My Neighbor Alice Game Terms and Conditions
Effective as of 2024-04-16 Last Revised as of 2024-04-10
Please read and agree to these Terms and Conditions (the "Terms") carefully before using any of our sites, mobile games, companion games, mobile applications, marketplace, launcher and/or software or platforms (collectively, the “Applications”) and/or purchasing and/or otherwise acquiring or using any digital assets in, or entering, the game world/s of My Neighbor Alice ("MNA"). MNA is a multiplayer decentralized, community-driven, builder-game platform created and operated by Alice Foundation Ltd, Singapore ("Alice Foundation", "we" or "us").
Acceptance Of Terms
Your ("you", “participant”, “user” or "buyer") engagement with MNA is conditioned on your unconditional acceptance of and compliance with these Terms. If you disagree with any part of the Terms, then you may not engage or participate in MNA.
By engaging, testing, purchasing, accessing or by calling an action on MNA or on an MNA Token (as defined below) smart contract, you are deemed to agree to be unconditionally bound by, and accept these Terms, as set out below ("Acceptance"). If you do not unconditionally agree to these Terms, you are not authorized to download, test, purchase, acquire, use, access, connect to or register to access MNA or MNA Tokens or interact with MNA and you must immediately cease doing so and/or remove or uninstall any application/s from all of your devices immediately.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind the company or legal entity (and its employees) to this agreement. The terms may be amended from time to time by Alice Foundation and any changes do not change your unconditional acceptance of these Terms. These Terms must be read in conjunction with our Privacy Policy which is hereby incorporated into these Terms by reference.
You expressly understand and unconditionally agree that your use of MNA Tokens and MNA is at your sole risk and that MNA Tokens and MNA are provided "as is" and "as available."
If you are a resident of a jurisdiction where the use of the Applications is prohibited by law, regulation, or any governmental authority, you are strictly prohibited from accessing or using the Applications. By accessing or
using the Applications, you represent and warrant that you are not a resident of any such prohibited jurisdiction.
Acceptance of these MNA Terms and Conditions by eligible players requires an affirmative self-initiated and recorded action of a binding agreement to an unconditional acceptance clause at the end of these Terms and Conditions that states: “I have read these Terms and Conditions and agree to be unconditionally bound by them, and agree to proceed”
Age Limit
Alice Foundation and MNA Tokens are offered and available to Buyers who are 18 years of age or older. By purchasing, acquiring, accessing, or using MNA Tokens, you represent and warrant that you are of legal age to form a binding contract with Alice Foundation and meet the foregoing eligibility requirement. If you do not meet this requirement, you must not purchase, acquire, access, or use MNA Tokens.
Player Eligibility
Eligibility as a participant player for MNA and testing of the introductory chapter is restricted to:
Plot holder;
Free trial user.
Participant player eligibility requirements for MNA, include but are not limited to a Chromia Vault account.
The plot holder, the user owning the Plot within MNA (“Plot holder”) shall possess the right to extend invitations to other users for the purposes of sharing the said land plot and any and all resources associated therewith. The Plot Holder shall bear full responsibility for their invited users in relation to the shared use of the plot resources.
You will not utilize the Applications if you are a resident or national of a jurisdiction where access to Applications is prohibited under local laws. Your access to the Applications is always initiated on your own accord, and you are solely responsible for ensuring compliance with applicable local laws. The use of our service is strictly prohibited and not available to individuals residing in the following countries: North Korea, Russia, Iran, Cuba, Syria, Afghanistan, Belarus, Myanmar, Central African Republic, Congo, Ethiopia, Iraq, Lebanon, Libya, Mali, Nicaragua, Somalia, South Sudan, Sudan, Venezuela, the United States of America, Zimbabwe, Yemen, Tunisia, Haiti, Burundi, Democratic Republic of the Congo.
By accessing or attempting to use our Applications from any of the aforementioned countries, you acknowledge and agree that you are prohibited from doing so. We reserve the right to monitor user activity and take necessary measures to enforce this restriction, including but not limited to blocking access, terminating accounts, or refusing service. Please note that this list of restricted countries may be updated periodically without prior notice. It is your responsibility to ensure compliance with any applicable laws or regulations in your jurisdiction before accessing or using our Applications. We appreciate your cooperation and adherence to these Terms, as they are necessary to maintain compliance with legal and regulatory requirements.
