MindShiftMeta Terms of Service
1. Introduction and Agreement to Terms
These Terms of Service (the “Terms”) govern the relationship between you (“you,” “your” or “user”) and MindShiftMeta, a blockchain-based metaverse platform owned and operated by MSM, Inc. and its affiliates, subsidiaries, and related entities (collectively, “MSM,” “we,” “us,” or “our”). These Terms, along with our Privacy Policy and any other agreements or policies expressly referenced herein, set forth the legally binding conditions governing your access to and use of the MSM platform and its services, including but not limited to the platform itself, the assets created or exchanged within the platform, the games or interactive elements built using the platform’s tools, and any content, functionality, or services made available through the platform (collectively, the “Services”).
By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue the use of our Services. You also agree that any disputes arising from these Terms will be subject to binding arbitration, as outlined in Section 11, unless otherwise prohibited by local law.
1.1. Scope of the Services
The MSM platform offers a variety of blockchain-based services that allow users to create, buy, sell, and interact with virtual assets, such as non-fungible tokens (“NFTs”), in-game currencies, and land parcels. Users may create content such as games, virtual environments, and digital assets that can be monetized and traded on the MSM marketplace. MSM serves as a decentralized platform enabling ownership and interaction with digital assets in a persistent, evolving environment.
By participating in MSM, users engage in decentralized technology-based activities with an inherent risk, including the risks associated with the volatility of digital assets, the immutability of blockchain transactions, and potential regulatory shifts affecting blockchain and digital currencies.
1.2 Assumption of Risk and User Responsibilities
By accessing MSM, you expressly acknowledge the following:
- Blockchain Risk: MSM is built on decentralized blockchain networks (including but not limited to Ethereum, Polygon, etc.), which are subject to rapid change and inherent risks. Transactions executed through the blockchain are irreversible once confirmed and may involve risks such as fluctuating asset values, failed transactions due to network congestion, and potential exposure to bad actors (e.g., hacking, theft of private keys).
- Financial Risk: You acknowledge that participating in the MSM ecosystem, including purchasing NFTs, tokens, or other digital assets, involves financial risk. MSM does not guarantee any return on investment, appreciation of digital assets, or stability of asset prices. Digital currencies are inherently volatile, and their value may fluctuate widely within short periods of time. You assume all responsibility for evaluating such risks and understand that MSM is not liable for any financial losses you may incur.
- Technology Risk: MSM is built using various cutting-edge technologies, including blockchain, smart contracts, and decentralized systems. While we strive to maintain high security standards, MSM cannot guarantee that the platform will always be free from vulnerabilities, errors, or disruptions. You assume the risk that your digital assets may be exposed to cyberattacks, technical failures, and security breaches.
- Legal and Regulatory Risk: Blockchain technology and digital assets operate in a legal grey area in many jurisdictions, and regulations may vary or evolve. You are responsible for complying with all applicable laws in your jurisdiction, and MSM disclaims any liability for actions that may be illegal in your region. Changes in the regulatory environment could impact your ability to use the platform or result in restrictions on the trading or holding of digital assets.
1.3 Acceptance of Terms
By using or accessing the Services in any way, including but not limited to creating an account, purchasing NFTs, land, or digital assets, or using the MSM platform’s creation tools, you affirm that you are entering into a legal agreement with MSM, and you agree to abide by these Terms. This agreement will continue for as long as you use or access the Services, subject to any modifications made by MSM as detailed in Section 3 (Changes to Terms). Your use of the MSM platform constitutes your acceptance of these Terms and acknowledgment of the risks outlined in Section 1.2. If you do not agree to these Terms, your license to use the Services is automatically revoked, and you must immediately cease using the Services.
1.4 Electronic Communication and Signatures
When you use our Services, you consent to receive electronic communications from us, including but not limited to communications regarding updates, modifications to the Terms, and notifications of transactions. You agree that MSM may provide such communications via email, platform notifications, or any other method reasonably designated by MSM. You acknowledge that any electronic agreement, signature, or consent you provide will be legally binding and equivalent to a written agreement or signature. You further agree to maintain accurate and up-to-date contact information for electronic communications.
1.5 International Use
The Services are controlled and operated from facilities within the United States. We make no representations that the Services are appropriate or available for use in other locations. By using MSM outside the United States, you assume all risks associated with complying with local laws and regulations. You are solely responsible for determining whether accessing or using the Services in your jurisdiction is legal, and MSM disclaims any responsibility for users who access the platform from restricted areas. If you are a user accessing the Services from a jurisdiction where blockchain technologies, NFTs, or other digital assets are prohibited or restricted, you agree to comply with all applicable laws and acknowledge that MSM is not liable for any violations you may incur.
2. Eligibility
To access or use the Services, you must meet the following criteria. MSM has the right to enforce eligibility requirements and may, at its sole discretion, suspend or terminate access to any users who fail to meet these conditions.
2.1. Age Requirement
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to access or use the Services. By agreeing to these Terms, you represent and warrant that you meet this age requirement.
