Game Terms of Use

Last Updated: September 19, 2024

1. INTRODUCTION

These Game Terms of Use, together with any supplemental terms and policies incorporated herein, constitute a legally binding agreement (collectively, the "Terms" or "Terms of Use") made between you, whether personally or on behalf of an entity ("you") and World of Eternians ("Eternians", "we", "us", or "our") concerning your access to and use of the Eternians (the "Site") and one or more Eternians applications (the "App") (the Site and the App collectively “Platform”), as well as any other media form, media channel, mobile website or mobile application made available by or on behalf of Eternians and related, linked, or otherwise connected thereto (collectively, with the Site and the App and any Smart Contracts or other software or services enabled thereby, the "Services"). The Services also include any distributed application running on one or more blockchain networks (the "Blockchains"), using smart contracts (each, a "SB") that interact with or enable the use of a user's digital pets ("Pets"). The Services also enable users to use or interact with Smart Contracts involving other digital assets, such as tokens, Pets, Items, and resources (collectively, "Digital Assets"). These Digital Assets may be visualized via the Services and other third-party services.

THE SERVICES ARE NOT INTENDED FOR DISTRIBUTION TO ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION, OR WHICH WOULD SUBJECT US TO ANY REGISTRATION REQUIREMENT OR OTHER REGULATION WITHIN SUCH JURISDICTION OR COUNTRY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS WHEN YOU ACCESS AND/OR USE THE SERVICES.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 21 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY ACCESSING THE PLATFORM AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM, NOT USE THE SERVICES, OR DISCONTINUE USE IMMEDIATELY.

Please refer to our Privacy Policy for information about how we collect, use, and share personal information about you. By submitting data through the Services, you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Services” hereunder and shall also be subject to these Terms and/or specific terms of such service). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

These Terms are not a prospectus or offer document and are not a solicitation for investment in Eternians or any product, project, or property of Eternians in any jurisdiction. These Terms do not constitute an offer of securities in any jurisdiction. Nothing in these Terms should be considered as a recommendation for any person to participate in the Services or Eternians’s proposed services.

Eternians reserves the right to change or modify these Terms at any time and in our sole discretion. You agree and understand that by accessing the Platform or using the Services following any change to these Terms, you agree to the revised Terms of Use and all the terms incorporated therein by reference. We encourage you to review the Terms from time to time to ensure that you understand the terms and conditions that apply when you access the Platform and/or use the Services.

1. ELIGIBILITY TO USE SERVICES

The party that is legally bound by these Terms (and that is identified in these Terms as “you”) is either the individual who accepted these Terms (the “Signatory”); or the individual or entity, if any, that legally authorized the Signatory to accept these Terms on its behalf (the “Principal”).

If the Signatory asserts that there is a Principal but the individual or entity identified under this Section 2 does not fully satisfy the Eligibility Conditions is for any reason not legally bound to these Terms, then the Signatory will be bound to these Terms in his or her personal capacity.

To be eligible to access the Platform and/or use the Services, you must satisfy each of the following conditions (the “Eligibility Conditions”):

2.1. Eligibility Conditions to an Individual:

2.1.1. you are at least 18 years old or have attained such age of majority and contractual capacity in your jurisdiction of residence to have the legal capacity to enter into contracts and to use the Services;

2.1.2. you are not a citizen or permanent resident of, you do not have a primary residence in, and you are not physically located in (i) North Korea, Iran, Syria, Cuba, People’s Republic of China, Hong Kong SAR, United States of America or its territories or possessions; or (ii) any country or jurisdiction (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the Laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and

2.1.3. you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.

2.2. Eligibility Conditions to an Entity:

2.2.1. you are duly organized and validly existing under the applicable laws of the jurisdiction of your organization;

2.2.2. you have authorized your Signatory to accept these Terms on your behalf;

2.2.3. you are not a resident for tax purposes of, you do not have a domicile in, and you are not physically located in (i) North Korea, Iran, Syria, Cuba, People’s Republic of China, Hong Kong SAR, Macau SAR, United States of America or its territories or possessions; or (ii) any country or jurisdiction (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the Laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and

2.2.4. You, any party that owns or controls you is not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.

You can only use our Services if permitted under the Laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory, or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that your access to our Platform, and/or use of the Services are not prohibited, restricted, or regulated by any law or regulation applicable to you. You are solely responsible (i) to determine if there are any such laws or regulations (including foreign exchange restrictions) applicable to you and to comply with them and (ii) to determine if there are any governmental or other consents or approvals which you need to obtain, and to obtain and maintain them.

You are accessing the Platform and/or using the Services as principal and for your own account, and not as nominee or agent for, or for the account of, any other person.

