TERMS OF USE

Terms of Use

1. Acceptance of Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Nawee Inc. (“we”, “us”, or “our”), concerning your access to and use of the www.futuverse.com website (“Site”) and any related ecosystems, including downloadable applications, non-downloadable entertainment solutions, educational and gaming systems, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).

The Platform includes applications that currently operate on the Polygon Network (the “Blockchain”), using smart contracts (each, a “Smart Contract”) to enable users to own, transfer, and use digital assets (“Assets”) such as digital parcels, avatars, wearables, and other non-fungible tokens (“NFTs”). These Assets can be visualized on the Site or the Platform. Using the Platform, users can view their Assets and use Smart Contracts to acquire, trade, and use their Assets with other Platform users (“Users”).

We are only willing to make the Platform available to you if you accept all these terms of use. By using the Platform or any of our products, you agree to be bound by all these terms of use. If you do not agree with all of these terms of use, you are expressly prohibited from using the Platform.

Supplemental terms and conditions or documents that may be posted on the Site, the Platform, and the Smart Contracts from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the “Changes” section of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Platform, Site, and the Smart Contracts after the date such revised Terms of Use are posted.

The Platform is intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Platform, the Site, and the Smart Contracts. By accessing or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Platform and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

By accessing or using the Site and Platform, you agree to be bound by the following Terms of Use. Please review them carefully. If you do not agree with these terms, you should not use the Platform. Your access to or use of the Platform signifies your acknowledgment and agreement to these Terms of Use and any additional terms referenced or accessible via hyperlink. These Terms apply to all users of the Platform, including browsers, vendors, customers, merchants, and content contributors.

You agree to use the Platform only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Platform. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Platform.

2. Changes to Terms

We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

3. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
• Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Platform;
• Transmitting spam, chain letters, or other unsolicited email;
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
• Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Uploading invalid data, viruses, worms, or other software agents through the Platform;
• Collecting or harvesting any personally identifiable information, including account names, from the Platform;
• Transact from or within an OFAC-Sanctioned country or any country sanctioned by the United States Department of Treasury.
• Using the Platform for any commercial solicitation purposes;

The following activities are also prohibited inside the Platform:

• Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords. Attempt to impersonate another user or person or use the username of another User.
• Make any unauthorized use of the Site, the Platform, and the Smart Contracts, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Platform for advertising or offering to sell goods and services unless previously agreed in writing with the Platform.
• Engage in any practice that aims to manipulate the outcome of the Platform simulations, including using the same Assets across multiple accounts to bypass the limitation of Assets per Account or to sell or otherwise transfer your Profile.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the Platform, and the Smart Contracts.
• Interfere with, disrupt, or create an undue burden on the Site, the Platform, and the Smart Contracts or the networks or services connected to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan, or other material, including excessive use of capital letters and spamming that interferes with the use and enjoyment of the Site, the Platform, and the Smart Contracts. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
• Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data scraping gathering and extraction tools. Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the Platform, and the Smart Contracts, or using or launching any unauthorized script or other software.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, the Platform, and the Smart Contracts. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Engage in unauthorized framing of or linking to the Site, the Platform, and the Smart Contracts.
• Use the Site, the Platform, and the Smart Contracts as part of any effort to compete with us or otherwise use the Site, the Platform, and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material that:
  • Is or may be illegal, such as piracy, criminal activity, terrorism, obscenity, child pornography, and illegal drug use;
  • Contains any material that in our sole discretion is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or that could harm, harass, promote or condone violence against, or that is primarily intended to incite hatred of, animals, or individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity;
  • Contains someone else’s private or confidential information without permission;
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
  • Violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under Applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy;
  • Is likely to deceive or confuse any person; or
  • Promotes or could be construed as primarily intended to evade the limitations above.

4. Futuverse™ Code of Conduct

4.1 Code of Conduct:

Welcome to the Futuverse™! Our goal is to create a safe, respectful, and inclusive environment for all users. By participating in the Futuverse™, you agree to abide by this Code of Conduct:

1. Respect and Inclusivity
   • Respect Others: Treat all users with respect. Harassment, bullying, or discrimination of any kind will not be tolerated.
   • Inclusivity: Embrace diversity and promote inclusivity. Discrimination based on race, ethnicity, nationality, religion, gender, sexual orientation, age, disability, or any other protected characteristic is strictly prohibited.
   • Collaboration: Work together to build a positive and supportive community.
   • Innovation: Encourage creative expression and exploration within the boundaries of this Code of Conduct.
   • Responsibility: Hold yourself accountable for your actions and words within the Futuverse™.
   • Safe Environment: Do not engage in or promote hate speech, violence, or any harmful behavior.
   • Personal Boundaries: Respect personal space and boundaries. Do not engage in unwanted interactions or physical contact within the platform.
2. Integrity and Authenticity
   • Authentic Identity: Use your real identity and provide accurate information. Impersonation of others is prohibited.
   • Honesty: Do not engage in or promote fraudulent activities, including scams and phishing.
   • Misrepresentation: Do not misrepresent yourself or your affiliations within the platform.
3. Privacy and Data Protection
   • Respect Privacy: Do not share personal information of others without their consent. This includes but is not limited to addresses, phone numbers, and financial information.
   • Data Security: Protect your own and others’ data. Report any security vulnerabilities or breaches immediately.
   • Recording and Screenshots: Do not record or take screenshots of interactions in private environments without the consent of all parties involved.
4. Content Guidelines
   • Appropriate Content: Ensure that all content shared within the Platform is Appropriate for a general audience. Content that is obscene, pornographic, or otherwise inappropriate is not allowed.
   • Intellectual Property: Respect intellectual property rights. Do not share or use content without permission from the rightful owner.
   • Misinformation: Do not spread false information or misinformation. Ensure that the content you share is accurate and truthful.
5. Prohibited Conduct
   • Harassment and Bullying: Do not engage in or encourage harassment, bullying, or threats. This includes offensive language, bullying, threats, intimidation, hate speech, and any form of discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
   • Violence and Threats: No threats of violence or incitement to violence are tolerated.
   • Hate Speech: Do not post or promote content that incites hate, violence, or discrimination. Promoting or endorsing violence or hatred against individuals or groups is strictly prohibited.
   • Illegal Activities: Any form of illegal activity, including but not limited to drug trafficking, human trafficking, and terrorism, is strictly prohibited.
   • Fraud and Deception: Misrepresenting yourself or engaging in scams is not permitted.
   • Spamming: Do not send unsolicited messages or spam. Avoid repetitive and disruptive behaviors. Spamming or sending unsolicited messages to other users is disruptive and disrespectful.
   • Exploitation and Abuse: Do not exploit or abuse others, including taking advantage of vulnerabilities or disabilities. Exploiting bugs or glitches within the platform for personal gain is not allowed.
   • Griefing and Disruption: Deliberately disrupting the platform or interfering with other users’ enjoyment is prohibited.
   • Doxxing: Sharing private or identifying information about others without their consent is a violation of privacy.
   • Misinformation: Do not spread false information that can damage the integrity of the platform and the science-base community behind the Futuverse™.

1. Community Governance
   • Voting on Rules: Citizens of the Platform will have the ability to vote on certain rules and regulations within the Platform. This ensures that governance is democratic and reflects the community’s values.
   • Participation: Engage in community discussions and votes in a respectful and constructive manner.
   • Transparency: All governance decisions and processes will be transparent and accessible to all members.
2. Enforcement and Reporting
   • Reporting Violations: Report any violations of this Code of Conduct to the Platform’s support team. All reports will be reviewed, and Appropriate actions will be taken.
   • Consequences: Violations of this Code of Conduct can result in a range of actions, including warnings, suspension, or termination of membership and Platform access.
   • Zero Tolerance: The Platform has a zero-tolerance policy for severe violations, such as harassment, hate speech, and illegal activities.
   • Enforcement: The Platform reserves the right to take Appropriate action against users who violate this Code of Conduct, including warnings, temporary or permanent suspension of their Ecosystem ID NFT rights and membership privileges, and reporting to law enforcement if necessary.

4.2 Appeals Process for violations of the Code of Conduct

If you believe a decision regarding a violation of this Code of Conduct was incorrect, you have the right to Appeal. Appeals will be reviewed thoroughly and fairly.

If you believe your membership or Ecosystem ID NFT rights have been suspended unfairly, you may initiate the Appeals process as outlined in the Platform Terms of Use. This section outlines the Appeals process available to Ecosystem ID holders (“Explorers”, “Citizens” or “Founding Citizens”) if the Platform terminates your membership and/or NFT rights due to alleged violations of the Code of Conduct or Licensing Agreement of the Ecosystem ID (called “Onteco ID” for the first Futuverse world in Onteco Mars).

Steps in the Appeals Process:

1. Initial Contact:
   • If you receive notification of a termination, carefully review the details of the alleged violation(s).
   • Within 14 days of receiving the termination notice, submit a written Appeal to the Platform through the designated channel within the Futuverse™ platform.
   • The Appeal should clearly state your reasons for contesting the termination and provide any relevant evidence or mitigating factors.
2. Review and Response:
   • The Platform will review your Appeal within a reasonable timeframe (typically 30-90 business days).
   • The Platform may request additional information or clarification during this review process.
   • You will receive a written response from The Platform outlining the decision on your Appeal.
3. Possible Outcomes:
   • Appeal Upheld: If your Appeal is successful, The Platform will reinstate your membership and Ecosystem ID NFT rights. You will receive a notification confirming this reinstatement.
   • Appeal Denied: If your Appeal is denied, the termination decision will stand. The Platform will provide a clear explanation for the denial in the written response.
   • Further Escalation: the decision of the Platform will be considered Final, and no further escalation will be possible if an appeal is denied.

