Terms and Conditions
These Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you (“you", ”your”, “User”) and Mon Studios (“we", “us”, or “our”) concerning your access to and use of https://beta.defimons.com website, as well as any other media form, media channel or mobile website related, linked, or otherwise connected thereto (the “Website”). Defimons (the “Game”, “Mon Studios game”) is a massively multiplayer online role-playing games metaverse created by Mon Studios (hereinafter "Mon Studios" or the "Company"), that uses NFTs for in-game skins, items, apartments, monsters etc.
1. USER OBLIGATION
Use of our Website and services constitutes your acknowledgment and acceptance of these Terms and Conditions, which take effect on the date on which you first use our Website and any services offered by us on or beyond the site.
By using the Website, you agree on your behalf and on behalf of each entity and person on whose behalf you act, to abide by the terms and conditions set forth below.
The Website reserves the right to change these Terms and Conditions at any time and it is your responsibility to refer to and comply with these terms on accessing the Website and services.
Your continued use of this Website and services after changes are posted constitutes your acceptance of these terms and conditions as modified and the existing terms and conditions at the time of your use will govern your interaction with the Website or availed services.
If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of the Website and therefore should cease using the Website and services immediately.
2. USER ACCESS
Access to the Website and services is fully decentralized. User is allowed to create pools on in-built exchange, however the right for incentivization of pools remains with Mon Studios.
In order to use the Website, the User is obliged to provide with his/her Metamask wallet. Users can trade in-game NFTs using our in-built Marketplaces, access to which is decentralised. No user funds are managed by the contracts, or the game.
3. USE OF THE WEBSITE
To most easily use the Website, you should first install a web browser (such as the Google Chrome web browser). You will also need to use a Metamask wallet, which will enable you to use the Website.
You are responsible for the security of your electronic wallets.
You can use your electronic wallet to purchase, store, and engage in transactions using one or more cryptocurrencies that we may elect to accept from time to time. Transactions that take place on the Website are managed and confirmed via the MON Subnet, which is the Ethereum Virtual Machine (hereinafter “EVM”) fork. You understand that your Ethereum blockchain public address will be made publicly visible whenever you engage in a transaction on the Website. The NFTs can only be bought using $MON tokens, a token established by Mon Studios.
4. PURCHASING YOUR COLLECTIBLES
The Website allows you to purchase, earn, collect and showcase digital assets that represent or relate to the Mon Studios metaverse, for example, in-game monsters, items, apartments and other NFTs (each, a“Collectible”).
You can purchase Collectibles (a) by buying Collectibles from us on the Website; or (b) by buying Collectibles from other Collectible owners outside of the Website. If you decide to purchase Collectibles outside of the Website, you understand that such purchases will be entirely at your sole risk.
4.3.Characteristics of Collectibles.
Each Collectible represents or relates to an aspect of the Mon Studios metaverse.
5. PAYMENT, GAS FEES, AND TAXES
5.1.Financial Transactions on Website.
Any payments or financial transactions that you engage in via the Website will be conducted solely through the MON Subnet, which is the EVM fork, while initial Collectibles are held on the Ethereum blockchain.
We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Website, or any other payment or transactions that you conduct via the MON Subnet. We do not provide refunds for any purchases that you might make on or through the Website – whether for Collectibles or anything else.
Every transaction on the Ethereum blockchain requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized Ethereum blockchain. This means that you will need to pay a Gas Fee for each transaction that you instigate via the Website. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the Website.
5.3.Responsibility for Taxes.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the Website.
6. OWNERSHIP, LICENSE, OWNERSHIP RESTRICTIONS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
YOUR OWNERSHIP OF COLLECTIBLES WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH COLLECTIBLES FROM A LEGITIMATE SOURCE AND NOT THROUGH ANY OF THE CATEGORY B PROHIBITED ACTIVITIES (AS DEFINED BELOW).
For the purposes of this Section 6, the following capitalized terms will have the following meanings:
“Own” means, with respect to a Collectible, a Collectible that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Category B Prohibited Activities (as defined below)), where proof of such purchase is recorded on the Ethereum blockchain.
6.1. Ownership of Collectible
Because each Collectible is an NFT on the Ethereum blockchain, when you purchase a Collectible in accordance with these Terms (and not through any of the Category B Prohibited Activities), you own the underlying NFT. This means that you have the right to swap your Collectible, sell it, or give it away. Ownership of the Collectible is mediated entirely by the Ethereum blockchain. Except as otherwise permitted by these Terms, such as in cases where we determine that the Collectible has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Category B Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any Collectible.
