Terms of Service - Full Text

These Terms of Service and any terms expressly incorporated herein ("Terms") apply to any access to, or use of, any services made available by Million on Mars Inc. ("Million on Mars") using the website www.milliononmars.com (the "Site" or "Sites") or our mobile applications, and to any other related services provided by Million on Mars (collectively, the "Services"). By clicking on an "I Agree" button or check box presented with these Terms or, if earlier, by accessing or using any Services, you agree to be bound by these Terms.

RISK DISCLOSURE: BY ACCESSING OR USING ANY MILLION ON MARS SERVICES YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY FINANCIAL TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THESE SERVICES AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH THE BLOCKCHAIN TECHNOLOGY), AND HACKING.
MILLION ON MARS WORKS HARD TO PROVIDE STATE-OF-THE-ART SYSTEMS AND SECURITY. NONETHELESS, CERTAIN ISSUES AND RISKS ARE UNAVOIDABLE, AND IF SUCH ISSUES OR PROBLEMS ARISE IN CONNECTION WITH YOUR USE OF MILLION ON MARS' SERVICES, INCLUDING TECHNICAL DIFFICULTIES WITH PURCHASING OR TRADING CRYPTOCURRENCIES OR NFTs, IT MAY TAKE DAYS, WEEKS, OR MONTHS TO RESOLVE, AND SOME ISSUES MAY NOT BE RESOLVED AT ALL.
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT MILLION ON MARS IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO ENGAGE IN TRANSACTIONS ON THE MILLION ON MARS PLATFORM.

THIS AGREEMENT CONTAINS A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY.

1. MODIFICATION OF TERMS

Million on Mars may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the "Last Updated" date at the top of these Terms. By clicking on an "I Agree" button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms.
If you do not agree to any modification to these Terms, you must stop using the Services. Million on Mars encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact our Support Team by filing a support request at support@milliononmars.com.

2. ELIGIBILITY

2.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you:

(a) are of legal age to form a binding contract (at least 18 years old in the U.S.);
(b) have not previously been suspended or removed from using our Services;
(c) are not identified as a "Specially Designated National" by the Office of Foreign Assets Control or otherwise subject to U.S. blocking sanctions;
(d) are not owned or controlled by a person or entity subject to U.S. blocking sanctions;
(e) are not placed on the U.S. Commerce Department's Denied Persons List; and
(f) have full power and authority to agree to these Terms.

2.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law.
You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Million on Mars has determined, at its discretion, to prohibit use of the Services.
Million on Mars may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this Section 2.2. You will comply with this Section 2.2, even if Million on Mars's methods to prevent use of the Services are not effective or can be bypassed.

2.3. For your own use only
You will use the Services and your Million on Mars Account (as defined below) only for your own account and not on behalf of, or for the account of, any third party.

3. LICENSE

3.1 Rights
Unless otherwise stated in this Agreement, Million on Mars is the owner or licensee of all rights including all copyrights, trademarks and other intellectual property rights relating to or included within the Services ("Rights").
For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all Rights in respect of all graphics, logos, text elements, images and all other elements included in and deriving from the gameplay and virtual world featured in Million on Mars, including without limitation in-game names, characters, locations and any virtual assets or items ("Virtual Items") and their associated benefits or properties acquired or provided for use within Million on Mars.

Grant of License
Million on Mars is licensed, not sold, to you with the scope set out below.

3.2 Scope
The license is worldwide, non-commercial, non-exclusive, non-transferable, non-sublicensable and subject to the boundaries of the Permitted Use ("Scope"). The terms of this Agreement, including, without limitation, the Scope, will apply to Million on Mars and its use, including upgrades, unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement.

3.3 Permitted Use
Your use of Million on Mars and any results generated through and/or in connection with Million on Mars must adhere to the Scope and rules set forth in this Section ("Permitted Use"):

3.4 Observation of applicable laws, gambling regulations
You may use Million on Mars only as and to the extent permitted by applicable laws, in particular, only to the extent you fully comply with any applicable financial market regulations and similar provisions in using Million on Mars.
You may not use Million on Mars in any jurisdiction in which its distribution, marketing, licensing or use would require a gambling license, registration or similar accreditation under applicable laws.

