distribute copies of the AAC or derivatives thereof, as applicable by law, in any medium, with or without modifications, and in source or object form, provided that the following conditions are met: (i) modifications of the AAC and any derivatives thereof shall not infringe on any AIM policies, nor allow the infringement of any AIM policies; (ii) any modifications to the AAC or derivatives thereof can only take place until six (6) months have elapsed since the release of the AAC or derivatives thereof to the general public via the Site, Software or Services; (iii) you must give any other recipients of the AAC or derivatives thereof a copy of this License; (iv) you must cause any modified files to carry prominent notices stating that you changed the files; 9v) you must retain, in the source form of any derivative AAC that you distribute, all copyright, patent, trademark, and attribution notices from the source form of the AAC, excluding those notices that do not pertain to any part of the derivative AAC; (vii) if the AAC includes a “NOTICE” text file as part of t its distribution, then any derivatives that you distribute must include a readable copy of the attribution notices contained with such NOTICE file, excluding those notices that do not pertain to any part of the derivative AAC, in at least one of the following places: within a NOTICE text file distributed as part of the derivative AC, within the source form or documentation, if provided along with the derivative AAC; or, within a display generated by the derivative AAC, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add your own attribution notices with the derivative AAC that you distribute, alongside or as an addendum to the NOTICE text form the AAC, provided that such additional attribution notices cannot be construed as modifying the License.
12.7.2. You may add your own copyright statement to your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of your modifications, or for any such derivative AAC as a whole provided your use, reproduction, and distribution of the AAC otherwise complies with conditions stated in this License.
12.7.3. Unless explicitly stated otherwise, any contribution intentionally submitted for inclusion in the AAC by you to AIM and/or its licensors shall be under the Terms and conditions of this License, without any additional terms and conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with AIM or its licensors regarding such contributions.
12.8. Trademarks. This License does not grant permission to use the trade names, logo, trademarks, service marks, or product names of the licenses and/or its licensors, except as provided herein.
12.9. Disclaimer of Warranty. Unless required by applicable law, the AIM Parties and/or its licensors and all owners, contributors, and creators of AAC provide the AAC on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing any AAC and assume any risks associated with your exercise of permissions under this License.
12.10. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing shall the AIM Parties and/or its licensors and all owners, contributors and creators of AAC be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the AAC (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if any party to this Agreement has been advised of the possibility of such damages.
12.11. Accepting Warrant or Additional Liability. While redistributing the ACC or any derivative thereof, you may choose to offer, and charge a fee for, acceptance of support, warrant, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, you may act only on your own behalf and on your sole responsibility, not on behalf of any other owners, contributors and creators of AAC and the AIM Parties, and only if you agree to indemnify, defend and hold each owners, contributors and creators of AAC and the AIM Parties harmless for any liability incurred by, or claims asserted against, such owners, contributors and creators of AAC and the AIM Parties by reason of your accepting any such warranty or additional liability.
12.12. The rights you grant to AIM in this Section are provided on a through-to-the-audience basis, which means the owners or operators of third-party services will not have any separate liability to you or any other third-party for AAC provided to or used on such third-party services via the Service. AIM needs these permissions in order to make your AAC available to players as part of the Services (i.e., in-game), and to make it available to streamers and content creators off of the Services (e.g., for use on other platforms). These rights need to be irrevocable because of the many channels in which AAC is distributed by us and others after it’s created.
12.13. You understand that you are not entitled to receive any compensation, fees, consideration, or other remuneration in connection with your AAC for any reason, including AIM’s exercise of the rights you grant to AIM in this Section and that AIM is not obligated to exercise the rights you grant.
12.14. Musical Works.
12.14.1. AIM may, in its sole discretion, choose to make available sound recordings and the musical works embodied in the sound recordings (“Licensed Music”) in connection with AAC. If AIM makes available Licensed Music for use in your AAC, AIM grants you a non-exclusive, personal, limited, revocable, non-transferable license to: (a) synchronize the Licensed Music into AAC during the period of time that the Licensed Music is made available through the Services, and (b) play, listen, and interact with AAC containing Licensed Music solely through the Services.
