Terms — Metality Lab

MetalityVerse Terms of Use

Please read these Terms carefully before you start to use MetalityVerse. By using MetalityVerse, you accept and agree to be bound and abide by these Terms.

MetalityVerse (A Collection of tropical Islands) whereas Metality Lab LLC holds the intellectual property rights over, and makes available to MetalityVerse the VR, AR and Desktop Platforms, all Environments, Vlogs,Videos and any other features, tools and materials developed by Metality Lab and the website https://www.metalitylab.com. (the "Site").

By using or otherwise accessing the Platform, you accept and agree to be bound by these Terms and accept that the Site you use at your own risk. You acknowledge that as a user you must be 18 years or older to use the tools and the Platform pursuant to the collection, use, disclosure and other handling of information as described in the Privacy Policy, and any additional terms and conditions of participation issued by MetalityVerse from time to time. If you do not agree to the Terms, then you must not access or use the Platform.

The source code of the software that has been released under an open source license, such software code must be used in accordance with the applicable open source license terms and conditions below.

MetalityVerse has no obligation to operate the Tools or the Platform and may cease to operate one or more of the Tools or the Platform in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.

1. Disclaimer: Environments are provided may contain defects and software bugs. You agree and accept to access the site on an as is and as available basis. 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.

2. Eligibility:

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 by and comply with these Terms. MetalityVerse is a Virtual Platform and by accessing the content, the site, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access such tools and content and enter into arrangements as provided by the site. You further represent that you are otherwise legally permitted to use the Platform including owning cryptographic tokens, and interacting with the site, tools or content in any way. You further represent that you are responsible for your actions while utilizing the Site and acknowledge that MetalityVerse is 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. Account Access and Security:

Access to the tools is provided via a third party private key manager selected by you. Security and secure access to each account in the Tools is provided solely by the third party private key manager you select to administer your private key. You and the third party private key manager you select are entirely responsible for security related to access of the Tools and all information provided by you to such third party provider (including without limitation, email or phone number). MetalityVerse shall bear no responsibility for any breach of security or unauthorized access to your account (the "Account").

3.a You are solely responsible for all activities conducted through your Account whether or not you authorize 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, the MetalityVerse may suspend or block your Account (or Accounts).

If you reside where online gambling is banned you must refrain from accessing content which includes online gambling.

3.b MetalityVerse will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your Account.Transactions that take place using the tools are confirmed and managed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction using the Tools.

3.c You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account. You acknowledge that in the event of any unauthorized use of or access to your Account, Password or other breach of security, you accept that due to the nature of the tools and the platform itself, MetalityVerse will be unable to remedy any issues that arise. MetalityVerse will not be liable for any loss or damage to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part

4. Representations and Risks:

You acknowledge and agree that your use of the Tools and the Site is at your sole risk. The Tools and the Site are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that MetalityVerse has no obligation to take any action regarding: which users gain access to or use the tools; what effects the tools may have on you; the Property you own; how you may interpret or use the Tools; or what actions you may take or fail to take as a result of having been exposed to the Tools. You agree to release MetalityVerse and or Metality Lab LLC from all liability for your inability to access to the Site, Tools or any content therein. MetalityVerse and or Metality Lab LLC is not and cannot be responsible for and makes no representations, warranties or covenants concerning any content contained in or accessed through the Platform, Tools, and MetalityVerse and or Metality Lab LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Tools.

4.a Sophistication and Risk of Cryptographic Systems:

By utilizing the Tools, the Platform or interacting with the Tools or platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard.

4.b Risk of Regulatory Actions in One or More Jurisdictions:

MetalityVerse and or Metality Lab LLC could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access the Site or use the Tools or Ethereum blockchain.

4.c Risk of Weaknesses or Exploits in the Field of Cryptography:

You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, cryptocurrencies and the Tools, which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By virtue of utilizing the Site and Tools you acknowledge and agree to undertake these risks.

4.d Use of Crypto Assets:

Some Tools allow the use of blockchain technologies. You acknowledge and agree blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain . Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets; You acknowledge and agree these risks and represent that MetalityVerse and or Metality Lab LLC cannot be held liable for changes and fluctuations in value or increased costs.

There are risks associated with using an Internet-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 MetalityVerse will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network or any sidechain or similar device for processing transactions, however caused.

4.e Application Security:

You acknowledge and agree that the Platform, the Tools and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Platform, Tools or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the tools. You further expressly acknowledge and agree that Ethereum applications can be written maliciously or negligently, that MetalityVerse cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the MetalityVerse in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the tools or the Site.