- Parental Supervision for Minors: If you are under 18, or under the legal majority age in your country of residence, you may access and use the MSM platform’s free tools (such as game creation or asset creation tools) only with the explicit consent and active supervision of a legal guardian. In such cases, both you and your legal guardian agree to be bound by these Terms. MSM reserves the right to require proof of parental consent at any time and may suspend or terminate a minor’s account if such proof is not provided.
- Misrepresentation of Age: If you falsify your age during the account creation process, MSM reserves the right to suspend or terminate your account without notice. Additionally, any transactions, including NFT purchases, sales, or transfers, made under a misrepresented account may be rendered void at MSM’s discretion.
2.2. Legal Capacity
By using the Services, you represent and warrant that you have the legal capacity to agree to these Terms and form a binding contract with MSM. You further represent and warrant that you are not prohibited by any applicable law from using blockchain technology, trading digital assets, or participating in decentralized financial ecosystems.
- Entities Represented by Users: If you are accessing or using the Services on behalf of a legal entity (such as a corporation or organization), you warrant that you have the authority to bind that entity to these Terms. Furthermore, the entity agrees to indemnify MSM for any violation of these Terms committed by the individual user. MSM is not liable for any misrepresentations made by users claiming to act on behalf of legal entities.
- User Responsibility for Legal Compliance: You are responsible for ensuring that your use of the Services complies with all applicable laws in your jurisdiction, including but not limited to laws governing financial transactions, cryptocurrency trading, blockchain regulations, and data privacy. MSM disclaims any responsibility for legal violations that arise from a user’s failure to comply with local or international laws. Users who engage in illegal activities while using MSM’s services are subject to suspension, termination, or reporting to law enforcement, as appropriate.
2.3. Compliance with Laws and Regulations
Your use of the Services must comply with all applicable local, state, national, and international laws and regulations. This includes but is not limited to laws governing digital assets, data privacy, intellectual property, and consumer protection. MSM reserves the right to suspend or terminate any accounts, transactions, or activities that it believes, in its sole discretion, violate any applicable law or regulation.
- KYC and AML Compliance: MSM may, at its discretion, implement Know Your Customer (KYC) or Anti-Money Laundering (AML) checks in certain jurisdictions. By using the MSM platform, you agree to comply with any KYC or AML requirements as requested by MSM. Failure to comply with such requests may result in the suspension or termination of your account and the forfeiture of digital assets.
- Prohibited Transactions: Users are prohibited from using MSM’s Services to engage in any transaction or activity that is deemed illegal under local or international laws, including but not limited to money laundering, fraud, tax evasion, or the trade of illicit goods. Any use of the MSM platform to facilitate illegal activities will result in immediate account suspension, and MSM may report such activities to relevant authorities.
2.4. Restricted Territories
MSM may restrict access to the Services from certain territories where the use of blockchain technologies, digital assets, or NFTs is prohibited by law. This includes, but is not limited to, countries under U.S. sanctions, such as those listed by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).
- Representations of Non-Restricted Status: By using the Services, you affirm that you are not a resident of any such restricted territory, including but not limited to those listed under OFAC sanctions or similar international restrictions. You further represent that you are not listed on any U.S. government or international prohibited parties list (e.g., the OFAC list of Specially Designated Nationals and Blocked Persons).
- Suspension for Sanctioned or Restricted Users: MSM reserves the right to suspend or terminate your account and access to the Services if it determines that you are accessing the platform from a restricted territory or if you are subject to any international sanctions. In the event of a violation of this clause, MSM will not be responsible for any financial losses, the confiscation of assets, or legal actions taken against you by any government authority.
2.5. User Disqualification for Non-Compliance
MSM reserves the right to disqualify users who fail to meet any of the eligibility requirements outlined in this section. Disqualified users may lose access to their accounts, NFTs, or other digital assets stored on the platform, and MSM is under no obligation to compensate for such losses. Additionally, any benefits, rewards, or features associated with disqualified accounts may be forfeited.
3. Changes to the Terms
We reserve the right to modify, update, or amend these Terms at any time at our sole discretion. Any changes made to these Terms will become binding and effective immediately upon posting the updated Terms on the MSM website or otherwise notifying you via the communication methods outlined in Section 3.1. Users are responsible for reviewing the Terms periodically to ensure they remain informed about any modifications.
3.1. User Notification
Whenever MSM modifies the Terms, we will notify you by updating the “Last Updated” date at the top of this document and by posting the revised Terms on our website. In some cases, we may also notify you via additional communication channels, including but not limited to email notifications, in-app alerts, or push notifications to registered devices. MSM will make reasonable efforts to notify users, but failure to receive notification does not invalidate the applicability of the updated Terms.
- Notification Timeline: MSM will attempt to notify users within 14 days prior to significant updates or modifications to the Terms that affect the legal rights or obligations of users. However, for urgent changes, such as those required to comply with legal or regulatory obligations, MSM reserves the right to implement changes without prior notice. Users are encouraged to review these Terms regularly to ensure compliance.