Current Version Of My Neighbor Alice Game Mna (“MNA”)
The current version of MNA is in a testing phase and the game may contain bugs and errors. Alice Foundation cannot be held liable for any losses resulting from its use and does not warrant against loss or damage resultant from its use. Users employ MNA entirely at their own risk.
The fundamental nature of this MNA release is to acquire user feedback and data will be collected including gender, age, playtime, in game activities and geographic area. Alice Foundation will process data in accordance with all applicable data regulations, with particular attention to geolocated user entry data origination and data travel rules. The players’ individual identifiable data is of no relevance and only player nominated pseudonyms may be collected.
It is acknowledged and agreed as an eligibility requirement for MNA that Alice Foundation will collect the user account and the wallet address data from the players, who hold a Plot, and necessary engagement with the Binance Smart Chain network and Chromia appnet or mainnet, that is required for registration in MNA. This data will be processed in accordance with all applicable data regulations, with particular attention to geolocated user entry data origination and data travel rules.
The current version of MNA will be accessible from the dashboard of:
https://www.myneighboralice.com/
The launcher to My Neighbor Alice could be downloaded directly through Chromia's AWS website:
https://chromia-launcher.s3.eu-central-1.amazonaws.com/production_version/ChromiaLauncherInstaller.exe
There are three types of digital assets utilized within MNA:
a. Plots (virtual islands) and other in-game assets (represented as Non-Fungible Tokens (“NFT’s”) and/or fungible tokens)
b. ALICE token (“ALICE”)
c. BJORN token (“BJORN”)
Collectively, a, b and c represent "MNA Tokens".
The players in MNA will play with MNA Tokens. The NFTs created through the in-game feature crafting that contain one or more ALICE as collateral (“Crafted NFTs”) will be stored on chain and retained by the owner. The NFTs created through the in-game feature crafting that does not contain ALICE as collateral will not be stored or saved after the current season of MNA of which the Crafted NFT was created has ended, unless otherwise expressly stated in these Terms or in separate written terms provided by us. MNA has limited gameplay and each season is limited to only a few gameplay features of MNA.
Chromia Bridge
MNA will utilize Chromia bridge. Considering that this implementation of the bridge is the first instance of user utilization, Alice Foundation reserves the right to impose restrictions on ALICE deposits and regularly withdraw deposited ALICE to addresses external to the bridge. Alice Foundation acknowledges the potential occurrence of technical bugs and inaccuracies during transactions on the Chromia bridge.
In our commitment to user protection, Alice Foundation shall provide reimbursement for lost funds, up to a maximum of 50 ALICE, if:
the user is eligible to play MNA,
complies to these Terms and
the loss of funds is due to technical bugs, inaccuracies or attacks in the Chromia bridge.
The user will only be eligible for reimbursement for the ALICE the user lost due to technical bugs, inaccuracies and attacks in Chromia bridge. In instances where you experience a loss of ALICE due to technical bugs, inaccuracies and attacks in Chromia bridge we shall reimburse the lost ALICE by returning the lost funds to your wallet address. The user's eligibility for reimbursement shall be limited to the actual amount of ALICE funds the user has lost, up to a maximum of 50 USD, and shall not extend beyond this specified limit. Alice Foundation’s decision regarding the eligibility and amount of reimbursement shall be final. This reimbursement serves to enhance user confidence and ensure a secure and reliable transactional experience on the Chromia bridge. By utilizing the Chromia bridge, users acknowledge and agree to the Terms.
The MNA Plots And NFTs
In MNA the Plots and NFTs will exist on the Chromia Relational Blockchain or Binance Smartchain Network. In MNA the Plots are in finite supply, may have different characteristics and relative value and may enable users to create, buy, transfer and trade unique digital game assets on your Plot in MNA for game-making purposes. Plots and fake NFTs however have no useability outside of the MNA platform. Plots and fake NFTs do not have any tangible or physical manifestation.
Restrictions For User Generated Content
It must be stated that Alice Foundation owns all rights, title, and interest in and to any art, design, photograph, and drawing that may be associated with any MNA Plot that you own (“Art”), and all intellectual property rights therein.The player will only receive a license to use for specified purposes in MNA.