4.f Third Party Providers:

MetalityVerse and or Metality Lab LLC is not responsible for any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the tools. MetalityVerse and or Metality Lab LLC shall not be liable for the acts or omissions of any such third parties, nor shall the MetalityVerse and or Metality Lab LLC be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

4.g Taxes;

You are solely responsible for determining what, if any, Taxes apply to your Property parcel related transactions, and any other transaction conducted by you. does not, and will not, have any insight into or control over any transactions conducted by you in MetalityVerse, and thus is not responsible for determining the Taxes that apply to your transactions entered through the Tools or otherwise involving any Property parcel, or any other related transaction, and is not to act as a withholding Tax agent in any circumstances whatsoever.

4.h Uses of the Tools:

You acknowledge and agree that MetalityVerse does not store, send, or receive Property parcels. This is because parcels exist only by virtue of the ownership record maintained on the MetalityVerse platform supporting blockchain in the Ethereum network. Any transfer of Property occurs within the supporting blockchain in the Ethereum network, and not within the MetalityVerse platform.

4.i Risks of Changes to Ethereum Platform:

Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all or any other future Ethereum standard.

4.j Wearables Curation:

You acknowledge that MetalityVerse at their discretion may restrict or ban certain contents or decisions. You acknowledge you will be exclusively liable for any content you make available on the Platform.

4.k If you elect to purchase, trade, or sell a Property parcel, Avatar, wearable or other non-fungible token ("NFT") with or from other users via MetalityVerse, any financial transaction that you engage in will be conducted solely through the Ethereum network. MetalityVerse and or Metality Lab LLC will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, MetalityVerse 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, or any other transactions that you conduct via the Ethereum network, and other networks, sidechains, Layer 2 solutions or Web3 providers.

4.l Ethereum requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs. You accept that the payment of the Gas Fee is inherent to the nature of the Ethereum network.

4.m All Transactions including but not limited to digital assets and Property transactions taking place in Metalityverse will be subject to a 2.5% marketplace transaction charge calculated over the amount of the digital physical world currency involved in such transactions. Such cost will be borne by the participants to the transaction. Please be aware that transactions in third-party NFT marketplaces may be subject to the fees charged by said third-party marketplaces as per the respective terms and conditions. MetalityVerse and or Metality Lab LLC have no liability whatsoever with regards to transactions conducted in third-party marketplaces.

4.n As the user you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your transactions 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 MetalityVerse. Except for income taxes levied in MetalityVerse, you: (i) will pay or reimburse the MetalityVerse for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu of based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to MetalityVerse pursuant to these terms.

5. Changes:

MetalityVerse may approve changes to the Terms from time to time. When MetalityVerse approves changes, MetalityVerse will make available the updated Terms through the Site. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Tools or the Site after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you must not access or use the Tools or the Platform.

6. Indemnity:

You shall release and indemnify, defend and hold harmless the MetalityVerse and Metality Lab LLC, and its officers, directors, employees and representatives from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of MetalityVerse experiences the platform or site, your violation of these Terms of Use, and any of your acts or omissions.

7. Disclaimers:

10.1 You acknowledge and agree that you assume full responsibility for your use of the MetalityVerse Platform and Experiences. You acknowledge and agree that any information you send or receive during your use of the platform may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the platform is at your own risk. you acknowledge and agree that the experiences provided "as is" and "as available" without warranties of any kind, whether express or implied. recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither MetalityVerse and or Metality lab LLC, its directors, officers and employees, MetalityVerse and or Metality lab LLC nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability, infringement of intellectual property or theft or misappropriation of property or any other, resulting from Platform; the use or the inability to use the site or tools; unauthorized access to or alteration of your transmissions or data; statements, content or conduct of any third party on platform; any actions MetalityVerse takes or fails to take as a result of communications you send; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software and any injury or damage to computer equipment; inability to fully access the platform or experiences; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to Platform.

MetalityVerse and or Metality lab LLC hereby expressly disclaims, waives, releases and renounces all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement without limiting the generality of the foregoing. MetalityVerse, its directors, officers, employees and licensors do not represent or warrant to you that: (i) your access to or use of the platform will meet your requirements, (ii) your access to or use of the platform will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the platform will be accurate, (iii) the platform or any content, services, or features made available on or through the platform are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the platform will be secure. You accept the inherent security risks of providing information and dealing online over the internet, and agree that MetalityVerse, its directors, officers and employees have no liability or responsibility for any breach of security unless it is due to its gross negligence.