- In-App and Transactional Updates: Changes to the Terms may also be communicated during key platform interactions, such as the purchase of NFTs, the use of new features, or the participation in staking or rewards programs. By continuing to engage with MSM’s features after changes are implemented, users automatically accept the revised Terms.
3.2. Binding Nature of Changes
If you do not agree to any changes or modifications made to these Terms, your sole remedy is to discontinue using the Services immediately. Your continued use of the Services after such changes or modifications have been made constitutes your agreement to be bound by the revised Terms. Failure to review updated Terms does not exempt you from compliance.
- Deactivation or Suspension for Non-Acceptance: Users who do not agree to changes may request account deactivation, or MSM may suspend the account until the issue is resolved. If an account is deactivated due to non-acceptance of the updated Terms, MSM will retain the right to suspend access to any assets, wallets, or content associated with that account.
- Opting Out of Non-Material Changes: For minor, non-material changes that do not significantly affect users’ rights or obligations, MSM may implement the updates without providing opt-out options. These changes may include grammatical corrections, feature updates that do not alter user obligations, or formatting improvements. Material changes, such as those affecting fees, payment structures, or the scope of services, will be subject to notification and opt-out procedures outlined above.
3.3. Retroactive Changes
In certain circumstances, MSM may be required to make retroactive changes to these Terms to comply with applicable laws, regulatory obligations, or security requirements. Retroactive changes will be clearly indicated, and users will be provided with an explanation of why the changes are necessary.
- Regulatory Compliance: MSM may implement retroactive changes as part of ongoing compliance with legal requirements, including but not limited to international blockchain regulations, Know Your Customer (KYC) requirements, or anti-money laundering (AML) laws. If MSM is legally obligated to enforce retroactive changes, users will be given notice but may not have the option to opt-out.
- User Recourse for Retroactive Changes: If retroactive changes negatively affect your use of the platform or your ability to interact with digital assets, you may contact MSM to request assistance or dispute the changes. However, MSM reserves the right to enforce retroactive changes if they are legally mandated or necessary for the ongoing operation of the platform.
3.4. User Feedback on Changes
MSM encourages feedback from users regarding updates or changes to the Terms. While MSM retains sole discretion over the final content of the Terms, user feedback may be taken into account for future revisions. Users may submit feedback or concerns regarding the Terms through MSM’s support channels or community platforms.
- Dispute Resolution for Updated Terms: If users believe that changes to the Terms create unfair or unreasonable obligations, they may initiate a formal dispute with MSM as outlined in Section 11 (Dispute Resolution). MSM will review each dispute on a case-by-case basis and may offer solutions, including reinstating certain privileges or adjusting the applicability of specific clauses. However, the ultimate interpretation of the Terms remains at MSM’s discretion.
3.5. Ongoing Updates to Features and Services
MSM reserves the right to introduce new features, functionalities, or services on the platform, each of which may be subject to new or updated Terms of Service. Users acknowledge that new features introduced on MSM may require additional agreements or acknowledgments in order to use them, and users will be required to accept any additional terms associated with those features before accessing them.
- Beta and Trial Features: Certain features of MSM may be introduced on a beta or trial basis, and the use of these features may be subject to separate terms. Beta features are provided “as-is” without any guarantees or warranties, and MSM reserves the right to modify or discontinue any beta or trial features at any time without prior notice.
4. User Accounts
4.1. Account Creation and Security
To access certain features of the MSM platform, including the purchase, sale, or interaction with NFTs, land parcels, and other digital assets, you must create an account. During the account creation process, you are required to provide accurate, current, and complete information. By creating an account, you affirm that all the information you provide is true and that you will update your account promptly if any information changes.
- Identity Verification: MSM may, at its sole discretion, request that you complete an identity verification process (including but not limited to Know Your Customer (KYC) verification), particularly for certain high-value transactions or access to specific platform features. MSM reserves the right to suspend or limit your account until identity verification is completed. Failure to comply with identity verification requests may result in account suspension or a limitation on transaction capabilities.
- Account Credentials and Responsibilities: You are solely responsible for maintaining the confidentiality of your account login credentials, such as your username, password, and any private keys associated with your blockchain wallet. MSM is not liable for any unauthorized access to your account resulting from the loss or mismanagement of your credentials.
- Two-Factor Authentication (2FA): MSM recommends enabling two-factor authentication (2FA) for added security. 2FA adds an additional layer of protection, requiring a second form of authentication (such as a mobile app or SMS code) to access your account. While MSM encourages the use of 2FA, it is ultimately your responsibility to secure your account through appropriate security measures.
- Password Complexity Requirements: For security reasons, you are required to create a strong password that meets MSM’s password complexity requirements. This typically includes a combination of upper and lowercase letters, numbers, and special characters. Weak passwords may be subject to rejection, and MSM reserves the right to prompt users to update their passwords periodically.