12.14.2. Your modifications (e.g., edits, use of a portion of) the Licensed Music to synchronize into the AAC are considered derivative works included in the definition of Licensed Music, the rights to which are retained by AIM and its licensors.
12.15. Maximum 10 Track Limit. You may not use Licenses Music to create a streaming service or music library within AAC with Licensed Music nor may you charge users to listen to a specific track of Licensed Music. You have the right to place, play and have up to 10 discrete tracks of Licensed Music, or portions thereof, at any one time into a single AAC with Licensed Music. You can replace existing tracks of Licensed Music into a single AAC with new tracks at any time, provided that there are no more than 10 Licensed Music tracks in such AAC at any one time. Users may apply to AIM for express permission to increase the track limit but may not due so without receiving that permission in writing from AIM.
12.16. Special Rules for Recording Artists.
12.16.1. If you are a composer or author of a musical work and are (a) affiliated with or a member of a performing-rights organization (“PRO”), (b) under contract with a record label, or (c) have assigned your rights to a music publisher, then you must notify the interested party of the royalty-free license you grant through this Agreement to AIM. You are solely responsible for ensuring your compliance with the relevant party’s reporting or contractual obligations, and (if applicable) obtaining the consent of that party to grant the royalty-free license(s) in this Agreement, including if you create any new recordings through the Service that your label may attempt to claim.
12.16.2. You represent and warrant that any AAC containing Licensed Music is not subject to and AIM has no obligation to pay royalties to any third party, including without limitation a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a PRO (e.g., ASCAP, BMI, SESAC, etc.), a sound recording PRO, any unions or guilds, or other third parties.
12.16.3. AIM does not allow intellectual-property infringement activities through the Software or the Services. You may not and agree not to create, generate, or make available through the Software or the Services any AAC to which you do not have the right to grant AIM such license in all of the elements (including the Licensed Music) of the AAC.
12.16.4. If you do choose to create, generate, or make available your AAC through the Software or Services, you are solely responsible for your AAC and represent and warrant that:
(a) you are the creator and owner of, and have all the necessary licenses and rights to use and authorize AIM to exploit the license granted above;
(b) your AAC, and AIM’s use of the AAC as contemplated under this Agreement, will not infringe or violate any third-party rights, including copyright, trademark, patent, trade secret, moral rights, or the rights of privacy or publicity;
(c) AIM does not need to obtain any further licenses, provide attribution, or pay royalties or other compensation to any third parties; and
(d) AIM’s use of your AAC will not violate any third-party contract or cause AIM to violate any applicable laws or regulations.
12.16.5.You are responsible for your AAC. We do not allow any objectionable content or content that makes people believe it is an official AIM production available on or through the Services. All content must adhere to the Content Policy. Objectionable content includes any content that is inappropriate for audiences and users in AIM and must not violate the rights of others, must not be obscene, sexually explicit, defamatory, offensive, objectionable, or harmful to others. If you do, we will have to take it down and AIM may, in its sole discretion, delete your account and ban you from future use of any AIM Site, Software and Services and any access to AIM. AIM may, but is under no obligation, to edit or control any AAC you or others make available through the Software or the Services. AIM may at any time screen, remove, delete, edit, block, or refuse to publish AAC that violates this Agreement or is otherwise objectionable as determined in AIM’s sole discretion and without prior notice or any liability to you or any third party. If you provide AAC, you may only use the tools that AIM provides through the normal functionality of the Service to remove or modify that specific type of AAC.
12.16.6.You understand that you may be exposed to AAC from a variety of sources when using the Software or the Services and acknowledge that AAC may be inaccurate, offensive, indecent, sexually explicit, or otherwise objectionable. You agree that AIM shall not be responsible or liable for your or others’ AAC and that any such AAC should be reported immediately to AIM by emailing us at mailto:firstname.lastname@example.org.
12.16.7. To the fullest extent permitted by law, you waive and agree to waive all rights of authorship, paternity, attribution, integrity, disclosure, withdrawal, and any other rights that are known or referred to as “moral rights”, “artist’s rights”, “droit moral”, or other similar rights, recognized under any legal or equitable theory of any country or under any treaty, regardless of whether that right is referred to as a “moral right” (collectively “Moral Rights”) in and to your AAC. You further knowingly and irrevocably agree to not exercise any Moral Rights in and to your AAC that you have not waived in any manner that interferes with any exercise of granted rights. You waive and agree not to assert your Moral Rights even if your AAC is altered or changed in a manner not agreeable to you.
