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TERMS OF SERVICE
Last updated January 30, 2024
These terms of use ("Terms of Use" or "Terms") set forth the terms and conditions under which MegaMod Inc. (formerly known as OnlySpace, Inc.), a company incorporated in the State of Delaware, US, and its subsidiaries and affiliates (collectively, “MegaMod”, “us”, “our”, or “we”), and you (“User”, “you” or “your”) agree to be governed as it relates to any of your activity in the MEGAMOD Platform, a decentralized, community-driven platform created and owned by MegaMod and available at the website: https://megamod.io/ and mobile applications: MegaMod iOS App and MegaMod on Google Play (the “Platform”).
1. GENERAL TERMS
1.1. These Terms govern your access to, use of, and interaction with the Platform, including any content, functionality, and services offered on or through Platform and your creation of any Assets (defined below) (collectively, the “Services”).
1.2. The Platform is offered and available on the website https://megamod.io/ to users who are 14 years of age or older. By accessing or using the Platform, you represent and warrant that you are of legal age to form a binding contract with MegaMod and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
1.3. The Platform is offered and available on the mobile application: MegaMod iOS App and MegaMod on Google Play without age restrictions, including for users under the legal age of majority (a “minor”).
If you are a minor in your jurisdiction or state of residence, before using the services, your parent or legal guardian must read and consent to these Terms. If you (or your parent or legal guardian in case you are a minor or have limited legal capacity) do not agree to these Terms, then you may not use or access the Platform.
If you permit your minor child or legal ward to use the Platform, you agree to these Terms on behalf of them and yourself. You understand and agree that you are responsible for all uses of the Platform by your child and that you have the same duty of care as in your own matters. You agree that you will not knowingly allow any individual under the age of majority in your jurisdiction or state of residence to use or access the Platform without a parent or legal guardian supervising him or her.
1.4. By registering an account as well as using the Services, you accept and agree to be bound by these Terms and our Privacy Policy, which shall continue to apply for as long as you are maintaining the account or using the Services.
1.5. MegaMod reserves the right to update and change these Terms of Use from time to time by posting a notice on this page. A User who does not accept the amended Terms shall cease use of the Services.
1.6. MegaMod reserves the right to update and change the Services from time to time without notice, including removing or adding features, resources or applications from the Services. MegaMod may, in its sole discretion and at any time, refuse anyone who requests access to the Platform, terminate your rights to create Assets, and/or block or prevent your access to and use of any Services or features governed by these Terms.
2. ASSETS
2.1. The Platform available on the website https://megamod.io/ enables users such as you to create unique digital game assets in voxel art (each, an “Asset” and together, the “Assets”), which can then be used on or outside the Platform.
3. USER’S ACCOUNT
3.1. To use the Platform and the Services, it is required to subscribe for an account on the Service. The User is solely responsible for its account and anything that happens while signed in to or using the account.
3.2. The following information is required to set up an account: name, phone number and valid email address.
3.3. Maintaining proper security surrounding access to the Platform is solely the responsibility of the User. MegaMod accepts no responsibility for any damages occurring due to unsafe computing, including, without limitation, improper password protection, sharing of accounts, unencrypted data transfers etc.
3.4. The User is responsible for all activity and interaction with the Services undertaken through its account.
3.5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MegaMod customer, employee, member, or officer will result in immediate account termination.
3.6. MegaMod reserves the right to suspend or disable an account at its discretion and without any penalty or liability whatsoever and to remove and discard all or any part of the account at any time and without prior notice.