Alice Foundation will own all rights, title, and interest in and to
the Art and all proprietary source code, object code and other technology associated with the
Plots and MNA; and
any and all other content and materials available through the Plots and NFTs, MNA and
MNA-websites, any associated application, and all intellectual property rights therein; and
Alice Foundation Intellectual Property may only be used in connection with the Plots, for
personal, non-commercial purposes.
Alice Foundation does not grant, by implication, estoppel, or otherwise, any license or right to use any Alice Foundation Intellectual Property or Plots and other in-game assets in a manner inconsistent with these Terms without the prior written permission of Alice Foundation and/or any third-party that may own additional intellectual property. This clause extends to prohibit the unauthorized use of intellectual property rights held by third parties, encompassing, without limitation, trademarks, copyrights, domain names, and other forms of intellectual property, which neither the Alice Foundation nor the users possess any rights to, unless expressly granted through legitimate channels. Users and the Alice Foundation are hereby forbidden from assuming ownership, claiming rights, or engaging in the use of third-party intellectual property without securing appropriate permissions or rights from the rightful owners.
In effect Alice Foundation grants a limited, non-exclusive, non-transferable, royalty-free license to display the Art solely, for the following purposes:
for your own personal, non-commercial use within MNA.
You may not (and may not permit any third-party to):
modify the Art in any way, including without limitation, the shapes, designs, drawings, attributes, or color schemes; or
use the Art to advertise, market, or sell any product or service; or
use the Art in any manner which would constitute or amount to an endorsement of or relationship
with any particular third-party, entity, product, product category, charity or service
grant any third-party the right to use through the Art; or
use the Art in connection with images, videos, or other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; or
use the Art in movies, videos, or other forms of media, except solely for your own personal, non-commercial use; or
sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the Art; or
attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Art except for the license granted pursuant to these Terms; or
otherwise use the Art for your or any third-party’s commercial benefit. To the extent that the Art contains any intellectual property licensed from a third-party, you will not have the right to use such third-party intellectual property in any way except as incorporated in the Art (and subject to all of the restrictions set forth herein with respect to your use of the Art).
The license granted in these Terms apply only to the extent that the MNA is live. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of a Plot or NFT for any reason, the license granted in these Terms will immediately expire, and you will have no further rights in or to the Plot or NFT or the related Art.
In addition, you agree that you shall not remove any proprietary notices or labels on or in the Alice Foundation Intellectual Property and/or not bypass, modify, defeat or circumvent any technologies or methods to deliver or protect the Plot or any other Alice Foundation Intellectual Property. We reserve the right to modify or discontinue the Plots and NFTs and the MNA platform (or any parts of any associated software or applications relating thereto) with or without notice at any time.
Alice Foundation (including, without limitation, our licensors) shall not be liable to you or any third-party for any modification, suspension, or discontinuance of the Plots, NFTs or the MNA platform or any associated software, applications, or functionality.
Alice Token
ALICE is a medium of exchange which may be used to acquire Plots in the MNA game, BJORN or various tokens within MNA, to be staked within MNA and used as collateral, or entitle the user to certain exclusive privileges (e.g. purchases of designer "NFTs"). It is freely tradeable on various virtual currency exchanges such
as Binance and may be exchanged and accessed in a peer-to-peer manner by users. ALICE would have no useability outside of the MNA gaming ecosystem platform. ALICE do not have any tangible or physical manifestation.
Bjorn Token Bjorn
The game will use fake BJORN that will be burned and destroyed, and not be usable afterwards.
Registration
We reserve the right to require that you register with us in order to utilize the utility of MNA Tokens and NFTs within MNA. If you are required to register an account with us or any third-party, you agree to provide accurate, current, and complete information about yourself as part of that process. When registering you may be required to select a username and password, private key, or other form of secure authentication that will be used to access your account ("Password"). You are responsible for any use of your Password, whether by you or others. You agree to keep your Password confidential and not share it with anyone else. Alice Foundation is not liable for any loss or damage arising from your failure to protect your username, Password, or any other personal information, including but not limited to loss of access to any MNA Tokens and/or NFTs.
