Welcome to XPLA GAMES Wallet!
These Terms of Service (the "Terms") are a legally binding agreement between you ("user", "users", "you", or "your") and MetaMagnet Limited (the "Company", “we” or “us”), governing your access to and use of our services of XPLA GAMES Wallet, a decentralized digital asset wallet (the “Wallet”), by and through connecting your HIVE account with its game data and player ID to the Wallet (the “Services”). Our Service is not available for those who do not have a HIVE account.
THIS IS A LEGALLY BINDING CONTRACT. BY ACCESSING OR USING THE SERVICES OR BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ THESE TERMS, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONTRACT AND ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES. YOU DO NOT HAVE TO ENTER INTO THESE TERMS, BUT IF YOU DO NOT, YOU WILL NOT BE PERMITTED TO, AND YOU MAY NOT, USE THE SERVICES.
THE TERMS CONTAIN AN ARBITRATION PROVISION IN SECTION 12. YOU AGREE AND UNDERSTAND THAT IF WE CANNOT RESOLVE A DISPUTE THROUGH OUR OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
We may amend the Terms at any time at our discretion, and we may post a notice on our webpage or when you use the Services. By continuing to use the Services, you will be deemed to have acknowledged and accepted any new or amended Terms. You are responsible for reviewing the Terms for any amendments.
We do not voluntarily or intentionally provide the Services to those who reside or are located in any jurisdiction or country where our Services may be found in violation of the law or regulation, or are subject to any registration requirements. Anyone who uses the Services in violation of any applicable laws, does so at their own risk, and is solely liable for their actions. You also must be at least 19 years old to use the Services.
As used in these Terms, the following terms shall have the following meanings:
1.1 “XPLA GAMES” means XPLA Blockchain Gaming Platform operated and serviced by the Company, designed to allow users and game service providers to experience new gaming opportunities with a user-driven ecosystem based on WEB 3.0.
1.2 "Game Service Provider" means a game provider who provides game services to users on XPLA GAMES.
1.3 “Game” means a game serviced by a Game Service Provider on XPLA GAMES.
1.4 “Player ID” means a unique identifier that allows a Game Service Provider to locate your game data. You will be allowed to use and access the Services by providing your Player ID to the Wallet.
1.5 "XPLA" means XPLA token, in the form of a governance token, that can be used on Wallet for the general purposes of the Services.
1.6 "CTXT" means CTXT token, in the form of a utility token, that can be used on XPLA GAMES for the general purposes of the Services.
1.7 "Game Token" means a digital token, in the form of a utility token, that is associated with a certain Game. A Game Token can be used for the Services on the Wallet.
1.8 “In-game Assets” mean in-game assets acquirable by users in a Game by game play, game rewards, etc., which specifically can be used for particular purposes on the Wallet including converting.
1.9 “In-game Items” mean in-game items acquirable by users in a Game by game play, game rewards, etc., which specifically can be used for Minting or other particular purposes on the Wallet.
1.10 “Converting Service” means a third party service that allows users to convert In-game Assets into XPLA and/or CTXT and/or Game tokens that were supplied by various game providers, or vice-versa, on the Services, which will incur a certain transaction fee per conversion.
1.11 “Minting Service” means a service provided by the Company on the Wallet that allows users to convert In-game Items into an NFT associated with a certain Game to use in that Game, which will incur a certain transaction fee per conversion.
1.12 “Swapping Service” means a third party service that allows users to convert XPLA and/or CTXT into other tokens that were supplied by various game providers, or vice-versa, through the Services, which will incur a certain transaction fee per conversion.
1.13 "Smart Contract" means the computer code executed in response to transactions published on XPLA GAMES that generates a consistent and verifiable result, which is not modifiable or controllable by the Company. Your transaction of converting, swapping, etc. on XPLA GAMES will be executed through a Smart Contract and the Company shall not be responsible for any results or loss incurred by you from such transactions executed through Smart Contracts.
1.14 "Device" means any electronic device (mobile phone, personal computer, etc.) that a user uses to access the Wallet to use the Services.
2.1 With the Wallet installed on your Device, you may connect your HIVE account of any applicable Game to the Wallet by using the HIVE login function on the Wallet and providing your Player ID to the Company, for the purpose of your using the Services. Upon the successful connection, you may access the Services, to view your data (including In-game Assets, In-game Items, etc.) related to a Game you have connected to the Wallet, and to use the Converting Service, Minting Service and/or Swapping Service on the Wallet subject to a certain transaction fee.
2.2 Our Privacy Policy explains the policies put in place and used by us to protect your personal data as you use the Services.