2.4. If you do not fully satisfy each of the Eligibility Conditions at all times from the time that you accept these Terms, then you may not, and you agree not to, access the Platform and/or use the Services. If you access the Platform and/or use the Services notwithstanding that you do not meet each of the Eligibility Conditions, you acknowledge that (a) your access to the Platform and/or use of the Services is a breach of these Terms, and (b) you access the Platform and/or use the Services at your own risk. You acknowledge and agree that Eternians will not be liable to you or any other party arising from or in connection with your access to the Platform and/or use of the Services if you do not meet each of the Eligibility Conditions.

2.5. Eternians can, but has no obligations to, require you to provide certain information to confirm your satisfaction with the Eligibility Conditions and to complete the transactions related to the Services. If you do not provide the required information, then you may be unable to use the Services. Eternians’s request for, and your provision of, any information from you, and any actions or decisions Eternians may take based on that information, do not affect your obligations under this Section 2.

1. SERVICES

3.1. General Terms

By interacting with Digital Assets, or services relating to Digital Assets, you agree to comply with any terms, including these Terms of Use, NFT Terms of Service, licenses or payment rights, and other terms and conditions (if any) that are regulated, or embedded within or otherwise included with any such Digital Assets (collectively, the "Digital Assets Terms"). Eternians does not guarantee that Digital Assets will be transferable to or have any utility in connection with any other platform.

The Services include the Platform through which users can view, mint, offer to purchase, and purchase Digital Assets or other Items that can be used and deployed in one or more games made available through the Services. Users of the Services may be able to mint certain Digital Assets, including Pets, as non-fungible tokens ("NFTs") on the Blockchains. In order to access some specific Services, a user must connect a compatible digital wallet to the Services.

(i) You participate in the Services by linking your digital wallet(s). We may collaborate with a supplier to integrate an SDK for social login wallets, enabling you to link your wallet by signing in through our social accounts (e.g., email, Facebook, etc.). This linking process, as facilitated by Eternians, permits you to mint, purchase, store, and engage in transactions using your virtual assets. To conduct the above Services, Eternians may ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit orders to Services, your order is passed on to the applicable extension, which completes the transaction on your behalf. Please be aware that the relationship between users and the SDK supplier is governed by separate terms and conditions specific to that interaction. Eternians assumes no responsibility for any issues arising from your interactions with the SDK supplier, including but not limited to technical difficulties, losses, disputes, or any breaches of agreement between you and the supplier. It is recommended that you review and understand the terms and policies of the SDK supplier before engaging with their services.

(ii) Eternians does not act as an agent or custodian for you; and is not a broker, financial institution, or creditor.

(iii) You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you mint, or purchase through the Platform. Notwithstanding indicators and messages that suggest verification, Eternians makes no claims about the identity, legitimacy, or authenticity of assets on the Platform.

For clarity, Eternians offers an administrative platform where you, at your sole discretion, can mint/issue Digital Assets that are available and functioning on the platform. Regarding Digital Assets that are listed for minting, they will be facilitated in a Smart Contract deployed by Eternians to ensure that Digital Assets are released automatically upon consummation of their minting through the relevant Blockchains. If you elect to buy any Digital Assets, any transactions that you engage in will be conducted solely through the relevant Blockchains governing such Digital Assets. You will be required to make payments exclusively through the cryptocurrency wallet you have connected to the Platform. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Platform.

3.2. Eternians Stores

(a) Certain non-Digital Assets in-game items (collectively "Items") can be purchased via the Eternians Store ("Eternians Store").

(b) Pricing and payment terms on the Eternians Store, including specific details relating to the offering of any Items, will be set forth at the point of sale. Acceptable forms of payment for these Items may be changed at any time in our sole discretion, and we reserve the right to decline orders and refuse payment at any time and for any reason. We may use a third-party payment processor in order to provide you with the Eternians Store and its related services, and you understand and agree that by using or accessing our Eternians Store, you also acknowledge and agree that you have read, understood and agree to any and all of the third-party payment processor's terms and conditions. ALL CHARGES INCURRED IN CONNECTION WITH THE ETERNIANS STORE AND ALL FUNDS PLACED IN YOUR ACCOUNT BALANCE, AS APPLICABLE, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW.

(c) Item Availability. Eternians may, in its sole discretion, limit the use of the Eternians Store to the listing and sale of certain Items only, and the availability of such Items is not guaranteed. The mere appearance of an Item on the Eternians Store does not guarantee or indicate that the Item is available.

(d) Offer and Acceptance of Item Sales. Your order through the Eternians Store is an offer to Eternians to agree on the delivery of the ordered Items in exchange for the listed price. When you place an order on the Eternians Store, we will send you a notification (e.g. in the form of a popup message) confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order but is not an acceptance of your offer to enter into an agreement. If we accept your offer, we will conclude the transaction for an Item ordered by you, when we transfer or otherwise make available the Item to you and send you another notification indicating that we have transferred the Item or otherwise make available the Items to you. You hereby consent to receiving any and all sales invoices electronically.

