The following Terms of Use establish a binding agreement between you (either as an individual or on behalf of an entity) and MarsVerse ("we", "us", or "our") regarding your use and access of the website www.marsverse.io and the MarsVerse mobile and PC apps, as well as any social media channels, social networks, communities, or mobile applications related to, linked to, or otherwise associated with them (collectively referred to as the "Site" and the "App"). MarsVerse is a distributed application that will launch and operate on the Binance Smart Chain (referred to as the "Blockchain"), utilizing a unique system known as the Smart Contract (the "Smart Contract") to enable users to mine tokens, own and trade lands, and battle robots with various levels of rarity. These assets can then be visualized on a website that the user can interact with. In these Terms, the Smart Contract and the Site are collectively referred to as the "App". By using the App, users can manage their assets and utilize the Smart Contract to mine tokens, craft Lands, and trade with other App users.

WE ARE ONLY WILLING TO DISTRIBUTE THE APP, THE SMART CONTRACT, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACT, THE SITE, OR ANY ASSET-RELATED, OR BY CLICKING “I ACCEPT” BELOW AND IMPLYING YOUR ACCEPTANCE CHECKING IN THE TICK BOX, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE NOT ELIGIBLE FOR USING THE APP, THE SITE, AND THE SMART CONTRACT AND YOU MUST STOP ANY FORM OF USING OUR ASSETS IMMEDIATELY.

Any additional documents, including supplemental terms and conditions, that may be published on the Site, the App, and the Smart Contract in the future will be incorporated into the existing terms of use. We reserve the right to modify or make changes to these Terms of Use at any time and for any reason at our sole discretion. We will notify you of any changes and provide access to the most up-to-date version of these Terms of Use. However, we are not obligated to inform you of specific changes through release notes or notifications. It is your responsibility to review these Terms of Use periodically to stay informed of any updates. By continuing to use the Site, the App, and the Smart Contract after the revised terms become effective on the specified date, you will be deemed to have acknowledged and accepted any changes made to the Terms of Use.

The information provided on the Site, the App, and the Smart Contract is not intended for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would violate existing laws or regulations or subject us to registration requirements in that jurisdiction or country. Individuals who choose to access the Site and/or the App from outside our home country do so at their own discretion and are responsible for complying with applicable local laws.

Our product is intended for users who are 18 years or older. Individuals under the age of 18 are not allowed to use our assets, including the Site, the App, and the Smart Contract, and are asked to leave immediately upon attempting to access them.

Intellectual property copyright

Except for other explicitly mentioned indications, the Site, the App, and the Smart Contract, along with all source codes, databases, functionalities, software, website designs, audios, videos, texts, photographs, and graphics on the Site and the App (collectively referred to as the "Content") are our exclusive property. Trademarks, service marks, and logos (the "Marks") are owned, controlled, and legally licensed to us, and are protected by copyright registration for intellectual property. With the exception of uses specified and provided in these Terms of Use, no part of the Site, the App, or the Smart Contract, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes without obtaining our legal approval.

You are granted limited access to and use of the Site, provided that you are eligible to use the Site, the App, and the Smart Contract, to download or print a copy of any portion of the Content for personal, non-commercial uses.

User representations

If you use the Site, the App, and the Smart Contract, you agree and represent that:

• You provide accurate, complete, and current registration information.
• You will keep your registration information up-to-date.
• You have the legal capacity to agree to these Terms of Use.
• You are not subject to any laws or regulations that prohibit you from using the Site, the App, and the Smart Contract.
• You will not use automated or non-human means to access the Site, the App, and the Smart Contract.
• You will not use the Site, the App, and the Smart Contract for any illegal or unauthorized purpose.
• Your use of the Site, the App, and the Smart Contract will not violate any laws or regulations.
• You are limited to one account per device at a time.
• You are not on any blacklist or engaged in any illegal activities, including scams, fraud, illegal data exploitation, use of third-party software for personal benefit, unauthorized access to and damage of our assets, and similar activities. If we find any illegal activities, we reserve the right to take action and pursue legal remedies if necessary. If you provide inaccurate, incomplete, or outdated information, we may suspend or terminate your account and refuse to allow you to engage in any current or future activities related to the Site, the App, and the Smart Contract.