4. USE OF THE SERVICES
4.1. The User represents and warrants not to use the Services to:
4.1.1. cache, store or in any other way reuse results obtained from the Services;
4.1.2. bypass, disable or otherwise interfere with security related features of the Services or features that prevent, limit, or restrict the access to the Services;
4.1.3. interfere with or damage the operation of the Services by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code, abusing, hacking or otherwise misusing the Services;
4.1.4. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or other intellectual property rights of any part of the Services;
4.1.5. promote any illegal activity, or advocate, promote or assist any unlawful act;
4.1.6. 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;
4.1.7. transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
4.1.8. transmit any material or content that is inappropriate for families or otherwise suitable only for adults;
4.1.9. transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
4.1.10. 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;
4.1.11. 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;
4.1.12. 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;
4.1.13. 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 MegaMod ’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 MegaMod’s computer or networking systems;
4.1.14. 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);
4.1.15. otherwise use the Services for purposes other than those for which they were designed;
4.1.16. engage in activity which operates to defraud MegaMod, MegaMod users, or any other person; and/or
4.1.17. engage in gambling, casino-style games, or games of chance.
4.2. Excessive frequent requests to the Services may result in a temporary or permanent ban from using the Services and the Platform. MegaMod may in its sole discretion determine abuse or excessive use.
4.3. The User agrees not to sell, license, distribute, copy, record, modify, publicly perform or display, transmit, publish or republish, including republication on another website, edit, adapt, create derivative works from, or otherwise make use of the Services or the Assets that are not considered the User's propriety.
5. ASSET CREATION
5.1. User may create Assets that comply with these Terms, including the following requirements:
5.1.1. Assets are created on the Platform.
5.1.2. Assets must be unique, free from any third party rights, and must not contain any elements violating any intellectual property of any third parties.
5.1.3. Any Assets that exhibit obvious visual similarities to a pre-existing Asset will be removed from the Platform. MegaMod retains the right to moderate and review Assets for copyright infringement and to remove Assets from the Platform that violate these Terms.
5.1.4. Assets must not be pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal.
5.2. To reiterate, each new Asset must be different enough from all existing Assets. If variations are not allowed, which is the default, no Asset should look like, or be similar to, another Asset even if they differ in size and/or color. New Assets being sufficiently different from existing Assets will be determined in the sole discretion of MegaMod.
5.3. User is solely responsible for ensuring that any Assets created in the Platform comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, copyrights, privacy rights and publicity rights.
6. USER CONTENT
6.1. The User is solely responsible for any content, including photo images, logos, text, customer data etc. transmitted through the Platform (“User Content”).
6.2. The User represents and warrants that it has the necessary licenses, rights, and permissions to use and to authorize MegaMod to use and distribute its content as necessary for MegaMod to perform the Services pursuant to the Terms, and exercise by MegaMod of its rights as the owner of all rights to the Assets.
6.3. User hereby grants to MegaMod 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 (i) as may be necessary for MegaMod to provide the Services to you, including to support the Services; (ii) for the purpose of product and service development, marketing, analytics, quality assurance, machine learning, artificial intelligence, training, testing, improvement of the Services, the Platform, or MegaMod' other products, services, and software, or any combination thereof; and (iii) for any other purpose relating to any use or other act permitted in accordance with this Terms. User hereby irrevocably waives (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content.
6.4. The User understands that MegaMod's employees may access its content to provide support and improve the Services.
6.5. The User understands that the technical processing and transmission of the Services, including the content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.6. Under no circumstances will MegaMod assume any responsibility in the creation, arrangement or use of content transmitted by the User, nor does MegaMod monitor the submission of content by the User. It is the User's responsibility to ensure that any use of the Services complies with local law. MegaMod does not accept liability for any violations of such laws, including, without limitation, copyright infringements, data privacy etc.
6.7. MegaMod has the right, but not the obligation, to monitor the content submitted by the User to determine compliance with the Terms as well as to satisfy any law, regulation, authorized government request, or trade association guideline. MegaMod may, but has no obligation to, remove content and stores containing content that MegaMod determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the Terms.
6.8. If User provides MegaMod with any feedback or suggestions regarding the Platform or Services (“Feedback”), User hereby assigns to MegaMod all rights in such Feedback and agree that MegaMod shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. MegaMod will treat any Feedback which User provides to MegaMod as non-confidential and non-proprietary. User agrees that he will not submit to MegaMod any information or ideas that he considers to be confidential or proprietary.