Additional Considerations:

• Timeliness: It’s crucial to submit your Appeal within the designated timeframe (14 days) to ensure it’s considered.
• Evidence and Clarity: The strength of your Appeal hinges on presenting clear and compelling evidence to refute the alleged violation(s).
• Confidentiality: The Platform will maintain the confidentiality of the Appeals process to the extent possible.
• Updates to Process: The Platform reserves the right to modify this Appeals process with prior notice to the users. Any updates will be communicated through the Platform Terms of Use.

• Amendments and Updates Code of Conduct

This Code of Conduct may be updated from time to time. Members will be notified of any significant changes. Your continued use of the Platform constitutes acceptance of the updated terms.

Significant changes to the Code of Conduct will be open to community input and feedback. For any questions or concerns regarding this Code of Conduct, please contact us at community@futuverse.com.

5. User Accounts, Registration and Transactions

To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

Some or all of the Services and certain features or functionalities may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy.

You hereby authorize the Platform to create an account on your behalf that will be integrated with your Platform user account. Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat your account access credentials as confidential and will not disclose them to any third party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account, password, or any other breach of security prior to initiating a chargeback or refund. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park, cafe, or public library, so that others are not able to view or record your access credentials or other personal information. We encourage you to use a unique password with the Platform and a password manager.

You may not impersonate someone else to create an account or through your username, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own.

You are prohibited from using multiple accounts for the same Service of the Platform. In order to ensure we can protect and properly administer the Services and our community of users, the Platform has the right to put your account into hibernation, cancel your Membership within the Platform, and exclude you temporarily, partially, or completely from the Services and to sanction some or all of your transactions. Please refer to the “Futuverse code of Conduct” below.

You are not allowed to set a username that includes the names of any members of the Platform, offensive language, hate speech, domain names, or URLs of copyright-protected names. You are not allowed to use VPN services to access the Platform from a different country. The Platform reserves the right without notice, explanation, or liability to:

• Restrict or remove your ability to freely set a Username.
• Disallow any specific Username or Crypto wallet.
• Edit any specific Username.

By using the Site, the Platform, and the Smart Contracts, you represent and warrant that:

• Your use of the Site, the Platform, and the Smart Contracts will be according to the Code of Conduct indicated above.
• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity, and you agree to comply with these Terms of Use.
• You are not a minor in the jurisdiction in which you reside.
• You are responsible for the actions of any other person using your Account on your behalf.
• You have not been included in any trade embargoes or economic sanctions list, such as the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the United States Department of the Treasury) or the denied persons or entity list of the United States Department of Commerce.

Any purchases from the Site, such as the Marketplace, will be done through credit cards or smart contracts on the Blockchain using a wallet like Metamask. Any financial transactions that you engage in will be conducted solely through the financial solutions provided by the Platform, such as Stripe or through Blockchain via a wallet such as MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the Platform or using the Smart Contracts, or any other transactions that you conduct via the Blockchain network.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person’s use of your password to gain access to your Account. You acknowledge that in the event of any unauthorized use of or access to your Account, password, or other breach of security, you accept that due to the nature of the Platform, we will be unable to remedy any issues that arise.

The Blockchain network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the decentralized Blockchain network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Platform.

In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the Platform, you authorize us to collect a standard commission of 5% of the total value of that transaction (each, a “Commission” or “Marketplace Transaction Cost”). In some particular cases, like the early Assets available at the Platform, the Marketplace Transaction Cost may vary depending on the type of Asset, and it could be a maximum of 10% Commission. You acknowledge and agree that the Commission will be transferred directly to us as a part of the transaction.

From all Commissions that we receive, we will spend a percentage of such Commissions (“Donations”) on supporting the work of Non-Profit Organizations (“NPO”) related to Enhancing Education and fighting Climate Change and Social Inequality. We will be solely responsible for selecting one or many NPO for such Donations.

Additionally, please be aware that transactions in third-party NFT marketplaces (inside or outside the Platform) may be subject to the fees charged by said third-party marketplaces as per their respective terms and conditions. We shall have no liability whatsoever regarding transactions conducted in third-party marketplaces.

You will be solely responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Platform (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or use of any of your Assets).

