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<p><strong>Last updated</strong>: 13<sup>th</sup> February 2024</p>
<p><strong>Welcome</strong>:</p>
<p>These Muhammad Ali - The Next Legends Game Terms and Conditions of Use (<strong>Terms</strong>) apply to you (“<strong>you</strong>”, “<strong>yourself</strong>”, “<strong>your</strong>”) and Futureverse Corporation Limited, a New Zealand Limited Liability company with its registered office at 17 South Street, Newton, Auckland 1010, New Zealand (“<strong>Futureverse</strong>”, “<strong>we</strong>”, “<strong>our</strong>” and “<strong>us</strong>”) regarding your use of the metaverse AI Boxing game called “Muhammad Ali -The Next Legends” game application, discussion forums, and related services.</p>
<p>Please read these Terms carefully. By accessing, downloading, installing, or using the Game, whether or not you are a registered user, you are agreeing these Terms.</p>
<p>The Game enables you to claim and/or purchase Boxer Characters, Gear and Accessories in the form of digital collectibles (referred to in these Terms as “<strong>Digital Collectible(s)</strong>”)</p>
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<p><strong>Definitions</strong></p>
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<p>As used herein and throughout these Terms:</p>
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<p><strong>Altered State Machine (ASM) Brains</strong> or <strong>ASM Brains</strong> refers to digital collectibles that can provide utility to the ASM Protocol;</p>
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<p><strong>Altered State Machine (ASM) Platform </strong>or <strong>Altered State Machine Protocol</strong> is a decentralised protocol providing services relating to ASTO, A.I., Machine Learning, Digital Collectibles and other functions, and made available publicly on the internet;</p>
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<p><strong>ASTO</strong> is a protocol utility token for the ASTO AI Protocol;</p>
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<p><strong>Authentic Brands Group, LLC (or ABG) </strong>is a Delaware limited liability company, and parent of Muhammad Ali Enterprises, LLC, and a licensor of Futureverse;</p>
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<p><strong>Custodial</strong> means a wallet where the private keys are held and controlled by a third party;</p>
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<p><strong>Dashboard</strong> means the management dashboard for your FuturePass which is accessible when logged into your FuturePass via your Primary Wallet(s), where you can view, manage, and update FuturePass details, including changing Permissioned Wallets;</p>
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<p><strong>Desktop App or App</strong> means the metaverse AI Boxing game called “Muhammad Ali -The Next Legends” application including discussion forums, all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the App and related services;</p>
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<p><strong>Digital Collectible(s)</strong> A digital collectible is a unique or limited virtual item, featuring a verifiable certificate of ownership.</p>
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<p><strong>Experiences</strong> means any Metaverse and/or web3 experience and/or application (app) that has adopted FuturePass for identity and asset management within their experience/app;</p>
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<p><strong>FuturePass </strong>means an on-chain identity contract that can be used to manage Collectibles and engage with metaverse Experiences;</p>
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<p><strong>FuturePass Tickets </strong>or<strong> Tickets</strong> mean proof of paid entry that gives the ability to access into a paid event or experience.</p>
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<p><strong>Futureverse Corporation Limited</strong> (Futureverse) is a New Zealand Limited Company, the creator of “Muhammad Ali – The Next Legends” game;</p>
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<p><strong>Futureverse Marks</strong> means the registered and unregistered trademarks (in word or logo form) of Futureverse, Altered State Machine, and/or any affiliated or related companies, and all product and/or service names and brands, including, without limitation: FUTUREVERSE, FUTUREPASS, F PASS, ALTERED STATE MACHINE, ASM, and NON-FUNGIBLE INTELLIGENCE, and all copyrights and other intellectual property rights owned by or licensed to Futureverse, Altered State Machine, and/or any affiliated companies;</p>
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<p><strong>Game</strong> means the “Muhammad Ali -The Next Legends” boxing game, including the App;</p>
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<p><strong>Gas Fee</strong> shall mean the payment of a transaction fee for every transaction that occurs on a Blockchain, such Gas Fee to be based on the structure and composition of such Blockchain;</p>
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<p><strong>Leader Board</strong> means the Open Casual Leader Board which ranks the top participants globally based on their score from boxing matches played in-Game, and where the Leader Board is continuously open and updated;</p>
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<p><strong>License Agreement</strong> means the “Muhammad Ali -The Next Legends” Digital Collectibles License Agreement;</p>