4.2. Prohibition on Multiple Accounts
You are prohibited from creating multiple accounts on MSM unless express written permission has been granted by MSM. This includes creating accounts for different entities (such as personal and business accounts) without informing MSM in advance.
- Multi-Account Detection: MSM uses advanced tools and techniques to detect and prevent the use of multiple accounts by the same individual. If MSM determines that multiple accounts have been created without permission, the associated accounts may be suspended or terminated. Any assets, NFTs, or digital currencies linked to these accounts may be temporarily or permanently inaccessible.
- Business vs. Personal Accounts: If you are operating on behalf of a business or organization, you must create a separate account specifically for business use. Personal and business accounts cannot be merged, and each must comply with MSM’s respective terms and policies. Failure to properly classify accounts may result in suspension or the forfeiture of assets or funds.
4.3. Account Suspension and Termination
MSM reserves the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any reason at its sole discretion. This includes, but is not limited to, violations of MSM’s code of conduct, unauthorized account access, illegal activity, or any behavior deemed harmful to the platform or its users.
- Immediate Termination: MSM may immediately terminate your account without prior notice in cases of severe breaches, including hacking, fraudulent activities, or repeated violations of platform policies. In such cases, you will lose access to all associated assets, NFTs, digital currencies, and data, and MSM shall not be held responsible for any losses incurred.
- Restricted Access Pending Investigation: In cases where a violation is suspected but not confirmed, MSM may restrict your access to certain platform features (such as the ability to trade, sell, or transfer digital assets) pending an investigation. During this period, you may not be able to withdraw funds or access certain aspects of your account, but you will be notified of the investigation and the timeline for its completion.
- Forfeiture of Rights and Assets: In the event of account termination due to violations of these Terms, you forfeit any claim to the assets or funds held within your account at the time of termination. MSM reserves the right to seize, lock, or redistribute any digital assets or NFTs linked to terminated accounts to rectify the situation or return value to other users impacted by the violation.
4.4. Blockchain Wallet Integration
Your MSM account is linked with your blockchain wallet, which facilitates transactions, asset management, and interactions within the MSM ecosystem. MSM does not control, store, or manage your private keys, and you bear full responsibility for the safekeeping and security of your wallet.
- Wallet Security: MSM strongly advises you to back up your private keys and implement all recommended security measures to protect your wallet. Any loss of private keys, wallet access, or digital assets due to user error is the sole responsibility of the user, and MSM will not be able to assist in recovering lost assets.
- Non-Reversibility of Blockchain Transactions: All blockchain transactions facilitated through the MSM platform are irreversible once confirmed. MSM has no control over the blockchain network and cannot reverse or modify any transaction, even if made in error by the user. Double-check all transaction details before initiating transfers or sales.
- Third-Party Wallet Integration: MSM may integrate with third-party wallet providers to allow users to connect external wallets to the MSM platform. MSM is not responsible for any issues that arise from third-party wallet providers, including but not limited to security breaches, service outages, or transaction failures. Users are encouraged to review the terms and policies of their chosen wallet provider.
4.5. User Obligations and Restrictions
By creating an account, you agree to adhere to all MSM guidelines, policies, and Terms of Service. Failure to comply with these requirements may result in account suspension or termination, as outlined in Section 4.3.
- Account Activity Monitoring: MSM reserves the right to monitor user activity on the platform for compliance with these Terms and to detect suspicious or fraudulent behavior. Users acknowledge that their interactions on the platform may be reviewed, and any activity deemed harmful or illegal may result in enforcement actions, including temporary suspension or permanent termination.
- Reporting Unauthorized Access: You agree to promptly notify MSM in the event that you suspect any unauthorized access to your account or compromise of your login credentials. Failure to notify MSM in a timely manner may result in additional consequences, including the loss of access to assets or data. MSM will take reasonable steps to secure your account once an unauthorized access report is received.
5. Use of the Services
5.1. Permitted Use of the Platform
The MSM platform is designed to foster a collaborative, interactive environment where users can create, buy, sell, and interact with digital assets such as NFTs, in-game currencies, and other blockchain-based assets. By using the platform, you agree to abide by all applicable laws, MSM policies, and these Terms of Service. The platform’s permitted uses include:
- Creating and customizing digital assets: Users can design and create NFTs, virtual land, and other assets using MSM’s creation tools.
- Buying and selling assets: Users can trade NFTs, land, and other virtual items through MSM’s marketplace and other supported platforms.
- Monetizing content: Creators can monetize their in-game assets, games, or virtual environments using MSM’s marketplace or external platforms that support MSM integrations.
- Participating in platform events: Users can join virtual events, gaming tournaments, and collaborative activities on the platform.
- Engaging in community interaction: Users can communicate, collaborate, and share experiences with others in the MSM ecosystem.
Your use of the platform must be consistent with these purposes and may not infringe on the rights of others or violate any applicable laws. MSM reserves the right to modify or restrict access to certain features of the platform for non-compliance.