6. Assumption of Risk

You accept and acknowledge each of the following:

1. The prices of digital assets in the Blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Assets will not lose money.
2. You are solely responsible for determining what, if any, taxes Apply to your Asset-related transactions. We are not responsible for determining the taxes that Apply to your transactions on the Platform, the Site, or the Smart Contracts.
3. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to Information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Blockchain network, however caused.
4. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of our ecosystem and therefore the potential utility or value of the Assets.
5. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of our ecosystem, and therefore the potential utility or value of the Assets.
6. Upgrades on the software or Blockchain associated with the Smart Contracts may have unintended, adverse effects on all Assets.

7. No Investment Advice

The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website’s content as such. The Platform does not recommend that any cryptocurrency should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions.

The Services are provided solely for entertainment and educational purposes. The Platform does not provide investment advice, and no information on the Services or Products of the Platform or in the promotion of the Platform should be interpreted as investment advice.

Digital Assets inside the Platform (“Assets”, or “Virtual Assets”) are intangible digital assets that exist only by virtue of the ownership record maintained in the Blockchain network. SHOULD YOU CHOOSE TO ACQUIRE VIRTUAL ASSETS, YOU ACKNOWLEDGE THAT THERE IS NO ASSURANCE THAT SUCH ASSETS WILL MAINTAIN THEIR VALUE OR INCREASE IN VALUE. No regulatory authority has endorsed the contents of this document. The Platform, Nawee Inc, and its team disclaim all liability for any direct or indirect losses incurred due to the use of this information.

8. Virtual Assets

The Platform’s virtual assets may be deployed in a Blockchain network through a Smart Contract. The Platform may alter the blockchain network for its digital assets without obligation to deploy on any specific blockchain, disclaiming all responsibility for transactions on the blockchain smart chain or any third-party platforms.

8.1 Fungible Tokens Acknowledgements

Platform mechanics depend upon our maintenance of the ecosystem economy to properly incentivize creation and use of Platform assets. Accordingly, the amount of “Futuros”, “Power Units” and other resources required to create any digital asset may vary. The value of Futuros, Power Units may change, and we caution against holding Futuros, Power Units as anything other than an in-game resource.

Futuros will be able to be purchased in the Platform Marketplace or distributed via other methods. In the future, Users may convert Power Units tokens into the ERC20 token Futuros upon complying with the bridging protocol requirements. Futuros and Power Units do not constitute financial instruments or security tokens.

8.2 Non-Fungible Tokens (NFT) Acknowledgements

We may offer NFTs themed on virtual real estate, events and/or real/fictional characters. We may also introduce or alter existing features that pair with this NFT within the Platform. We reserve the right to alter related features to better fit our vision of how these NFTs fit the theme before, during, and after the sale of the NFT as we see fit. Information provided about the odds of obtaining an NFT after a sale, whether sold as a standalone item or within a pack of multiple items, is subject to change at any time without notice and is in no way a guarantee of what will be sold to the customer.

WE OFFER VIRTUAL PROPERTIES AND VIRTUAL ASSETS IN THE SERVICES TO USERS TO PURCHASE ON A FIRST COME-FIRST SERVED BASIS. ONCE A VIRTUAL PROPERTY OR ASSET HAS BEEN PURCHASED BY A USER IN THE SERVICES, THE PLATFORM NO LONGER HAS ANY VIRTUAL OWNERSHIP OF THIS VIRTUAL PROPERTY.

8.3 Onteco ID and MIRS NFT Terms of Use and Licensing Agreement

Inside the Platform, you may be able to purchase or acquire NFTs called Ecosystem ID (also referred as Onteco ID for those related to the first Futuverse digital world on Mars), and MIRS™. Below are the terms of use and license regarding these specific NFTs:

8.3.1 Onteco ID NFT Licensing Agreement:

• Name: ONTECO ID
• About this Onteco-ID Utility NFT: Onteco ID is the first Ecosystem ID inside the Futuverse™, encompassing any digital or physical environment (“Platform”) associated with the vision and solutions behind Futuverse™.
• Terms: By purchasing this “Onteco ID” Non-Fungible-Token (“NFT”), you (“User” or “You”) become part of the Platform’s Community (“Member”), provided you comply with the “Code of Conduct.” We are happy and thankful for your decision to become a Member.
• Onteco ID Intellectual Property: Futuverse™ and Onteco™ are trademarks of Nawee Inc (“Nawee”). The intellectual property rights contained in this NFT belong to Nawee. Ownership of this NFT by You, conditional upon compliance with the “Code of Conduct,” grants You the right to sell, donate, promote, and use the content of this NFT within the Platform. Ownership of this NFT does not confer rights to other inventions, trademarks, copyrights, or patents associated with Nawee or the Platform. Whenever this NFT is transferred, Nawee will receive a 5% royalty payment of its transfer value, as detailed in the smart contract.
• Code of Conduct: Extreme environments require cooperation and care for each other and our environment. As a simulation of extreme environments, the Platform’s community adheres to a set of basic rules, practices, and principles. Each Member must comply with applicable local and international laws. Additionally, each Member is required to exhibit social responsibility, including prohibitions on child or forced labor, harassment and abuse, discrimination, name and likeness theft, and claiming ownership of intellectual property created by others. If You violate this Code of Conduct, even without a formal written contract between Nawee and You, Nawee reserves the right to cancel the rights indicated in the “Onteco ID Intellectual Property” section, resulting in the cancellation of Your Member status inside the Platform. Members have the right to appeal decisions regarding Code of Conduct violations through the process detailed in the Terms of Use of the Platform.
• Jurisdiction and Governing Law: This agreement is governed by the laws of the United States. Any disputes arising from or related to this agreement shall be resolved in the courts of Delaware, United States.
• Encouragements: Although not mandatory, Members are encouraged to be mindful of the environmental impact of their activities inside and outside the Platform. This includes preserving biodiversity, managing waste properly, eliminating air, water, and soil pollution, reducing greenhouse gas emissions (with an emphasis on renewable energies), reducing water and energy consumption, and managing hazardous chemicals safely.

8.3.2 MIRS™ NFT Licensing Agreement:

• Name: MIRS™
• About this MIRS™ Utility NFT: MIRS represents a digital apartment (Minimum Individual Residential Space) within the Futuverse™, encompassing any digital or physical environment (“Platform”) associated with the vision and solutions behind Futuverse™. By owning one of the First-Generation “MIRS” Non-Fungible-Tokens (“NFT”), you (“User” or “You”) own a digital MIRS inside Onteco Mars.
• MIRS Intellectual Property: Futuverse™ and Onteco™ are trademarks of Nawee Inc (“Nawee”). The intellectual property rights contained in this NFT belong to Nawee. Ownership of this NFT by You, grants You the usage rights for as long as you own the MIRS NFT to sell, rent, donate, promote, and use the content of this NFT within the Platform. The ownership of this NFT does not confer rights on the architectural and interior designs represented in the MIRS. Additionally, Ownership of this NFT does not confer rights to other inventions, trademarks, copyrights, or patents associated with Nawee or the Platform. Whenever this NFT is transferred, Nawee will receive a 5% royalty payment of its transfer value, as detailed in the smart contract.
• MIRS as a path for Citizenship inside the Platform: To fully utilize this digital asset within the Platform, you must also be a member of the Platform’s Community by owning an Ecosystem ID. To become a Platform’s Citizen, you need to own at least one MIRS and be a Member by owning an active and valid Ecosystem ID. To be a Member of Onteco Mars, you need an “Onteco ID” and must comply with the Code of Conduct. Any Member owning at least one MIRS and an Ecosystem ID has voting rights associated with Citizens within the Platform. Each MIRS grants one vote, but a single Member cannot own more than 20 MIRS.
• Code of Conduct: Extreme environments require cooperation and care for each other and our environment. As a simulation of extreme environments, the Platform’s community adheres to a set of basic rules, practices, and principles. Each Member must comply with applicable local and international laws. Additionally, each Member is required to exhibit social responsibility, including prohibitions on child or forced labor, harassment and abuse, discrimination, name and likeness theft, and claiming ownership of intellectual property created by others. If You violate this Code of Conduct, even without a formal written contract between Nawee and You, Nawee reserves the right to cancel the rights indicated in the “Onteco ID Intellectual Property” section, resulting in the cancellation of Your Member status inside the Platform. Members have the right to appeal decisions regarding Code of Conduct violations through the process detailed in the Terms of Use of the Platform.
• Losing Membership due to Non-compliance with the Code of Conduct: Membership and Onteco ID can be revoked for violations, but the License of this MIRS NFT cannot be revoked. If you lose your Membership status due to non-compliance with the Code of Conduct, you will retain the rights associated with this MIRS NFT, but may lose the rights of your “Onteco ID” and, consequently, Citizenship, its associated voting rights, and other Utilities.
• Jurisdiction and Governing Law: This agreement is governed by the laws of the United States. Any disputes arising from or related to this agreement shall be resolved in the courts of Delaware, United States.
• Encouragements: Although not mandatory, Members are encouraged to be mindful of the environmental impact of their activities inside and outside the Platform. This includes preserving biodiversity, managing waste properly, eliminating air, water, and soil pollution, reducing greenhouse gas emissions (with an emphasis on renewable energies), reducing water and energy consumption, and managing hazardous chemicals safely.

