[ Last Updated: May 11, 2023 ]

1. INTRODUCTION

1. These Terms of Use and all additional policies, terms and conditions posted on our MysteriesLand website [ https://mysteriesland.com/ ] set out the terms on which we provide access to and use of our Services.
2. Please read our Privacy Policy [ https://mysteriesland.com/privacy-policy ] to find out how we collect, use and share your personal information.
3. By using our Services, including downloading, accessing and using MysteriesLand, APP and subdomains, you agree to these Terms of Use.
4. You are not permitted to use our Services if you do not agree to these Terms of Use.
5. You may not access and use the Services on behalf of another natural or corporate person [ eg, a company ].
6. We may change these Terms of Use at any time. We will post the most recent version of the Terms of Use on our MysteriesLand website [ https://mysteriesland.com/ ].
7. You are responsible for ensuring that you are familiar with the most recent Terms of Use. If you continue to use our Services after the changes are made, you will be deemed to have accepted the changes. If you do not accept any changes, you must stop using our Services immediately and uninstall and delete the Application and any [ APP ] tools or applications.
8. To the extent permitted by applicable law, any dispute between you and us is subject to a class action waiver and must be resolved under the laws of Brazil. We may change, suspend or discontinue access to MysteriesLand or the Services without notice or liability. Note that:
a. In order to use certain Services and features of MysteriesLand [ including withdrawals and the buying and selling of collectibles ], you must have a digital wallet from a third party service [ ‘wallet’ ]. Otherwise, you may be blocked from accessing some or all of the Services;
b. You may only use the Services if you live in an eligible country and meet all other requirements of these Terms of Use;
c. MysteriesLand is a digital platform of collectible tokens of fun and exciting literary stories available to those who love entertainment. Accordingly, the collectibles and competitor rewards available on the MysteriesLand app are not financial products and are not offered for investment purposes; It is
d. The price of collectible tokens can be volatile and subjective, and we cannot guarantee that any collectible items purchased will retain any value, which may depend on a number of inherently subjective factors beyond our control, including demand for a particular collectible.

2. DEFINITIONS

9. In these Terms of Use:
Account: means your account registered/connected to use the Services and includes your challenges, rewards, your communications, your transactions and any collectibles you purchase.
Wallet: means the web3 digital wallet provided by third parties to interact with tokens and services on the blockchain network and used to access and use MysteriesLand services.
Collectibles: means licensed digital tokens [ collectibles, books, comics, related items or digital and eventually physical tokens ] that embody digital property and are minted as a token on a blockchain network, available for purchase, sale and trading through platforms and advertisements in the market.
Content: means all content included in or made available by our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, scripts, graphics, photos, sounds, music, videos , audio-visual combinations, communications, interactive features, augmented reality, virtual reality, authored works of any kind, and information or other materials generated, provided, or otherwise made available through our Services, excluding User Content.
Device: means a computer, mobile device, tablet or augmented reality device.
Digital Property: means digital images, stickers, pictures, books, prints, collectibles based on or derived from the Intellectual Property Rights of MysteriesLand or a MysteriesLand Licensor.
Feed: means the feed section of the Licensed and Used Application where users can interact with each other by posting messages and sharing images.
Fees: means the fees paid by you in connection with the MysteriesLand application, including the royalty fee on token trades.
Force Majeure: means an event that is beyond the reasonable control of a party, excluding an event to the extent that it could reasonably have been avoided by a party taking reasonable steps or reasonable care or lack of funds for any reason.
Intellectual Property Rights: includes copyright and all rights anywhere in the world conferred by statute, common law or equity relating to inventions [ including patents ], registered and unregistered trademarks and registered designs, circuit layouts, data and databases data, confidential information, know-how and all other rights resulting from intellectual activity.
Intellectual Property: has a consistent meaning and includes any improvement, modification or work derived from intellectual activity for the creation of objects, systems, processes or innovation.
Listing: means a listing whereby you offer to sell or trade a collectible in the marketplace.
Loss: includes loss of profits, savings, revenue or data and any other claim, damage, loss, liability and cost, including legal costs based on an attorney and own client.
Market: means the secondary market function that allows users to buy and sell collectibles with each other.
Token or Non-Fungible Token: means a unique digital certificate associated with a Collectable to identify the Collectable, which is stored and transferred to the blockchain network. Each Token associated with a Collectible contains a unique mint number.
Objectionable: includes any content that is objectionable, defamatory, obscene, offensive, harassing, threatening, unlawful, spam, inaccurate, misleading, harmful, defamatory, discriminatory, sexual, pornographic or similar in any way.
Personal Information: means information about an identifiable living person and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.
Price: means the purchase price payable for a collectible advertised through a marketplace listing or MysteriesLand store.
Sales Tax: means sales tax, goods and services tax, value added tax or equivalent tax payable under any applicable law.
Services: means the provision of our MysteriesLand application, website, software, tools, infrastructure and other services provided by us from time to time.
Software: means software owned by MysteriesLand [ and/or its licensors ] that is used to provide MysteriesLand.
Store: means the MysteriesLand application environment through which users can purchase collectibles directly from MysteriesLand.
User: means an individual who accesses or uses the Site, APP or MysteriesLand services.
User Content: means the content, data and information [ including personal information ] that a User enters, uploads, publishes or displays in the Application.
APP: means MysteriesLand’s desktop, mobile or website application [ as applicable ] where Users can purchase, collect or view MysteriesLand’s own and MysteriesLand’s collectibles, information, messages, data and content.
Licensor: means a person or entity that licenses certain intellectual property rights to us in the digital property embodied in the Collectibles.
Site: means https://mysteriesland.com/.
You: refers to you, as an individual, who accesses or uses the MysteriesLand Site, APP or services.