3.3. Additional Features

Eternians may choose to make additional features, access, content, items, or other benefits available to owners of NFTs (“Additional Features”) but has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when purchasing an NFT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.

3.4. Game Rules

You may be able to use the Services to take certain actions in connection with one or more Digital Assets or Items that result in a swap, trade, or other exchange of that Digital Asset or Item for a modified, new, or otherwise different Digital Asset or Item (each, a "Play"). A Digital Asset or Item that you receive in connection with or as a result of a Play may have different traits than the Digital Asset or Item that you used in such Play. Eternians does not represent that any Digital Asset or Item that you receive from a Play will have similar or equivalent attributes or value to the Digital Asset or Item that you originally used in such Play. Eternians shall have no liability to you in connection with (i) any Digital Asset or Item that you use in a Play, or (ii) any Digital Asset or Item that you receive in connection with a Play. In some instances, a Play may result in a Digital Asset or Item being sent to a null address, erased, or otherwise rendered unusable ("Burned"), in each case in accordance with the then-current functionality of the Services and any in-game supplemental terms. Any action that results in such Digital Asset or Item being irrevocably modified or Burned is permanent and irreversible. You acknowledge and agree that Eternians shall not be liable to you in connection with any Digital Asset or Item that is irrevocably modified and/or Burned as a result of or in connection with your use of the Services.

3.5. Prizes

You may receive Space Stone and other types of prizes (if any) due to the policy of the game (collectively, the "Prize"). The Prizes are as advised, and no cash or other alternative will be offered. The Prizes are non-transferable and subject to availability. Eternians reserves the right to substitute any Prize with another of equivalent value without giving notice.

3.6. Event

Eternians may, but have no liabilities, celebrate events for you. Your entry of the Services and any event celebrated by Eternians are made without any prior payment or promise of payment or the expectation by you of any payment, benefit, or advantage in return for your entry. The benefits, you may receive, if any, shall be expressly referred to in these Terms of Use and policy of the event published by Eternians.

3.7. DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF ETERNIANS ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.

3.8. By accessing the Platform and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and that you have a working knowledge of digital assets. Such systems may have vulnerabilities, other failures, or other abnormal behavior. Eternians is not responsible for any issues with the Blockchains, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to or from the Services. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while using Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing the Platform and using and interacting with the Services.

1. COMMUNICATIONS

By accessing or using the Services, you consent to receive communications from us by electronic means (e.g., via email, Discord, or by posting notices to the Services). These communications may include notices about your use of the Service (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we publish electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We can but have no obligation to store for your later use or access any such electronic communications.

1. INTELLECTUAL PROPERTY RIGHTS

5.1. Proprietary property of Eternians

The Platform, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Eternians logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement ( (collectively, the "Content") thereof are the proprietary property of Eternians or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Platform and its content, including, without limitation, the exclusive right to create derivative works.

NFT Content (as defined in Section 5.2 hereof), Eternians’s name, logo, trademarks, and any Eternians product or Services names, designs, logos, and slogans are the intellectual property of Eternians or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Eternians” or any other name, trademark, or product or Platform name of Eternians or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Platform constitutes the Platform mark, trademark, or trade dress of Eternians and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Platform or displayed on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Eternians.

No part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Eternians.

5.2. Copyright Policy of NFT Content

As between Eternians and you, Eternians shall continue to exclusively own all rights, title and interest in and to the digital art embodied in the NFTs and any name, likeness, image, signature, voice and other identifiable characteristics included in the digital art embodied in the NFTs, creative assets created, develop and deployed by Eternians on the Platform, and Eternians’s name, logos and trademarks, and all intellectual property rights in the foregoing (collectively, the “NFT Content”).

Once you mint, or purchase an NFT on the Platform, we grant you a nonexclusive, perpetual, irrevocable worldwide license (with no right to sub-license) under our copyrights, provided that these Terms remain in effect and you do not breach any provisions of these Terms, to use, display, and perform (but not modify) the specific NFT Content linked to your NFT via Platform for personal, non-commercial uses. This license includes the right to display NFT Content as a profile picture. All intellectual property rights in and to the NFT Content and any other intellectual property rights of Eternians not expressly licensed herein are reserved by Eternians.

The licenses granted in these Terms are non-transferable, except that if you lawfully transfer ownership of your NFT, the license to the NFT in this Section 6 to you shall terminate upon the effective date of such transfer, and such licenses will be assigned to the new owner of the NFT associated with such NFT Content. As a condition to sales, transfers or similar transactions of the NFTs, the transferee agrees upon the acquisition of the NFT that (a) the transferee meets Eligibility Conditions and (b) the transferee accepts these Terms. Further, if you choose to sublicense any of your licensed rights set forth in this Section, you are only permitted to do so if any such sublicensees agree (i) that they meet Eligibility Conditions and (ii) that if your licensed rights in this Section are transferred (such as because you sell your NFT), then any such sublicense you have granted in such licensed rights will automatically terminate.