9. Intellectual Property

By using the Platform, you agree that all content created, uploaded, or shared by you on the Platform remains your property. However, by posting content to the Platform, you grant us a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your content on the Platform solely for the purposes of operating, developing, providing, and using the Platform. This license continues even if you stop using our Platform, as further detailed below in the “UGC” section.

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Platform may be used by us without any obligation to compensate you for them. As between you and us, all content, trademarks, service marks, and logos contained within the Platform are the property of their respective owners, and your use of the Platform does not grant you any rights to such intellectual property.

9.1 The Platform’s Intellectual Property

The content provided by the Platform is copyrighted © 2020-2024 Nawee Inc.

Futuverse™ and Onteco™ are trademarks of Nawee Inc.

All materials contained on all sections of the Platform, except the content created by the users, including all text and images, are copyrighted and are protected worldwide by Applicable copyright laws and treaty provisions. All content included on the Platform, such as text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Nawee Inc or its content suppliers and protected by international copyright laws. The compilation of all content on this Platform is the exclusive property of the Platform and protected by international copyright laws.

You are not granted permission to use the “Futuverse” trade name, “Futuverse” logo, “Futuverse” trademark, service marks, or Futuverse product names. Similarly, you are not granted permission to use the “Onteco” trade name, “Onteco” trademark, service marks, or Onteco product names. All materials owned by us may not be published, reproduced, copied, modified, uploaded, transmitted, posted, or distributed without our prior written consent. We do not grant any express or implied right to you under any license, copyrights, patents, trademarks, or trade secret information unless previously agreed in writing.

The use of any image (photograph, illustration, computer rendering, etc.) created by us requires written permission from us and/or any other party, as Appropriate, unless previously agreed in writing. The copyrights of photos, images, videos, and ideas indicated in each user’s profile inside the Site’s section belong to each user/artist/creative studio/Platform (“Users”). All use of the Site is subject to the terms and conditions set forth below.

9.2 Credits

Futuverse™ App uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2024, Epic Games, Inc. All rights reserved.

9.3 Terms of Use for Onteco Logo

The Platform is a virtual environment that supports user-generated content (“UGC”). Users may use the “Onteco” logo in their creations within the Site and Platform, provided they comply with all Terms of Use to use the Onteco logo within the Site and Platform. Additionally, to use the Onteco name, you must follow these terms:

• Users may create NFTs, wearables, and names using the Onteco logo inside the Platform, provided they do not violate the Platform’s Content Policy and Terms of Use. Nawee Inc. does not prevent you from monetizing or obtaining profits from any content sold inside the Marketplace of the Platform or Platform. The NFT must be unique in design. We have the right to deny the use of the Onteco logo at our sole discretion in any case and at any time.
• We do not authorize the creation of NFTs using the Onteco logo outside our Platform. However, until our Marketplace is operational inside the Platform, at our sole discretion, we grant you the right to use the Onteco logo if you sell your digital content related to Onteco’s environment on the following third-party websites, as long as you refer to Onteco’s Site in your content, including a hyperlink to the Site:
  • OpenSea
  • Binance Marketplace
  • NFT LaunchPad
  • Rarible
  • SuperRare
  • Nifty Gateway
  • Mintable
  • KnownOrigin
  • MakersPlace
  • BakerySwap
  • AtomicMarket
  • Myth Market
  • Enjin Marketplace

We reserve the right to cancel the license to use Onteco’s logo on any or all of the above websites, at any time, even if the Marketplace in the Platform is not operational. The use of the Onteco logo is not allowed in other virtual platforms different from our digital Platform or in the physical world unless previously agreed in writing.

In all written materials relating to your product, press releases, websites, publications, etc., it must be made clear that you do not have any kind of affiliation, business partnership, or other official association with the Platform. Any paid advertisement that uses the Onteco logo is generally not allowed and must first be Approved by us. To seek such Approval, you can send an email to: partnerships@futuverse.com

Subject to these terms, you can use the Onteco Logo to promote your content as long as it doesn’t confuse consumers and as long as it is not used as the name of a Platform or any kind of merchandise or product. In other words, you can use the “Onteco” Logo inside the Platform and you can use the Onteco Logo to show your interest in the Platform.

Subject to these terms, you are only allowed to use the logo design Approved by us. We may alter the form of this design from time to time. You are allowed to resize the logo as long as you do not modify the proportions. Otherwise, you cannot modify the logo design in any way and must abide by these terms.

The use of the Onteco logo cannot be associated with anything that violates the rights of other third parties’ intellectual property, creates brand confusion, has harmful or objectionable aspects, or does not comply with Applicable laws or any of our guidelines, terms, or rules. We have the right to decide (in our sole discretion) whether the use is acceptable.