6.2. We Own the Website
You acknowledge and agree that we own or control all legal right, title and interest in and to all other elements of the Website, and all intellectual property rights therein (including, without limitation, all designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, names, images, and logos identifying the Website and all other elements of the Website (collectively, the “Website Materials”)). You acknowledge that the Website Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trade mark or patent of the Website, its associated companies or any other third party.
All copyright, trademarks and other intellectual property rights on the Website and all material or content supplied as part of our Applications & Services shall remain at all times the property of Mon Studios or its licensors.
By accessing the Website, you agree that you do so only for your own personal, non-commercial or commercial use. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without Mon Studios’ prior written permission.
You agree to not to pirate, copy or duplicate any educational or non-educational content from this Website by any means in any possible manner. You agree that all the content on the Website & it’s associated Websites are copyrighted and protected by the law.
6.4. No User License or Ownership of Website Materials
Your use of the Website does not grant you ownership of or any other rights with respect to any content, code, data, or other Website Materials that you may access on or through the Website. We reserve all rights in and to the Website Materials that are not expressly granted to you in these Terms.
6.5. Further User Ownership Acknowledgements
For the sake of clarity, you understand and agree: (a) that your purchase of a Collectible, whether via the Website or otherwise, does not give you any rights or licenses in or to the Website Materials other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Website Materials our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
7. CONDITIONS OF USE AND PROHIBITED ACTIVITIES
YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE WEBSITE, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE WEBSITE ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND OTHER APLICABLE LAWS OR REGULATIONS.
7.1. User Warranties
Without limiting the foregoing, you warrant and agree that your use of the Website will not (and will not allow any third party to):
(a) in any manner:
- involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
- involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- involve the uploading, posting, transmitting or otherwise making available through the Website any content that infringes the intellectual proprietary rights of any party;
- involve using the Website to violate the legal rights (such as rights of privacy and publicity) of others;
- involve engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering);
- involve interfering with other users’ enjoyment of the Website;
- involve exploiting the Website for any unauthorized commercial purpose;
- involve modifying, adapting, translating, or reverse engineering any portion of the Website;
- involve removing any copyright, trademark or other proprietary rights notices contained in or on the Website or any part of it;
- involve reformatting or framing any portion of the Website;
- involve displaying any content on the Website that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
- involve using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Website or the content posted on the Website, or to collect information about its users for any unauthorized purpose;
- involve accessing or using the Website for the purpose of creating a product or service that is competitive with any of our products or services;
- involve abusing, harassing, or threatening another user of the Website or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by our employees or otherwise); or
- involve using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Website or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers
(each, a “Category A Prohibited Activity”); and/or
(b) in any manner:
- involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);
- involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Website;
- involve acquiring Collectibles through inappropriate or illegal means (including, among other things, using a payment mechanism that you do not have the right to use, or purchasing a Collectible and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Collectible or selling, gifting or trading the Collectible to someone else);
- otherwise involve or result in the wrongful seizure or receipt of any Collectibles or other digital assets; or
- engage in any practice that aims to manipulate the outcome of any Mon Studios game. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited.
(each, a “Category B Prohibited Activity” and, together with Category A Prohibited Activity, the “Prohibited Activities”).7.2. Effect of Your Breaches
If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately disallow your access to the Mon Studios game using your particular electronic wallet or Collectible. Such disallowance to the game will not affect your ownership rights in any Collectibles that you already Own, such Collectibles will not be deleted from the Website, but you will not receive a refund of any amounts you paid for those Collectibles. 8. TERMINATION 8.1.You Terminate
You may terminate these Terms discontinuing your access to and use of the Website. If you terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Website – whether for Collectibles or anything else. 8.2. We Terminate
You agree that we, in our sole discretion and for any or no reason, may terminate these Terms without the provision of prior notice. You agree that any suspension or termination of your access to the Website may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.8.3. Other Remedies Available
If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity. 8.4. Referral to Governmental Authority
We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website. 8.5. Effect of Termination
Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Website, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES. 9. LIMITATIONS AND LIABILITY
Neither Mon Studios (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Website or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Mon Studios Website or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Website.
Neither Mon Studios (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Website or any Content will be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the Website. We exclude all liability which might arise from your use or reliance on the content of the Website, save to the extent such liability arises from our fraud or fraudulent misrepresentation or from any death or personal injury that arises due to our negligence.
