Mining Terms and Conditions

The page content is about the T&C of Mining on Metasuite City Mobile App!

THE METASUITE CITY Mining Mobile App

Last updated 24 Feb 2023

These Metasuite City Terms of Use (the “Terms”) set forth the terms and conditions under which Metasuite City LTD, a company incorporated in United Kingdom, including its subsidiaries and affiliates (collectively, “TMC”, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to any of your activity in The Metasuite City, a decentralized, community-driven platform created and owned by SUITE (“The Metasuite City”). These Terms govern your access to, use of, and interaction with The Metasuite City, including any content, functionality, and services offered on or through The Metasuite City and your creation of any Suites and/or in-app (defined below) (collectively, the “Services”).

Please read these Terms carefully before you start to use The Metasuite City. By using The Metasuite City, you accept and agree to be bound and abide by these Terms, the extra Terms of Use which can be found at URL: https://app.metasuite.city/en/nft-terms-of-use/ and our Privacy Policy, which can be found at the following URL: Privacy Policy, you must not access or use The Metasuite City.

The Metasuite City is offered and available to users who are 18 years of age or older. By accessing or using The Metasuite City, you represent and warrant that you are of legal age to form a binding contract with SUITE and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use The Metasuite City.

THE METASUITE CITY

The Metasuite City enables users such as you to create, buy, transfer, and trade unique digital Suite Suites (each, an “Suite” and together, the “Suites”), which can then be used on The Metasuite for city-making purposes. The Metasuite City further enables users such as you to buy and publish onto Suites Spaces in The Metasuite within which you can create Suites and visual scripting using The Metasuite City Suite Maker, which creates an interactive experience built for, and published on, The Metasuite City (each, a “in-city-app”). A mobile app may be made available to users of The Metasuite City and you will control the pricing and business model (free or paid) of the in-mobile-app.

By utilizing our Services, you affirm that you are aware and acknowledge that TMC is a non-custodial provider of software services that has developed and distributed The Metasuite City where the Services occur without any involvement or actions taken by TMC or any third-party.

FULL ISLANDS AND OTHER NFTS RARITY

You may purchase Islands within The Metasuite City. Within your Island, you may edit your Metadata to adjust title, description, URL link, preview image, and logo. All Metadata (and any URL, images, or logos to which it links or that are uploaded) must comply with these Terms and specifically cannot link to or contain any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal. We reserve the right to moderate and/or delete any Metadata that does not comply with these Terms.

SALE OF SUITES AND IN-APP; PAYMENT

You may make your Suite eligible to be sold in The Metasuite City marketplace. You and TMC shall mutually agree on the price for the Suite in The Metasuite City marketplace. You will control the scarcity of the Suite in The Metasuite marketplace. Any revenue earned in The Metasuite City marketplace for sales of the Suite, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your Suite. An in-app may be made available for sale to users of The Metasuite and you will control the pricing and business model (free, or paid) of the Game. Any revenue earned in The Metasuite marketplace for sales of entries, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your NFT Entries.

If you elect to purchase and/or sell Suite and/or in-app on The Metasuite, any financial transactions that you engage in will be conducted solely through the Polygon network via MetaMask (or other Ethereum-compatible wallets and browsers). TMC has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, TMC will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in on The Metasuite City.

Each sales transaction that occurs in The Metasuite City will be subject to a fee payable by the purchaser to TMC. Such fee will be automatically applied as part of the sales transaction.

As between you and TMC, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on TMC’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of The Metasuite City (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or creation of any Suites and/or app).

OWNERSHIP OF METASUITE NFTS

By using the Services, you will encounter “TMC Content”, which includes all of the images, text, information, data, audio, video, graphics and other material included on, or otherwise made available through the Services, excluding your Suites and/or In-app. Except as otherwise set forth in these Terms, we do not claim ownership over your Suites and/or In-app

All TMC Content is owned by TMC or its licensors, and is protected by U.K and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and TMC and its licensors, TMC or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all TMC Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of TMC or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any TMC Content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of TMC or any third party. We reserve all rights not expressly granted to you in these Terms.

We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or TMC Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or TMC Content without express prior written permission from us or the applicable rights holder is strictly prohibited.

All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to TMC or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that TMC may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.

OWNERSHIP OF SUITES AND IN-APP

During the operation of the Services, you may upload certain Suites and NFTs that you have created to The Metasuite City in accordance with these Terms. Except as otherwise set forth in these Terms, you remain the owner of your Suites and NFTs at all times, and TMC does not claim any ownership rights in your Suites and In-City-App. Suites and In-app NFTs are otherwise subject to the following provisions. These Terms apply to all Suites and NFTs that you contribute to The Metasuite City or to any TMC website.

You are solely responsible for ensuring that any Suites and NFTs you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your Suites and NFTs may be used in accordance with our Privacy Policy. TMC always has the right, in its sole discretion, to accept or reject any Suites and/or NFTs.

By using the Services, you grant TMC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and license to use, reproduce, publicly display, distribute and adapt the publicly shared Suites and NFTs for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly shared Suites and NFTs. You further grant TMC the right to use your name and trademarks, if any, in connection with our use of your publicly shared Suites and NFTs.