3. ELECTRONIC COMMUNICATIONS

10. When you use our Services or send emails, text messages and other communications from your Device to us or other Users, you may be communicating with us electronically.
11. To the fullest extent permitted by applicable law, you agree to receive communications from us electronically [ such as emails, SMS, mobile push notices or notices and messages on our websites or through our Services ] and agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that those communications be in writing.

4. THE SOFTWARE

12. MysteriesLand allows access to the MysteriesLand digital environment, APP, Books, Feed, Store and Collectibles Market.
13. At MysteriesLand you may [ if applicable ] store, display, buy, sell or transfer collectibles and communicate with other users of our services.
14. You agree to use MysteriesLand for personal consumption and/or entertainment purposes only and you will not use or rely on the Services for any other reason.
15. Our provision of the Services to you is non-exclusive. Nothing in these Terms of Use prevents us from providing the Services to anyone else.
16. Subject to the remainder of these Terms of Use, we will use reasonable efforts to ensure that MysteriesLand is available 24 hours a day, 7 days a week. However, it is possible that, from time to time, the MysteriesLand application is unavailable to allow for maintenance or other development activities, or due to force majeure.

5. USER ACCOUNT

17. In order to use our Services, you will need to register or connect with your Wallet in the MysteriesLand application.
18. You agree that your chosen username will in no way be Objectionable.
19. We may refuse to make MysteriesLand or the Services available without notice and for any reason, including based on your selected username, social media profiles and whether we deem it to be Objectionable in our sole discretion.
20. You agree to provide accurate, complete and truthful information whenever necessary [ including when setting up an account ] and to promptly update such information as necessary to keep it true, current and complete.
21. You are responsible for maintaining the security of your account and agree to accept responsibility for all activities that occur under your account. You must not share your login information or other security-related information with anyone else or allow anyone else access to your account or your Wallet private key.
22. You warrant that all activity on your account is your own. You agree that you are solely responsible for any activity on the MysteriesLand application arising from any failure to keep your login information or other security-related information confidential and may be liable for any losses arising from such failure. You agree that we cannot and will not be liable for any loss or damage arising therefrom.
23. You understand that anyone accessing your account via password or private key will be able to transact using your collectibles and we are under no obligation to check or take steps to verify any instructions you give or appear to be sent by you. You can register and operate an account. In addition to this account, you must not register or operate any other accounts, including different identities, personas, or aliases [ whether false or not ].
24. Your account will be considered inactive if it remains inactive for a continuous period of 12 months. In the event that your account becomes inactive, MysteriesLand will send you at least two notification emails that your account is inactive. If you do not respond or resume activity on your account within 3 months of the date we first notify you of the inactivity, your account will be terminated.
25. In order to use some or all of our Services [ as determined by us from time to time ], you must complete our identification [ KYC ] verification process. As part of this process, you will be required to provide information which may include, without limitation, country of residence, residential address, government-issued identification, selfie, date of birth and/or source of funds/wealth. We may also, at our discretion, require you to subsequently verify your identity or provide more information about KYC in order to continue using the Services. If you are unable to provide and/or we are unable to verify any of the requested information, you may be prevented from accessing some or more of the Services.
26. In addition, if the information provided does not match the information provided at account registration, you may be blocked from accessing some or all of the Services [ based on evidence that more than one person operated the Account ]. We will not be liable for any loss or damage arising from your failure to comply with this clause.
27. You authorize us to make inquiries, directly or through third parties, that we deem necessary to verify your identity or protect you and/or us from fraud, money laundering, terrorist financing or other financial crimes, and take such action as we deem necessary based on the results of such investigations.