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<p><strong>Muhammad Ali – TNL Boxers, AI Boxer Characters and TNL Gear </strong>shall mean and refer to Futureverse’s creation of AI Boxer Digital Character collectible players or Gear, each represented by a Digital Collectible.</p>
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<p><strong>Muhammad Ali Enterprises, LLC </strong>means a company owned in partnership between Authentic Brands Group (ABG) and Lonnie Ali as a trustee of the Muhammad Ali family trust, and a licensor to Futureverse;</p>
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<p><strong>Muhammad Ali Marks </strong>means all copyrights, trademark rights and any associated goodwill, and all other intellectual property rights in the word marks, logos, names and likeness of Muhammad Ali including, without limitation: ‘Muhammad Ali’, ‘Ali’, ‘The Greatest’, or any derivations thereof;</p>
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<p><strong>New Zealand Consumer Laws</strong> means the New Zealand Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ);</p>
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<p><strong>Non-Custodial</strong> means a wallet where the private keys are solely held and controlled by the user;</p>
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<p><strong>Permissioned Wallet</strong> means any Custodial or Non-Custodial wallet that you have granted Permissions to access and/or engage with your FuturePass, including and in addition to your Primary Wallet(s);</p>
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<p><strong>Permissions</strong> means specific authorisations and/or restrictions a Permissioned Wallet has to: (a) use a FuturePass to interact with Experiences and (b) access a FuturePass’ Stuff and User Submissions. Available Permissions for a FuturePass will vary between Permissioned Wallets across different Experiences and Stuff;</p>
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<p><strong>Primary Wallet</strong> means the main Permissioned Wallet(s) (either Custodial or Non-custodial) underpinning and with Permissions giving you access to your FuturePass;</p>
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<p><strong>Privacy Policy</strong> means our Privacy Policy available <a href="/privacy-policy">here</a>;</p>
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<p><strong>Rewards </strong>means rewards earned by participating in in-Game activities that are redeemable only in-Game;</p>
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<p><strong>Risk Disclosure </strong>means the Futureverse Risk Disclosure available <a href="/risk-disclosure">here</a>, describing some of the risks associated with digital assets and smart contracts, as well as some other risks;</p>
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<p><strong>Services </strong>means any other Futureverse and/or ASM games, websites, competitions, activations, experiences (including Experiences hosted by Futureverse and/or ASM) and/or similar activities or services.</p>
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<p><strong>Smart Contract</strong> means lines of code or a transaction protocol which is intended to automatically execute, control or document basic relevant events and actions according to the terms of an agreement. The code and the agreements contained therein exist across a distributed, decentralised blockchain network;</p>
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<p><strong>Social Media Platform</strong> means any website, program or application that enables its users to create and share content over the Internet, including without limitation, Facebook, YouTube, WhatsApp, Instagram, TikTok, Snapchat, Pinterest, Reddit, LinkedIn, and X (formerly Twitter);</p>
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<p><strong>Stuff</strong> means the Digital Collectibles, funds, keypairs, and other tokens stored and managed in your FuturePass in accordance with associated Permissions;</p>
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<p><strong>The Root Network</strong> means a decentralised blockchain network optimised for user experience and on-boarding;</p>
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<p><strong>Third Party Content</strong> means content that is uploaded, posted, submitted or otherwise transmitted by third parties, including but not limited to, in the form of APIs, links or feeds from or to other websites or resources;</p>
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<p><strong>TNL</strong> means the “Muhammad Ali -The Next Legends” boxing Game, including the App;</p>
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<p><strong>User Submissions</strong> means content that is uploaded, posted, submitted or otherwise transmitted by users of the Game; and</p>
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<p><strong>Website</strong> refers to the internet website for Muhummad Ali – The Next Legends hosted at <a href="https://thenextlegends.xyz/">https://thenextlegends.xyz</a> , operated by Futureverse.</p>
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<p><strong>Whitepaper</strong> means the Futureverse whitepaper available <a href="https://www.futureverse.com/research-item/whitepaper">here</a>:</p>
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<p><strong>Mandatory Consumer Laws </strong></p>
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<p>If you are a “consumer” for the purposes of New Zealand Consumer Laws:</p>
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<p>nothing in these Terms excludes, restricts, or modifies the application of any provision, or the exercise of any right or remedy that you may have under New Zealand Consumer Laws; and</p>
