1           APPLICATION OF TERMS

1.1       These Terms apply to your use of the Metavert website, which is a service of Metavert LLC, a limited liability company organized under the laws of the state of Wyoming in the United States of America.  By accessing and using the Website:

a            you agree to these Terms; and

b            where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2       If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.  

2           CHANGES

2.1       We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms. 

2.2       We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3      These Terms were last updated on July 3, 2024.

3           DEFINITIONS

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person, and includes personal data, personally identifiably information and equivalent information under applicable privacy and data protection laws

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material belonging to us that underlies or is connected to the Website 

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Metavert LLC.

Website means the services and content of metavert.io and any other domains pointing to the same content.

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4           YOUR OBLIGATIONS

4.1       You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2       If you are given a User ID, you must keep your User ID secure and:

a            not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b            immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@metavert.io 

4.3       You must:

a            not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

b            unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

c        defend, indemnify, and hold us harmless, including our subsidiaries, affiliates and all of our officers, managers, employees, agents from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of (a) the use of the Website, (b) breach of these Terms, (c) your violation of the rights of a third party, (d) any harmful act directed towards this Website or another user.

5           INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, trademarks, avatars, icons, sound recordings, videos and look and feel), and the Underlying Systems.

“Metavert” is a registered trademark filed in the United State, and the Metavert logo is a pending trademark. These trademarks are our property and may not be used without permission. The names of other companies, products and services are the property of their respective owners.

Some content on the Website may be available under the Creative Commons Attribution license. For pages marked as Creative Commons Attribution, you agree to (a) indicate that the source material was created by Metavert, and (b) provide a link to the original material on this website if you duplicate any portion of it. For the sake of clarity, the following are never considered part of a Creative Commons license: (a) our logos and trademarks, even if appearing on a page otherwise containing Creative Commons licensed content, (b) pages that do not contain a Creative Commons license, (c) content belonging to a third party.

6           DISCLAIMERS

6.1       To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a            the Website being unavailable (in whole or in part) or performing slowly;

b            any error in, or omission from, any information made available through the Website;

c            any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d            any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators;

e. All Content here is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing here constitutes professional and/or financial advice, nor does any information here constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information here before making any decisions based on such information. At no point does this information provide any expectation of potential profitability for any entity and/or asset.

6.2       We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws. 

7           LIABILITY

7.1       To the maximum extent permitted by law:

a            you access and use the Website at your own risk; and

b            we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2       To the maximum extent permitted by law and only to the extent clauses 7.1 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed any amounts you have actually paid to us.

7.3. For notifications under the Digital Millennium Copyright Act (DMCA), the registered agent may be reached at copyright@metavert.io or via mail at: Jonathan Radoff, Metavert LLC, 30 N Gould St Ste 21426, Sheridan, WY 82801.

8           PRIVACY POLICY  

We maintain a Privacy Policy, which is located at: https://www.metavert.io/privacy-policy

9           SUSPENSION AND TERMINATION

9.1       Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

9.2       On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10        GENERAL

10.1     If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.

10.2     These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the law of the Commonwealth of Massachusetts. The parties agree that any dispute regarding this Website shall first be attempted to be settled through negotiation and/or mediation via the rules for mediation under the American Arbitration Association for a period of ninety (90) days. Failing such period of negotiation or mediation, then any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If for any matter that requires a court proceeding, each party submits to the exclusive jurisdiction of the Courts of Massachusetts in relation to any dispute connected with these Terms or the Website. Notwithstanding the foregoing, we shall not be required to negotiate, arbitrate or mediate in any situation involving violations of our intellectual property rights, and shall be entitled to seek injunctive relief to protect our intellectual property.

10.3     For us to waive a right under these Terms, the waiver must be in writing.

10.4     Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, and 10.1, continue in force.

10.5     If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

10.6     These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.