User registration

Registration is mandatory to access the Site, the App, and the Smart Contract. You must maintain confidentiality of your password and are responsible for all activities conducted using your account. We have the right to revoke, reclaim, or modify any username you select if we determine that it is inappropriate or causes annoyance to other users.

Wallets and digital assets

MarsVerse provides access to BEP20 digital blockchain-based assets ("Digital Assets") for its users. You have complete control over your wallet, Digital Assets, and cryptocurrencies. You are solely responsible for managing your funds and carrying out any transfers of Digital Assets. We cannot intervene in any of your Digital Assets storage or transactions from your wallets under any circumstances.

MarsVerse does not operate or maintain any blockchain wallets. You acknowledge and agree that MarsVerse has no liability or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets.

Prohibited activities

Accessing or using the Site, the App, and the Smart Contracts for any purpose other than that which they are intended is strictly prohibited. Commercial use is only permitted with a binding legal agreement with MarsVerse.

Retrieving data or content from the Site, the App, and the Smart Contracts to create a collection, compilation, database, or directory without approval is not allowed.

Unauthorized use of the Site, the App, and the Smart Contracts, including collecting usernames and email addresses or creating accounts under false pretenses, is prohibited.

The use of buying or purchasing agents is also not allowed.

The Site, the App, and the Smart Contracts should not be used to advertise or sell goods and services not related to MarsVerse.

Security-related features of the Site, the App, and the Smart Contracts should not be circumvented, disabled, or interfered with in any way.

Misleading or defrauding MarsVerse or other users, especially to obtain sensitive account information, is prohibited.

Submitting false reports or improperly using support services is also not allowed.

The use of automated means, AI, or any data mining tools that interfere with MarsVerse assets is not permitted.

Interfering with the Site, the App, and the Smart Contracts, or their networks or services, is prohibited.

Impersonating other users or selling or transferring your profile is not allowed.

The information obtained from the Site, the App, and the Smart Contracts should not be used to harass, abuse, or harm others.

Using the Site, the App, and the Smart Contracts for revenue-generating endeavors or commercial enterprises that compete with MarsVerse is not allowed.

It is prohibited to decipher, decompile, disassemble, or mechanically interfere with any of the software parts or assets of the Site, the App, and the Smart Contract.

Any attempt to bypass the measures designed to prevent or restrict access to the Site, or any portion of it, the App, and the Smart Contracts is strictly prohibited.

It is also prohibited to harass, intimidate, or threaten any employees or agents who provide any portion of the Site, the App, and the Smart Contract to you directly.

Deleting the copyright or other proprietary rights notice from any Content is not allowed.

Copying and using the Site's frontend codes, such as Flash, PHP, HTML, JavaScript, and others, is prohibited.

Uploading or attempting to upload viruses, Trojan horses, or other materials that interfere with any party's use and enjoyment of the Site, or modifies, impairs, disrupts, alters, or interferes with the Site's use, features, functions, operation, or maintenance is strictly prohibited. This includes excessive use of capital letters and spamming (continuous posting of repetitive text).

All types of activities or actions that violate laws and regulations are strictly prohibited.

Fee and payment

The Site allows you to purchase and trade lands ("LANDS") and robots ("ROBOTS"). When the marketplace is launched and you engage in transactions with other players, please note that these transactions are conducted solely through the Blockchain using a designated wallet and currency ($BNB). We do not store any information and have no control or ability to reverse reported transactions. In general, we are not liable to you or any third party for any issues that may arise during trades or transactions conducted via the Smart Contract or the Blockchain.

For each transaction that occurs in the marketplace, a transaction fee is required to fund the network of computers that run the decentralized network, rather than as profits.

It is your legal responsibility, as well as ours as users, to pay any costs, duties, or taxes as required by your government. The amounts will vary based on your jurisdiction, country, and national laws and regulations.

We have no liability and will not provide any support or data for these processes.