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<p>our services, including the Game, come with guarantees that cannot be excluded.</p>
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<p>Nothing in these Terms is intended to limit the application of any equivalent mandatory consumer laws applicable in any other jurisdiction.</p>
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<p><strong>Your use or access of our Website and App</strong></p>
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<p>The Game is available and accessible through the Website and the App. Futureverse is the provider of this Website and the App. The following Terms of Service and any documents referred to herein (“<strong>Terms</strong>”) apply to this Website and the App. By accessing, viewing, and/or using the Website and/or downloading, accessing, viewing, and using the App, whether or not you become a registered user (“<strong>User</strong>”, “<strong>You</strong>”, “<strong>Yourself</strong>”, “<strong>Your</strong>”), You agree to be bound by these Terms, which You acknowledge to have read and understood.</p>
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<p>The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. Where there is any inconsistency between these Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.</p>
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<p><strong>Digital Collectibles </strong>have smart contracts that run on blockchain networks and are bound by its immutability, there is no ability to undo, reverse, or restore any transactions. Subject to New Zealand Consumer Laws and to the extent permitted by law, for the avoidance of doubt, Futureverse is unable to offer refunds on any transactions, under any circumstances.</p>
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<p>To the extent permitted by law, this Website and the App, our smart contract, and all connected services related to the <strong>Digital Collectibles</strong> are provided “as is” without any warranty or promise of availability of services of any kind.</p>
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<p>By using this Website and/or the App to claim, purchase or manage the Digital Collectible(s), You are accepting sole responsibility for any and all transactions involving these Digital Collectibles, and any others offered by Futureverse and added to this Website and/or the App in the future.</p>
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<p><strong>General Terms of Use</strong></p>
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<p>In order to use the Game you must:</p>
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<p>be a person over the age of 18 years old (or of legal age in your country of residence) and able to enter into contracts or have the permission of your parent/guardian;</p>
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<p>own or have access to a computer or other device with similar capabilities;</p>
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<p>download the Game;</p>
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<p>pay any charges which may be requested from time to time, for any in-game purchases and other purchases made through the Game.</p>
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<p>agree to the Terms herein;</p>
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<p>agree to the License Agreement;</p>
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<p>have created a FuturePass or agree to the FuturePass terms as set out in clauses 5.1 and 5.2 (“<strong>FuturePass</strong>”);</p>
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<p>own at least one TNL Boxer and one ASM Brain, that has been linked to your FuturePass.</p>
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<p>provide accurate and complete information (which is not misleading) upon downloading the App where prompted (“<strong>Registration Data</strong>”); and</p>
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<p>undertake to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.</p>
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<p><strong>Creating a FuturePass</strong></p>
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<p>You can create a FuturePass by connecting an existing Non-Custodial Primary Wallet, or with a Custodial Primary Wallet:</p>
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<p><strong>Non-Custodial</strong>: to create a FuturePass using a Non-Custodial Primary Wallet you’ll need to:</p>
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<p>(a) sign a prompted transaction using an existing Non-Custodial wallet; and</p>
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<p>(b) agree to these Terms and read the Risk Disclosure Statement; or</p>
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<p><strong>Custodial</strong>: to create a FuturePass using a Custodial Primary Wallet you’ll need to:</p>
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<p>(a) either login using your Google account or by entering a 6-digit code sent to your email address. In this scenario your Google credentials or email will authorize access to a private key for your Primary Wallet generated and stored by Futureverse in the Futureverse Vault; and</p>
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<p>(b) agree to these Terms and read the Risk Disclosure Statement</p>
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<p>You must provide us with any other information we reasonably request from time to time, for example where we need to meet our own legal requirements.</p>