Modifications and Derivative Works. You acknowledge and agree that (a) we are entitled to create our own future derivatives of the NFT Content (“NFT Derivatives”), (b) the subsequent lawful owner of the NFT may create its own derivatives of the NFT Content in accordance with applicable terms and conditions applied to such NFT and (c) other owners of their own NFTs and the associated artwork, images, video, content or other works of authorship linked to such NFT (“Other NFT”) may also create their own derivatives of the Other NFT Content (each of them “Other NFT Derivatives”).

We reserve the right to block your access to NFT listed on Eternians, at any time, for any reason (including, without limitation, if someone accuses you of contributing such content, breach of these Terms), in our sole discretion and without notice.

5.3. Access to Services

Subject to your ongoing compliance with these Terms of Use and eligibility to use the Services, you are hereby granted a limited, revocable, nonexclusive, non-transferable, non-assignable, non-sublicensable, "as is" right to access and use the Services and Content for your own personal, non-commercial use; provided, however, that (except as and solely to the extent expressly set forth herein) such right does not include any right to (i) sell, resell, or use commercially the Services or Content, (ii) distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services or Content, except as expressly permitted by us, and (vi) use the Services or Content other than for their intended purposes. We reserve all rights not expressly granted hereunder in and to the Services and all components thereof, including without limitation the Site, the App, and the Content.

1. USER REGISTRATION

6.1. Creating an Account

In order to access certain features of the Services, you may be required to create an account on the Services ("Account"). In creating an Account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, including contact information such as your email (the "Registration Data"); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; (iii) consent to us using your Registration Data in any manner permitted under applicable law, including sharing it with third parties; and (iv) consent to receive electronic communications from us (e.g., via email or other means) regarding notices about your account and other promotional and marketing communications from us or third parties with whom we have shared your contact information. You meet all Eligibility Conditions set out by Section 2. You are responsible for any use of any payment instrument (e.g., your digital wallet) initiated or enabled by or through your Account. You may not share your Account or password with anyone, and you agree to notify Eternians immediately of any unauthorized use of your password or any other breach of security. If you provide any information (including without limitation Registration Data) that is untrue, inaccurate, not current, or incomplete, or Eternians has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Eternians has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself, except to the extent expressly permitted by us in writing. Eternians reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Eternians.

6.2. User Representations and Warranties

When you use the Services, you hereby represent and warrant, to and for the benefit of Eternians, its affiliates, and their respective representatives, as follows:

(i) You meet all Eligibility Conditions set out by Section 2.

(ii) All information provided by you to Eternians and/or its third-party designees, including Registration Data, is accurate and complete.

(iii) You are sophisticated, experienced, and knowledgeable regarding blockchain technologies and digital assets. Additionally, you have conducted an independent investigation of the Services and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Services, you have relied solely on the results of such investigation and such independent judgment. Without limiting the generality of the foregoing, you understand, acknowledge, and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including the Digital Assets, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the Digital Assets) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, Eternians, in determining to enter into these Terms of Use or use the Services.

(iv) Litigation. There is no legal proceeding pending that relates to your activities relating to the Services or other token-or digital asset-trading or blockchain technology-related activities.

(v) Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity, or practice.

You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

1. YOUR RESPONSIBILITIES

You agree not to do any of the following:

(a) Use the Services for any purpose that is prohibited by this Agreement or is inconsistent with applicable law, rule, or regulation;

(b) Violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);

(c) Access the Services through automated or other non-human means, whether through a bot, script, or otherwise, except subject to a separate written agreement with us for any purposes;

(d) Frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout, or form) of Eternians;

(e) Use any metatags or other "hidden text" using Eternians's name or trademarks;

(f) Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law;

(g) Remove or destroy any copyright notices or other proprietary markings contained on or in the Services;

(h) Take any action or make available any content on or through the Services that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane, including without limitation in an attempt to learn sensitive Account information such as user passwords; (ii) constitute unauthorized or unsolicited advertising, junk or bulk e-mail; (iii) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Eternians's prior written consent; (iv) impersonates any person or entity, including any employee or representative of Eternians, or uses the username of another user; or (v) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement. Without limiting the foregoing, except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;

(i) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

(j) Use a buying agent or purchasing agent to make purchases on the Services;

(k) Use the Services to create, sell, or buy Digital Assets or other items that give owners the right to participate in an initial coin offering ("ICO") or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;

(l) Circumvent, disable, bypass, or otherwise interfere with or attempt to interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;

(m) Make improper use of our support services or submit false reports of abuse or misconduct;

(n) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except for the allowable purposes enumerated at the beginning of this Section 10;

