Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and Monsterra Game (“we", “us", or “our") concerning your access to and use of the www.Monsterra.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. Monsterra is currently running on the BNB Network (the "Blockchains"), using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own, transfer, battle, and breed genetically unique digital creatures. It also enables users to own and transfer other digital assets like plots of land and items. These assets can then be visualized on a website that the user can interact with (the "Site"). 
We are only willing to make the smart contracts and the site available to you if you accept all of these terms. By using the smart contracts, the site, or any other official Monsterra product, you confirm that you have read, understand, and agree to be bound by all of these terms of use. If you do not agree and/or accept all of these terms of use, you are expressly prohibited from using the site and the smart contracts, and you must discontinue use immediately. 
Supplemental terms and conditions or documents that may be posted on the Site, and the Smart Contracts from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site and the Smart Contracts after the date such revised Terms of Use are posted. The information on the Site, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site while breaking their local laws are doing it on their initiative and will have to deal with the consequences when applicable. The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site and the Smart Contracts.
1. INTELLECTUAL PROPERTY RIGHTS 
Unless otherwise indicated, the Site and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site, as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 
Provided that you are eligible to use the Site, and the Smart Contracts, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. 
Provided that you own, or get permission from someone who owns a Monsterra asset, you are granted a limited license to create fan-art which can be used commercially given that you follow the terms set herein: 
Fan artwork must not use official Monsterra assets (the Monsterra logo, MSTR logo, etc), but creating derivate non-commercial official Monsterra-assets as inspiration is acceptable. 
The artwork must clearly state “Monsterra Fanart”, link to Monsterra.io link directly to the Monsterra that is being used for inspiration. 
Creating original fanart without monetizing it is acceptable without any license or ownership.
2. USER REPRESENTATIONS 
By using the Site, and the Smart Contracts, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site, and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise. (6) you will not use the Site, and the Smart Contracts for any illegal and unauthorized purpose; and (7) your use of the Site, and the Smart Contracts will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, and the Smart Contracts (or any portion thereof). Monsterra reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of Monsterra services in certain countries or regions.
3. USER REGISTRATION 
You may be required to register with the Site, and the Smart Contracts. You agree to keep your password confidential and responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. PROHIBITED ACTIVITIES 
You may not access or use the Site, and the Smart Contracts for any purpose other than that for which we make the Site, the App, and the Smart Contracts available. The Site, and the Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with Monsterra.
5. FEE AND PAYMENT 
Any purchases (breeding Mongens, buying Mongens) from the site or marketplace will be made through smart contracts on a blockchain using a wallet such as Metamask. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet such as MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we 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 via the Site or using the Smart Contracts, or any other transactions that you conduct via the BNB network.
6. SUBMISSION 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, and the Smart Contracts (“Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
7. TERMINATION 
These Terms of Use remain in full force and effect while you use the Site, and the Smart Contracts. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site, and the smart contract (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site, the app, and the smart contract or delete your account without warning, at our sole discretion. 
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right
8. USER DATA 
We will maintain certain data that you transmit to the Site, and the Smart Contracts to manage the performance of the Site, and the Smart Contracts, as well as data relating to your use of the Site, and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site, and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
9. MISCELLANEOUS 
These Terms of Use and any policies or operating rules posted by us on the Site, and the Smart Contracts, or in respect to the Site, and the Smart Contracts constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
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