6.9. The User is the data controller and MegaMod is the data processor in respect of any personal data transmitted to or through the Services by the User as well as to any other personal data processed on the User's account. The User is made aware that the Services, including the User's account, must not be used for processing sensitive personal data. It is the User's responsibility to ensure that no sensitive personal data is processed on the User's account or through the Services.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. MegaMod Intellectual Property Rights
7.1.1. By using the Services, you will encounter “MegaMod 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. All trademarks and trade names used in the Platform and/or available through the Services are proprietary to MegaMod or its licensors.
7.1.2. All MegaMod Content is owned by MegaMod or its licensors, and is protected by applicable copyright laws, trademark laws and/or other proprietary rights and laws.
As between you and MegaMod and its licensors, MegaMod or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all MegaMod 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 MegaMod or third parties in USA and/or other countries.
Your use of the Services does not grant you any ownership over any MegaMod 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 MegaMod or any third party. We reserve all rights not expressly granted to you in these Terms.
7.1.3. 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 MegaMod Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or MegaMod Content without express prior written permission from us or the applicable rights holder is strictly prohibited. Except as expressly permitted by this section, no other rights or licenses are granted or implied, including any right to use MegaMod Content for other purposes, such as for training a machine learning or AI model, without the express permission of rightsholders in the applicable MegaMod Content.
7.1.4. All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to MegaMod 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 MegaMod may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.
7.2. Ownership of Assets
7.2.1. During the operation of the Services, you may create Assets in the Platform in accordance with these Terms.
7.2.2. MegaMod obtains all worldwide right, title and interest in and to all Assets that are created by User in the Platform during the operation of the Services, whether completed or work-in-progress. User hereby irrevocably, unconditionally, perpetually, for all countries of the world without any limitations whatsoever fully transfers, conveys, and assigns (with full title guarantee and free from any and all encumbrances) any and all rights, title and interest in and to such Assets (including without limitation the right to obtain any available protection) that User has or may hereafter acquire, and MegaMod fully accepts all such rights, title and interest in and to such Assets (including without limitation the right to apply for and obtain legal protection) (the "Assignment").
7.2.3. User undertakes that User will execute such documents and take such lawful actions as MegaMod may request, at MegaMod’s reasonable expense, to evidence, perfect and fully accomplish the Assignment and to secure, perfect, register and enforce all worldwide Intellectual Property Rights of MegaMod and protections with respect to such Assets, take or refrain from taking any action as necessary or reasonable to ensure MegaMod’s sole and exclusive ownership in and to all Assets.
7.2.4. User shall not, directly or indirectly, challenge or contest, or cause or assist in any way any third party with challenging or contesting, the validity of the Assets and/or the sole and exclusive ownership of the Assets by MegaMod.
8. REPRESENTATIONS AND WARRANTIES
User warrants and represents that:
(a) User owns or otherwise controls all of the rights to the created Assets, which are transferred to MegaMod from the moment of Asset creation on the Platform;
(b) the Assets are your original creations and are solely the result of User’s artistic effort;
(c) the Assets are free and clear of liens or encumbrances from any source whatsoever;
(d) User knows of no adverse claims to the Assets;
(e) User possesses all the legal right, title or interest in or to any intellectual property (such as software, designs, copyright, patents, trademarks and trade secrets) that have been or will be used to create or be part of the Assets;
(f) neither of the Assets, nor any part, created by User in connection with the Services, do or will infringe any patent, copyright, trademark, right of privacy or publicity or other proprietary right of any third party or misappropriate any trade secret of any third party whether contractual or statutory, or misappropriate any trade secret of any third party; the use of the Assets does not require any license, authorization or consent from, or the making of any royalty or other payment to, any third party; no Assets will contain or utilize any confidential information of, or any intellectual property created by, third parties unless User has obtained a prior written permission of such third parties to use such third parties’ confidential information or intellectual property (with the rights to sublicense such use) in the Asset;
(g) any Asset which User creates in the Platform is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive;
(h) User has not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.