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<p><strong>Security</strong></p>
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<p>We will take reasonable steps to ensure that your personal information is secure in accordance with our <a href="/privacy-policy">Privacy Policy</a>. You are responsible for the confidentiality and security of your account (including your password) and accept all risk of any unauthorised use of or access to your account and your associated connection to the internet.</p>
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<p>You must immediately notify us if you become aware of any unauthorised access to your Account or suspect you have been subject to a security breach and follow our reasonable directions in relation to the same including, but not limited to, ceasing to use or uninstalling Game.</p>
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<p><strong>Privacy</strong></p>
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<p>By accessing, using or playing the Game, or submitting your personal information to the Game, you agree to our collection and use of such data for the purposes of enabling you to access, use and play the Game in accordance with our <a href="/privacy-policy">Privacy Policy</a> (“<strong>Privacy Policy</strong>”) which may be updated from time to time.</p>
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<p>We do not knowingly collect Personal Information from children under the age of 18. If you are a parent or guardian and believe your minor child has provided us with Personal Information without your consent, please contact us at <a href="mailto:privacy@futureverse.com">privacy@futureverse.com</a> and we will take steps to delete such Personal Information from our systems.</p>
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<p>We may publish boxer character name, bios and profile pictures on Leader Boards and in other formats associated with the Game, including the Website and/or App. If you choose to register a name for your boxer character that includes your personally identifiable information you specifically consent to us publishing the same in accordance with this clause.</p>
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<p><strong>Licenses and Trademarks </strong></p>
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<p>You agree that all right, title and interest (including all the copyright, trademarks, service marks, and all other intellectual property rights of any kind, whether registered or unregistered) in and to the Game (whether present or in the future), including, without limitation, to all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the Website, the Game, and/or the App belong to us and/or our licensors (as applicable). The Game may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes than for accessing and using the Game save as permitted pursuant to agreement in writing with the relevant rights holder (as set out below).</p>
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<p>For that sole and exclusive purpose, we and/or our licensors grant you a limited, revocable, non-exclusive license to use the Game strictly for the purpose of participating in the Game privately for personal, non-commercial purposes, in accordance with these Terms and subject to the terms and conditions set out in the License Agreement for the period the Game is available. Futureverse and/or its licensors reserve all rights in the Game and nothing in these Terms and/or the License Agreement constitute a transfer of any of our (and/or our third party licensors’) intellectual property rights.</p>
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<p>Subject to privacy laws, and our Privacy Policy, you grant Futureverse (and/or our licensors) an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions for any purpose in connection with the Game or Futureverse’s (and its successor’s) business for any purpose, including, but not limited to, promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and/or all media formats and through any and/or all media channels. You also hereby grant each user of the Game a non-exclusive license to access and use your User Submissions through the Game.</p>
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<p>Aside from the right granted to you under clause 8.2(which may include some of the Muhammad Ali Marks and/or the Futureverse Marks), you agree not to display or use the Muhammad Ali Marks, Futureverse Marks or any other intellectual property owned or controlled by Muhammad Ali Enterprises, LLC ABG or Futureverse, or any third party content in any other manner unless separately and previously agreed to in writing by the relevant rights holder including, but not limited to, the License Agreement.</p>
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<p><strong>User Submissions </strong></p>
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<p>You shall be solely responsible for your own User Submissions and the consequences of uploading them.</p>
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<p>You acknowledge and agree that:</p>
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<p>the Game provides, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that Futureverse only acts as a platform for such User Submissions and that we are not liable for such content posted on the Game, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. Futureverse cannot, nor does it undertake any obligation, to control User Submissions. By their very nature, User Submissions on the Game are changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively mislabelled. We do not make any representation or warranty, express or implied, as to User Submissions;</p>