(o) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Site;

(p) Sell or otherwise transfer or attempt to transfer your Account;

(q) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not expressly permitted hereunder;

(r) Sell or resell our Service, or otherwise attempt to circumvent any of Eternians's fee systems;

(s) Disparage, tarnish, or otherwise harm or attempt to harm Eternians and/or any of the Services, as determined by us in our sole discretion;

(t) Use the Blockchains to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberating engaging in activities designed to adversely affect the performance of the Blockchains or the Services;

(u) Engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering" or fraudulent, deceptive or manipulative trading practices;

(v) Engage in any behavior or practice that have the intention or the effect of artificially causing any Digital Asset or Item to appear in a certain area of our Site or at the top of search results, or artificially increasing view counts, likes, or other metrics that we may use to sort items, collections, or search results;

(w) Use or attempt to use another user's Account without authorization from such user; or pose as another person or entity, or use a wallet to engage in a transaction on the Site or through the Services that is owned or controlled, in whole or in part, by any other person;

(x) Access the Services from a different Blockchain address if we have blocked any of your other Blockchain addresses or Account(s) from accessing the Service, unless you have our prior written consent;

(y) Engage in any practice that aims to manipulate the outcome of any match, whether in the arena or tournaments or engage in any sort of match-fixing, win-trading, or colluding between competitors that goes against the spirit that all players should play to the best of their abilities, as determined by Eternians in our sole discretion; or

(z) Use Digital Assets or Items in any manner not then-currently permitted (a) by the rules of the applicable game; or (b) as communicated by Eternians through official channels such as Discord, Twitter, Substack, or other means of communication. Use of Digital Assets or Items in any prohibited manner may result in the disqualification and ineligibility of Accounts for rewards, prizes, or other benefits that would otherwise be available to eligible Accounts.

The rights granted to you in these Terms of Use are subject to your compliance with the restrictions set forth in this Section. Any future release, update, or other addition to the Services shall be subject to the Terms of Use having the validity of such time.

Notwithstanding the foregoing, we may suspend or terminate your access to the Platform or use of the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or internal policy, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party services provider. Such suspension or termination shall not constitute a breach of these Terms by Eternians. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to access the Platform or utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from accessing the Platform and/or using the Services.

1. FEES AND PAYMENT

8.1. All pricing and payment terms for Digital Assets or Items are as indicated at point of sale or otherwise on the Services, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase. Whether a particular cryptocurrency is accepted as a payment method by Eternians is subject to change at any time at Eternians's sole discretion.

8.2. When you purchase a Digital Asset or Item, you agree that you have read, understand, and agree to be bound by any Digital Asset and Item Terms applicable to the sale of that Digital Asset or Item, to these Terms of Use.

8.3. Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services will be performed by Eternians's third-party service providers, including third-party dApp providers (each, a "Third-Party Service Provider"). Your use of the Services and the payment processing and related services provided by a Third-Party Service Provider is subject to your agreement(s) with such Third-Party Service Provider for such Services and payment processing and related services, as may be modified by the Third-Party Service Provider from time to time (collectively, "Third-Party Service Provider Agreement"). As a condition of using the Third-Party Service Provider's payment processing and related services, you must provide accurate and complete information, and you authorize us to share this information with the Third-Party Service Provider and to charge your payment method for all amounts that may become due under this Agreement. Your use of the Third-Party Service Provider's payment processing and related services is conditioned upon your compliance with the Third-Party Service Provider Agreement, and if the Third-Party Service Provider Agreement is terminated by the Third-Party Service Provider, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. We will have no control over the Third-Party Service Provider's payment processing and related services and cannot reverse or refund any transactions.

8.4. Each Blockchain may require the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on such Blockchain, such Gas Fee to be based on the structure and composition of such Blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable Blockchain, and Eternians shall have no liability to you in connection with the same.

8.5. In addition to the Gas Fee (if any), each time you use a Smart Contract to conduct a transaction of some specific Services, you authorize us to collect other fees that are clearly shown to you when you order Services. You acknowledge and agree that such fees will be transferred directly to us through the Blockchain as a part of the applicable transaction.

8.6. If Eternians determines it has a legal obligation to collect any Sales Tax (including, without limitation, any taxes that may become payable as the result of your purchase or sale of any of your Digital Assets or Items) from you in connection with these Terms, Eternians shall collect such Sales Tax. If any services or products, or payments for any services or products, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Eternians, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Eternians for any liability or expense Eternians may incur in connection with such Sales Taxes. Upon Eternians's request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

1. USER CONTENT

9.1. "User Content" means any information and content that a user submits to, or uses with, the Services (e.g., content in the user's profile or postings) or any of Eternians's profiles on other properties (e.g., Discord). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Section 7. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Eternians. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Eternians is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

9.2. You hereby grant (and you represent and warrant that you have the right to grant) to Eternians 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, to provide and improve the Services and our other products and services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

9.3. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to the Services in accordance with Section 16, and/or reporting you to law enforcement authorities.