3.5 Age restrictions
You must not use Million on Mars, the Website, Materials and Services if you are under 18 years of age.

Commercial use, streaming, video sharing
The license is for personal and non-commercial use, it does not comprise the right to commercialize Million on Mars or elements thereof. You may not perform in-game services during your use of Million on Mars, the Website, Materials or Services for any form of compensation outside of Million on Mars.
Notwithstanding the above, you have the right to capture and stream or otherwise distribute on live streaming platforms and/or video sharing platforms, subject to your adherence, at all times, with the terms and conditions of - and the additional obligations imposed by - such platforms, video content of your personal gameplay, provided that such video content shall (a) be compliant with the Posting and Image Policies, (b) be accessible to the general public free of charge and (c) shall contain a disclaimer whereas any views and opinions expressed in such video content are exclusively your own and do not represent views or opinions of Million on Mars or any other person or entity associated with Million on Mars.
Million on Mars reserves the right to revoke such right with regard to existing or potential future content, if it deems any such video content, within its sole discretion, to be, or to potentially be, inappropriate or otherwise detrimental to the operation or commercialization of Million on Mars.

No modifications, tampering or circumvention
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of Million on Mars, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of Million on Mars, its user interface and/or its operating principles. No reverse engineering: You may not Reverse Engineer Million on Mars or otherwise attempt in any way to derive or otherwise determine the source code for the operation of Million on Mars.

No copies, no derivative works
You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of Million on Mars, the Website, Materials or Services other than in accordance with the License.

No use of bots
You may not utilise any automated software or "bots" in relation to your access or use of Million on Mars, the Website, Materials or Services. No server overload: You may not knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the "Servers") to become overloaded or crash.

4. VIRTUAL ITEMS, NFTs

4.1 General rule
Subject to the following specific rules for Virtual Items issued as NFTs, you will have no ownership rights in any Virtual Items in Million on Mars. Such Virtual Items may be modified, replaced, altered or removed by Million on Mars at any time under Section 8 "Support, Updates, Alterations, Discontinuation" of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay.

4.2 Dusk
Million on Mars may from time to time offer "Dusk" or other similar virtual currency for purchase or as an award for certain achievements within Million on Mars' gameplay in accordance with the procedures and further terms specified within Million on Mars's sole discretion.
Units of Dusk may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens and may be used to pay for certain other Virtual Items, advantages and services within or in connection with Million on Mars, as may be offered from time to time. Dusk may be purchased within the Services using a credit card (or other payment means accepted by us, such as a debit card, prepaid payment card, or a promotional code or gift card) or other cryptocurrency.
All sales of Dusk are final and non-refundable to the extent permissible under applicable laws. Dusk does not constitute personal property, has no cash value, and has no value outside of Million on Mars and/or the Services. Other than within the gameplay of Million on Mars, Dusk may not be transferred or sold to any other person.

4.3 NFTs
Notwithstanding the above, Million on Mars' gameplay allows its users to own certain specific virtual assets, as Million on Mars may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens, as well as the underlying smart contracts ("NFTs"). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within Million on Mars' gameplay.

Risks related to the nature of the NFTs
NFTs are subject to certain inherent risks, in particular because NFTs may be based or enabled by the Atomic Assets Smart Contract on the WAX Blockchain. These risks include:

i) There may not be a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid and you may not be able to effectively resell NFTs you have acquired.
ii) NFTs may not have a use other than within Million on Mars, if at all.
iii) The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. You might lose money.
iv) The WAX platform may subject your ability to purchase, hold, manage, use, sell, and/or otherwise alienate NFTs to costs, fees, deductions or expenses.
v) The WAX platform may not function properly and may be subject to hacking, malicious software, interruptions and failures.
vi) Atomic Assets accounts may not function properly and may be subject to hacking, malicious software, interruptions and failures.
vii) Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the WAX platform.
viii) Other changes to the WAX platform could impact and/or impede on your ability to purchase, hold, manage, use, or sell NFTs.

4.4 Withdrawal right
In the event of a Ban resulting in the termination of this Agreement or if this Agreement is otherwise terminated following a breach by the End User, Million on Mars shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to Million on Mars or such third party as Million on Mars may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual units of Dusk from the End User.