- Platform / Software Updates and Patches
AIM may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. AIM may update the Software remotely without notifying you, and you hereby consent to AIM applying patches, updates, and upgrades. AIM may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to (where applicable) any in-game rewards, trophies, achievements, character levels, LOONS, associated NFTs or Content. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Services may cease to be available to you at any time without notice from AIM, including without limitation after a patch, update, or upgrade is applied by AIM. AIM does not have any maintenance or support obligations with respect to the Software or Services.
Ownership/Third Party Licenses
14.1. AIM and its licensors own all title, ownership rights, and intellectual property rights in and to the Site, Software and Services. Features may be made available to you via the Site, Software and Services that provide prefabricated templates or in-game items to use in connection with your AAC (defined below), however your use of a template does not give you any copyrights or other ownership in the template. Aftermath Islands Metaverse Limited, Oasis Digital Studios Limited, Liquid Avatar Technologies Inc., AWS, Ready Player.Me, Unreal and Unreal Engine, and their respective logos, are trademarks or registered trademarks of AIM and its affiliates. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
14.2. You acknowledge that the Site, Software and Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Site, Software and Services, in whole or in part. The AIM Parties have exclusive ownership and includes all elements of the Site, Software and Services, and all intellectual property rights therein. The visual interfaces, graphics, design, systems, methods, information, computer code, software, “look and feel”, organization, compilation of the content, code, data and all other elements of the Site, Software and Services (collectively, the “Materials) are owned by the AIM Parties and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All of the Materials are the copyrighted property of the AIM Parties or its licensors, and all trademarks, logos, service marks, and trade names contained in the Materials are proprietary to the AIM Parties or its licensors. Except as expressly set forth herein, your use of the Site, Software and Services does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Site, Software or Services. The AIM Parties reserves all rights to the Materials not expressly granted to you. For the sake of clarity, you understand and agree: (i) that any “purchase” of VL, does not give you any rights or licenses in or to the Materials; and (ii) that you do not have the right to reproduce, distribute or otherwise commercialize any elements of the Materials in any way without the AIM Parties’ prior written consent in each case, which consent may be withheld in the sole and absolute discretion of the AIM Parties.
14.3. The Software includes certain components provided by AIM’s licensors. A list of credits and notices for third party components may be found in the game interface.
If you provide AIM with any Feedback, you hereby grant AIM a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information, including software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your employees, agents, contractors, or representatives) to AIM or its agents that relates to the Services or Software. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any such rights. You understand and agree that AIM is not required to make any use of any Feedback that you provide. You agree that if AIM makes use of your Feedback, AIM is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to AIM to grant AIM and other affected parties the rights described above. This includes but is not limited to intellectual-property rights and other proprietary or personal rights.
16. Disclaimers, Limitation of Liability and Risks
16.1. Nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services. Some countries, states, provinces, or 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 jurisdictions.
16.2. You acknowledge and agree that you assume full responsibility for your use of AIM and the AIM Site, Software and Services. You acknowledge and agree that any information you send or receive during your use of AIM, or the AIM Site, Software and Services may not be secure and may be intercepted or later acquired by unauthorized parties. The Software (including any LOONS and Content) and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. AIM, its licensors, parents, subsidiaries, owners and its and their affiliates, including each of their respective directors, officers, employees, shareholders, agents, contractors and other representatives, disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not AIM knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, AIM, its licensors, parents, subsidiaries, owners, and its and their affiliates, including each of their respective directors, officers, employees, shareholders, agents, contractors and other representatives, make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. AIM, its licensors, parents, subsidiaries, owners and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law.