5.2. Prohibited Use
MSM strictly prohibits the following uses of the platform. Any violations of these prohibitions may result in account suspension, termination, or legal action:
- Illegal Activities: You may not use the platform to engage in, promote, or facilitate illegal activities, including but not limited to:
- Money laundering, tax evasion, or any form of financial fraud.
- Creating, distributing, or selling counterfeit or infringing digital assets or intellectual property.
- Engaging in or promoting illegal gambling, hacking, or malicious cyber activities.
- Violating any national or international laws regarding the trading of digital assets, securities, or virtual goods.
- Fraud and Manipulation: Any attempts to manipulate or distort the platform’s marketplace, including but not limited to:
- Artificially inflating or deflating the price of NFTs, tokens, or other assets through coordinated trading or false transactions.
- Scamming or defrauding other users through deceptive practices, fake listings, or false claims.
- Front-running, wash trading, or insider trading to gain unfair advantages in the marketplace.
- Misuse of Platform Features: Users must not exploit system vulnerabilities or misuse any feature of the MSM platform. Prohibited actions include:
- Reverse engineering, decompiling, or hacking MSM’s platform or software.
- Attempting to bypass security protocols, account restrictions, or access controls.
- Uploading malicious code or software (e.g., viruses, Trojans, worms) that disrupts the normal operation of the platform.
- Content Violations: MSM promotes a positive and inclusive community, and users are prohibited from posting, sharing, or creating any content that:
- Contains illegal, obscene, or pornographic material.
- Promotes hate speech, violence, harassment, discrimination, or defamatory content.
- Violates the intellectual property rights of others, including copyrighted material, trademarks, or patented works without proper authorization.
- Is designed to exploit or harm minors in any way.
- Data Harvesting and Scraping: Users are prohibited from collecting, harvesting, or scraping data from the platform for any purpose, including:
- Using bots or automated software to gather data about other users, digital assets, or the marketplace.
- Collecting personally identifiable information from users without their consent.
- Aggregating market data for resale or misuse in competing products.
- Impersonation and Misrepresentation: You may not impersonate another user or individual on the platform or falsely represent your affiliation with any organization, project, or company. This includes:
- Using false names, pseudonyms, or stolen identities to create accounts.
- Falsely claiming ownership or authorship of NFTs or digital assets that you did not create or purchase.
- Misleading other users about your role, qualifications, or standing in the MSM community.
5.3. Fair Use and Community Standards
The MSM platform is built around a community-driven experience, and users are expected to uphold fair use principles and community guidelines. Violations of community standards will be addressed by MSM through moderation or enforcement actions, including removal of content, temporary suspensions, or permanent account bans.
- Respectful Interaction: Users must engage with others in a respectful and constructive manner. Harassment, bullying, trolling, or toxic behavior will not be tolerated.
- Content Moderation: MSM reserves the right to moderate all user-generated content, including but not limited to comments, posts, digital assets, and in-game creations. Content that violates these Terms may be removed without notice.
- Reporting Violations: If you encounter any content or behavior that violates these Terms or community standards, you are encouraged to report it using the available reporting tools on the platform or by contacting MSM’s support team. MSM will investigate reports in a timely manner and take appropriate action.
- Consequences of Violations: Users who repeatedly violate community standards may face escalating penalties, including temporary suspensions, loss of privileges (such as the ability to upload content or trade assets), and permanent account termination. MSM’s decision in such matters is final, and appeals may not always be possible.
5.4. Platform Updates and Feature Changes
MSM is continually improving the platform and may introduce new features or modify existing ones. While we strive to provide users with consistent access to the platform, we reserve the right to make changes without prior notice.
- Feature Additions and Modifications: MSM may add new services, tools, or features to the platform from time to time. These updates may come with new rules, policies, or guidelines that users must follow. You are responsible for reviewing and accepting any updates to the Terms related to new features.
- Temporary Service Interruptions: From time to time, the platform may undergo scheduled maintenance, updates, or technical fixes that may cause temporary service interruptions. MSM will provide advance notice for planned outages, but unplanned disruptions may occur due to technical issues. MSM is not liable for any damages or losses arising from such interruptions.
- User Feedback and Suggestions: MSM welcomes feedback from users to help improve the platform. By submitting feedback or suggestions, you grant MSM the right to use, modify, or incorporate your ideas without any obligation to compensate you.
6. Intellectual Property Rights
6.1 Ownership of MSM Content
All content available on or through the MSM platform, including but not limited to text, graphics, images, audio clips, video clips, software, data compilations, code, design, interactive features, and any other materials (“MSM Content”), is the exclusive property of MSM or its licensors. MSM Content is protected under applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws, as well as international treaties. Unauthorized use, reproduction, or distribution of MSM Content is strictly prohibited unless expressly permitted in these Terms or by MSM in writing.
MSM reserves all rights not expressly granted under these Terms. Users are not permitted to reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code contained within the MSM platform unless expressly authorized by MSM. MSM may take legal action to enforce its intellectual property rights in the event of unauthorized use.