9. FEEDBACK
We appreciate your feedback and suggestions about our Services and you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
10. INDEMNIFICATION
10.1. You agree to indemnify and hold MegaMod, 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, assignment or exploitation of your Assets or any rights therein, and
(iii) the negligence, fault or default of you.
10.2. You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Assets under these Terms and/or your relationship with MegaMod.
10.3. You agree to notify MegaMod promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Assets or your obligations hereunder.
10.4. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with MegaMod.
11. 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 MEGAMOD ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEGAMOD 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, MEGAMOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEGAMOD 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, MEGAMOD 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, MEGAMOD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
12. OTHER WEBSITES AND SERVICES
12.1 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 MegaMod. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. MegaMod 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. MegaMod may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.
12.2. Apple Notice. If you use the Platform available on mobile application (“App”) on an iOS device, you also acknowledge and agrees to the terms of this clause 12.2. These Terms are between you and MegaMod only, not with Apple, and Apple is not responsible for the Platform and the content of the Platform. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Platform. If the Platform fails to meet the applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. Apple has no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Platform or your use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You hereby represent and warrants that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.3. Google Notice. If you use the App on an Android device, you also acknowledge and agrees to the terms of this clause 12.3. These Terms are between you and MegaMod only, not with Google, and Google is not responsible for the Platform and the content of the Platform. Google has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Platform fails to meet the applicable warranty, you may notify Google, and Google will refund any applicable purchase price for the App to you. Google has no other warranty obligation whatsoever with respect to the Platform. Google is not responsible for addressing any claims by you or any third party relating to the Platform or your use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Google is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Platform or your use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Google and Google subsidiaries are third-party beneficiaries of these Terms, and when you accept these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You hereby represent and warrants that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. GOVERNING LAW; FORUM
These Terms of Use are governed by and shall be construed in accordance with the laws of State of Delaware, US. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms of Use or arising therefrom or related thereto in any manner whatsoever, shall be settled in governmental courts of Delaware, the United States of America.
1. GENERAL TERMS
1.1. These Terms govern your access to, use of, and interaction with the Platform, including any content, functionality, and services offered on or through Platform and your creation of any Assets (defined below) (collectively, the “Services”).
1.2. The Platform is offered and available on the website https://megamod.io/ to users who are 14 years of age or older. By accessing or using the Platform, you represent and warrant that you are of legal age to form a binding contract with MegaMod and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
1.3. The Platform is offered and available on the mobile application: MegaMod iOS App and MegaMod on Google Play without age restrictions, including for users under the legal age of majority (a “minor”).
If you are a minor in your jurisdiction or state of residence, before using the services, your parent or legal guardian must read and consent to these Terms. If you (or your parent or legal guardian in case you are a minor or have limited legal capacity) do not agree to these Terms, then you may not use or access the Platform.
If you permit your minor child or legal ward to use the Platform, you agree to these Terms on behalf of them and yourself. You understand and agree that you are responsible for all uses of the Platform by your child and that you have the same duty of care as in your own matters. You agree that you will not knowingly allow any individual under the age of majority in your jurisdiction or state of residence to use or access the Platform without a parent or legal guardian supervising him or her.
1.4. By registering an account as well as using the Services, you accept and agree to be bound by these Terms and our Privacy Policy, which shall continue to apply for as long as you are maintaining the account or using the Services.
1.5. MegaMod reserves the right to update and change these Terms of Use from time to time by posting a notice on this page. A User who does not accept the amended Terms shall cease use of the Services.