You must not use the Onteco logo in any manner that is likely to have an adverse effect on the reputation of the Site, the Platform (as we may determine in our sole discretion). You may not use the Onteco logo in any way that suggests that you are affiliated with the Platform, or in any way that suggests that we sponsor or endorse your usage.

These terms permit you to use the Onteco logo only in the ways described above. We may withdraw or change this permission at any time for any reason. Other uses of the Onteco logo require our express written Approval.

9.4 Third-Party Intellectual Property

The Site may contain information on third-party websites. We do not author, edit, or monitor these other sites. We are not responsible for the protection of personal information on other sites, for the accuracy or availability of information provided on other sites, nor do we control or endorse the content, products, advertising, or other materials presented on these other sites. You release us from any claims arising out of or in any way connected with any dispute you may have with another site.

The visitor and user to the Platform further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods, or services available on or through any such resource.

If you believe in good faith that materials or content on the Site may infringe your copyright or trademark rights, or if you own any of the content and you do not want such content to be recommended by our Platform, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Please contact legal@futuverse.com

The notice must include the following information:

• (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Platform are covered by a single notification, a representative list of such works);
• (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
• (d) information reasonably sufficient to permit us to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party;
• (e) a statement that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
• (f) a statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9.5 User-Generated Content (“UGC”)

By submitting content to the Platform, you retain ownership of any intellectual property rights that you hold in that content. However, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation and promotion of the Platform (and its successors’ and affiliates’).

You understand and acknowledge that you alone are responsible for the content that you submit or transmit to, though, or in connection with the Platforms that you publicly display or display in your account profile (collectively, “Your Content”), and you, not the Platform, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, Appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable.

We have no duty to store copies of Your Content for future availability to you or any user except as otherwise provided under these Terms. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. This includes usernames and avatar images (such as Block Explorers).

You may not imply that Your Content is in any way sponsored or endorsed by the Platform. You represent and warrant that Your Content does not violate these Terms. We reserve the right to remove Your Content, in whole or in part, without prior notice, for any reason or for no reason at all, or to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to Your Content in any manner that we may determine, whenever we deem it Appropriate. We also reserve the right to decide whether Your Content is Appropriate and complies with these Terms.

If you believe any content on the Platform infringes your intellectual property rights, please contact us at legal@futuverse.com with detailed information about the alleged infringement.

10. Disclosures

You acknowledge and agree that you assume full responsibility for your use of the Site and Platform. You acknowledge and agree that any information you send or receive during your use of the Site and Platform may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Site and Platform is at your own risk.

You acknowledge and agree that the Platform are provided “as is” and “as available” without warranties of any kind, whether express or implied. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by Applicable law, neither Platform, its directors, officers, employees, nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data, or other tangible or intangible losses or any other damages based on contract, tort, strict liability, infringement of intellectual property, or theft or misappropriation of property or any other theory (even if we have been advised of the possibility of such damages), resulting from the Site or Platform; the use or the inability to use the Site or Platform; unauthorized access to or alteration of your transmissions or data; statements, content or conduct of any third party on the Site or Platform; any actions the foundation takes or fails to take as a result of communications you send; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the tools); any injury or damage to computer equipment; inability to fully access the Site or Platform; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or Platform.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not Apply to you.

We hereby expressly disclaim, waive, release, and renounce all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement.

Without limiting the generality of the foregoing, Platform, its directors, officers, employees, and licensors do not represent or warrant to you that: (i) your access to or use of the tools will meet your requirements; (ii) your access to or use of the Site or Platform will be uninterrupted, timely, secure, or free from error; (iii) usage data provided through the Site or Platform will be accurate; (iv) the Site or Platform or any content, services, or features made available on or through the Site or Platform are free of viruses or other harmful components; or (v) that any data that you disclose when you use the tools will be secure.

You accept the inherent security risks of providing Information and dealing online over the Internet, and agree that Platform, its directors, officers, and employees have no liability or responsibility for any breach of security unless it is due to its gross negligence.

Platform, its directors, officers, and employees will not be responsible or liable to you for any losses you incur as the result of your use of the Blockchain network or the MetaMask or any other electronic wallet, including but not limited to any losses, damages, or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed Smart Contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) intellectual property infringement by the users; (e) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing, or other means of attack against the tools, Blockchain network, or the MetaMask or other electronic wallet.

Digital Assets inside the Platform (“Assets”) are intangible digital assets that exist only by virtue of the ownership record maintained in the Blockchain network. All Smart Contracts are conducted and occur on the decentralized ledger within the Blockchain platform. We have no control over and we make no guarantees or promises with respect to the ownership record or Smart Contracts. We make no offer or invitation to acquire, purchase, transfer, sell or otherwise deal in the Assets.