You may make your Suites and In-App-NFTs available for purchase in The Merasuite City. Each Suite is a non-fungible token (a “NFT”) on the blockchain. When you upload a Suite and make it available for sale in The Metasuite marketplace, you retain ownership of all intellectual property rights associated with such Suite but you agree to make a certain number of the Suites available for sale as NFTs. End users who purchase the Suite own that underlying, purchased NFT completely and have the right to sell, trade, donate, give away, transfer, or otherwise dispose of the NFT as they see fit; provided, however, that each Suite will be tokenized so that it will have provable scarcity and proof of ownership.

If you make your Suites and NFTs available to other users hereunder, you acknowledge and accept that such Suites and NFTs (i) may be made available for purchase in The Metasuite City; (ii) can be downloaded from a third party application or website operated by TMC; and (iii) that the purchase of such Suites and NFTs is governed by these Terms.

TMC attempts to make sure that all Suites and NFTs uploaded to The Metasuite City are uploaded and made available for sale by their original creator, but TMC is not liable if another user breaches any of our terms and conditions (including these Terms) and/or creates Suites or NFTs of which they are not the original creator.

If you purchase a Suite in The Metasuite, please be aware that the creator of the Suite retains copyright to the Suite, which means you cannot use the Suite for commercial purposes of any kind; provided, however, that you do acquire the right to display and resell the Suite.

USER CONTENT

1.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 1.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

1.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

1.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(3.a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(3.b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

1.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section Error! Reference source not found., and/or reporting you to law enforcement authorities.

1.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

REPRESENTATIONS AND WARRANTIES

You warrant and represent that: (a) you own or otherwise control all of the rights to your Suites and In-app-NFTs; (b) the Suites and/or In-app-NFTs are your original creations and are solely the result of your artistic effort; (c) the Suites and/or In-app-NFTs are free and clear of liens or encumbrances from any source whatsoever; (d) you know of no adverse claims to the Suites and/or In-app-NFTs; (e) you have secured or will have secured prior to submitting the Suites and/or In-app-NFTs to TMC, any and all necessary rights, clearances and/or licenses with respect to the Suites and/or In-app-NFTs, and any other materials and elements embodied in or used in connection with the Services; (f) none of the Services and/or other materials provided, created, produced, compiled, developed or otherwise supplied hereunder, shall violate or infringe upon the copyright, trademark, privacy, creative or other rights of any person, firm, corporation or other third party by reason of distribution, exhibition or other use; (g) any Suites and/or In-app-NFTs you upload to The Metasuite City or any information incorporated into your inventory profile is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (h) you have not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.

RIGHT TO MONITOR, MODERATE, OR REMOVE

You agree that you bear all risks associated with your Suites and NFTs. You are solely responsible for safeguarding your Suites and NFTs, and TMC has no duty to store copies of Suites and NFTs for future availability to you or any user except as otherwise provided under these Terms. TMC does not permit the infringement of intellectual property rights on the Services, and will remove Suites and/or NFTs from the Services if properly notified that such Suites and/or NFTs infringe on another’s intellectual property rights. We reserve the right to remove Suites and NFTs from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a user pursuant to these Terms, we reserve the right to terminate the account of any user of the Services who has been notified of infringing activity and/or has had Suites and/or NFTs removed from the Service. We also reserve the right to decide whether Suites and/or NFTs are appropriate and comply with these Terms for violations other than violations of intellectual property law. This shall extend to the right of TMC to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your Suites and/or NFTs in any manner that we may determine, whenever we deem it appropriate.

INDEMNIFICATION

(a) You agree to indemnify and hold TMC, its directors, officers and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of (i) a breach of any representation, warranty or covenant hereunder, (ii) any exhibition, presentation, distribution or exploitation of your Suites and/or In-app-NFTs or any rights therein, and (iii) the negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing. (b) You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Suites and NFTs under these Terms and/or your relationship with TMC. (c) You agree to notify TMC promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Suites, your In-app-NFTs, or your obligations hereunder. (d) The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with TMC.

RESTRICTIONS AND OBLIGATIONS

It is important to TMC that the Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not use the Services to:

Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, TMC Content, Suites, and In-app-NFTs, except as permitted by these Terms;

Promote any illegal activity, or advocate, promote or assist any unlawful act;

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;

Transmit any material or content that is inappropriate for families or otherwise suitable only for adults;

Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;

Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;

Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;

Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or TMC’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or TMC’s computer or networking systems;

Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); and/or

Otherwise use the Services for purposes other than those for which they were designed.

Engage in activity which operates to defraud TMC, TMC users, or any other person.

Engage in gambling, casino-style games, or games of chance.

DISCLAIMERS; LIMITATION OF LIABILITY

NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY TMC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TMC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, TMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TMC DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TMC WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, TMC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US £50 THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

MODIFYING AND TERMINATING THE SERVICE

At any time and without notice, TMC reserves the right to modify or stop offering all or part of the Services. TMC may, in its sole discretion and at any time, refuse anyone who requests access to The Metasuite City, terminate your rights to create and/or upload Suites and In-app-NFTs, and/or block or prevent your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your Suites and In-app-NFTs in accordance with these Terms.

OTHER WEBSITES AND SERVICES

The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by The Metasuite City. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. TMC may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. TMC may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

GOVERNING LAW; FORUM

The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of United Kingdom, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of United Kingdom and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.

AMENDMENT

The Metasuite City reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.