You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the Chromia Relational Blockchain or Ethereum Blockchain, or Binance Smartchain Network. Such data includes but is not limited to information identifying and/or otherwise pertaining to your User Account.
You authorize Alice Foundation to act on instructions received through use of your Password, and that Alice Foundation may, but is not obligated to, deny access, or block any transaction made through use of your Password without prior notice.
Terms Of Service Privacy And Security
It is your responsibility to know, understand and abide by these Terms and the Privacy Policy, which is incorporated herein by reference. Any information that you may provide to Alice Foundation during your use of MNA is subject to Alice Foundation’s Privacy Policy. Any information that you may provide to a third-party site during your use of MNA is subject to the third-party site’s privacy policy, and your use of any third-party site included in MNA is governed by the terms of service of the applicable third-party site. You are solely responsible of ensuring that any process, devices and/or services you employ to access or use MNA Tokens or any of the Applications (in particular, without limitation, to acquire, hold, manage and sell MNA Tokens do not expose you to the risk of viruses, malicious computer code or other forms of
interference which may damage your own computer system and/or any data contained therein). To the greatest extent permitted by law and without limiting the generality of this Section, Alice Foundation excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use of MNA or any of the Applications.
Compliance
You acknowledge that certain operations in respect of MNA and any Application may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use MNA to engage into any such activities and that Alice Foundation makes no representation in respect of, or otherwise in connection with, the suitability of MNA and/or any output generated by using MNA, to engage into any regulated activity regarding MNA or such output’s compliance with laws and regulations applicable to such activities. Alice Foundation neither recommends, nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.
In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly and unconditionally agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using MNA and/or the Applications and/or any output in connection with MNA and/or the Applications.
Digital Assets
MNA and/or MNA tokens and digital assets are not a representation of money or electronic money, or any security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment. Alice Foundation does not facilitate the transmission of fiat currency on behalf of users or other third parties, nor does it assist with the conversion of MNA and/or MNA tokens or digital assets to fiat currency.
Storefronts
The feature Storefronts within MNA is designed to enhance player interaction and trading within the community. Storefronts allow users to list in-game assets for sale, facilitating transactions directly within MNA. Users are encouraged to participate in the game by putting up sale orders for in-game assets through their Storefronts. These assets can be sold for ALICE tokens and BJORN tokens.
To maintain the integrity and prevent spam, we charge a nominal fee in BJORN tokens to list a sale order. This fee is taken as a payment to publish your sale order on the Storefront. The exact amount of BJORN required for listing will be displayed to the user before the finalization and publication of any sale order. We reserve the right to modify this fee at any time.
In addition to the listing fee, we charge a transaction fee will be applied to each completed sale. The transaction fee is displayed upon the listing of the token. This fee is applicable to the currency used in the transaction, meaning it could be taken in either BJORN or ALICE, depending on which token the transaction involves. This fee is automatically deducted from the total sale amount before the proceeds are credited to the seller's account.
Taxation
Alice Foundation makes no representation or advice of any kind in respect of, or otherwise in connection with, the suitability of MNA and/or any output generated by using MNA, or ALICE or other game assets to engage into or with any taxation regulated activity regarding MNA or such output’s compliance with laws and regulations applicable to such activities, retrospectively, now or into the future. Alice Foundation neither recommends, nor otherwise advises that you engage in such activities. If you choose to engage in taxation regulated activities, you do so at your own risk and sole responsibility.
In particular, you are solely responsible for your compliance with any applicable taxation laws and regulatory requirements, including any applicable provisions of related financial markets laws. You herewith expressly and unconditionally agree to ensure compliance with any applicable taxation legal requirements at your own cost and responsibility in using MNA Tokens and any Applications.