The Platform is not responsible for losses due to Blockchain or any other features of the Blockchain network or the MetaMask or other electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the Blockchain supporting the Blockchain network, including forks, technical node issues, or any other issues having fund losses as a result.

Some sections of the Platform may include the download of the content created by the users and available at the Platform to your device, which may be illegal in your country or offensive. Platform is not liable for such content. Content available in the Platform may redirect you to third-party links for which we are not responsible. You are solely responsible for all downloads of third-party content and data, and for all third-party links clicked on. Please note that by creating a user on the Platform you release us from any and all liability regarding the above-mentioned content, data or links and assume the risks described above.

11. Governing Law

These Terms and the relationship between You and Us (“Parties”) shall be governed by the laws of the United States, without regard to conflict of law provisions. For any dispute not subject to arbitration, The Parties agree to submit to the exclusive jurisdiction of the courts with seat in the city of Wilmington, Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

We reserve the right to change at any time or to choose which markets and jurisdictions to conduct our business and may restrict or refuse, at its sole discretion, the provision of our services in certain countries or regions.

12. Dispute and Arbitration

The Parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.

Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce.

The following shall Apply in respect of such arbitration:

• The number of arbitrators shall be three (one nominated by each party and one nominated by the ICC);
• The decision of the arbitrators will be binding and enforceable against the parties and a judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereto (provided that in no event will the arbitrator have the authority to make any award that provides for punitive or exemplary damages or to award damages excluded by these Terms or in excess of the limitations contained in these Terms);
• The seat, or legal place, of arbitration shall be Wilmington, Delaware; and
• The language to be used in the arbitral proceedings shall be English. Any documents submitted as evidence that are in another language must be accompanied by an English translation and the award will be in the English language. Claimants and respondents shall bear its or their own costs of the arbitration, including attorney’s fees, and share equally the arbitrators’ fees and ICC’s administrative costs. For purposes of cost sharing, all claimants shall be considered one party and all respondents shall be considered one party. The parties shall maintain strict confidentiality with respect to all aspects of any arbitration commenced pursuant to these Terms and shall not disclose the fact, conduct or outcome of the arbitration to any non-parties or non-participants, except to the extent required by Applicable Law or to the extent necessary to recognize, confirm or enforce the final award or decision in the arbitration, without the prior written consent of all parties to the arbitration.

Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either you or us may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

13. Class Action Waiver

The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and us agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

14. Indemnity

You shall release and indemnify, defend, and hold harmless Platform, and its officers, directors, employees, and representatives from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Platform or the Site, your violation of these Terms of Use, and any of your acts or omissions. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.

15. Limitation of Liability

To the fullest extent permitted by law, Nawee Inc. and its affiliates, directors, employees, agents, licensors, or service providers shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

(a) Your access to, use of, or inability to access or use the Platform; (b) Any conduct or content of any third party on the Platform, including defamatory, offensive, or illegal conduct; (c) Any content obtained from the Platform; or (d) Unauthorized access, use, or alteration of your transmissions or content.

We, our subsidiaries, affiliates, and licensors will not be liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if advised of the possibility of such damages.

Our total aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or inability to access or use) any portion of the Site, the Platform, and the Smart Contracts, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) the amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose, or (b) one hundred (100) US dollars.

We have made the Site, the Platform, and the Smart Contracts available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. We would not be able to provide the Site, the Platform, and the Smart Contracts to you without these limitations.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products. Therefore, the above limitations may not apply to personal injury claims.

The Platform may include content or services provided by third parties, or links to third-party websites. We do not control, endorse, or assume responsibility for any such third-party content, services, or websites. Your interactions with third parties, including payment and delivery of goods or services, are solely between you and the third party. We are not responsible for any loss or damage incurred as the result of any such interactions.

We do not warrant or guarantee the accuracy, completeness, or reliability of any third-party content or services available through the Platform. Any disputes you have with third parties must be resolved directly with them. You acknowledge and agree that we are not liable for any loss or damage arising from your reliance on information or services provided by third parties through the Platform.

16. Termination

These terms of use remain in full force and effect while you use the Platform, and the Smart Contracts associated with the Platform.

We reserve the right to terminate your use or participation in the Site, the Platform, and the Smart Contracts, or delete your account at our sole discretion, without warning. We may also deny access to the Platform and the Smart Contracts (including blocking certain IP addresses) to anyone at any time for any reason, including but not limited to breaches of any representations, warranties, or covenants in these terms of use or any applicable law or regulation. Furthermore, we may terminate or suspend your account and access to the Platform without notice or liability for any behavior that we determine violates these Terms of Use, is harmful to other users, us, or third parties, or for any other reason deemed necessary.

Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We will not be liable to you or any third party for any termination of your access to the Platform or suspension of your account. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your Account, we reserve the right to take Appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.