6. ACCESS TO OUR SERVICES

28. By using our Services, you acknowledge, agree, warrant and undertake to:
a. You are a human being.
b. You are not accessing and using our Services on behalf of another person or entity.
c. If you access and use our Services on behalf of another person or entity, you will immediately cease accessing and using our Services on behalf of that person or entity.
d. You have not violated or circumvented any applicable law, regulation, government or third party rights.
e. You will not trespass or attempt to gain access to any property or location where you do not have the right or permission to be. In addition, you will not engage in any activity that could result in injury, death, property damage, nuisance or liability of any kind.
f. You will not use our Services if you are not at least 18 years of age, unless you have our written approval, or you are temporarily or indefinitely suspended from using our Services.
g. You are responsible for complying with foreign and domestic trade regulations and laws.
h. You are not a person with whom transactions are prohibited by economic or trade sanctions or embargoes.
i. You are not designated on any list of prohibited or restricted parties, including, without limitation, lists maintained by the United Nations Security Council, the U.S., the Department of the Treasury’s National Specially Designated List or the List of Evaders of Foreign Sanctions or the US, Entity List of the Department of Commerce, the European Union or its Member States or other applicable governmental authority located in any country or jurisdiction: a) sanctioned or embargoed, including those in which the United States has embargoed goods, designated as “support terrorist” or applied any sanctions; or b) where ownership of non-fungible tokens is prohibited or where it would be illegal under applicable law for you to access or use the Services. If we identify your IP address or residence address as originating from any prohibited or restricted country or if we have reason to believe that you are listed on any governmental list of prohibited or restricted parties, you will be prohibited from using the Services or accessing MysteriesLand.
j. Regulations may require us to collect further information or documentation from you and you will fully comply with all our requests for further information or documentation from you, and all information and documentation will be fully true, accurate and reliable.
k. You will not use our Services for commercial use, for example, paid or unpaid business, advertising or marketing purposes.
l. You will not attempt to undermine the security or integrity of our Services, interfere with or attempt to harm our Services, transmit software viruses, worms, other harmful files or other malware.
m. You agree not to use our Services to transmit, distribute, publish or send any content that is unlawful, defamatory, obscene, offensive, threatening, abusive, invasive of another person’s privacy, harmful, vulgar, discriminatory or otherwise violates the third party rights.
n. You acknowledge and agree that all intellectual property rights in and to our Services belong to us or our licensors, and you acquire no ownership rights in them by using our Services.
o. You will not use our Services in any way that could impair, overburden, or adversely affect the availability or functionality of our Services.
P. You agree not to use our Services to engage in fraudulent activities such as phishing, identity fraud, wire fraud or any other similar activity.
q. You will not use our Services to send unsolicited messages or spam to other users.
r. You agree not to copy, reproduce, modify, translate, adapt, distribute, transmit, publish or create derivative works of materials contained on our Services without our prior written permission.
s. You acknowledge that the Services may contain links to third party websites, and we are not responsible for the availability or content of those websites. Access to and use of these sites are at your sole risk.
t. You agree to indemnify and hold us harmless from any liability, claim, demand, loss, damage or expense [ including reasonable attorneys’ fees ] arising out of or relating to your use of our Services or your breach of these terms of use.
u. We reserve the right to suspend, restrict or terminate your access to and use of the Services at any time, for any reason, without notice.
v. We may modify these terms of use at any time by posting the revised version on our Services. Your continued use of our Services after the changes are posted constitutes your acceptance of those changes.
w. These terms of use will be governed and interpreted in accordance with the laws of Brazil. Any dispute arising out of or relating to these terms of use will be submitted to the exclusive jurisdiction of the competent courts in the city of São Paulo, Brazil.
x. If any provision of these terms of use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
y. These terms of use constitute the entire agreement between you and us relating to your use of our Services and supersede all prior or contemporaneous agreements, written or oral, relating thereto.
z. Any waiver of any provision of these Terms of Use will not be deemed a further or continuing waiver of that provision or any other provision. Our failure to exercise or enforce any right or provision of these terms of use will not constitute a waiver of that right or provision. If you have any questions, concerns or complaints about these terms of use or our Services, please contact us through the support channels provided in our Services.
29. We may suspend or terminate your account or restrict your access to our Services, or all or some of your collectibles and/or Tokens [ as we determine, in our sole discretion, to be appropriate in the circumstances ] if:
a. you violate any clause of these Terms of Use, including, for the avoidance of doubt, the issues set forth in the items of this Clause 6;
b. a new law or regulation relating to Tokens is proposed or enacted that affects the Services or affects your rights and obligations under these Terms of Use and/or in relation to the termination or withdrawal of rights by MysteriesLand’s licensors, which affects the rights in regarding collectibles that were previously awarded; and
c. your conduct constitutes a violation of law or regulation.
30. We may also restrict your access to our services while we investigate any circumstances or conduct that we believe suggests that you may have violated any provision of these Terms of Use or are in violation of law or regulation.
31. If we restrict your access to our services, we may indefinitely limit your ability to view collectibles you already own. In that case, you will not be able to use the app, feed, marketplace, buy, sell, or transfer collectibles. We may also restrict your access to our services for the sole purpose of allowing you to sell or transfer your existing collectibles [ which you did not acquire in connection with a breach of these Terms of Use ]. Upon completion of this process, your account may be suspended or terminated indefinitely.
32. We may restrict other users’ access to our services and suspend or terminate other accounts if we determine, in our discretion, that an agreement has been established to circumvent our power to restrict a user’s access to our services and suspend or terminate an account.
33. In the event that you purchase any Collectibles through the APP in a manner that violates these Terms of Use, for example, the use of a bot, emulator or other tool described in Section 6.1, Illegitimate Collectibles, in addition to other rights under these Terms of Use , we may confiscate the illegitimate Collectibles from you and you will not receive compensation. If you have already sold or transferred the Illegitimate Collectibles to another User, we may confiscate the equivalent value of other collectibles from your account and you will not receive compensation. For such purpose, the equivalent value in the circumstances in which the Illegitimate Collectibles were sold shall be based on the sale price of the Illegitimate Collectibles or the market value of the Illegitimate Collectibles at the relevant time, whichever is greater, or where the Illegitimate Collectibles were transferred, the market value of the Illegitimate Collectibles at the time.
34. Upon account termination, to the fullest extent permitted by law, you irrevocably agree to transfer to us without legal compensation and/or beneficial ownership, as the case may be, for any Collectibles held in the Account at any time, in our sole discretion, without prior notice after Account closure. You irrevocably appoint us as your legal counsel to effect any transfer, including executing any documentation or taking other steps necessary to give effect to the terms of this Section 6.
35. You indemnify us against all losses suffered or incurred as a direct or indirect result of:
a. any actual or alleged claim by a third party that any User Content violates that third party’s rights, including Intellectual Property Rights and privacy rights, or that any User Content is Objectionable, inaccurate or misleading;
b. your failure to comply with these Terms of Use, including any failure by a person accessing and using the Services using your Account; or
c. any loss arising out of or relating to an actual or alleged breach by you of any legal or regulatory requirements arising in connection with a contract between you and any other user or as a result of any other relationship established through the Services.
36. You acknowledge and agree that all conditions of these Terms of Use are fair and reasonable, taking into account the legitimate interests of MysteriesLand and the MysteriesLand ecosystem, and the relevant fundamental objectives of MysteriesLand, as agreed in the items of this Clause 6.
37. The User acknowledges that the fundamental purposes of MysteriesLand include, but are not limited to:
a. facilitate the primary purchase and secondary trading of Collectibles through the Services in a safe, equitable, fair and trustworthy environment that is materially free, to the maximum extent possible, from hacking, botting and other activities deemed illegitimate in accordance with these Terms of Use;
b. ensure that each User has a fair opportunity to participate in the primary purchase and secondary trading of Collectibles; and
c. preserve the structural and operational integrity of the Services, including the Software, Underlying Systems, Digital Property and any other Intellectual Property.
38. Tax laws vary from country to country. It is your responsibility to determine what taxes, if any, arise from your use of the Services. You are solely responsible for reporting and paying any applicable taxes arising from transactions using the Services and you acknowledge that we do not provide tax advice for these transactions.