Intellectual Property Ownership Licenses And Restrictions
Ownership of MNA-token is limited to attribution of the relevant MNA-token residing on the relevant blockchain network, which is merely an information and transaction log recorded on an immutable ledger regarding the timestamped transfer history of such MNA-token. The ownership of Art and the rights that you have in and to the Art are limited to those expressly stated below. The first sale doctrine, and any similar doctrine or principle under any the laws of any applicable jurisdiction, does not extend to any holder or acquirer (including subsequent acquirer of MNA). MNA-token may be associated with certain Art or a unique Uniform Resource Identifier JSON file containing Metadata such as the name, description or image file stored on the Chromia Relational Blockchain. Where MNA-tokens are associated with certain Metadata, you may be able to edit your Metadata to adjust title, description, URL link, preview image, and logo within the limits of the smart contracts. All Metadata (and any URL, images, or logos to which it links or that are
uploaded) must comply with these Terms and specifically cannot link to or contain any material or content that is pornographic, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal. All Metadata are subject to Alice Foundation’s Code of Conduct. Alice Foundation reserves the right to moderate and/or delete any Metadata that does not comply with these Terms or the Code of Conduct.
Subject to the licenses expressly granted below, Alice Foundation (or where applicable, our licensors) own all rights, title, and interest in and to
the Art, the Metadata and all proprietary source code, object code and other technology associated with MNA Tokens and MNA and
any and all other content and materials available through the MNA and Applications, any associated application, and all intellectual property rights therein ("Alice Foundation Intellectual Property").
Alice Foundation Intellectual Property may only be used in connection with MNA, for personal, non-commercial purposes, as expressly permitted in these Terms. Unless explicitly stated, you should assume that all Alice Foundation Intellectual Property is protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted in these Terms. Alice Foundation does not grant, by implication, estoppel, or otherwise, any license or right to use any Alice Foundation Intellectual Property or MNA in a manner inconsistent with these Terms without the prior written permission of Alice Foundation and/or any third-party that may own additional intellectual property.
Without limiting the generality of the foregoing, subject to your continued compliance with these Terms, Alice Foundation grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to view and display the Art or Metadata for MNA that you Own, solely, for the following purposes:
for your own personal, non-commercial use within MNA.
You may not (and may not permit any third-party to):
modify the Art or Metadata in any way, including without limitation, the shapes, designs, drawings, attributes, or colour schemes; or
use the Art or Metadata to advertise, market, or sell any product or service; or
use the Art or Metadata in any manner which would constitute or amount to an
endorsement of or relationship with any particular third-party, entity, product, product
category, charity or service
grant any third-party the right to use through the Art or Metadata; or
use the Art or Metadata in connection with images, videos, or other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; or
use the Art or Metadata in movies, videos, or other forms of media, except solely for your own personal, non-commercial use; or
sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the Art or Metadata; or
attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Art or Metadata except for the license granted pursuant to these Terms; or
otherwise use the Art or Metadata for your or any third-party’s commercial benefit. To the extent that the Art contains any intellectual property licensed from a third-party, you will not have the right to use such third-party intellectual property in any way except as incorporated in the Art or Metadata (and subject to all of the restrictions set forth herein with respect to your use of the Art or Metadata).
The license granted in these Terms apply only during the term of the MNA. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of MNA for any reason, the license granted in these Terms will immediately expire, and you will have no further rights in or to the MNA or the related Art or Metadata.
In addition, you agree that you shall not remove any proprietary notices or labels on or in the Alice Foundation Intellectual Property and/or not bypass, modify, defeat or circumvent any technologies or methods to deliver or protect MNA or any other Alice Foundation Intellectual Property. We reserve the right to modify or discontinue MNA and/or the MNA platform (or any parts of any associated software or applications relating thereto) with or without notice at any time. Alice Foundation (including, without limitation, our licensors) shall not be liable to you or any third-party for any modification, suspension, or discontinuance of MNA or the MNA platform or any Applications or functionality.
Protection Of The Copyright And The Mark
Alice Foundation has not granted over the Copyright or the Mark any of the following:
assignments;
rights;
licenses;
waivers;
charges;
liens; and
encumbrances.
The User:
acknowledges that all copyright and rights in the nature of copyright subsisting in any part of the
world in any new property shall vest in Alice Foundation;
hereby assigns to the Alice Foundation absolutely (with full title guarantee) the entire copyright and
all other rights in the nature of copyright subsisting in the new property, and all other rights of whatever nature, whether now known or created in the future, to which the User may be entitled by virtue of the laws in force in any part of the world in such new property, in each case for the whole term including any renewals, reversions, revivals and extensions;
shall ensure that any third-party who creates, including in the course of or in preparation for manufacture of (the Products or) the Licensed Products, new property for the User, such as consultants or freelance designers, assigns any copyright or other rights they may have in the new property Alice Foundation on the terms set out in Clause (ii) above;
shall ensure that any moral rights in relation to the new property are unconditionally waived to the fullest extent permitted by applicable laws; and
shall, upon Alice Foundation’s request, provide the Licensor with copies of all and any new property, in such format as the Licensor may reasonably request.