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<p>we have no obligation to post any User Submission from You or anyone else. In addition, we may, at our sole discretion, edit, remove or delete any User Submission that you post or submit, as well as terminate your access to the Game without notice if, in our opinion, such User Submission infringes another individual’s intellectual property rights or otherwise does not comply with any provision of these Terms; and</p>
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<p>we reserve the right to determine the final design, layout and functionality of the Game, which may involve the review, formatting and editing of User Submissions.</p>
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<p>You represent and warrant that your User Submissions shall not:</p>
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<p>infringe any copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy, including for any use by Futureverse pursuant to the license granted under clause 8.3;</p>
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<p>violate any law or regulation;</p>
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<p>be defamatory or trade libellous;</p>
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<p>be obscene, offensive, inappropriate, or contain pornography;</p>
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<p>include information that is incomplete, false, misleading, deceptive, or inaccurate information about Yourself or any information about any other individual, is likely to bring us into disrepute or otherwise illegal; and</p>
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<p>contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.</p>
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<p>You in particular, represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual in any User Submission to use their name or likeness.</p>
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<p><strong>Restrictions on use</strong></p>
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<p>You agree to only use the Game in accordance with these Terms, the License Agreement and applicable laws. Without limiting this duty, you agree not to:</p>
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<p>attempt to collect or store data regarding other users;</p>
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<p>discriminate, harass, defame, intimidate, or bully other users or otherwise interfere with other users’ enjoyment of the Game;</p>
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<p>remove or tamper with the copyright notices on the Game;</p>
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<p>copy, disassemble, decompile, publish, attempt to derive source code, reverse engineer, or create a derivative works or functionally equivalent software from the Game;</p>
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<p>re-post to other websites, frame, deep link to, change, copy or download, in a systematic manner, any Game, or communicate or otherwise distribute, license, sub-license or transfer in any form any aspect of the same; and</p>
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<p>incorporate the Game into any product to be made available commercially (unless otherwise expressly agreed with us).</p>
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<p><strong>Claiming, purchasing, managing and trading of Digital Collectibles</strong></p>
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<p>You acknowledge and agree that there may be risks associated with Digital Collectible(s). For further information please see our <a href="/risk-disclosure"><strong>Risk Disclosure</strong></a> describing some of the risks associated with digital assets, including Digital Collectible(s), and Smart Contracts, as well as other risks.</p>
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<p>To participate in The Next Legends you will need a TNL Boxer Digital Collectible and ASM Brain Digital Collectible. Digital Collectibles will need to be purchased from secondary marketplaces such as MARK or OpenSea. On occasion there may be new collections released, where Digital Collectibles may be purchased directly from The Next Legends website or our other websites.</p>
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<p>TNL Boxers have the opportunity to progress through four skill levels in the game: Rookie, Pro, Champ and Legend. Each TNL Boxer and ASM Brain can be sold and transferred to another owner to be used in the Game. If a boxer reaches a new skill level and is then sold, it will retain the same skill level that it had at the time of its sale.</p>
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<p>You will be able to purchase additional digital assets and Digital Collectibles for cosmetic and in-game use, including but not limited to; boxer characters, gym bags, gym gear (clothing, hairstyles and boosts) via our third party credit card payment provider (<strong>Third Party Payment Provider</strong>).</p>
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<p>Where Digital Collectible(s) are purchased via Third Party Payment Provider you acknowledge and agree that:</p>
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<p>your contractual partner in providing payment services to you will be the relevant Third Party Payment Provider and such payment services will be governed by the relevant Third Party Payment Provider’s terms and conditions;</p>