7. INTELLECTUAL PROPERTY

Our Intellectual Property
39. You agree that title, title and interest [ including all copyrights, trademarks, service marks and other intellectual property rights of any kind, whether registered or unregistered ] in our Services [ present or hereafter ], and all Contents are the property of MysteriesLand, its licensors or its content providers [ as applicable ] and are protected by international copyright and trademark laws in Brazil, the European Union, the United States and internationally. In addition to your User Content, we [ and our licensors ] own all intellectual property and copyright rights in the MysteriesLand ecosystem, the Software and the Underlying Systems, including all information, data, text, graphics, artwork, photographs , digital items, trademarks, logos, sound recordings, videos and appearance, including any modification, enhancement or derivative work of any of the foregoing.
40. Subject to your compliance with these Terms of Use, we grant you a personal, non-commercial, non-exclusive, non-transferable, revocable, limited [ or sublicensed, to the extent the Content has been licensed to us ] license to download, view, display and use Content only for use permitted on our Services. You can not:
a. Modify any content;
b. Use the Content to advertise or promote another product or service;
c. Commercialize the Content, such as incorporating it into another product or service; or
d. In any way, attempt to obtain any intellectual property rights in the Content.
41. “MYSTERIES LAND” and “the titles of the books” are registered trademarks of MysteriesLand or its licensors.
42. You acknowledge, accept and agree to comply with and respect the terms of the intellectual property and copyright of the system and logic used by MysteriesLand, included in the registration of ownership under the address [ 6mNPiDntrDtcyCiWmY3ZsG77BCcj8gisXtgTdj2BAQV ] of the Solana blockchain network [ https://explorer. solana.com/address/6mNPiDntrDtcyCiWmY3ZsG77BCcj8gisXtgTdj2BAQV ].
Collectibles
43. You acknowledge and agree that the Intellectual Property Rights in all Collectibles remain with MysteriesLand Licensor. When purchasing a Collectible using the Market or Store:
a. You are acquiring the Token associated with the relevant Collectible through a transaction that registers your ownership on the designated blockchain, which includes a limited license to the Digital Property derived from the Intellectual Property Rights of Licensor MysteriesLand, to the extent that, by owning the Token , you may access the Digital Property via the Token in accordance with these Terms of Use; and
b. We grant you, so long as you own the Collectible, a personal, non-commercial, non-exclusive, non-transferable [ except as specifically set forth in this Section ], revocable, limited license to download, view, display and use the Digital Property in that Collectable and its Content associated, only for use permitted in these Terms, including the RESALE of the Collectable in accordance with these Terms of Use and subject to the following terms and conditions:
 You agree not to allow or allow third parties to: a) Modify the Digital Property in any way; b) Use the Digital Property to advertise, market or sell any third party product or service; c) Use the Digital Property in connection with images, videos or other forms of media that depict hate, bigotry, violence, cruelty, political issues, material classified as inappropriate or anything that could reasonably be considered hate speech, violation of the rights of other persons, false, defamatory, obscene, profane, indecent or which does or is reasonably likely to damage MysteriesLand’s names, marks or reputation (or any of MysteriesLand Licensor’s names, marks or reputation); d) Use the Digital Property in film, video or any other form of media for the creation or issuance of new non-fungible tokens.
44. This limited license only applies as long as you continue to own the Token. You also agree to comply with all applicable laws when using, selling or transferring the Token and use of the associated Digital Property.
45. If at any time you sell, trade, give away, transfer or dispose of your Token, for any reason or by any means, your rights under this limited license will be immediately revoked and expire with respect to the Digital Property associated with that Token, without the need for prior notice and you will have no further rights in or to such Digital Property.
46. Any violation of the terms of this limited license will automatically result in the termination of the rights granted to you hereunder.
47. You acknowledge and agree that, as between you and MysteriesLand or the MysteriesLand Licensors, they own or control all legal right, title and interest in the Digital Property and all intellectual property rights therein. The rights you have in the digital property are limited to those described in this limited license.
48. You further understand and agree that neither MysteriesLand nor any of MysteriesLand’s Licensors are liable in the event of an inability to access the Digital Property for any reason, including as a result of any downtime, failure, obsolescence, removal, termination or other interruption related to the storage or access to any digital property. MysteriesLand may use or implement technical measures with respect to the security of the Digital Property and you will not take any action to interfere with, circumvent, disable or obstruct any security-related features or other digital rights management functions associated with the digital property or reverse engineer or take any other action that may affect the technology associated with it.
49. For the avoidance of doubt, your ownership, possession or control of a Token does not convey any ownership, copyright, title or similar interest in any Digital Property.
50. Each MysteriesLand Licensor is a third party beneficiary of these Terms of Use and, upon your acceptance, every MysteriesLand Licensor as a third party beneficiary shall have the right [ and shall be deemed to have accepted the right ] to enforce these Terms of Use against you.
51. Your ownership of a Collectible does not include any rights to the Digital Property, except as expressly provided in these Terms of Use.
52. When you sell a Collectible through the marketplace, pursuant to these Terms of Use, the license to the digital property in the Collectible [ set forth in Section 7 ] transfers to the new owner of that Collectable, and your license expires immediately.
53. MysteriesLand Licensor’s underlying rights in the Digital Property will not be affected when you complete a transaction on the Market or through MysteriesLand. Neither we nor MysteriesLand Licensor offer to sell or license [ except as expressly set forth in these Terms of Use ] the Intellectual Property Rights in the Digital Property or associated Content. You must notify us immediately if you become aware of any actual or potential infringement of Intellectual Property Rights relating to your Account.
54. You:
a. must not modify any Collectible (including, for the avoidance of doubt, the token or digital property associated with the Collectable);
b. must not use any Collectable or associated Content to advertise, market, or sell a product or service, or as the basis for a securities product; and
c. you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Collectible.
55. You acknowledge that some MysteriesLand Licensors may, under certain circumstances, be entitled to require that the Digital Property containing such MysteriesLand Licensor Intellectual Property Rights be transferred to a different platform through which the User may continue to access and use the Digital Property . We may disclose the personal information of any Impacted User to any MysteriesLand Licensor and any MysteriesLand Licensor may contact Impacted Users for the purpose of enabling continued access and use of the Digital Property.