Submission

By submitting any questions, comments, suggestions, ideas, feedback, or other forms of information about using the Site, the App, and the Smart Contract ("Submissions"), you agree that such Submissions are non-confidential and will become our property. We may use these Submissions for any lawful purpose, including commercial activities, without notifying you or providing compensation. Please note that any content you submit to the Site, the App, and the Smart Contract is subject to our discretion. We reserve the right to remove any content that violates laws and regulations without notification.

Third-party website and content

Third-party websites are websites that are linked to from the Site and/or App.

Third-party content refers to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items that belong to or come from third parties.

We are not responsible for the terms of use of any third-party websites you access through the Site and/or App or for any third-party content posted on, available through, or installed from the Site and/or App. We are not responsible for the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of third-party websites or third-party content.

If you choose to leave the Site and/or App and access third-party websites or use or install any third-party content, you do so at your own risk, and these Terms of Use will no longer be effective. The terms of use of the third-party websites you are using will be effective at this point. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Site and/or App or any applications you use or install from the Site and/or App.

Any purchases you make through third-party websites are not covered by our Terms of Use, and we are not responsible for any problems that arise from such purchases. You acknowledge that we do not endorse the products and services offered on third-party websites, and you agree to hold us harmless from any harm caused by your purchase of such products and services.

Additionally, we are not responsible for any losses or harm you suffer in connection with any third-party content or any contact with third-party websites.

Advertiser

The Site and the App contain sections reserved for advertisements and other types of information. Advertisers are solely responsible for the accuracy and reliability of their advertisements, as well as the services and products advertised. Advertisements must comply with all applicable laws and regulations, and advertisers must ensure that they possess all necessary rights, including but not limited to intellectual property rights, publicity rights, and contractual rights. We assume no responsibility in case of any violations related to these rights.

Termination

While you are using the Site, the App, and the Smart Contracts, these Terms of Use are in effect. We may, at our sole discretion and without any notice or liability to you, deny access to and use of the Site, the App, and the Smart Contracts, including blocking IP addresses, to any person who breaches any representation, warranty, or covenant contained in these Terms of Use. We reserve the right to terminate your use or participation in the Site, the App, and the Smart Contracts, or delete your account without warning.

If we terminate or suspend your account for any reason, you are not allowed to register and create a new account using your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. We may also take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

Disclaimers

You agree and acknowledge that your use and access of the Site, App, and Smart Contracts are solely at your own risk, and they are provided "as is" and "as available" without any warranties, whether express or implied. We, along with our subsidiaries, affiliates, and licensors, disclaim all implied warranties to the fullest extent permissible by applicable law regarding the Site, App, Smart Contracts, and any part of it (including but not limited to the Site, any Smart Contract, or any external websites). These implied warranties include merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, and reliability. We, along with our subsidiaries, affiliates, and licensors do not guarantee or warrant that:

• Your access to or use of the Site, the App, and the Smart Contracts will fulfill your requirements.
• Your access to or use of the Site, the App, and the Smart Contracts will be continuous, timely, secure, or error-free.
• Usage data provided through the Site, the App, and the Smart Contracts will be accurate.
• The Site, the App, and the Smart Contracts or any content, services, or features made available on or through the Site, the App, and the Smart Contracts are free of viruses or other harmful components.
• Any data that you disclose when you use the Site, the App, and the Smart Contracts will be secured. Please note that some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.

You acknowledge the risks involved in sharing information and engaging in online transactions over the Internet, and you agree that we will not be held responsible or liable for any security breaches unless they result from our gross negligence.

We will not be held accountable for any losses, damages, or claims resulting from your use of the Blockchain, including but not limited to losses caused by:

• User error, such as forgotten passwords, incorrectly constructed smart contracts, or other transaction mistakes;
• Server failure or data loss;
• Corrupted wallet files;
• Unauthorized access or activities by third parties, such as viruses, phishing, brute-forcing, or other types of attacks against the app, BNB Chain network, or Metamask electronic wallet.

The intangible digital assets known as LANDS and ROBOTS only exist through ownership records maintained on the Blockchain, over which MarsVerse Game has no control. Therefore, MarsVerse Game cannot guarantee or promise anything with respect to the smart contract and is not accountable for any losses resulting from the Blockchain or any of its features. This includes but is not limited to late or no reports from developers or representatives regarding any issues with the Blockchain, such as forks, technical node issues, or any other issues that may result in fund losses.