9.4. You acknowledge and agree that submission of any questions, comments, suggestions, ideas, documents, proposals, feedback, or other information regarding the Services ("Submissions") provided by you to us is at your own risk and that Eternians has no obligations (including without limitation obligations of confidentiality) with respect to such Submissions. You hereby grant to Eternians a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Eternians's business. To the fullest extent permitted by applicable law, you hereby waive any moral rights to any such Submissions that would limit the foregoing license grant, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions and grant the foregoing licenses.

1. INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in any disputes between users. The Services may contain User Content provided by other users. We are not responsible for and do not control User Content. We reserve the right, but have no obligation to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to, User Content, including without limitation any User Content embodied by or otherwise made available through the Services. You use all User Content and interact with other users at your own risk. You agree that Eternians will not be responsible for any liability incurred as a result of your interactions with other users. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don't know. WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (EACH, AN "ETERNIANS PARTY" AND COLLECTIVELY "ETERNIANS PARTIES") ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. NO ETERNIANS PARTY WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OR YOUR USE OF OR YOUR USE OF OR INABILITY TO USE ANY DIGITAL ASSET PURCHASED FROM A SELLER.

1. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). When you click on a link to a Third-Party Website or Third-Party Content, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Content are not under the control of Eternians and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the App; any Third-Party Content posted on, available through, or installed from the Site and/or the App; or any advertisements placed on the Site and/or the App, any services provided on the Site and/or the App, or products sold through those advertisements; including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites; and you hereby waive any claims against Eternians Parties arising from or related to any Third-Party Content or Third-Party Websites. If you are an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We do not make any representations or warranties about any Third-Party Content you may encounter during your use of the Service, including any content associated with any Digital Assets (including any Pets) or Items displayed on the Service, and you bear sole responsibility for verifying the accuracy, legitimacy, authenticity, and legality of these Digital Assets or Items that you may purchase from third-party sellers. We cannot guarantee that any Digital Assets or Items that are visible on the Marketplace and/or Eternians Store will always remain visible or available for purchase, sale, or transfer, nor can we guarantee that these Digital Assets or Items may hold or retain value—some may even become worthless. You are solely responsible for any content related to your Digital Assets or Items.

1. INDEMNITY

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Eternians, and our officers, directors, agents, partners and employees (individually and collectively, the “Eternians Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of or related to (a) your use of misuse of the Services, (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or applicable law, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or willful misconduct. You agree to promptly notify Eternians Parties of any third-party Claims, cooperate with Eternians Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Eternians Parties will have control of the defense or settlement, at Eternians’s sole option, of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ETERNIANS.

If Eternians is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section 8, you agree to reimburse Eternians its legal fees, as well as its employees’ and contractors’ time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.

1. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ETERNIANS PARTIES MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ETERNIANS PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (IV) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. 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.

WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS OR OTHER ITEMS, OR ANY DIGITAL ASSETS OR ITEMS YOU INTERACT WITH WHEN USING OUR SERVICES OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OBTAINED FROM ETERNIANS PARTIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF SERVICES PROVIDED BY THIRD-PARTY, OR USE OF BLOCKCHAINS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK.

THE DIGITAL ASSETS, INCLUDING THE PETS AND OTHER IN-GAME ITEMS, ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE SPECIFIC BLOCKCHAINS. ALL DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE RECORD THEREOF ON THE DECENTRALIZED LEDGER WITHIN THE SPECIFIC NETWORK. ETERNIANS HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY DIGITAL ASSETS. ETERNIANS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK OR INCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF FUNDS.

YOU ACKNOWLEDGE AND AGREE THAT THE ETERNIANS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY ETERNIANS PARTY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD-PARTY SERVICE PROVIDERS, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT ETERNIANS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. ETERNIANS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT ETERNIANS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER. ETERNIANS MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

We are not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Digital Assets or Items. We are not responsible for casualties due to developers' or representatives' delay or failure to report any issues with any blockchain-supporting Digital Assets or Items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

We do not transfer legal ownership of Digital Assets or Items from the Seller to the Buyer. Further, we cannot guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions.

1. LIMITATION OF LIABILITY

IN NO EVENT SHALL ETERNIANS BE LIABLE FOR ANY LOSSES REALIZED OR DEMANDED OF USERS RELATED TO USERS’ ACCESS TO THE PLATFORM OR USE OF THE SERVICES, INCLUDING ANY LOSSES FOR INTELLECTUAL PROPERTY INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ETERNIANS FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ETERNIANS FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ETERNIANS, AS APPLICABLE.