1.6. MegaMod reserves the right to update and change the Services from time to time without notice, including removing or adding features, resources or applications from the Services. MegaMod may, in its sole discretion and at any time, refuse anyone who requests access to the Platform, terminate your rights to create Assets, and/or block or prevent your access to and use of any Services or features governed by these Terms.
2. ASSETS
2.1. The Platform available on the website https://megamod.io/ enables users such as you to create unique digital game assets in voxel art (each, an “Asset” and together, the “Assets”), which can then be used on or outside the Platform.
3. USER’S ACCOUNT
3.1. To use the Platform and the Services, it is required to subscribe for an account on the Service. The User is solely responsible for its account and anything that happens while signed in to or using the account.
3.2. The following information is required to set up an account: name, phone number and valid email address.
3.3. Maintaining proper security surrounding access to the Platform is solely the responsibility of the User. MegaMod accepts no responsibility for any damages occurring due to unsafe computing, including, without limitation, improper password protection, sharing of accounts, unencrypted data transfers etc.
3.4. The User is responsible for all activity and interaction with the Services undertaken through its account.
3.5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MegaMod customer, employee, member, or officer will result in immediate account termination.
3.6. MegaMod reserves the right to suspend or disable an account at its discretion and without any penalty or liability whatsoever and to remove and discard all or any part of the account at any time and without prior notice.
4. USE OF THE SERVICES
4.1. The User represents and warrants not to use the Services to:
4.1.1. cache, store or in any other way reuse results obtained from the Services;
4.1.2. bypass, disable or otherwise interfere with security related features of the Services or features that prevent, limit, or restrict the access to the Services;
4.1.3. interfere with or damage the operation of the Services by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code, abusing, hacking or otherwise misusing the Services;
4.1.4. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or other intellectual property rights of any part of the Services;
4.1.5. promote any illegal activity, or advocate, promote or assist any unlawful act;
4.1.6. 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;
4.1.7. transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
4.1.8. transmit any material or content that is inappropriate for families or otherwise suitable only for adults;
4.1.9. transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
4.1.10. 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;
4.1.11. 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;
4.1.12. 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;
4.1.13. 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 MegaMod ’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 MegaMod’s computer or networking systems;
4.1.14. 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);
4.1.15. otherwise use the Services for purposes other than those for which they were designed;
4.1.16. engage in activity which operates to defraud MegaMod, MegaMod users, or any other person; and/or
4.1.17. engage in gambling, casino-style games, or games of chance.
4.2. Excessive frequent requests to the Services may result in a temporary or permanent ban from using the Services and the Platform. MegaMod may in its sole discretion determine abuse or excessive use.
4.3. The User agrees not to sell, license, distribute, copy, record, modify, publicly perform or display, transmit, publish or republish, including republication on another website, edit, adapt, create derivative works from, or otherwise make use of the Services or the Assets that are not considered the User's propriety.
5. ASSET CREATION
5.1. User may create Assets that comply with these Terms, including the following requirements:
5.1.1. Assets are created on the Platform.
5.1.2. Assets must be unique, free from any third party rights, and must not contain any elements violating any intellectual property of any third parties.
5.1.3. Any Assets that exhibit obvious visual similarities to a pre-existing Asset will be removed from the Platform. MegaMod retains the right to moderate and review Assets for copyright infringement and to remove Assets from the Platform that violate these Terms.
5.1.4. Assets must not be pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal.
5.2. To reiterate, each new Asset must be different enough from all existing Assets. If variations are not allowed, which is the default, no Asset should look like, or be similar to, another Asset even if they differ in size and/or color. New Assets being sufficiently different from existing Assets will be determined in the sole discretion of MegaMod.
5.3. User is solely responsible for ensuring that any Assets created in the Platform comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, copyrights, privacy rights and publicity rights.
6. USER CONTENT
6.1. The User is solely responsible for any content, including photo images, logos, text, customer data etc. transmitted through the Platform (“User Content”).