56. At our discretion, we may offer you a loyalty program that offers certain benefits or rewards if you meet certain criteria. The criteria and other terms of any loyalty program will be published separately and may be modified by us from time to time. Any benefits or rewards you may receive have no cash value and are non-transferable. Benefits and rewards cannot be exchanged or refunded for another product or service or monetary refund.
57. We may burn tokens and create new ones when this is necessary for the fulfillment of the services and benefits offered by MysteriesLand, even if the result may include permanent changes to your collectibles, such as one or more of your collectibles [ including the Token ] being burned and no longer existing.
User Content
58. Title and all intellectual property rights in the User Content remain with you. By making any User Content available through our Services, you grant us a perpetual, non-exclusive, fully paid-up, transferable, sublicensable, worldwide, irrevocable, royalty-free, perpetual license to use, store, copy, modify, create derivative works with based on it, publicly display, publicly perform, market, promote and distribute your User Content for any purpose related to operating and providing our Services and Content to you and others. By accepting these Terms of Use, you allow us to freely benefit from the aforementioned rights, including but not limited to:
a. The right to reproduce User Content by any means and in any format;
b. The right to publicly or privately broadcast or make available User Content [ or any product incorporating User Content ], free of charge everywhere, by any means or process known or unknown at the time, and in particular via the Internet and printing;
c. The right to use User Content for demonstration, promotion and advertising of all of our Services; It is
d. The right to produce or commission the production of any new product or service from User Content or any product that incorporates or exploits User Content, reproduced as-is or modified by us or any third party of your choosing.
59. To the extent that you create any User Content on our sites or Services [ for example, by uploading a display image, wall postings, or through interactions with other users ], you grant us a non-exclusive, worldwide, transferable, exempt royalty-free, irrevocable and sublicensable rights to exercise all Intellectual Property Rights you own in that User Content, including hosting, using, distributing, modifying, performing, copying, publicly displaying, translating and creating derivative works of your User Content. To the fullest extent permitted by applicable law, you waive your right to enforce your Intellectual Property Rights in that User Content against us, our assignees, our sublicensees and their assignees, in connection with the use of that User Content by our assignees and sublicensees in connection with our provision, expansion and promotion of our services.
60. Without limiting the foregoing provisions, you acknowledge that we may use User Content for internal research, analysis and product development purposes, conduct statistical analysis and identify trends and insights [ anonymously and in aggregate ] and for our internal reporting requirements [ those rights will survive the termination and expiration of these Terms of Use ].
61. You represent and warrant that, for all User Content provided by you, you own or otherwise control all rights necessary to do so and to perform your obligations under these Terms of Use. You represent and warrant that such User Content is accurate. You represent and warrant that the use of any User Content, including derivative works, by us, our users or third parties with whom we contract, and in accordance with these Terms of Use, will not infringe any law or regulation or violate any rights third-party intellectual property. We assume no responsibility and are not responsible for any content provided by you or any third party. To the extent permitted by law, you also agree and undertake not to exercise your moral rights [ or equivalent rights under applicable law ], such as the right to be identified as the author of any User Content, against us or any third party designated by us.
62. You must ensure that you have obtained all necessary consents to access, collect, maintain, process and distribute User Content as described in these Terms of Use.
DMCA Notice and Procedure for Claims of Copyright Infringement
63. As we ask others to respect our intellectual property rights, we also respect the intellectual property rights of others. Under appropriate circumstances, we may remove information from the MysteriesLand Services that may infringe the intellectual property rights of others.
64. Procedure for reporting copyright infringement:
If you believe that your work has been used or copied in a way that constitutes copyright infringement, and that infringement is taking place on the MysteriesLand Services, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”), providing the following information in writing:
a. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
b. A description of the copyrighted work that you claim has been infringed, including the URL [ ie, web page address ] of where the copyrighted work is located or a copy of the copyrighted work;
c. Identification of the URL or other specific location on the MysteriesLand Services where the material you claim is infringing is located;
d. Your address, telephone number and email address;
e. A statement by you, made in good faith, that you believe the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
65. You acknowledge that if you do not comply with all of the requirements in this section, your DMCA notice may not be valid and we are under no obligation to respond to or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make false statements or bad faith claim that any material on the MysteriesLand Services infringes your copyright. You can contact us via email at [ contact@mysteriesland.com ].
66. Upon receipt of adequate good faith notice of infringement, it is MysteriesLand’s policy:
a. Remove or disable access to infringing content;
b. Notify the content provider, member or user [ “Content Provider” ] that the content has been removed or access to it has been disabled; and
c. Inform that repeat offenders will have the infringing content removed from the system and that we may terminate that content provider’s access to MysteriesLand services.
67. If the content provider believes that content that has been removed or access to which access has been disabled is not infringing copyright or if the content provider believes that it has the right to publish and use that content, the content provider may send us a counter-notification, which must contain the following:
a. Content provider contact information, including the sender’s full legal [ not a company ] name, an email address, a physical address, and a telephone number;
b. The location, including any URLs, of the content that was removed or disabled;
c. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”; and
d. A physical or electronic signature. To comply with this requirement, the content provider may enter the full legal name of the sender [ and not a company ] at the bottom of the electronic counter-notification.
68. The decision to replace or stop disabling access to any content is at our sole discretion.