6.2 User License to Access and Use MSM Content
Subject to these Terms, MSM grants users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use MSM Content solely for personal, non-commercial purposes. This license permits users to interact with MSM Content within the boundaries of the platform for purposes such as:
- Viewing and browsing content.
- Using creation tools provided by MSM to develop games, assets, or interactive experiences.
- Engaging in social features within the platform, including chat and community interactions.
This license explicitly prohibits the following actions:
- Reselling or redistributing MSM Content for commercial purposes.
- Copying or reproducing MSM Content in any medium outside the MSM platform without express permission.
- Modifying or creating derivative works from MSM Content.
- Using MSM Content to engage in unauthorized advertising, marketing, or other promotional activities.
Any attempt to circumvent these restrictions may result in the immediate termination of your account, removal of access to the platform, and potential legal action.
6.3 Trademarks and Branding
The MSM brand, including but not limited to its name, logo, tagline, and related trade dress, are registered and unregistered trademarks owned by MSM. Any unauthorized use of MSM’s trademarks or branding, including usage that creates confusion among users or implies a false association with MSM, is prohibited.
Users are not permitted to use MSM’s trademarks in domain names, social media accounts, or any advertising materials without explicit written consent from MSM. Unauthorized use of MSM trademarks may result in immediate account suspension or legal consequences.
All third-party trademarks appearing within the MSM platform belong to their respective owners, and any use of those trademarks by MSM is either through license or legal permission. Users are not granted any rights or permissions to use third-party trademarks by interacting with the platform.
6.4 Ownership and Licensing of Digital Assets (NFTs)
The MSM platform allows users to create, purchase, and sell non-fungible tokens (NFTs) and other digital assets within the platform. While users may hold ownership of these NFTs and digital assets, such ownership is distinct from intellectual property rights associated with the digital asset’s underlying artwork, design, or functionality.
- Ownership of NFTs: Users own the specific NFT and may resell, transfer, or otherwise use it in compliance with these Terms. However, unless explicitly stated otherwise, ownership of an NFT does not grant any intellectual property rights to the digital asset itself.
- Licensing of Digital Assets: MSM or the original creator of the digital asset retains full intellectual property rights to the asset. Users purchasing NFTs are granted a non-exclusive license to display and interact with the asset within the MSM platform. This license does not extend beyond personal use unless explicitly stated. Users are prohibited from using digital assets for commercial purposes, including but not limited to merchandising, reproduction, or advertising, without the asset owner’s express written permission.
Any violations of these terms may result in the suspension of your account and potential forfeiture of the NFTs or digital assets associated with the breach.
6.5 Digital Asset Creation and Submission
Users may create and upload digital assets, including NFTs, to the MSM platform using provided creation tools. By submitting such assets, users affirm that:
- They hold all necessary intellectual property rights to the assets they submit, or have acquired proper licenses and permissions from the rightful owners.
- Their digital assets do not infringe upon the intellectual property, privacy, or publicity rights of any third party.
- The submission of their assets complies with all applicable laws and regulations.
When creating digital assets using MSM’s tools, users grant MSM a non-exclusive, perpetual, worldwide license to use, display, and distribute these assets within the MSM platform for purposes such as promotion, marketing, and platform development.
MSM reserves the right to review, moderate, and, if necessary, remove digital assets that violate these Terms or other platform policies.
6.6 DMCA and Intellectual Property Infringement Claims
If you believe that any content on the MSM platform infringes upon your intellectual property rights, you may submit a claim under the Digital Millennium Copyright Act (DMCA). To do so, you must provide the following information:
- A description of the copyrighted work or intellectual property right that you claim has been infringed.
- A description of where the alleged infringing material is located on the MSM platform.
- A statement, under penalty of perjury, that you have a good faith belief that the use of the material in question is unauthorized by the copyright owner, its agent, or the law.
- Your contact information, including your full name, mailing address, email address, and phone number.
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Upon receipt of a valid DMCA notice, MSM will take reasonable steps to investigate and, if appropriate, remove the infringing content. Repeated violations of MSM’s intellectual property policies may result in the termination of user accounts and permanent suspension from the platform.
6.7 Third-Party Content and Licensing
MSM integrates and provides access to third-party content, including assets, tools, and services provided by external creators or companies. Such third-party content remains the intellectual property of their respective owners, and users are subject to the terms and conditions of the relevant third-party licenses when accessing or using such content.
MSM disclaims any responsibility for third-party content, including its accuracy, reliability, or compliance with intellectual property laws. Users are responsible for ensuring that their use of third-party content complies with the applicable licenses, terms of service, and intellectual property rights.
7. User-Generated Content
7.1 Definition of User-Generated Content
User-generated content (“User Content”) refers to any and all content, assets, data, or material created, uploaded, or distributed by users on the MSM platform. This includes, but is not limited to, digital art, non-fungible tokens (NFTs), in-game assets, virtual environments, messages, comments, forums posts, usernames, game designs, or any other contributions users make to the MSM platform.