6.2. The User represents and warrants that it has the necessary licenses, rights, and permissions to use and to authorize MegaMod to use and distribute its content as necessary for MegaMod to perform the Services pursuant to the Terms, and exercise by MegaMod of its rights as the owner of all rights to the Assets.
6.3. User hereby grants to MegaMod 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 (i) as may be necessary for MegaMod to provide the Services to you, including to support the Services; (ii) for the purpose of product and service development, marketing, analytics, quality assurance, machine learning, artificial intelligence, training, testing, improvement of the Services, the Platform, or MegaMod' other products, services, and software, or any combination thereof; and (iii) for any other purpose relating to any use or other act permitted in accordance with this Terms. User hereby irrevocably waives (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content.
6.4. The User understands that MegaMod's employees may access its content to provide support and improve the Services.
6.5. The User understands that the technical processing and transmission of the Services, including the content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.6. Under no circumstances will MegaMod assume any responsibility in the creation, arrangement or use of content transmitted by the User, nor does MegaMod monitor the submission of content by the User. It is the User's responsibility to ensure that any use of the Services complies with local law. MegaMod does not accept liability for any violations of such laws, including, without limitation, copyright infringements, data privacy etc.
6.7. MegaMod has the right, but not the obligation, to monitor the content submitted by the User to determine compliance with the Terms as well as to satisfy any law, regulation, authorized government request, or trade association guideline. MegaMod may, but has no obligation to, remove content and stores containing content that MegaMod determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the Terms.
6.8. If User provides MegaMod with any feedback or suggestions regarding the Platform or Services (“Feedback”), User hereby assigns to MegaMod all rights in such Feedback and agree that MegaMod shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. MegaMod will treat any Feedback which User provides to MegaMod as non-confidential and non-proprietary. User agrees that he will not submit to MegaMod any information or ideas that he considers to be confidential or proprietary.
6.9. The User is the data controller and MegaMod is the data processor in respect of any personal data transmitted to or through the Services by the User as well as to any other personal data processed on the User's account. The User is made aware that the Services, including the User's account, must not be used for processing sensitive personal data. It is the User's responsibility to ensure that no sensitive personal data is processed on the User's account or through the Services.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. MegaMod Intellectual Property Rights
7.1.1. By using the Services, you will encounter “MegaMod 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. All trademarks and trade names used in the Platform and/or available through the Services are proprietary to MegaMod or its licensors.
7.1.2. All MegaMod Content is owned by MegaMod or its licensors, and is protected by applicable copyright laws, trademark laws and/or other proprietary rights and laws.
As between you and MegaMod and its licensors, MegaMod or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all MegaMod 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 MegaMod or third parties in USA and/or other countries.
Your use of the Services does not grant you any ownership over any MegaMod 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 MegaMod or any third party. We reserve all rights not expressly granted to you in these Terms.
7.1.3. 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 MegaMod Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or MegaMod Content without express prior written permission from us or the applicable rights holder is strictly prohibited. Except as expressly permitted by this section, no other rights or licenses are granted or implied, including any right to use MegaMod Content for other purposes, such as for training a machine learning or AI model, without the express permission of rightsholders in the applicable MegaMod Content.
7.1.4. All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to MegaMod 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 MegaMod may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.
7.2. Ownership of Assets
7.2.1. During the operation of the Services, you may create Assets in the Platform in accordance with these Terms.
7.2.2. MegaMod obtains all worldwide right, title and interest in and to all Assets that are created by User in the Platform during the operation of the Services, whether completed or work-in-progress. User hereby irrevocably, unconditionally, perpetually, for all countries of the world without any limitations whatsoever fully transfers, conveys, and assigns (with full title guarantee and free from any and all encumbrances) any and all rights, title and interest in and to such Assets (including without limitation the right to obtain any available protection) that User has or may hereafter acquire, and MegaMod fully accepts all such rights, title and interest in and to such Assets (including without limitation the right to apply for and obtain legal protection) (the "Assignment").