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<p>you must comply with the relevant Third Party Payment Provider’s terms and conditions, rules or policies when accessing these payment services;</p>
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<p>you are responsible for all charges in relation to your use of these payment services, and must provide accurate and complete payment information to the relevant Third Party Payment Provider;</p>
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<p>the Third Party Payment Provider will be responsible for providing the payment services and;</p>
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<p>to the extent permitted by law, we accept no liability or responsibility for payments made through Third Party Payment Providers.</p>
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<p><strong>Website-only functions</strong></p>
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<p>When you access the Game via the Website, it offers the functionality to open a TNL Pro Gym Bag Digital Collectible and claim TNL Gear. TNL Gear are Digital Collectibles that are made up a mix of limited-edition outfits, styles, and in-game perks that are designed to elevate your TNL Boxer’s prowess and appearance. TNL Gear functions are available via Website Game access only.</p>
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<p>TNL Pro Gym Bag items (TNL Gear) are randomly allocated to each bag. Owners will receive a fair minimum number of items that reflect the rarity of the particular bag type.</p>
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<p>TNL Pro Gym Bags can only be opened once to have the TNL Gear claimed. You accept sole responsibility to ensure you have checked if a TNL Gym Bag has already been opened and the TNL Gear claimed. You can use our Claim Checker tool located <a href="checker.thenextlegends.xyz">here</a> to insert a Bag Token ID and check the status if that TNL Gym Bag has been opened and TNL Gear claimed.</p>
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<p>What is included in each of the three TNL Pro Gym Bag types:</p>
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<p>Freedom Bag – collectively, a minimum of seven (7) limited-edition outfits, styles, and in-game boosts.</p>
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<p>Comeback Bag – collectively, a minimum of eight (8) limited-edition outfits, styles, and in-game boosts.</p>
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<p>Legacy Bag – collectively, a minimum of nine (9) limited-edition outfits, styles, and in-game boosts.</p>
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<p>By opening a TNL Pro Gym Bag Digital Collectible, you agree to pay any Gas Fees for the transaction required to mint the new Digital Collectibles.</p>
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<p>Each Blockchain may require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on such Blockchain, such Gas Fee to be based on the structure and composition of such Blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via those services. Gas Fees may vary based on market conditions on the applicable Blockchain, and Futureverse and its licensors shall have no liability to you in connection with the same.</p>
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<p><strong>Training in-game</strong></p>
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<p>To participate in the training mode within the Game, a player must own at least one TNL Boxer and one ASM Brain. An ASM Brain must be paired with a TNL Boxer to begin the training process.</p>
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<p>Each training session will incur a cost which is paid for by use of FuturePass Tickets, the in-game currency (<strong>“FuturePass Tickets”</strong>)</p>
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<p>The training process involves teaching fighting styles to a player's ASM Brain, powered by AI. These strategies and fighting styles are stored in the AI Brain as machine-learning memories (technically defined as “learning nodes”).</p>
</li>
<li>
<p>In participating in the training process, Futureverse makes no guarantee that your AI-driven Boxer will improve in its performance in the game. This is subjective to the machine learning variables, attributes of the ASM Brain, and opponent that you both train and fight against.</p>
</li>
</ol>
</li>
‍</ol>
<ol start="13">
<li>
<p><strong>Prize Fights in-game</strong></p>
<ol>
<li>
<p>Players have the option to participate in prize fights, and in doing so must pay a set entry fee in the form of Tickets, which can be purchased within the FuturePass Dashboard. The number of Tickets required to enter a fight is specific to each individual prize fight tier. There are four prize fight tiers: steel, bronze, silver and gold.</p>
</li>
<li>
<p>Prize fight participants will be matched with opponents who have entered in the same prize fight tier by default. On the occasion where there are no opponents found, the game will attempt to find an opponent from a lower fight tier. The entry fee of the participant will be reduced to match the prize fight tier of the confirmed fight when an opponent has been found.</p>
</li>
<li>
<p>Rewards in the form of ASTO are automatically credited to the winner’s FuturePass account when a prize fight has concluded.</p>
</li>
<li>
<p>In the scenario where a prize fight fails to conclude, the ticket entry fee will be refunded.</p>
</li>
</ol>
</li>
</ol>
<ol start="14">
<li>
<p><strong>Links to other sites within Website and App</strong></p>