16.3. To the maximum extent permitted by applicable law, neither AIM, nor its licensors, parents, subsidiaries, owners, nor its or their affiliates, including each of their respective directors, officers, employees, shareholders, agents, contractors and other representatives nor any of AIM’s service providers (collectively, the “AIM Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software (including any LOONS or Content) or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of an AIM Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an AIM Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the AIM Parties arising out of or in connection with this Agreement or the Software (including any LOONS or Content) or Services will not exceed the greater of the total amounts you have paid (if any) to AIM for the Software (including any LOONS or Content) during the twelve (12) months immediately preceding the events giving rise to such liability or $100 United States dollars. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
16.4. Without limiting the generality of the foregoing, the AIM Parties do not represent or warrant to you that: (i) your access to AIM or the AIM Site, Software and Services will meet your requirements, (ii) your access to or use of AIM or the AIM Site, Software and Services will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the AIM Site, Software and Services will be accurate, (iv) the AIM Site, Software and Services or any content or features made available to you are free of viruses or other harmful components, or (v) that any data that you disclose when you use the AIM Site, Software and Services will be secure.
16.5. You accept the inherent security risks of providing information and dealing online over the internet and agree that the AIM Parties have no liability or responsibility for any breach of security unless it is due to its gross negligence. The AIM Parties will not be responsible for any losses you incur as a result of your use of the AIM Site, Software and Services or any third party services, including but not limited to any loses, damages or claims arising from: (a) user error, (b) server failure or data loss, (c) corrupted wallet files, (d) intellectual property infringement by users, (e) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against AIM, the AIM Site, Software and Services or any third party services.
16.6. VIRTUAL LAND PLOT AND PARCELS, DIGITAL WEARABLES, OTHER VIRTUAL ITEMS AND ANY OR ALL NFTS ARE INTANGIBLE DIGITAL ITEMS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON AN ASSOCIATED BLOCKCHAIN. AIM HAS NO CONTROL OVER AND MAKES NO REPRESENTATIONS, GUARANTEES, PROMISES OR OFFERS NO WARRANTIES WITH RESPECT TO THE VALUE, OWNERSHIP RECORD OR SMART CONTRACTS OF ANY DIGITAL ITEMS OR NFTS. THE HOLDER OF A DIGITAL ITEM OR NFT AGREES THAT THEY HAVE NO RIGHTS TO REFUNDS, MAKE CLAIMS, WHATSOEVER, AGAINST AIM AND WAIVES ALL RIGHTS TO DO SO.
16.7 LOONS ARE INTANGIBLE DIGITAL ITEMS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON AN ASSOCIATED BLOCKCHAIN. AIM HAS NO CONTROL OVER AND MAKE NO GUARANEES OR PROMISES WITH RESPECT TO THE VALUE, OWNERSHIP RECORD OR SMART CONTRACTS. AIM MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL OR OTHERWISE DEAL IN LOONS. THE HOLDER OF A DIGITAL ITEM OR NFT AGREES THAT THEY HAVE NO RIGHTS TO REFUNDS, MAKE CLAIMS, WHATSOEVER, AGAINST AIM AND WAIVES ALL RIGHTS TO DO SO.
16.8 LOONS AND ANY ASSOCIATED NFTS DO NOT IN ANY WAY REPRESENT ANY SECURITIES, SHAREHOLDING, PARTICIPATION, RIGHT, TITLE, OR INTEREST IN AFTERMATH ISLANDS METAVERE LIMITED, ITS SUBSIDIARIES, PARENT, OWNERS OR ANY OTHER COMPANY, ENTERPRISE OR UNDERTAKING, NOR WILL LOONS OR NFTS ENTITLES THE HOLDERS TO ANY PROMISE OF FEES, DIVIDENDS, REVENUE, PROFITS OR INVESTMENT RETURNS, AND ARE NOT INTENDED TO CONSTITUTE SECURITIES IN ANY RELEV\ANT JURISDICTION. LOONS AND NFTs MAY ONLY BE UTILIZED WITHIN AIM, AND OWNERSHIP OF LOONS AND ASSOCIATED NFTs CARRY NO RIGHTS, EXPRESS OR IMPLIED, OTHER THAN THE RIGHT TO USE LOONS AND ASSOCIATED NFTs AS A MEANS TO INTERACT WITHIN AIM. FURTHER, AIM DOES NOT CREATE OR SUPPORT ANY SECONDARY MARKET PRICING OF LOONS OR NFTs AND AS SUCH, AIM PROVIDES NO FUNCTIONALITY OR SCHEME DESIGNED TO INTERACT, SUPPORT, CONTROL OR MANIPULATE ANY SECONDARY MARKETPLACES.