4.5 Loss of access
If Million on Mars's withdrawal right is not exercised in connection with a Termination of this agreement, the End User shall retain ownership of their NFTs and their units of Dusk. The End User acknowledges and accepts that they may not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs and/or units of Dusk following a termination of this Agreement.

5. COMPLIANCE

You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, 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 Million on Mars to engage into any such activities and that Million on Mars makes no representation in respect of, or otherwise in connection with, the suitability of Million on Mars and/or any output generated by using Million on Mars, to engage into any regulated activity.
Million on Mars 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.

6. POSTING POLICY

This Posting Policy applies to any comments you post or any statements you make in any manner in connection with Million on Mars, in particular on the Website (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 the Materials and Services ("Posts").
Posts may neither, without the prior written approval of Million on Mars:

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; nor
advertise or promote any person or entity or their goods or services; nor
breach any of the representations below.

You herewith grant Million on Mars a perpetual, non-revocable, worldwide and royalty-free license to make use of any Posts as Million on Mars deems appropriate in relation to Million on Mars and/or any of the Website, Materials and Services or the promotion of the same.

Million on Mars 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.

7. IMAGE POLICY

This Image Policy applies to any images you make available in any manner in relation to any of the Website, Materials and Services ("Images").
All rights of whatever nature in any Images must belong to you or you must have the right to make the images available. Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images are not permitted.

8. SUPPORT, UPDATES, ALTERATIONS, DISCONTINUATION

Million on Mars may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to Million on Mars on such terms as Million on Mars may determine within its sole discretion.
At all times, Million on Mars retains the right to use and/or dispose of the Rights as Million on Mars, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the Website, Materials and Services.

9. USE OF DATA

9.1 Use of Data by Million on Mars
You agree that Million on Mars may collect and use technical data and related information - including but not limited to technical information about your devices, systems and application software, and peripherals - that is gathered periodically to facilitate the provision of updates, support, and other services to you related to Million on Mars. Million on Mars may use this information in a form which does not identify individuals.

9.2 Publicity of Data
You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the WAX Blockchain.

9.3 Privacy Policy
Unless specified otherwise herein, all use of data shall be subject to Million on Mars' privacy policy, as amended from time to time. The Privacy Policy is available at https://milliononmars.com/privacy

10. LOSS OF DATA

In the event that any information or data relating to you or your use of any of Million on Mars, the Website, Materials and Services held by Million on Mars or any third-party is lost, corrupted or otherwise no longer reasonably available, you agree that to the greatest extent permissible at law Million on Mars will have no liability to you of any nature relating to any such information or data.

11. NO REPRESENTATIONS AND WARRANTIES

Million on Mars does not make any representation or give any warranty in respect to any characteristics of Million on Mars. All warranties are expressly excluded to the maximal extent permitted under applicable laws.

Million on Mars runs uninterrupted and error-free;
the use of Million on Mars is fit for any particular purpose and does not infringe upon any third party's intellectual property rights;
any information contained in Million on Mars and/or any of the Website, Materials or Services is accurate, adequate, complete or error free.

You use Million on Mars at your sole risk. Million on Mars is provided to you on an "as is"-basis, with all faults and without express or implied warranty of any kind.

12. ACCOUNT

12.1 Account Registration, Username
To acquire or make full use of Million on Mars and any of the Website, Materials and Services you will need to register for a Million on Mars user account ("User Account"). By registering for a User Account, you warrant that all information and personal details you provide to Million on Mars are correct.
You acknowledge that you are aware that the Game can have an 18 years+ classification in certain jurisdictions and warrant that you are over 18 years of age. You may not transfer your registration or any rights you may have in your User Account to any other person or entity.

12.2. Passwords, Access
You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow a third-party access to your User Account without first obtaining Million on Mars's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login.

12.3. Responsibility for Account Activities
You will be bound by, and hereby authorize Million on Mars to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Million on Mars Account regardless of whether the access is authorized or unauthorized.

12.4. Number of Million on Mars Accounts
You (a human being) will only use one in-game account to play Land Rush, earn tokens and other assets. Each player account is expected to be associated with only one IP address.