8. THE MARKET

69. When it comes to the Trading Market, we are not middlemen in secondary sales. When a user purchases a Collectible and agrees to supply it, a contract is established directly between the users. We do not act as an agent for any user.
70. As we are not a party to the transaction, any interaction between you and another user, including any contract entered into between you, is a matter solely between the two of you. In addition to the obligations set forth in these Terms of Use, you agree that:
a. We are not responsible for the accuracy of any Listing or for a user’s failure to comply with the Terms of Use or any other legal obligation;
b. We are not responsible for any warranties or promises made by the seller in relation to any Listing on the MysteriesLand app or on external marketplaces;
c. We do not and do not make any representations, warranties or promises that a Collectible will meet your requirements or expectations;
d. We are not responsible for any increase or decrease in the value of a Collectible;
e. We make no express promises, implied or otherwise, regarding the value of a Collectible, including whether its value will increase or decrease in the future. The price of Collectible Tokens can be volatile and subjective, and we cannot guarantee that any Collectible Items purchased will retain any value, as this depends on a number of subjective factors beyond our control, including the demand for a particular Collectible;
f. We will not be responsible for the negligence or misconduct of other users, including cases where another user has attempted to defraud you, does not have the right to sell you a Collectible, or has failed to complete a transaction.
71. By listing a Collectible for sale on the Marketplace, you agree that any sale of the Collectible will be final, and you will not be able to cancel the sale or retain ownership of the Collectable. You enter into a legally binding contract to purchase a Collectible when you commit to purchase it at the stated price. Your bid for a Collectible is accepted by the seller when the seller agrees to the price or if you place the winning bid in an auction.
72. Prices set on the Marketplace are set by users who offer Collectibles for sale. We make no warranty or representation that prices set by Marketplace users are reasonable or reflect the value of a Collectible. We will not provide refunds for any reason.

9. THE STORE

73. We do not offer a hosted digital wallet on the Platform or otherwise custody Digital Collectibles for our users. You will be required to link a supported blockchain-based digital wallet (“Supported Wallet”) provided by supported third-party unhosted wallet providers (“Supported Wallet Provider”) to the Platform before you will be able to purchase a Digital Collectible. A list of Supported Wallets and Supported Wallet Providers, which we may update at our discretion, is available on our APP. We will deliver any Digital Collectibles that you purchase from us directly to your Supported Wallet and you will be responsible for safekeeping the passwords and keys associated with your Supported Wallet. We will not be able to recover purchased Digital Collectibles for you in the event that you lose access to your Supported Wallet account or under any other circumstances.
74. Each Supported Wallet Provider is a third-party company that offers unhosted digital wallet products and services. We are not in any way affiliated or partnered with Supported Wallet Providers. Your use of each Supported Wallet Provider’s products and services is subject to its applicable terms of service. We will not be liable to you for any loss that results from your use of a Supported Wallet Provider’s products and services, including Supported Wallets.
75. We currently only accept payments in the supported cryptocurrencies listed on our APP. You cannot maintain a balance of cryptocurrency with us for purposes of making purchases through our Services. You must link your Web3 Wallet to the Services and use a supported type of cryptocurrency from your Web3 Wallet to complete your purchase.
76. All pricing and payment terms are as set forth on the Platform, and any payment obligations you incur are binding at the time of purchase. All sales are final. Unless otherwise required by applicable law, we will not provide a refund on any purchase.
77. Subject to payment of the Collectable price, when you purchase a Collectible from the Store you acquire the Token associated with that Collectable in accordance with Section 7.
78. We may retain a specific number of units of each set of collectibles that we release in the store for use in marketing and promotional activities or for the development of a project.

10. PERMISSION LIST AND PROMOTIONAL ITEMS

79. We [ or we, together with a Licensor or MysteriesLand partner ] may, from time to time, run promotions in which certain Users on a whitelist will receive specific benefits or receive a promotional item that can be redeemed by those Users through the app in exchange for a free or paid collectible [ as specified by us in connection with the specific promotion ]. Terms may vary between promotions and will be communicated at the time of each promotion.

11. FEES AND PAYMENT

80. Payments for Collectibles [ on primary or secondary sales ] will be made via digital tokens specified in the offer.
81. Collectibles prices are expressed in digital tokens.
82. You will be charged the price, including any fees set out on our offer page, for any Collectibles purchased from the store or marketplace. All purchases made on our Services are final and non-refundable, and we encourage you to double check before making any purchases.
83. You authorize us to deduct our royalty fees from any sale or deal made with the Collectibles, at any time, even if the transaction is made on third-party platforms or directly between Users.
84. There is no charge to download our MysteriesLand app, but you do need an internet connection. You are responsible for all charges associated with your internet or mobile network providers.
85. By using our Services, you agree that you are responsible for calculating and paying:
a. Any taxes applicable to transactions carried out on our Services. We do not accept any liability or make any representations in relation to your tax liability.
b. Any fees associated with your chosen payment method.
c. Any currency conversion fees.
86. We may change, modify or increase the fees charged for our services from time to time, or at the launch of each new project, without prior notice. If you do not wish to pay the increased fees, you will not be able to use our Services.

12. PAYMENTS AND SERVICES

87. The Services offered by MysteriesLand:
a. They are not securities.
b. They do not constitute an investment or investment fund.
c. MysteriesLand does not accept or hold customer deposits and is not a bank.
d. MysteriesLand does not guarantee the funds of the customers it owns [ or the collectibles themselves ].
88. It is. MysteriesLand is not a transmitter of money under any law.

13. SECURITY

89. While we take all reasonable steps to ensure the security of your Collectibles and User Content, you are responsible for the security and system integrity of your account, device and Internet connection. You acknowledge and agree that all Collectibles are associated with Tokens on the named blockchain, a network of distributed ledgers operated by multiple parties independent of us. The security of the Collectibles depends on the security of the network.
90. You must take all possible precautions to ensure the security of your account and your device, using reasonable care to prevent loss, theft, unauthorized use, criminal or fraudulent activity. That includes:
a. Do not allow others to use your device;
b. Keep your login information or private key secret and exclusive;
c. Lock your device when not in use; and
d. Ensure that you have password access set up on your device and that it is enabled.
91. If you become aware or suspect that your login credentials for our Services have been compromised in any way, you must notify us immediately and also stop using our Services, uninstall and delete the MysteriesLand application.
92. You must take all reasonable precautions to protect the value of your collectibles, including insuring your collectibles and, most importantly, protecting your wallet’s private key.