16.9 THE AIM PARTIES MAKE NO REPRESENTATIONS, OFFERS NO GUARANTEES OR WARRANTIES AND ARE NOT RESPONSIBLE FOR ANY LOSSES DUE TO BLOCKCHAIN FAILURE, DISRUPTION, ANY ACTIVITIES, NEFARIOUS OR OTHERWISE OR ANY OTHER FEATURES OF YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH BLOCKCHAIN SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES OR LOSSES AS A RESULT. THE HOLDER OF A DIGITAL ITEM OR NFT AGREES THAT THEY HAVE NO RIGHTS TO REFUNDS, MAKE CLAIMS, WHATSOEVER, AGAINST AIM AND WAIVES ALL RIGHTS TO DO SO.
16.10. You acknowledge and agree that you assume full responsibility for your use of AIM and the AIM Site, Software and Services. You acknowledge and agree that any information you send or receive during your use of AIM, or the AIM Site, Software and Services may not be secure and may be intercepted or later acquired by unauthorized parties.
16.11. You represent that you understand the risks associated with blockchain based products and services and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of blockchain based products and services, NFTs and other technologies and programming that allows you to claim land and other virtual items.
16.12. The AIM Parties could be impacted by one or more regulatory inquires or regulatory actions, which could impede our or your ability to access AIM or the AIM Site, Software and Services.
16.13. You acknowledge that the Metaverse and all associated technologies are relatively new and progressing and as such, code cracking or technical advances such as the development of quantum computers may present a risk to the AIM Site, Software and Services, user accounts, wallets and ownership of any item via NFTs. By using the AIM Site, Software and Services, you acknowledge and agree to these risks.
16.14. AIM does not invite or make any offer to acquire, purchase, sell, transfer, or otherwise deal in any NFT asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of such assets, however, AIM and the AIM Parties do not provide any such services and do not undertake any liabilities in connection thereto. You acknowledge and agree to the risks associated with such third-party services and represent that AIM and the AIM Parties cannot be held liable for any such transactions, fluctuations in value or costs associated with any third-party services.
16.15. There are risks associated with using any internet or game-based currency, including, but not limited to, the risk of hardware, software and internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the AIM Parties will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the AIM Site, Software and Services.
16.16. The AIM Parties neither control nor own any third-party site, product, or services that you might access, visit, or use for any purpose and the AIM Parties shall not be liable for the acts, omissions, or any damage that you may suffer as a result of your transactions or interactions with any such third parties.
16.17. You are solely responsible for determining what, if any taxes may apply to your ownership of any virtual land or items you own or purchase. AIM does not and will not have any insight into nor control over any transactions conducted by you in AIM, and thus are not responsible for determining any and all taxes that may apply to your transactions and will not act as a withholding tax agent in any circumstances whatsoever. You will be solely responsible for paying any and all sales, use, value-added and other taxes, duties, assessments now or hereafter claimed or imposed by any government authority associated with your use of the AIM Site, Software and Services, including, without limitation, any taxes that may become payable as the result of your ownership, or transfer of any NFT and any activity conducted by you in AIM.
16.18. AIM does not support the transfer of any virtual items outside of the AIM system. Any participation by you in transactions of any kind outside of the AIM system may breach this Agreement and are done so AT YOUR OWN RISK. If you elect to purchase trade or sell any NFT with or from other users, AIM will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. AIM and the AIM Parties will have no liability to you or any third party for any claims or damages that may arise as a result of any transactions that you engage in.
17.1. This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
17.2. You agree to indemnify, pay the defense costs of, and hold the AIM Parties harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software (including any LOONS or Content) or Services, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from AIM’s use of your AAC or Feedback as provided under Sections 12 or 15 of this Agreement. You agree to reimburse AIM on demand for any defense costs incurred by AIM and any payments made or loss suffered by AIM, whether in a court judgment or settlement, based on any matter covered by this Section 17.