7.2.3. User undertakes that User will execute such documents and take such lawful actions as MegaMod may request, at MegaMod’s reasonable expense, to evidence, perfect and fully accomplish the Assignment and to secure, perfect, register and enforce all worldwide Intellectual Property Rights of MegaMod and protections with respect to such Assets, take or refrain from taking any action as necessary or reasonable to ensure MegaMod’s sole and exclusive ownership in and to all Assets.
7.2.4. User shall not, directly or indirectly, challenge or contest, or cause or assist in any way any third party with challenging or contesting, the validity of the Assets and/or the sole and exclusive ownership of the Assets by MegaMod.
8. REPRESENTATIONS AND WARRANTIES
User warrants and represents that:
(a) User owns or otherwise controls all of the rights to the created Assets, which are transferred to MegaMod from the moment of Asset creation on the Platform;
(b) the Assets are your original creations and are solely the result of User’s artistic effort;
(c) the Assets are free and clear of liens or encumbrances from any source whatsoever;
(d) User knows of no adverse claims to the Assets;
(e) User possesses all the legal right, title or interest in or to any intellectual property (such as software, designs, copyright, patents, trademarks and trade secrets) that have been or will be used to create or be part of the Assets;
(f) neither of the Assets, nor any part, created by User in connection with the Services, do or will infringe any patent, copyright, trademark, right of privacy or publicity or other proprietary right of any third party or misappropriate any trade secret of any third party whether contractual or statutory, or misappropriate any trade secret of any third party; the use of the Assets does not require any license, authorization or consent from, or the making of any royalty or other payment to, any third party; no Assets will contain or utilize any confidential information of, or any intellectual property created by, third parties unless User has obtained a prior written permission of such third parties to use such third parties’ confidential information or intellectual property (with the rights to sublicense such use) in the Asset;
(g) any Asset which User creates in the Platform is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive;
(h) User has not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.
9. FEEDBACK
We appreciate your feedback and suggestions about our Services and you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
10. INDEMNIFICATION
10.1. You agree to indemnify and hold MegaMod, 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, assignment or exploitation of your Assets or any rights therein, and
(iii) the negligence, fault or default of you.
10.2. You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Assets under these Terms and/or your relationship with MegaMod.
10.3. You agree to notify MegaMod promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Assets or your obligations hereunder.
10.4. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with MegaMod.
11. 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 MEGAMOD ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEGAMOD 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, MEGAMOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEGAMOD 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, MEGAMOD 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, MEGAMOD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
12. OTHER WEBSITES AND SERVICES
12.1 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 MegaMod. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. MegaMod 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. MegaMod may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.
12.2. Apple Notice. If you use the Platform available on mobile application (“App”) on an iOS device, you also acknowledge and agrees to the terms of this clause 12.2. These Terms are between you and MegaMod only, not with Apple, and Apple is not responsible for the Platform and the content of the Platform. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Platform. If the Platform fails to meet the applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. Apple has no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Platform or your use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You hereby represent and warrants that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.3. Google Notice. If you use the App on an Android device, you also acknowledge and agrees to the terms of this clause 12.3. These Terms are between you and MegaMod only, not with Google, and Google is not responsible for the Platform and the content of the Platform. Google has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Platform fails to meet the applicable warranty, you may notify Google, and Google will refund any applicable purchase price for the App to you. Google has no other warranty obligation whatsoever with respect to the Platform. Google is not responsible for addressing any claims by you or any third party relating to the Platform or your use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Google is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Platform or your use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Google and Google subsidiaries are third-party beneficiaries of these Terms, and when you accept these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You hereby represent and warrants that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. GOVERNING LAW; FORUM
These Terms of Use are governed by and shall be construed in accordance with the laws of State of Delaware, US. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms of Use or arising therefrom or related thereto in any manner whatsoever, shall be settled in governmental courts of Delaware, the United States of America.