14. THIRD PARTY SITES OR RESOURCES

93. The Services may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services available or accessible on these sites or resources, nor for the links displayed on these sites. To the extent permitted by applicable law, you acknowledge that you are solely responsible for and assume all risks arising from your use of third party websites or resources. We do not endorse or endorse any content on third-party websites, nor are we responsible for what is contained on those websites.
94. We are not responsible for the availability or quality of third-party services, including cellular networks, providers, hotspots, wireless internet and other services. These third-party services may affect your ability to use our Services, and you hereby release and release us, and any other party involved in creating or providing our Services, from any loss or liability that may arise from or relate to any form with these third-party services.
95. By using web services and APIs, MysteriesLand may interact with various features of third-party services. We make no guarantees or representations about the availability or performance of these features. Notwithstanding the foregoing, if a third-party resource provider fails to provide such a resource or does not reasonably make it available, we may stop making that resource available to you. For the avoidance of doubt, if we exercise our right to discontinue the availability of a third-party resource, you will not be entitled to any refund, discount or other compensation.

15. TERMINATION

96. You may stop using the Services at any time. If you do, these Terms of Use and your right to access and use the Services will terminate immediately.
97. We may refuse to create an account for you, or terminate your account and suspend, modify or terminate your access to our Services at any time, for any reason, without prior notice or specific reason provided to you.
98. We may, at our sole discretion and for any reason, change, modify, suspend or discontinue any of our Services without prior notice or reason given to you.
99. The termination of these Terms of Use does not affect the rights and obligations of either party accruing before such termination.
100. Provisions that, by their nature, should survive the termination of your right to access and use the Services will survive even after you stop using the Services.
101. No compensation will be paid by us as a result of termination of these Terms of Use for any reason, and you will not be entitled to a refund of any sums you have already paid. Upon termination of an account, any user benefits arising out of, relating to, or contemplated by these Terms of Use and/or use of the Services will be forfeited.

16. WARRANTIES, LIABILITY AND DISCLAIMERS

102. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT AND WE DO NOT WARRANT THAT THE SERVICES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, THE APPLICATION) WILL:
• UNINTERRUPTED, SECURE, OR ERROR-FREE (INCLUDING FREE OF VIRUSES OR OTHER MALICIOUS CODE);
• ABLE TO BE USED WITHOUT PROBLEMS, OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; OR
• COMPATIBLE WITH YOUR DEVICE.
103. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COSTS, COSTS OF SUBSTITUTE SERVICES, LIABILITY, EXPENSES (INCLUDING REASONABLE ATTORNEY/CLIENT FEES) OR DAMAGES (INCLUDING DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL) ARISING OUT OF OR RELATED TO:
• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SERVICES;
• ANY COMMUNICATION, INTERACTION OR ENCOUNTERS WITH OTHER USERS OF OUR SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES;
• A SUSPENSION OR OTHER ACTION TAKEN IN CONNECTION WITH YOUR ACCOUNT;
• ANY ACT OR OMISSION OF A THIRD PARTY, INCLUDING NEGLIGENT, MALICIOUS OR INTENTIONAL ACTS OR OMISSIONS;
• UNAVAILABILITY, INTERRUPTION, DELAY, FAILURE OR MALFUNCTION OF TELECOMMUNICATIONS;
• OUR DECISION TO CHANGE, MODIFY, SUSPEND OR DISCONTINUE ANY OF OUR SERVICES;
• MAINTENANCE OR REPAIRS PERFORMED BY US OR ANY THIRD-PARTY SERVICE PROVIDER IN CONNECTION WITH ANY SYSTEMS USED IN PROVIDING OUR SERVICES, WHETHER OR NOT THIS RESULTS IN DELAYS OR INTERRUPTIONS IN OUR SERVICES; 
• ANY EVENT OF FORCE MAJEURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IT HAS FAILED IN ITS ESSENTIAL PURPOSE; AND
• CAREFULLY EVALUATE THE CODES OF THE SMART CONTRACTS REGISTERED ON THE BLOCKCHAIN AND IF YOU UNDERSTAND THAT THEY ARE NOT SECURE, PRESENT INCONSISTENCIES, SECURITY FAILURES, INCOMPLETE LOGIC, DO NOT USE OUR SERVICES, BECAUSE WE WILL NOT BE RESPONSIBLE FOR THESE POSSIBLE INCONSISTENCIES, EVEN IF THEY RESULT IN LOSS OF QUALITY WANT NATURE.
104. IF A COURT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY IN THIS USER AGREEMENT, THEN THE ABOVE LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
105. YOU ASSUME ALL RISKS IN CONNECTION WITH YOUR USE OF OUR SERVICES, INCLUDING RISKS GENERALLY ASSOCIATED WITH THE USE OF THE INTERNET, MOBILE OR COMPUTER APPLICATIONS, BLOCKCHAIN AND WEB3 TECHNOLOGY, CYBER SECURITY, LICENSES, MARKETPLACES, REGULATION AND YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND OTHER PEOPLE WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES.
106. YOU UNDERSTAND THAT WE DO NOT DO SEARCHES OR INVESTIGATIONS ON THE BACKGROUND OF ANY USER OF OUR SERVICES.
107. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OF OUR SERVICES.
108. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND WITH OTHER PEOPLE WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, ESPECIALLY IF YOU DECIDE TO MEET THEM.
109. ALTHOUGH THE APPLICATION MAY BE ACCESSIBLE WORLDWIDE, THE APPLICATION MAY NOT BE APPROPRIATE OR AVAILABLE FOR USE IN SOME JURISDICTIONS, AND WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED ARE LEGAL, SUITABLE OR AVAILABLE FOR USE IN CERTAIN LOCATIONS AND FOR ACCESSING THEM FROM TERRITORIES WHERE ITS CONTENT IS ILLEGAL AND STRICTLY PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE MYSTERIES LAND APPLICATION IN THEIR JURISDICTION DO SO AT THEIR OWN RISK AND MUST COMPLY WITH ALL LOCAL LAWS, INCLUDING, WITHOUT LIMITATION, TAX AND SECURITIES LAWS.
110. WE MAY LIMIT THE AVAILABILITY OF THE APPLICATION AT ANY TIME, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHICAL AREA OR JURISDICTION THAT WE CHOOSE.
111. EXCEPT TO THE EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS HAS THE EFFECT OF EXCLUDING ANY MANDATORY CONSUMER WARRANTY IN BRAZIL OR ANY OTHER CONSUMER PROTECTION LAW WHICH MAY NOT BE EXCLUDED.
112. TO THE EXTENT OUR LIABILITY CANNOT BE EXCLUDED, BUT CAN BE LIMITED, OUR LIABILITY WILL BE LIMITED TO $100 USD.
113. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ONLY IF THE FOREGOING DOES NOT APPLY, OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICES WILL NOT EXCEED $100 USD.