18.1. Without limiting any other rights of AIM, this Agreement will terminate automatically without notice if you fail to comply with any of its Terms. In the event of your breach of this Agreement, the AIM Parties may, may, without limitation, block any infringing content and adopt any other action deemed necessary to prevent future breaches, in addition to any other remedies the AIM Parties or any user may have at law or in equity.
18.2. You agree that the AIM Parties may, in its sole discretion and for any or no reason, may terminate this Agreement and suspend, block, or terminate your account and use of the Site, Software and Services, without prior notice and the AIM Parties will not be liable to you or to any third party for any such suspension or termination.
18.3. You may also terminate this Agreement by deleting the Software from all devices on which you’ve installed it. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.
18.4. Upon any termination or suspension of your account, you may no longer have access to information you have posted or AAC you have provided to the Site, Software or Services that is related to your account, and you acknowledge that the AIM Parties will have no obligation to maintain any such information or AAC in the relevant databases or to forward any such information to you or to any third party. Upon termination of your account, your right to use the Site, Software or Services will immediately cease.
18.5. Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
18.6. Sections 6, 7, 9, 12, 14-19, 21, 22, 24 and 26 will survive any termination of this Agreement.
Governing Law and Jurisdiction
This Agreement is entered into in Barbados, and shall be governed by, and construed in accordance with, the laws of Barbados, exclusive of its choice of law rules. For any Disputes deemed not subject to mediation, as provided in the section immediately below, you and AIM agree to submit to the exclusive jurisdiction of the courts of Barbados. You and AIM agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
- Notice and Procedure for Making Claims of Copyright Infringement
20.1. If you believe your Intellectual Property rights or the Intellectual Property rights of a person on whose behalf you are unauthorized to act has been infringed, you are encouraged to contact the infringing party directly. If you are unable to contact the infringing party, you may contact AIM and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of owner of the Intellectual Property right.
- A description of the Intellectual Property right that you claim has been infringed.
- A description of where the material that you claim is infringing is located
- Your address, telephone number and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the Intellectual Property right, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the Intellectual Property owner or authorized to act on the owner’s behalf.
20.2. To the extent possible, AIM may try to reach the would-be infringing party to forward your concerns. AIM is not in a position to assess the legal merits of any such claims.
20.3. As AIM does not control the User Content being uploaded by the Users, if the User does not agree with your claim and/or does not accept to withdraw the infringing content, AIM may, in its sole discretion, choose to: i) request documentation evidencing the right of the use of the User Content, including the use to any Intellectual Property rights embedded in the User Content, ii) block the User Content so as to render it inaccessible, (ii) block the User’s account, or iv) suspend the User’s account. AIM is not required to take any of the above actions. Any other or further actions, claims or remedies against the infringing User must be undertaken by the aggrieved User.
Binding Mediation; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Most issues can be resolved quickly and amicably by contacting AIM customer support at email@example.com . We understand that sometimes disputes can’t be easily resolved by customer support and this Section explains how you and AIM agree to resolve those disputes, including (where applicable) by binding mediation.
Binding Mediation is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between you and AIM is submitted to the Arbitration and Mediation Court of the Caribbean Inc. (“AMCC”) (not a judge or jury) for fair and fast resolution. Mediation is more efficient for both you and AIM and any settlement will be binding upon all parties.
21.1. Informal Resolution.
If you have an issue that our customer support can’t resolve, prior to starting mediation you and AIM agree to attempt to resolve the dispute informally. This will help to control costs for both parties. You and AIM agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day you or AIM receive a written Notice of a Dispute in accordance with this Agreement.
You will send your Notice of Dispute to Aftermath Islands Metaverse Limited at firstname.lastname@example.org. Your Notice must include your name, account name you use for AIM, your address, how to contact you, what the problem is and what you want AIM to do about it. If AIM has a dispute with you, AIM will send our Notice of Dispute to your registered email address and any billing address you have provided to AIM.
If you reside in the European Union (“EU”), you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
If the dispute isn’t resolved by Informal Resolution, you or AIM may begin mediation in accordance with this Agreement.
21.2. Binding Individual Mediation.
THE MEDIATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
You and AIM agree that Disputes will be settled by binding mediation conducted by the AMCC.