2.3 You can only connect one Player ID to each game of XPLA GAMES ecosystem, which is not modifiable in any case.
2.4 Your use of the Services may be limited or restricted in connection with a Game that is being under maintenance.
3.1 On the Wallet, you can convert In-game Assets into XPLA and/or CTXT and/or Game tokens that were supplied by various game providers,, or vice versa. You acknowledge and agree that the conversion rate at the time of execution may be different from the conversion rate notified prior to the execution as the conversion rate continuously fluctuates because the total amount of convertible In-game Assets or XPLA and/or CTXT and/or other tokens that were supplied by various game providers changes in real time due to other users’ converting transactions made on the Wallet in real time, and further agree to indemnify the Company from and in connection with any result of such.
3.2 You acknowledge and agree that your use of the Converting Service on the Wallet will be subject to the terms and conditions, including the conversion rate, for your conversion, the details of which may be applied differently for each type of In-game Assets or XPLA or CTXT or Game Tokens depending on the functions and features associated with such In-game Assets or Game Tokens on XPLA GAMES.
4.1 On the Wallet, you can convert In-game Items into an NFT associated with a certain Game. For your use of such Minting Service, you will or may have to pay the Company a certain transaction fee with your XPLA and/or CTXT and/or Game tokens that were supplied by various game providers.
4.2 Your use of the Minting Service or making minting transactions on the Wallet may be limited or restricted in connection with any In-game Item that is being used in the Game. You must release such In-game Items from being used in the Game, in order to have them available for minting on the Wallet.
4.3 You acknowledge and agree that your use of the Minting Service on the Wallet will be subject to the terms and conditions, including the transaction fee, for your minting, the details of which may be applied differently for each type of In-game Items or each Game depending on the functions and features associated with such In-game Items or the Game on XPLA GAMES.
5.1 You may use the Swapping Service on the Wallet subject to a certain transaction fee.
5.2 You acknowledge and agree that the conversion rate at the time of execution may be different from the conversion rate notified prior to the execution as the conversion rate continuously fluctuates because the total amount of convertible XPLA and/or CTXT and/or other tokens that were supplied by various game providers changes in real time due to other users’ swapping transactions made on the Wallet in real time, and further agree to indemnify the Company from and in connection with any result of such.
6.1 Users must not, directly or indirectly:
6.2 You are solely responsible for keeping your wallet(s) and Device secure and you should never share your wallet(s) credentials or seed phrases with anyone. You are solely responsible for your account or Device and any associated wallet and we are not liable for any acts or omissions by you in connection with your Device or as a result of your Device, account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Wallet, Service, or your account.
You represent and warrant to us that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
8.1 The Company shall comply with the applicable laws and regulation, and these Terms.
8.2 We are committed to your privacy, and our Privacy Policy, the terms of which are incorporated into these Terms, explains the policies put in place and used by us to protect your privacy as you use the Services. We do not share your personal data with any third party unless otherwise set forth in these Terms or the Privacy Policy.
8.3 In the event of equipment failure or loss of data during the service improvement activities for constant and stable service, the Company shall strive to repair or restore the situation without delay unless there are unavoidable factors such as natural disasters, emergency situations or technical difficulties that are difficult or impossible to resolve.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WALLET, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, (III) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICE WILL BE SECURE.
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 THE WALLET OR AN ELECTRONIC WALLET, 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, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, OR AN ELECTRONIC WALLET.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., THE WALLET, SMART CONTRACT), BLOCKCHAINS OR OTHER FEATURES OF ANY TOKENS OR ANY OTHER SERVICES PROVIDED BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING XPLA GAMES, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
10.1 You accept and acknowledge each of the following:
10.2 You acknowledge and agree that the Company is not responsible for your risk of loss or loss due to the volatility of digital assets in their price or any other special features of those digital assets.
11.1 You may terminate these Terms at any time by deleting or uninstalling the Wallet from your Device. Please be aware that you must transfer to another wallet of yours any or all of the digital assets or NFTs stored in your wallet on the Wallet before deleting the Wallet from your Device as you may not be able to access them thereafter.
11.2 We may terminate these Terms and/or suspend your access to the Service in each of the following events, without prior notice, and we will not be liable to you or to any third party for any such suspension or termination:
11.3 In the event of the termination of these Terms with you, we may delete all your information unless the retention of such information is required by the law or the Privacy Policy.
12.1 These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands without giving effect to any conflict of laws principles to the contrary.
12.2 Any dispute, controversy or claim arising under this Agreement shall be submitted to the Singapore International Arbitration Centre ("SIAC") for arbitration which shall be conducted in accordance with Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") 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 one arbitrator. The language of the arbitration shall be English.
13.1 Entire Agreement. These Terms constitute the entire legal agreement between you and the Company relating to your use of the Service, and supersede all prior understandings of the parties hereto.
13.2 Severability. If any portion of these Terms is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of these Terms remain in full force and effect.
13.3. No Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.