17. INDEMNITY

114. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM ALL LOSSES ARISING OUT OF OR IN CONNECTION WITH:
• YOUR ACCESS AND USE OF OUR SERVICES;
• YOUR VIOLATION OF THESE TERMS OF USE; AND
• ANY USER CONTENT YOU MAY PROVIDE.

18. APPLICABLE LAW AND DISPUTE RESOLUTION

115. These Terms of Use and any dispute arising out of or relating to them will be governed by the laws of Brazil.
116. If you have any question, concern, disagreement, claim, dispute or difference arising out of or relating to these Terms of Use, please contact us in the first instance and we will do our best to facilitate the resolution of the question, concern, disagreement, claim, dispute or relevant difference.
117. User acknowledges that we are under no obligation to investigate or follow up on a complaint made by a User against another User.
118. After we receive notice notifying MysteriesLand of a User’s disagreement, claim, dispute or difference, MysteriesLand and the User will attempt to resolve the matter in good faith within 30 days of notification by the User. MysteriesLand will inform the User of the outcome of the disagreement, claim, dispute or difference as soon as an outcome has been determined by MysteriesLand. If you do not agree with the outcome determined by MysteriesLand, you may take other steps to resolve the dispute as permitted by these Terms of Use.
119. In determining the outcome of the disagreement, claim, dispute or difference, MysteriesLand may take into account any factors that MysteriesLand deems relevant in the circumstances, including, but not limited to, the fundamental purposes of the MysteriesLand application set out in Clause 6.
120. The parties to this Term agree to the exclusive jurisdiction of the courts of the city of São Paulo, State of São Paulo, Brazil, to resolve any dispute related to these Terms of Use.

19. GENERAL PROVISIONS

121. Each party shall, unless it has the prior written consent of the other party: keep the confidential information of the other party confidential at all times; and implement and maintain adequate security measures to protect the other party’s Confidential Information from unauthorized access or use.
122. These Terms of Use constitute the exclusive understanding and agreement between us and you with respect to any matter addressed in these Terms of Use, superseding and revoking any and all prior understandings or agreements, oral or written, between us and you with respect to any matter addressed. in these Terms of Use.
123. You may not assign or transfer any of your rights under these Terms of Use without our prior written permission. Any attempt to assign or transfer these Terms of Use without such permission will be void. We may freely assign or transfer these Terms of Use, including any rights or obligations set forth in them, without restriction, and the assignee or successor will not be jointly and severally liable.
124. These Terms of Use will be binding and in effect for the benefit of the parties, their successors and permitted assigns.
125. Any reference to MysteriesLand in these Terms of Use includes MysteriesLand’s successors and permitted assigns.
126. We may provide notices, including notices relating to these Terms of Use, via electronic communications, including email or other form of electronic communication through MysteriesLand, and electronic communications constitute valid notice for all lawful purposes. You are solely responsible for ensuring that your contact details in your account are up to date at all times.
127. If any part of these Terms of Use is or becomes legally invalid or unenforceable, that provision will apply to the maximum extent permitted by law and the other provisions of these Terms of Use will remain in full force and effect.
128. We reserve the right to add, modify or change these Terms of Use at any time.
129. We will post the most recent version of the Terms of Use on MysteriesLand.
130. Failure to exercise or enforce any rights available under these Terms of Use will not constitute a waiver of those rights. Waiver of any right or provision will only be effective if made in writing and signed by a duly authorized representative of us.
131. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will not impair its other remedies under these Terms of Use or otherwise.
132. Our shareholders, subsidiaries, affiliates, officers, directors, agents, subsidiaries, joint ventures and employees will benefit from our rights, powers and protections in these Terms of Use, and any of them can enforce any of our rights, powers and protections as if they were part of these Terms of Use.
133. Nothing in these Terms of Use shall be deemed or intended to create a partnership, joint venture, association, employment or agency relationship between you and us.
134. Neither we, nor any user of our Services, nor any other party involved in the creation, production or delivery of our Services, shall be liable for any failure to perform its obligations under these Terms of Use, to the extent that such failure is caused by Force Major, provided that the affected party: notify the other party as soon as possible; make best efforts to overcome force majeure; and continue to fulfill your obligations to the extent possible.
135. These Terms of Use are written in English [ EN ].
136. Keep up to date with all versions of these Terms of Use.

[ Published and Streamed at https://mysteriesland.com/ ]