This means that you and AIM agree to a dispute-resolution process where we submit any Dispute to a neutral mediator (not a judge or jury) that makes the final decision to resolve the Dispute. AMCC uses experienced professionals to mediate disputes, which helps you and AIM resolve any disputes fairly, but more quickly and efficiently than going to court. The mediator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.
The mediator’s decision is final and can be enforced like any other court order or judgment.
AIM agrees to pay your mediation costs for all disputes of up to $1,000 USD that are made in good faith and do not breach the Terms of this Agreement.
21.2.1. Disputes We Agree to Mediate:
You and AIM agree to submit all Disputes between you and AIM to individual binding mediation. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and AIM that relates to your use or attempted use of the AIM Site, Software and Services, including without limitation the validity, enforceability, or scope of this Binding Individual Mediation section.
You and AIM agree to mediate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
The Informal Resolution and Mediation sections do not apply to (a) individual actions in small-claims court; (b) pursuit of enforcement actions through a government agency if the law allows; (c) a complaint or remedy under the EU General Data Protection Regulation; (d) an action to compel or uphold any prior arbitration decision; (e) AIM’s right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; (f) claims of piracy, creation, distribution, or promotion of Cheats, and intellectual-property infringement, and (g) the enforceability of the Class Action Waiver clause below.
You and AIM agree that whether a dispute is subject to mediation under this Agreement will be determined by the mediator rather than a court.
21.2.2. Notice and Filing.
If a Dispute must be mediated, you or AIM must start mediation of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. AIM encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.
21.2.3. Continuation in Effect.
This Binding Individual Mediation section survives any termination of this Agreement or AIM’s provision of services to you.
21.2.4. Future Mediation Changes.
Although AIM may revise this Agreement in its discretion, AIM does not have the right to alter this agreement to mediate or the rules specified herein with respect to any Dispute once that Dispute arises.
21.2.5. Class Action Waiver.
To the maximum extent permitted by applicable law, you and AIM agree to only bring Disputes in an individual capacity and shall not:
(a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
(b) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to this Agreement and all other actions or arbitrations.
If all or any provision of this Binding Individual Mediation agreement is found invalid, unenforceable, or illegal, then you and AIM agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and AIM agree that it will not be severable; this entire Binding Individual Mediation section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Agreement. Under no circumstances shall meditation be conducted on a class basis without AIM’s express consent.
Other Jurisdictional Matters
22.1. United States of America.
If you are using the AIM Site, Software and Services in the United States of America, the Software is a “Commercial Item” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Software is being licensed to end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
You agree to comply with all applicable federal and foreign laws, regulations, and rules, and complete any required undertakings. You agree not to use, export, re-export, or download the Software or Services into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any U.S. restricted or prohibited country or on any U.S. restricted or prohibited list.
If you are using our AIM Site, Software and Services in Brazil, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms and this Agreement, the following will prevail:
If you are 16 years of age, but under the age of 18, you can only use and register an account with the assistance of your parent or legal guardian and you represent and warrant that you have obtained the assistance of your parent or legal guardian in using the Services and agreeing to these Terms and this Agreement. If you are 13 years of age, but under the age of 16, you can only use and register an account with the representation of your parent or legal guardian and must obtain consent from your parent or legal guardian for your use of the AIM Site, Software and Services and acceptance of these Terms and this Agreement.
If you are using our AIM Site, Software and Services in India, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms and this Agreement, the following will prevail:
You may not use the AIM Site, Software or Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any Content that:
- Is obscene, pornographic, paedophilic;
- Is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
- Harms minors in any way;
- Deceives or misleads the addressee about the origin of any message or communicates any information which is grossly offensive or menacing in nature; or
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under provisions of Section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of AIM and all of its group companies, affiliates and successors in title and interest, whether existing or in the future.
It the event you are required to indemnify us pursuant to these Terms and this Agreement, or in relation to any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.