<ol>
<li>
<p>Our Website and/or App may include links to external sites. These sites are not under our control and we are not responsible for, and we make no representations or warranties concerning the contents of any such external site. Any links are provided to you only as a convenience, and the inclusion of any link does not imply any recommendation, endorsement, verification, or certification by us of the linked site.</p>
</li>
<li>
<p>You agree we are not responsible for and have no control over third-party content. You hereby acknowledge and agree that we are not responsible for the availability of external sites or resources, we do not endorse, and we are not responsible or liable for, any third party content available on such sites or resources. You further acknowledge and agree that we and our licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any third party content, goods, services or any other material available on or through any APIs, links or feeds from or to other websites or resources from the Website, App and/or Game.</p>
</li>
<li>
<p>Where our Game contains third party advertisements you acknowledge and agree:</p>
<ol type="a">
<li>
<p>by accessing such links you may be required to agree to any terms of use or access; and</p>
</li>
<li>
<p>we do not endorse the accuracy of such links.</p>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol start="15">
<li>
<p><strong>Availability of Game</strong></p>
<ol>
<li>
<p>You acknowledge and agree that:</p>
<ol type="a">
<li>
<p>the Game may only be available in certain geographic areas, which we will decide in our sole discretion; and</p>
</li>
<li>
<p>from time to time we may change the availability of the Game, or functions within it, without telling you, including for maintenance, operational and technical reasons.</p>
</li>
</ol>
</li>
<li>
<p>To the extent permitted by law, we, and our licensors, are not liable to you for:</p>
<ol type="a">
<li>
<p>any error or non-performance of the Game arising from your use of the Game, failure in the data connection or other malfunction;</p>
</li>
<li>
<p>any harm that may be caused by viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;</p>
</li>
<li>
<p>any unavailability of the Game (or parts of it), difficulty or inability to download or access the Game; or</p>
</li>
<li>
<p>any other communication system failure.</p>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol start="16">
<li>
<p><strong>System requirements and supporting the Game</strong></p>
<ol>
<li>
<p>While we will endeavour to update the Game from time to time, we are under no obligation do so. If we do make updates to the Game, you acknowledge that you may be required to download such updates to or new versions of the Game when these are made available to continue using the Game.</p>
</li>
<li>
<p>Subject to New Zealand Consumer Law, and to the extent permitted by law:</p>
<ol type="a">
<li>
<p>we reserve the right at any time (with reasonable notice) to:</p>
<ol type="i">
<li>
<p>modify, vary or change the Game; or</p>
</li>
<li>
<p>discontinue, temporarily or permanently, the Game; and</p>
</li>
</ol>
</li>
<li>
<p>we shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the Game.</p>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol start="17">
<li>
<p><strong>Disclaimer </strong></p>
<ol>
<li>
<p>Except as required by New Zealand Consumer Laws or as otherwise required by law, we, and our licensors, make no warranties (either express or implied) or representation about the Game, including no warranty or representation that use of the Game will be:</p>
<ol type="a">
<li>
<p>uninterrupted, secure, or error-free (including free from viruses or other malicious code);</p>
</li>
<li>
<p>fit for purposes, of merchantable quality, or non-infringing;</p>
</li>
<li>
<p>that the Game will be compatible with your device; or</p>
</li>
<li>
<p>will meet your requirements unless we have advised you specifically.</p>
</li>
</ol>
</li>
<li>
<p>Other than in respect of the rights and remedies available to consumers under New Zealand Consumer Law, you acknowledge and agree that:</p>
<ol type="a">
<li>
<p>downloading or obtaining any material through the use of the Game shall be done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from downloading any such material; and</p>
</li>
<li>
<p>commentary and other materials posted by us on the Game are not intended to be considered to be reliable advice. No information, whether oral or written, obtained by you from us, or through or from the Game, shall create any warranty or other obligation not expressly stated in the terms, and we disclaim all liability and responsibility arising from any reliance placed upon such materials or by anyone who may be informed of the Game.</p>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol start="18">
<li>
<p><strong>Limitation of liability </strong></p>
<ol>
<li>
<p>Subject to clause 17.2 and New Zealand Consumer Laws to the fullest extent permitted by law:</p>
<ol type="a">
<li>
<p>We, and our licensors (and each of their parents, affiliates, subsidiaries, employees, agents, attorneys, directors and shareholders) are not liable for any loss, costs, liability, expenses or damages (including direct or indirect, incidental, consequential or exemplary) arising from or in relation to:</p>
<ol type="i">
<li>
<p>your use of the Game;</p>
</li>
<li>
<p>our inability to provide the Game or carry out our obligations; or</p>
</li>
<li>
<p>our decision to change, modify, suspend or discontinue the Game, other than to [deliver] Digital Collectibles paid for in full in accordance with these Terms; and</p>
</li>
</ol>