The user shall immediately notify Alice Foundation in writing giving full particulars if any of the following matters come to its attention:
any actual, suspected or threatened infringement of the Copyright or the Mark;
any claim made or threatened that the Property infringes the rights of any third-party;
any actual or threatened claim that the Mark is invalid;
any actual or threatened opposition to the Mark;
any person applies for, or is granted, a registered trade mark by reason of which that person may be, or has been, granted rights which conflict with any of the rights granted to the user under this agreement; or
any other form of attack, charge or claim to which the Copyright or the Mark may be subject.
In respect of any of the matters listed in clauses 1. to 6:
Alice Foundation shall, in its absolute discretion, decide what action if any to take;
Alice Foundation shall have exclusive control over, and conduct of, all claims and proceedings;
the User shall not make any admissions other than to the Licensor and shall provide Alice Foundation with all assistance that it may reasonably require in the conduct of any claims or proceedings; and
iv. Alice Foundation shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for its own account.
The provisions of sections 101 and 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction) are expressly excluded.
Termination
Alice Foundation may terminate this Agreement if, in Alice Foundation’s sole discretion, Alice Foundation determines that there has been a breach of these Terms, a material breach of any other agreement between you and Alice Foundation or a violation of law. Upon termination, all licenses granted herein end immediately. You will cease using MNA Tokens and MNA and return to us any MNA Tokens you may have in your possession. Termination of these Terms will not relieve you of your obligation to pay any amounts you owe up to and including the date of termination.
We may, at our sole discretion at any time, and for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part MNA. Termination may include, but not be limited to
removal of your access to, or listing of MNA on Alice Foundation’s media properties or platform; or
the deletion of all account information related to MNA from Alice Foundation’s media properties; and
barring any further use of or access to the MNA platform by you.
Assumption Of Risk
You acknowledge that:
markets and prices for blockchain assets, such as NFTs, can be extremely volatile, variations in
prices for other digital assets could materially and adversely affect the value of any MNA Tokens that you own, and there is no guarantee that any MNA Tokens that you own will have or grow or retain any value; and
there are risks associated with MNA Tokens, cryptocurrencies and other internet-native assets, including but not limited to the risk of hardware, software, and internet connectivity failures, malicious software, and the risk that third parties may obtain unauthorized access to your assets, and neither Alice Foundation nor any of its licensors shall be responsible for, or have any liability with respect to, any of these; and
Alice Foundation does not promise to host the Art or Metadata at any specific location or to make the Art or Metadata available on the internet for any specific period of time; and
changes to the Chromia Relational Blockchain may have adverse effects on all blockchains using such platform, including without limitation, MNA that you may Own; and
neither Alice Foundation nor any of its licensors shall be responsible for, or shall have any liability with respect to, any transaction between you and a third-party (such as your purchase or sale of MNA Tokens on the so-called "secondary market").
No Representations And Warranties
Alice Foundation does not make any representation or give any warranty in respect to any characteristics of MNA. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while Alice Foundation has endeavored to take all reasonable measures and apply appropriate care in the preparation of the content of MNA, Alice Foundation neither represent nor warrant that:
The MNA or Applications run uninterrupted and error-free; or
The use of MNA is fit for any particular purpose and does not infringe upon any third-party’s intellectual property rights; or
Any information contained in MNA and/or any of the Applications is accurate, adequate,
complete or error free; and
Except when otherwise stated in writing Alice Foundation, the copyright holders and/or other parties provide MNA and Applications "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of MNA and any MNA tokens that you own is with you.
Liability Indemnity And Insurance
Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this license or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law. Nothing in this license shall operate to exclude or limit the Alice Foundation’s liability for:
death or personal injury caused by its negligence; or
fraud;oranyotherliabilitywhichcannotbeexcludedorlimitedunderapplicablelaw
In no event unless required by applicable law or agreed to in writing will Alice Foundation (or any licensor) be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use MNA (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties), even if such holder or other party has been advised of the possibility of such damages.