If you are using our AIM Site, Software and Services in Indonesia, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms and this Agreement, the following will prevail:
By accepting these Terms and this Agreement and using the AIM Site, Software and Services, you represent that you are at least 21 years of age or married but not under guardianship. If you are under 21 years of age and you are not married, your account must be opened under the name of your parent or legal guardian. Further, you represent and warrant that you have obtained consent from your parent or legal guardian unless you indicate otherwise. By consenting, your parent or legal guardian is/are agreeing to take responsibility for: (i) all your actions in connection with your access to the AIM Site, Software and Services; (ii) any fees or charges associated with your use of the AIM Site, Software or Services (as applicable); (iii) your compliance with these Terms and this Agreement; and (iv) ensuring that any participation by your use of the AIM Site, Software and Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent or legal guardian or your parent or legal guardian is not willing to open the account under their name, you must cease accessing the AIM Site, Software and Services immediately.
No limitation of liability set out in these Terms or this Agreement shall be applicable regarding any loss or damage incurred as a result of your willful misconduct or negligence.
The AIM Site, Software and Services are only for people 14 years of age or older in Indonesia and anyone under the age of 21, unmarried or under guardianship is required to have their parent or legal guardian open the account under their name.
These Terms and this Agreement have been prepared in English only. In the event of any inconsistency or different interpretation between these Terms and this Agreement and any translation to Indonesian, the English text of the Terms and the Agreement shall prevail, and any relevant Indonesian translation of the Terms and the Agreement shall be deemed to be automatically amended to conform with and to make relevant Indonesian translation consistent with the English test of these Terms and Agreement. Each Party acknowledges that it has read these Terms and this Agreement and understand its contents and that these Terms and this Agreement have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms and this Agreement, and you agree that you will not use the provisions under the Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Terms and this Agreement.
22.5. United Arab Emirates.
If you are using our AIM Site, Software and Services in the United Arab Emirates (“UAE”), the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms and this Agreement, the following will prevail:
If you are using our AIM Site, Software and Services in Mexico, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms and this Agreement, the following will prevail:
If you are under 18 years of age, you may only use the Services with the consent of your parent or legal guardian. You represent and warrant that your parent or legal guardian has reviewed, discussed these Terms and this Agreement with you and has agreed to these Terms and this Agreement on your behalf.
23. Amendments of this Agreement
24. No Assignment
You may not, without the prior written consent of AIM, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software. AIM may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
As used in this Agreement, the following capitalized words have the following meanings:
“AAC” includes without limitation buildings, in-game items such as clothing or weapons, chat posts, character data, game customization, in-game constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features, and screenshots, music, sounds, sound recordings (and the musical works embodied therein) audiovisual combinations, musical works, animations, and other types of works (standalone or in combination).
“Cheat Detection” means functionality intended to identify Cheats.
“Cheats” means programs, methods, or other processes which may give players an unfair competitive advantage in the Software.
“Confidential Information” means any non-public information related to the Software, including without limitation information related to gameplay or other content, LOONS, Content, the Services, your own feedback and comments, and the feedback or comments of any other licensee of the Software or any AIM representative.
“Content” means any virtual items, virtual environments (such as islands), or other content that AIM makes available for you to access or download through or in connection with the Software, and expressly includes Licensed Music, and AAC that has been licensed to us by our users.
“Aftermath Islands Metaverse Limited” means Aftermath Islands Metaverse Limited, having its principal business offices at Level 3, Cedar Court, Wildey Business Park, Wildey, St. Michael, Barbados.
“Oasis Digital Studios Limited” means Oasis Digital Studios Limited, having its principal business offices at Level 3, Cedar Court, Wildey Business Park, Wildey, St. Michael, Barbardos.
“Feedback” means any feedback or suggestions that you provide to AIM regarding the Software, Services or other AIM products and services.
“Services” means any services made available to you through the Software, including services to acquire, maintain and use LOONS and Content.
“Software” means the proprietary software application known as Aftermath Islands, and any patches, updates, and upgrades to the application, and all related content and documentation made available to you by AIM under this Agreement, including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the application, and any copies of any of the foregoing. Software specifically includes all LOONS and Content for which you have paid the associated fee or otherwise acquired a license under Section 10.
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and AIM relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining Terms of this Agreement will remain in full force and effect.
Any act by AIM to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
AIM’s obligations are subject to existing laws and legal process, and AIM may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.