IN NO EVENT SHALL ETERNIANS NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (III) USE OF ANY CONTENT OBTAINED FROM OR GENERATED IN WHOLE OR IN PART BY THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR SOME TYPES OF DAMAGES. TO THAT END, THE EXCLUSIONS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO WAIVE ALL RIGHTS TO ASSERT ANY CLAIMS UNDER APPLICABLE LAWS AND REGULATIONS AND YOU AGREE THAT YOU MAY MAKE CLAIMS BASED ONLY ON THESE TERMS.

YOU ACKNOWLEDGE THAT ETERNIANS HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ETERNIANS.

1. ASSUMPTION OF RISK

ETERNIANS'S SERVICES RELIES ON EMERGING TECHNOLOGIES, SUCH AS THE VICTION NETWORK. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

In this section, we set out a non-exhaustive list of some of the risks below. These risks, as well as additional risks arising from now or in the future, can be substantial and potentially devastating. You should therefore carefully consider whether using any of our Services, including the Site, is suitable for you considering your financial condition prior to your commencement of use. You must also seek professional advice regarding your financial condition prior to your commencement of the use of our Services. Finally, please ensure that you review the latest version of these Terms as they may change from time to time. You accept and acknowledge each of the following:

(a) The prices of blockchain assets are extremely volatile and may significantly fluctuate at any given moment for any reason, even becoming worthless. Due to these price fluctuations, you may gain or lose value in your digital assets at any given moment, and the fluctuations in the price of other digital assets could materially and adversely affect the value of your Digital Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Digital Assets will not lose money.

(b) Digital Assets and Items are not considered legal tender. They may not be backed by any physical assets and may not be backed, guaranteed, or supported by any government or centralized authority. Digital Assets and Items may not have intrinsic value, and their circulation may be limited and restricted.

(c) Digital Assets are generally considered a high-risk asset class and may or may not be considered securities under certain jurisdictions. You must therefore exercise prudent judgment when trading Digital Assets.

(c) The nature of Digital Assets may be very complex, and their terms, features, and/or risks may not be readily or fully understood due to the complex structure, novelty, and reliance on technological features.

(d) There is no assurance that the Site, Service, or any other related products or services will be orderly and stable. Any listed Digital Asset or Item's value may be subject to large swings and may even become worthless.

(e) In comparison to other types of assets, including fiat currencies and securities, any Digital Asset transactions may not be subject to a right of claim under any investor compensation fund established by any government or regulatory authority; furthermore, Digital Assets held by any dApp service provider or aggregator may not be protected deposits, and may not be protected by any deposit protection scheme in any relevant jurisdiction. Thus, Digital Assets may have a reduced level and type of protection compared to fiat currencies, securities, and other asset classes and types.

(f) During your use of the Service, you may be subject to various fees that may or may not arise directly from us, including fees that arise from any action that you take on the blockchain, whether a successful transaction occurs. These fees are final and irreversible. Prior to making any transactions, you must fully understand all commissions, fees, and costs for which you may be liable. If any of these fees are not clear to you, you must request clarification of what fees will be applicable in specific monetary terms prior to using the Services or entering any transactions.

(g) You are solely responsible for determining what, if any, taxes apply to your Digital Assets or related or similar transactions, and to withhold, collect, report and remit the correct amount of taxes to the appropriate tax authorities. Eternians is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your Digital Assets or any related or similar transactions on the Services.

(h) You are solely responsible for determining what, if any, taxes apply to your Digital Assets or related or similar transactions, and to withhold, collect, report and remit the correct amount of taxes to the appropriate tax authorities. Eternians is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your Digital Assets or any related or similar transactions on the Services.

(i) You understand that there are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, bugs in items on smart contracts, and items that become non-transferable. You represent and warrant that you have done sufficient research prior to making any transactions or otherwise interacting with any Digital Assets.

(i) The Services do not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on the applicable Digital Asset's supporting blockchain. Any transfer of Digital Assets occurs only on the supporting blockchain, and not on the Services.

(k) The current regulatory regime(s) governing blockchain technologies, non-fungible tokens, digital assets, and other crypto-based items and collectibles is uncertain and may be constantly changing. New regulations or policies may materially and adversely affect the Services and the value and utility of Digital Assets.

(l) There are risks associated with using Internet and blockchain-based products, such as Digital Assets, Items, and cryptocurrencies, 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 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 Internet, Blockchains or any other blockchain, however caused.

(m) Malicious individuals or organizations may target you and attempt to steal any Digital Assets and/or Items you may hold or claim any Digital Asset and/or Item that you may have purchased. You are solely responsible for protecting yourself against such actions.

(n) There is no technology that is completely secure or safe. You should therefore exercise caution when using any technology.

(o) We do not have ownership or control of the smart contracts deployed by third parties, and we are not responsible and make no guarantees regarding their capabilities, operation, or functionality. We do not control the public Blockchains that you are interacting with, and we do not control certain smart contracts that are integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible, and we have no ability to reverse any transactions on the blockchain.