</li>
<li>
<p>Futureverse’s and our licensors (and each of their parents, affiliates, subsidiaries, employees, agents, attorneys, directors and shareholders), cumulative total liability to you (whether in contract, tort or otherwise), if any, in relation to the Game shall be limited in aggregate to the greater of:</p>
<ol type="i">
<li>
<p>$50 (fifty) New Zealand Dollars; and</p>
</li>
<li>
<p>a refund of in-App or in-Game purchases made by you at the purchase price.</p>
</li>
</ol>
</li>
</ol>
</li>
<li>
<p><a name="_Ref158286806"></a> Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from our gross negligence or wilful fraud or any other liability which cannot be excluded or limited under New Zealand Law.</p>
</li>
</ol>
</li>
</ol>
<ol start="19">
<li>
<p><strong>No guarantees or promise of future services</strong></p>
<ol>
<li>
<p>The Futureverse team intend to continually develop the Game, and to grow the communities associated with this Game. Our Roadmap (as presented on the Website) and <a href="https://www.futureverse.com/research-item/whitepaper">Futureverse Whitepaper</a> outline these and other goals we aim to accomplish.</p>
</li>
<li>
<p>While we fully intend to accomplish those goals, we cannot make any guarantee of further developments. By minting, managing or owning Digital Collectibles or by acquiring or dealing in ASTO, participating in the mint or using any associated smart contracts, You agree that You are not relying on any future commitments from Futureverse.</p>
</li>
<li>
<p>Further, you agree to the following:</p>
<ol type="a">
<li>
<p>The Digital Collectibles are not meant to be an investment. We make no claim or guarantee that your Digital Collectible will be worth anything in the future. You understand that they should be treated solely as Digital collectibles.</p>
</li>
<li>
<p>ASTO are not meant to be an investment. We make no claim or guarantee that your ASTO will be worth anything in the future.</p>
</li>
<li>
<p>You are entirely responsible for any tax liability which may arise from minting, managing or reselling Digital Collectibles acquired via this Website and/or the App, or acquiring or selling ASTO.</p>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol start="20">
<li>
<p><strong>Reporting misconduct</strong></p>
<ol>
<li>
<p>If you consider anyone is acting or has acted inappropriately, including but not limited to anyone who:</p>
<ol type="a">
<li>
<p>engages in offensive, violent or sexually inappropriate behaviour; or</p>
</li>
<li>
<p>engages in any other disturbing conduct; or</p>
</li>
<li>
<p>appears to be in breach of these Terms, you should immediately report that person to the appropriate authorities and then to us by contacting us via email privacy@futureverse.com</p>
</li>
</ol>
</li>
</ol>
</li>
</ol>
<ol start="21">
<li>
<p><strong>Complaints</strong></p>
<ol>
<li>
<p>Please submit your complaints to our portal at privacy@futureverse.com</p>
</li>
</ol>
</li>
</ol>
<ol start="22">
<li>
<p><strong>Technical support</strong></p>
<ol>
<li>
<p>If you need technical support, please submit your query to our support team at support@thenextlegends.xyz</p>
</li>
</ol>
</li>
<li>
<p><strong>Suspension and termination </strong></p>
<ol>
<li>
<p>We may suspend and/or terminate your FuturePass account and access to the Game at any time if we consider, acting reasonably, that you are in breach of these Terms or we otherwise suspect that you are using the Game to engage in any form of illegal, illegitimate, unethical or offensive conduct (such as money laundering or fraud), or where we are required to do so to meet our own legal requirements.</p>
</li>
</ol>
</li>
<li>
<p><strong>Variation to Terms</strong></p>
<ol>
<li>
<p>We may update, amend or otherwise modify these Terms from time to time. We will notify you via the Game or by posting the updates to these Terms on our Website. Any use of or access to the Game after the effective date of any amendment will constitute your deemed acceptance of the updated Terms. If you do not agree with any amendment to these Terms you must stop using the Game and you may be prevented from using the Game.</p>
</li>
</ol>
</li>
<li>
<p><strong>Notices</strong></p>
<ol>
<li>
<p>We may provide you with notices, information and correspondence via electronic communications, including by email or posting notifications in the Game.</p>
</li>
</ol>
</li>
<li>
<p><strong>General</strong></p>
<ol>
<li>
<p>In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the Game, the provisions of these Terms shall prevail.</p>
</li>
<li>
<p>In the event these Terms conflict with the License Agreement the License Agreement shall prevail (to the extent of such inconsistency).</p>
</li>
<li>
<p>You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these Terms. We may assign or transfer any right or obligation, or subcontract the performance of any of our obligations, under these Terms to any third party at any time without your consent.</p>
</li>
<li>
<p>If any provision contained in these Terms is held to be invalid or unenforceable by any competent authority, all other provisions of these Terms will remain in full force and effective and will not in any way be impaired.</p>
</li>
<li>
<p>A failure to enforce and provision of these Terms shall not constitute a waiver of such provision unless it is in writing and signed by the party providing the waiver.</p>
</li>
<li>
<p>Where these Terms and have been translated from English into other languages, in the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.</p>
</li>
<li>
<p>These Terms are governed by New Zealand law.</p>
</li>
</ol>
</li>
</ol>
</div>
<p>‍</p>