YOU BEAR FULL RESPONSIBILITY FOR PROVIDING OF PRIVATE INFORMATION, BERYFYING THE IDENTITY AND LEGITIMACY.
THESE LIMITATIONS OF LIABILITYAND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE TERMS BETWEEN YOU AND MON STUDIOS. 10. NO WARRANTIES
Mon Studios disclaims any and all warranties, expressed or implied, in connection with the service which is provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
Regardless of Mon Studios ´ efforts, Mon Studios makes no warranty that the service will be uninterrupted, timely or error-free, or that defects will be corrected. 11. YOUR REPRESENTATIONS
There is a risk of losing cryptocurrency & other funds of value when using the Website and Mon Studios has no responsibility to you for any such loss. Your use of the Service is at your sole option, discretion and risk.
You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by you through your using the Website;
The telecommunications networks, blockchain networks (such as Ethereum) and Internet access services required for you to access and use the Website are entirely beyond the control of Mon Studios and Mon Studios shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same. 12. ASSUMPTION OF RISK12.1. Value and Volatility
The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Collectibles, which may also be subject to significant price volatility. Each Collectible has no inherent or intrinsic value. We cannot guarantee that any Collectibles purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Mon Studios ecosystem may materially impact the value and desirability of any particular Collectible.12.2. Tax Calculations
You are solely responsible for determining what, if any, taxes apply to your Collectible-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Website. 12.3. Use of Blockchain
The Website does not store, send, or receive Collectibles. This is because Collectibles exist only by virtue of the ownership record maintained on the Ethereum blockchain. Any transfer of Collectibles occurs within the Ethereum blockchain, and not on the Website. 12.4. Inherent Risks with Internet Currency
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet.
You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the MON Subnet and Ethereum blockchain, however caused. 12.5. Regulatory Uncertainty
The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Mon Studios ecosystem, and therefore the potential utility or value of your Collectibles. 12.6. Software Risks
Upgrades to the MON Subnet and Ethereum blockchain, a hard fork in the MON Subnet and Ethereum blockchain, or a change in how transactions are confirmed on the MON Subnet and Ethereum blockchain may have unintended, adverse effects any network on the MON Subnet and Ethereum blockchain, including the Mon Studios ecosystem. 13. INDEMNIFICATION
You agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, officers, agents, employees, advertisers, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys' fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the Website; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Website. You agree that we will have control of the defense or settlement of any such claims. 14. EXTERNAL SITES
The Website may include hyperlinks to other websites or resources (collectively, the “External Sites”
), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites. 15. FORCE MAJEURE 15.1. Force Majeure Events
We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”
): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Terms; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control. 15.2. Performance During Force Majeure Events
If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 12, we may thereafter terminate these Terms upon fifteen (15) days' written notice. 16. AMENDMENT
Mon Studios reserves the right to update or modify this Terms or any part thereof at any time or otherwise change the Service without notice and you will be bound by such amended Terms upon posting. Therefore, we encourage you to check the terms and conditions contained in the version of the Terms in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Terms. 17. CHILDREN
You affirm that you are over the age of 18. The Website is not intended for children under 18. If you are under the age of 18, you may not use the Website. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Website.18. DISPUTE RESOLUTION; BINDING ARBITRATION
IN THIS SECTION 18, YOU ARE AGREEING TO GIVE UP RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
The Terms and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the United States. You irrevocably agree that, subject as provided below, the courts of the United States shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Terms and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Mon Studios to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. 19. GENERAL 19.1 Entire Terms
Other than as otherwise expressly set forth herein, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you. 19.3 Interpretation
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. 19.4 Severability
Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 19.5 No Waivers
Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative. 19.6 Assignment
You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.19.7 Miscellaneous
No waiver by Mon Studios of any breach of any provision of this Terms (including the failure of Mon Studios to require strict and literal performance of or compliance with any provision of this Terms) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Terms.
Nothing in this Terms shall create or confer any rights or other benefits in favour of any third parties not party to this Terms.
Nothing in this Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Mon Studios.
Mon Studios may assign, transfer, charge, sub-license, or deal in any other manner with this Terms, or subcontract any of its rights and obligations under this Terms, to any other party.
This Terms constitutes the entire understanding and agreement between you and Mon Studios regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and Mon Studios.LAST UPDATED: 16th October 2022