13. RISK DISCLOSURES; ASSUMPTION OF RISKS; RELEASE

Trading cryptocurrency, cryptographic tokens, NFTs, and other digital rights or assets ("Tokens"), and use of other Services provided by Million on Mars, involves significant risks and potential for financial losses. The risks described herein may result in loss of Tokens, decrease in or loss of all value for Tokens, inability to access or transfer Tokens, and other financial losses to you. You hereby assume, and agree that Million on Mars will have no responsibility or liability for such risks.
You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Million on Mars, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.

15. INDEMNIFICATION

You will indemnify, hold harmless and, upon written request of Million on Mars, defend Million on Mars, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, penalty, loss, cost or expense arising directly or indirectly out of or in connection with:

(a) access or use of any Services by you;
(b) any Feedback or User Content provided by you;
(c) breach of any provision of these Terms by you; or
(d) violation of any applicable law or the rights of any other person or entity by you.

16. DISCLAIMER OF DAMAGES

IN NO EVENT WILL MILLION ON MARS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MILLION ON MARS, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EVEN IF MILLION ON MARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. LIMITATION OF LIABILITY

IN NO EVENT WILL THE LIABILITY OF MILLION ON MARS ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MILLION ON MARS EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO MILLION ON MARS UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

18. DISPUTE RESOLUTION; WAIVER OF CLASS ACTION; MANDATORY ARBITRATION

Please read the following section carefully because it waives any right to participate in any class action or other representative action or proceeding. This section also requires you to arbitrate certain disputes and limits the manner in which you can seek relief.

18.1 No Class Actions.
Any claim, controversy or dispute arising out of or related to this Agreement, your Million on Mars Account or any products or services provided in connection with your Million on Mars Account (each, a "Dispute") is personal and will be resolved solely through individual action. No Dispute will be brought as, or subsequently joined with or converted into, a class action, class arbitration, or any other type of representative proceeding.

18.2 Arbitration of Disputes.
With only limited exceptions, all Disputes between you and Million on Mars must be resolved by binding arbitration and not in a court of general jurisdiction. By agreeing to binding arbitration both you and Million on Mars waive any and all right to a jury trial or to participate in a class action.

(a) Notice of Dispute. For any Dispute that you have against Million on Mars, you agree to first contact Million on Mars and attempt to resolve the claim informally by sending a written notice to support@milliononmars.com.
(b) Arbitration will be administered in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules.
(c) The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute.
(d) All in-person arbitration hearings will be held in Austin, Texas.
(e) The arbitrator, Million on Mars and you will maintain the confidentiality of any arbitration proceedings.
(f) The party that initiates arbitration will pay any administrator filing fee and both parties will share equally any other fees or costs.

18.3 Excepted Claims.
You and Million on Mars may bring (a) an individual small claims action or (b) an action seeking only a temporary restraining order or injunction for alleged breach of confidentiality obligations or for alleged infringement or misappropriation of intellectual property in any court having jurisdiction.

18.4 Time Bar.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred.

19. GOVERNING LAW

The interpretation and enforcement of these Terms will be governed by and construed and enforced in accordance with the laws of State of Texas, without regard to conflict of law rules or principles. The federal and state courts located in Travis County, Texas will have exclusive jurisdiction. You waive any objection to venue in any such courts.

20. OTHER TERMS

20.1. Copyright Violations
Million on Mars has a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others.
Designated Agent: Copyright Manager
Address: 3267 Bee Caves Rd, Ste 107-262, Austin, TX 78746
Telephone Number: (512) 668-9981
Email: legal@milliononmars.com

20.2. Remedies
If you violate any of these Terms, Million on Mars may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your account, or confiscate Tokens owned by you without any prior notice to you.

20.3. Million on Mars Affiliates and Contractors
An "Affiliate" is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity.

20.4. Nonwaiver
Million on Mars's failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

20.5. Severability
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

20.6. Force Majeure
Million on Mars will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Million on Mars, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

20.7. Assignment
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us. Million on Mars may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

20.8. Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.

20.9. Entire Agreement; Order of Precedence
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with Million on Mars, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.