Limitation of liability

You acknowledge and agree that we, along with our subsidiaries, affiliates, and licensors, will not be held liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits (both direct and indirect), loss of goodwill or business reputation, loss of data, cost of procuring substitute goods or services, or any other intangible loss, regardless of whether we were advised of the possibility of such damages.

You also agree and recognize that our total and aggregate liability to you for any and all claims arising out of or in connection with these terms or your access to or use of (or inability to access or use) any portion of the Site, the App, and the Smart Contracts, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) the amounts you paid to us under these terms in the twelve (12) month period preceding the date of the claim, or (b) one hundred (100) US dollars.

You further agree and acknowledge that we have made the Site, the App, and the Smart Contracts available to you and entered into these terms based on the warranty disclaimers and limitations of liability set forth herein, which are a reasonable and fair allocation of risk between the parties and an essential basis of the agreement between us. We would not have been able to provide the Site, the App, and the Smart Contracts to you without these limitations.

Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions may also restrict disclaimers or limitations of liability for personal injury resulting from consumer products. Therefore, the above limitations may not apply to personal injury claims in some jurisdictions.

Assumption of risk

By acknowledging and accepting each of the following, you understand the inherent risks associated with the use of blockchain assets:

• The prices of blockchain assets are highly volatile and subject to change without notice. Fluctuations in the price of other digital assets may also have an adverse impact on the value of your LANDS and ROBOTS. We cannot guarantee that any purchasers of LANDS and ROBOTS will not incur losses.
• You are solely responsible for any taxes that may be applied to your LANDS-related and ROBOTS-related transactions in accordance with your country or region's tax laws. MarsVerse is not liable for determining applicable taxes.
• The App does not store, send, or receive LANDS and ROBOTS. LANDS and ROBOTS exist solely on the blockchain, and any transfer of LANDS and ROBOTS occurs solely on the blockchain.
• The use of internet-based currency carries risks and limitations, including the risk of hardware, software, and internet connection failure, the risk of malicious software introduction, and the risk of unauthorized access to your wallet. You accept that MarsVerse will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Blockchain.
• Lack of use or public interest in distributed ecosystems could have an adverse impact on the development of the MarsVerse ecosystem and the potential utility or value of LANDS and ROBOTS.
• The current regulatory environment for blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially impact the development of the MarsVerse ecosystem and the potential utility or value of LANDS and ROBOTS.

Indemnification

You agree to defend and indemnify us, our affiliates, directors, officers, and personnel against any losses, costs, damages, expenses, and liabilities (including reasonable legal fees) that may be suffered or incurred by a third party as a result of:

• Your use of the Site;
• Your breach of these Terms of Use;
• Your breach of any of the representations and warranties set forth in these Terms of Use;
• Your violation of a third party's rights, including intellectual property rights;
• Any harmful act that you commit towards any other user of the Site, the App, and the Smart Contracts with whom you connect via the Site, the App, and the Smart Contracts.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in defending such claims. We will make reasonable efforts to notify you of any such claims, actions, or proceedings subject to this indemnification upon becoming aware of them.

User data

We will retain certain data, including information on your use of the Site, the App, and the Smart Contracts, to manage their performance. While we perform regular backups of data, you are solely responsible for all data that you transmit or generate through your use of the Site, the App, and the Smart Contracts. By using the Site, the App, and the Smart Contracts, you agree that we will not be held liable for any loss or corruption of your data, and you hereby waive any right to take legal action against us arising from such loss or corruption.

Miscellaneous

The agreement between you and us consists of these Terms of Use, as well as any policies or operating rules posted by us on the Site, the App, and the Smart Contracts, or in connection with them.

Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

These Terms of Use are enforceable to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision is deemed separable from the entire agreement and does not affect the validity and enforceability of the remaining provisions.

Using the Site does not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us solely because we drafted them.

You waive any and all defenses that you may have based on the electronic form of these Terms of Use and the lack of signing by the parties involved to execute these Terms of Use.