MetalityVerse, its directors, officers and employees will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum network or any other electronic wallet, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) intellectual property infringement by the users; (e) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing or other means of attack against the tools, Ethereum network, or other electronic wallet.

land parcels, wearables and any and all tokens are intangible digital assets that exist only by virtue of the ownership record maintained in the Ethereum network. all smart contracts are conducted and occur on the decentralized ledger within the Ethereum platform. MetalityVerse has no control over and makes no guarantees or promises with respect to the ownership record or smart contracts.

Digital assets that exist only by virtue of the ownership record maintained in the Ethereum network. all smart contracts are conducted and occur on the decentralized ledger within the Ethereum platform. MetalityVerse has no control over and make no guarantees or promises with respect to the ownership record or smart contracts.

MetalityVerse is not responsible for losses due to blockchain or any other features of the Ethereum network or other electronic wallet, including but not limited to late report by developers or representatives of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result.

Some tools, as the desktop client provides you with faster access and interaction with MetalityVerse, the download and use of the desktop client may include the download of the content created by the users and available to your device, which may be illegal in your country or offensive. MetalityVerse and Metality Lab LLC are not liable for such content. Content available in MetalityVerse may redirect you to third-party links for which MetalityVerse and or Metality lab LLC are not responsible. You are solely responsible for all downloads of third-party content and data, and for all third-party links clicked on. Please note that by creating a user on the app you release MetalityVerse and or Metality Lab LLC from any and all liability regarding the above-mentioned content, data or links and assume the risks described above.

8. limitation on liability:

You understand and agree that MetalityVerse and or Metality Lab LLC, its officers, employees, directors, licensors will not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss.

9. Proprietary Rights:

All title, ownership and Intellectual Property Rights in and to the Site and the Tools are owned exclusively by MetalityVerse and or Metality Lab LLC or its licensors. Metality Lab LLC holds these Intellectual Property Rights for the benefit of the MetalityVerse platform as a whole. You acknowledge and agree that the platform contains proprietary and confidential information that is protected by applicable Intellectual Property and other laws. MetalityVerse and or Metality Lab LLC owns exclusive ownership which includes all elements of the platform, and all Intellectual Property Rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with Tools), design, systems, methods, information, computer code, software, "look and feel", organization, compilation of the content, code, data, and all other elements of the Site and platform (but excluding the Content submitted by Users) are owned by MetalityVerse and or Metality Lab LLC, and are protected by copyright, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All MetalityVerse materials are the copyrighted property of MetalityVerse and or Metality Lab LLC or its licensors, and all trademarks, logos, service marks, and trade names contained in MetalityVerse materials are proprietary to MetalityVerse and or Metality Lab LLC or its licensors. Except as expressly set forth herein, your use of the MetalityVerse Platform 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 Platform. MetalityVerse reserves all rights in and to MetalityVerse materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that any "purchase" of Property, whether via the tools or otherwise, does not give you any rights or licenses in or to other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the MetalityVerse and or Metality Lab LLC materials in any way without prior written consent in each case, which consent the MetalityVerse and or Metality Lab LLC may withhold in its sole and absolute discretion.

You acknowledge and agree that you are responsible for your own conduct while accessing or using the Platform, and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and 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 approved by MetalityVerse and or Metality Lab LLC, including without limitation, Content that infringes the Intellectual Property Rights of any party and any Content that contains any 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 the use of an email address or otherwise); (iv) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users' enjoyment of the Platform; (vii) exploit the Platform 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 Platform; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xi) reformat or frame any portion of the Platform; (xii) stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Platform; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site, the Platform or the content posted on the Platform or to collect information about its 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 the experience of any users on the Platform; (xv) create user accounts by automated means or under false or fraudulent pretenses; (xvi) attempt to gain unauthorized access to any other user's Account, password or Content; or (xvii) access or use the Platform for the purpose of creating a product or service that is competitive with the Platform.

Ownership and management of Property, Non-fungible tokens (NFTs) and Content created by users:

Property: All title and ownership rights over each piece of Property lies with its owner. Each Property owner decides the Content to be included in the Property and may impose its own terms and conditions and policies. In the case of Districts, the relationship between the District and District participants - in any capacity - is exclusively governed by the applicable plan approved. You are advised to review any such terms, conditions and policies before entering into transactions in any Property. MetalityVerse does not control the Content of each Property parcel and does not assume any liability or obligation in connection thereto. All Content uploaded to Property must comply with the Content Policy. MetalityVerse and or Metality Lab LLC holds the Intellectual Property Rights over the Property smart contract but does not have any Intellectual Property Right over the Content introduced by each user.