By submitting User Content to the platform, users acknowledge that they are granting MSM the necessary permissions and rights to use, reproduce, distribute, and display their content, as specified in this section.
7.2 Ownership and Responsibility for User-Generated Content
You retain ownership of the intellectual property rights to your User Content unless otherwise specified. However, by uploading or sharing content on the MSM platform, you represent and warrant that you have the legal right to do so. This means:
- You must either be the original creator of the content or have obtained the necessary rights and permissions from the rightful owner(s).
- Your content must not infringe on the intellectual property rights, privacy rights, or other legal rights of any third party.
- The content must comply with all applicable laws, including intellectual property, defamation, privacy, and content standards laws.
MSM disclaims any responsibility for User Content and will not be liable for any damages, losses, or disputes arising from content uploaded by users. Users are solely responsible for the consequences of posting their content, including legal repercussions or violations of third-party rights.
7.3 License Granted to MSM
By creating, uploading, or distributing User Content on the MSM platform, you grant MSM a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to:
- Use, reproduce, distribute, display, perform, adapt, modify, create derivative works from, or otherwise exploit the User Content in connection with the operation, promotion, and marketing of the MSM platform and its services.
- Make the User Content available to other users for use, interaction, or resale within the MSM platform, provided such uses align with these Terms and any additional user agreements.
This license includes the right for MSM to incorporate User Content into various media formats (e.g., video, advertisements, promotional content) and to sublicense these rights to third-party partners or collaborators as part of platform promotion.
7.4 Prohibited User Content
Users are prohibited from uploading or sharing the following types of content on the MSM platform:
- Content that infringes on the intellectual property rights, privacy rights, or publicity rights of others.
- Defamatory, libelous, obscene, pornographic, offensive, hateful, or discriminatory content.
- Content that promotes illegal activities, violence, or self-harm.
- Viruses, malware, or any content designed to disrupt, harm, or interfere with the proper functioning of the MSM platform or its users.
- Content that violates any laws, regulations, or platform policies.
MSM reserves the right to review, monitor, and remove any User Content that violates these terms or is otherwise deemed inappropriate, without notice or liability.
7.5 Moderation and Removal of User Content
MSM reserves the right, but does not have the obligation, to monitor, review, and remove User Content that it determines, in its sole discretion:
- Violates these Terms or platform policies.
- Harms or threatens the safety and security of the platform or its users.
- Is unlawful, defamatory, or otherwise violates applicable law or the rights of third parties.
In cases of repeat violations, MSM may suspend or terminate user accounts. MSM also reserves the right to cooperate with law enforcement agencies and provide relevant content or account information if required by legal processes.
7.6 User Responsibility for Compliance
Users are responsible for ensuring that their content complies with all applicable laws, including intellectual property, privacy, defamation, and data protection laws. You agree to indemnify and hold MSM harmless from any claims, losses, damages, or legal actions arising from your User Content or any infringement of third-party rights.
If your content violates any third-party rights, it is your responsibility to promptly resolve any disputes, either by removing the content from the MSM platform or obtaining the necessary permissions or licenses. MSM may, at its discretion, provide you with notice of the infringement and allow time to remedy the violation, but MSM reserves the right to remove the content immediately if deemed necessary.
7.7 DMCA Compliance and Copyright Infringement
MSM complies with the Digital Millennium Copyright Act (DMCA) and will promptly respond to valid claims of copyright infringement. If you believe that your copyrighted work has been used on the MSM platform without your permission, you may file a DMCA takedown notice by providing the following information:
- A description of the copyrighted work that has allegedly been infringed.
- A description of where the infringing content is located on the MSM platform.
- A statement that you have a good faith belief that the use of the copyrighted material is unauthorized.
- Your contact information, including your full name, address, phone number, and email address.
- A physical or electronic signature of the copyright owner or authorized representative.
Upon receipt of a valid DMCA notice, MSM will investigate and, if appropriate, remove or disable access to the infringing content. Repeat offenders may have their accounts terminated.
7.8 Consequences of Violating User Content Policies
If MSM determines that you have violated any of the content policies outlined in these Terms, MSM may take any of the following actions:
- Remove the offending content.
- Temporarily or permanently suspend or terminate your account.
- Restrict your ability to upload or distribute content on the platform.
- Revoke any permissions or licenses previously granted to you for use of the platform.
Users who repeatedly violate content policies may face permanent account suspension or legal consequences.
8. Digital Asset Transactions
8.1. NFT Creation and Ownership
Users may create or purchase NFTs within the MSM platform. Each NFT is a unique, non-fungible token recorded on the blockchain, representing ownership of a digital asset. By creating or purchasing an NFT, you affirm that you understand the risks associated with blockchain technology, including the potential for irreversibility of transactions, and you agree to comply with all applicable laws governing digital assets and NFTs in your jurisdiction.