To the fullest extent permitted by law, Alice Foundation shall not be liable to the User for any costs, expenses, loss, or damage (whether direct, indirect, or consequential and whether economic or other) arising from the User's exercise of the rights granted to it under this agreement. The User shall indemnify Alice Foundation against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Licensor arising out of or in connection with:
the Users exercise of the rights granted to it under this agreement; and
the Users breach or negligent performance or non-performance of this agreement, including any product liability claim relating to Licensed Products manufactured, supplied, or put into use by the Licensee; and
the enforcement of this agreement; and
any claim made against Alice Foundation by a third-party for death, personal injury or damage to property arising out of or in connection with defective Licensed Products, to the extent that the defect in the Licensed Products is attributable to the acts or omissions of the Licensee, its employees, agents, sub-licensees, or subcontractors.
This indemnity shall not apply to any liabilities, costs, expenses, damages, or losses incurred by Alice Foundation directly or as result of any material breach by Alice Foundation of any term of this agreement, or any act of gross negligence or wilful misconduct by Alice Foundation. Liability under this indemnity is conditional on Alice Foundation discharging the following obligations. If any third-party makes a claim, or notifies an intention to make a claim, against Alice Foundation which may reasonably be considered likely to give rise to a liability under this indemnity (“Claim”), Alice Foundation shall:
as soon as reasonably practicable, give written notice of the Claim to the Users, specifying the nature of the Claim in reasonable detail;
not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the Users (such consent not to be unreasonably conditioned, withheld or delayed) provided that Alice Foundation may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to the Licensee, but without obtaining the Users consent if Alice Foundation reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
give the Users and its professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives, or advisers, and to any relevant assets, accounts, documents and records within the power or control of Alice Foundation, so as to enable the Users and its professional advisers to examine them and to take copies (at the Licensee's expense) for the purpose of assessing the Claim; and
subject to the Users providing security to Alice Foundation to the Alice Foundation's reasonable satisfaction against any claim, liability, costs, expenses, damages, or losses which may be incurred, take such action as the Users may reasonably request to avoid, dispute, compromise or defend the Claim.
OR be deemed to have given to the Users sole authority to avoid, dispute, compromise or defend the Claim. If a payment due from the Users under this (Protection of the Copyright and the Mark) is subject to tax (whether by way of direct assessment or withholding at its source), the Licensor shall be entitled to receive from the Licensee such amounts as shall ensure that the net receipt, after tax, to the Licensor in respect of the payment is the same as it would have been were the payment not subject to tax.
Nothing in this clause shall restrict or limit the Alice Foundation’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
User Restrictions
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of the MNA, in particular, but not limited to, the underlying rules and mechanics of the MNA and/or the code of MNA, its user interface and/or its operating principles, unless separately agreed in writing.
You may not reverse engineer any source code that is not open source regarding MNA or otherwise attempt in any way to derive or otherwise determine the source code for the operation of MNA.
You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of MNA, the Art or Applications other than in accordance with the License.
You may not utilize any automated software or "bots" in relation to your access or use of MNA or Applications.
You may not knowingly perform any actions that may cause the computers used to support MNA or Applications (the "Servers") to become overloaded or crash.
You may not use any data gathering and extraction tools or software to extract information from MNA or Applications or utilize framing techniques to enclose any of the contents of the MNA or Applications.
Without Alice Foundation’s written approval, you may not use any of Alice Foundation’s or MNA’s logos, trademarks or other proprietary names or graphics. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to MNA.
You may not use any meta tags or other hidden text which incorporate Alice Foundation’s name or any of its intellectual property including trademarks without Alice Foundation’s prior written approval.
Posting Policy
This "Posting Policy" applies to any comments you post or any statements you make in any manner in connection with MNAs, in particular on MNA and/or any Applications (which includes for the avoidance of doubt any associated forums, chat rooms and/or other messaging services) or any messages you send to other users of MNA Tokens (including as part of the MNA gameplay) in any way, whether facilitated or otherwise allowable. Posts may not, without the prior written approval by Alice Foundation:
represent any views or opinions other than your genuine opinion of the matter in question; nor
contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Alice Foundation at its sole discretion, or otherwise breach or infringe on any third-party rights (in particular, without limitation, third-party intellectual property rights) and/or applicable laws or court orders;
advertise or promote any person or entity or their goods or services; or
breach any of any representations/restrictions.