NFTs: All title, ownership and Intellectual Property Rights over NFTs, including without limitation, Wearables, belong to the creator of the NFT. Transactions for the sale of NFT through the Marketplace will convey said title, ownership and Intellectual Property Rights to the purchaser. To the fullest extent possible, the creator will waive any moral rights over the NFTs upon transfer to third parties. Neither MetalityVerse and or Metality Lab LLC have any Intellectual Property Rights over NFTs created by users. All NFTs must comply with the Content Policy.

Content: All title, ownership and Intellectual Property Rights over the Content created by users belongs to the users who created said Content. Neither MetalityVerse and or Metality Lab LLC have any Intellectual Property Rights over the user’s Content. The creator of the Content may impose its own terms, conditions and licenses for access and use of said Content. You are advised to review any such terms, conditions and policies before accessing any such Content. All Content must comply with the Content Policy.

10. Grant of Copyright License:

Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. The following Tools are not subject to the provisions of this and are of proprietary nature of MetalityVerse and or Metality Lab LLC: Vlog and Events.

10.a Trademarks: This License does not grant permission to use the trade names, logo, trademarks, service marks, or product names of the licensee and/or its licensors, except as provided in the Terms of Use for MetalityVerse Logo and Name.

10.b Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, MetalityVerse and/or its licensors provide the Work (and each Contributor provides its Contributions) 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 the Work and assume any risks associated with your exercise of permissions under this License.

10.c 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 any Contributor 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 Work (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 such Contributor has been advised of the possibility of such damages.

10.d Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, you may choose to offer, and charge a fee for, acceptance of support, warranty, 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 Contributor, and only if you agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

11. Links:

The Platform provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because MetalityVerse has no control over such sites, applications and resources, you acknowledge and agree that MetalityVerse, its officers, employees are not responsible for the availability of such external sites, applications or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MetalityVerse, its officers, employees, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. Termination and Suspension:

You shall have a right to terminate your Account at any time by canceling and discontinuing your access to and use of the Platform. MetalityVerse may decide to terminate or suspend all or part of the Platform and your access to the Platform immediately, without prior notice or liability. You will not receive any refunds if you cancel your Account, or if these Terms are otherwise terminated. You agree that the Platform, in its sole discretion and for any or no reason, may terminate these Terms and suspend your Account(s). You agree that any suspension of your access to the Platform may be without prior notice, and/or MetalityVerse (and its officers and employees) will not be liable to you or to any third party for any such suspension.

In the event of your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, MetalityVerse may, without limitation, suspend your Account, block any infringing Content and adopt any other action deemed necessary to prevent future breaches.

Upon any termination or suspension of your Account, you may no longer have access to information that you have posted on the Platform or that is related to your Account, and you acknowledge that MetalityVerse and or Metality Lab LLC will have no obligation to maintain any such information 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 Platform will immediately cease. The following provisions of these Terms survive any termination of these Terms: REPRESENTATIONS AND RISKS; TRANSACTION AND FEES; INDEMNITY; DISCLAIMERS; LIMITATION ON LIABILITY; PROPRIETARY RIGHTS; LINKS; TERMINATION AND SUSPENSION; NO THIRD-PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.

13. No Third-Party Beneficiaries:

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

14. Binding Arbitration and Class Action Waiver: PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

14.a Initial Dispute Resolution:

The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

14.b Binding Arbitration:

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.

Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce. .

14.c Class Action Waiver:

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MetalityVerse AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

14.d Exception-litigation of Intellectual Property and Small Court Claims:

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

15. Entire Agreement:

These Terms constitute the entire agreement between you and the MetalityVerse with respect to the Platform and supersedes any prior agreements, oral or written, between you and the MetalityVerse. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.

16. Waiver and Severability of Terms:

The failure of MetalityVerse and or Metality Lab LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

17. Statute of Limitations:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. Definitions:

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"License" shall mean the terms and conditions for the use, reproduction, and distribution of the open source.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Work" shall mean the work of authorship made available under the License, as indicated by a copyright notice that is included in or attached to the Work.

MetalityVerse shall mean a digitally constructed Metaverse Collection of tropical Islands with multiple environments and experiences.

Platform shall mean mechanism for delivering the Immersive Virtual experiences that Metality Lab offers the user.

Experiences shall mean the different scenes the user enters while in MetalityVerse.

Environments shall mean 3D Virtual representations comprised of 3D models.

Tools shall mean the use of Virtual Reality (VR), Augmented Reality (AR), Artificial Intelligence (AI) Blockchain Technology and WEB 3.0.