(p) We are not responsible for losses or casualties due to developers' or representatives' delay or failure to report any issues with any Blockchain supporting Digital Assets, including without limitation, forks, technical node issues, or any other issues that result in losses of any sort.

(q) The Services relies on third-party platforms and vendors. If we are unable to maintain a good relationship with these parties; if their respective terms and conditions or pricing changes; if we violate or cannot comply with these parties' terms and conditions; or if any of these parties loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services may be degraded.

(r) A lack of use or public interest in the creation and development of distributed ecosystems (including without limitation the Blockchains) could negatively impact the development of the Eternians ecosystem, and therefore the potential utility or value of Digital Assets or Items.

(s) The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Eternians ecosystem, and therefore the potential utility or value of Digital Assets.

(t) Upgrades to the Blockchains may have unintended, adverse effects on the Services, including any Digital Assets made available by Eternians.

(u) At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Digital Asset or Item. These persons are often referred to colloquially as "whales". Whether acting individually or collectively, these whales may have a significant impact and may be able to influence or cause significant market events that may have a detrimental effect on the price, value, or functionality of Digital Assets or Items. Furthermore, these whales, or other network participants and users, may make decisions that are not in your best interest as an owner of Digital Assets or Items.

(v) We reserve the right to hide collections, contracts, and items that are affected by any issues for any reason at our sole discretion. These items you purchase may be inaccessible on the Site or through the Services. You understand and accept that the inability to view items on the Site or the inability to use the Services in conjunction with the purchase, sale, or transfer of items available on any blockchains does not give you any grounds for a claim against us.

1. TERMINATION

If you want to terminate the Services, you may do so by (a) notifying us at any time; and (b) closing your Account; provided, however, that notwithstanding any such termination and for the avoidance of doubt, these Terms will continue to apply with respect to any Digital Asset or Item owned by you and all of your User Content. These Terms of Use remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE THIS AGREEMENT AND/OR DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR FOR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or a borrowed name, or the name of any third party, or from otherwise using the Services, even if you are acting on behalf of the third party. In addition to terminating and suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, as set forth in more detail in Section 18, below. You understand that any termination of your right to access and use the Services may involve deletion of your User Content associated with your use of the Services from our live databases as well as limitation or inability to access Items that you may have purchased. Eterníans will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your right to access and use the Services, deletion of your User Content, or limitation or inability to access Items in your Account. All sections intended by their nature to survive will survive the termination of this Agreement.

1. INVESTIGATIONS

If we become aware of any possible violations by you of these Terms of Use, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity may have occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your Content, in Eternians's possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms of Use, (iii) respond to any claims that your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Eternians, its users, or the public, and all law enforcement or other government officials, as Eternians in its sole discretion believes to be necessary or appropriate. By agreeing to these Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Services, including without limitation text, voice, or video communications.

1. RELEASE

You hereby release and forever discharge Eternians and the Eternians Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users). IN CONNECTION WITH THE FOREGOING YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OR RULE IN YOUR JURISDICTION, WHICH STATES IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

1. FUTURE CHANGES TO SERVICES

We are always working to improve Services, so our Services, and/or products may change over time. We may suspend or discontinue any part of Services, or we may introduce new features impose limitations on certain features, or restrict access to part or all Services.

1. FUTURE CHANGES TO THE TERMS

We are constantly working to improve our products and services, so these terms may need to change in conjunction with Eternians. Eternians reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Platform or updating the “Last Updated” date at the beginning of these Terms. By continuing to access the Platform or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access the Platform or use the Service.

Except for our changes as described herein, no other modification or modification of these Terms will be effective unless signed in writing by both you and us.

1. RESOLVING DISPUTES; BINDING ARBITRATION

We want to address your concerns without needing a formal legal case. Before filing a claim against Eternians, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at [e-mail]. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Eternians and limits the manner in which you can seek relief from us unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and Eternians agree that any dispute arising out of or related to these Terms, or our Services is personal to you and Eternians and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes. Except for claims disputes in which you or Eternians seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Eternians waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Service, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Singapore. You and Eternians agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.

(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Eternians, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Eternians will not have the right to assert the claim.

(e) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

1. GOVERNING LAW

These Terms and your access to the Platform and use of the Services shall be governed by construed and enforced in accordance with the laws of the British Virgin Islands without giving effect to the conflict of laws principles thereof.

1. SEVERABILITY

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

1. INJUNCTIVE RELIEF

You agree that a breach of these Terms will cause irreparable injury to Eternians for which monetary damages would not be an adequate remedy and Eternians shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

1. MISCELLANEOUS

These Terms constitute the entire agreement between you and Eternians relating to your access to the Platform and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Eternians, and Eternians’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.