Alice Foundation reserves the right, without notice, explanation, or liability, to:-
restrict or remove your ability to make posts;
disallow the posting of any specific posts;
edit any specific posts; and/or
fully remove any posts from MNA, any Applications or anywhere else where they appear or are
stored.
Support Updates Alterations Discontinuation
Alice Foundation may, but has no obligation to, offer and subsequently amend, alter, suspend or discontinue support services with regard to MNA and Applications on such terms as Alice Foundation may determine within its sole discretion. At all times, Alice Foundation retains the right to use and/or dispose of MNA and Applications, at Alice Foundation’s sole discretion, as Alice Foundation deems appropriate, including without
limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of MNA and/or Applications. In particular, without limitation, Alice Foundation has the right, but no obligation, to maintain, modify and/or update MNA and Applications within its sole discretion. Alice Foundation may, but has no obligation to, provide technical support in respect of MNA and Applications. You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions, or discontinuations may affect (also including by limiting or terminating) the functionality of MNA and Applications.
Alice Foundation does not undertake to keep any MNA Tokens, or MNA and Applications updated. To the greatest extent permitted by law Alice Foundation does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the MNA Tokens, MNA or Applications or in relation to any posts, including without limitation where such loss or damage is a result of or contributed to by the negligence of Alice Foundation.
Breach And Remedies
You understand and agree that observance of your obligations hereunder is of significant importance to Alice Foundation and that, if you breach these Terms, Alice Foundation would incur serious losses and other detrimental consequences which might not easily be cured. If you breach any provision of, or undertaking, under these Terms, Alice Foundation shall have the right to seek specific performance in respect of your obligations under these Terms including but not limited to the right to request that you cease and/or desist from committing any breach of such obligations, whether or not this forces you to abandon any commercial activity or not to pursue any opportunities at that time (cease and desist injunction). Alice Foundation has the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure an effective enforcement of your obligations under this Agreement. In such event, you fully waive any right you may have under applicable laws to request the provision of securities by Alice Foundation.
Third Party Rights
Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts/Rights of Third Parties to enforce any term of this agreement. The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.
Entire Agreement; Waiver; Severability
These Terms, together with the Privacy Policy, Code of Conduct and Alice Marketplace Terms which are incorporated herein by reference, constitute the entire agreement between you and Alice Foundation. The failure of Alice Foundation to exercise or enforce any right or provision of these Terms shall not constitute a
waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Amendments
Alice Foundation reserves the right to amend these Terms from time to time upon placing any such amendments on the MNA Tokens, or MNA and Applications or by providing you direct notice of any such changes. Your continued use of any of the MNA Tokens, or MNA and Applications thereafter will be deemed as acceptance by you of any such changes to these Terms.
Assignment
Alice Foundation will at a later date, and is hereby permitted, to assign all of Alice Foundation’s rights and obligations under these Terms to a future affiliated entity in any jurisdiction. These Terms shall be binding upon and inure to the benefit of the permitted assignee of Alice Foundation.
Loss Of Data
In the event that any information or data relating to you or your use of any of MNA Tokens, or MNA and Applications held by Alice Foundation or any third-party on behalf of or in coordination with Alice Foundation is lost, corrupted or otherwise no longer reasonably available or accessible as determined by Alice Foundation in its sole discretion, you agree that to the greatest extent permissible at law Alice Foundation will have no liability to you of any nature relating to any such information or data.
Applicable Law And Jurisdiction
To the maximum extent allowed under applicable laws, these Terms are governed by the substantive laws of Singapore, to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.
Disputes
Any dispute, controversy or claim arising out of, or in connection with, these Terms, or the existence, breach, termination, or invalidity thereof, or any non-contractual obligations arising out of or in connection with these Terms, shall be finally settled by arbitration in accordance with the SIAC Arbitration rules 2019 the at the Singapore International Arbitration Centre (SIAC) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be in English.
All arbitral proceedings all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third-party without the prior written consent of the party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing parties.
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