8.2. Transactions on the Blockchain
All transactions conducted through the MSM platform, including the sale, purchase, or transfer of NFTs, occur on the blockchain. Once a transaction is verified and recorded on the blockchain, it cannot be reversed or modified. You are solely responsible for the accuracy of the information you provide when conducting a transaction. MSM is not responsible for any transaction errors or losses incurred due to incorrect information or technical issues related to blockchain technology.
8.3. Fees and Commissions
By using the MSM marketplace or other transaction services, you agree to pay any applicable fees or commissions as outlined in the MSM fee schedule. These fees may include gas fees for blockchain transactions, marketplace listing fees, or commissions on NFT sales. MSM reserves the right to modify its fee schedule at any time, with or without notice. Any changes to the fee schedule will apply to transactions initiated after the effective date of the change.
8.4. Taxation
You are solely responsible for determining what, if any, taxes apply to your transactions within the MSM platform, including but not limited to sales, use, value-added, or other taxes. MSM is not responsible for determining or collecting taxes that apply to your transactions on the platform, except where required by law. You agree to comply with all tax reporting and payment obligations in your jurisdiction related to your use of MSM’s services.
9. Staking and Rewards (If applicable)
9.1. Overview of Staking Program
MSM may offer a staking program that allows users to lock their MSM tokens or NFTs in the platform in exchange for rewards, including but not limited to interest, bonuses, or other incentives. By participating in the staking program, you agree to comply with the specific terms and conditions that govern the program, including lock-up periods, minimum staking amounts, and reward structures.
9.2. Risks Associated with Staking
By participating in staking, you acknowledge and accept the risks associated with staking tokens or NFTs, including but not limited to the potential loss of staked assets, fluctuations in the value of tokens, or changes in the staking program’s terms. MSM does not guarantee any specific rate of return or level of rewards for staking and is not responsible for any losses incurred as a result of staking.
9.3. Withdrawal and Early Termination
Certain staking programs may require you to lock your tokens or NFTs for a specified period of time. If you wish to withdraw your assets before the end of the lock-up period, you may be subject to penalties or loss of rewards. MSM reserves the right to modify or terminate the staking program at any time, without notice, and is not liable for any losses or changes in rewards resulting from such termination.
10. Privacy and Data Collection
10.1. Collection of Personal Data
MSM collects certain personal information when you create an account, engage in transactions, or use the platform’s services. This data may include, but is not limited to, your name, email address, blockchain wallet address, IP address, browser type, operating system, and other identifying information necessary for the operation of the platform. Additional information may be collected based on your interactions with the platform, including device identifiers, transaction histories, and metadata associated with digital assets or NFTs you create, purchase, or sell on the MSM platform. By using the MSM platform, you consent to the collection and use of your personal data as outlined in this section.
10.2. Use of Personal Data
MSM uses the personal data it collects to:
- Provide, operate, and improve the Services, including processing transactions, managing accounts, and personalizing your user experience.
- Communicate with you regarding updates, announcements, technical issues, security alerts, and other matters related to your use of the platform.
- Comply with legal obligations, such as anti-money laundering (AML) regulations, Know Your Customer (KYC) requirements, and other legal or regulatory demands.
- Analyze usage trends and monitor performance to ensure the platform’s stability, security, and functionality.
- Deliver targeted marketing, promotions, and platform features based on your preferences and platform activity (if applicable). MSM will only send marketing communications if you have opted in to receive such communications.
MSM will not sell, rent, or share your personal data with third parties for commercial purposes without your explicit consent, except as necessary to provide the platform’s services or as required by law.
10.3. Third-Party Services and Data Sharing
MSM may engage third-party service providers to assist in platform operations, such as payment processors, analytics providers, or identity verification services. These providers may have access to your personal data to the extent necessary for performing their functions but are obligated to safeguard that data under confidentiality agreements. MSM takes reasonable steps to ensure these third-party providers adhere to data protection standards but cannot be held responsible for their independent actions or privacy practices.
Your personal data may also be shared with governmental authorities or law enforcement agencies if required by law or in response to valid legal processes, such as subpoenas or court orders. In such instances, MSM will make every effort to notify you, unless prohibited by law.
10.4. Data Security
MSM implements industry-standard security measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. These measures include, but are not limited to, encryption, firewalls, secure data storage, and regular security assessments. However, no security system is entirely foolproof, and MSM cannot guarantee absolute security. Users are responsible for maintaining the security of their accounts, including safeguarding their passwords, private keys, and other access credentials. MSM shall not be liable for any unauthorized access to your account resulting from your negligence or failure to maintain proper security measures.
In the event of a data breach that compromises your personal data, MSM will promptly notify affected users and take necessary steps to mitigate the damage, including notifying relevant regulatory authorities as required by applicable data protection laws.
10.5. Data Retention
MSM retains personal data only for as long as necessary to fulfill the purposes outlined in these Terms or as required by law. Once your data is no longer required for its intended purpose, MSM will securely delete or anonymize the data in compliance with applicable regulations. Users may request deletion of their data by contacting MSM customer support; however, certain data may need to be retained to comply with legal obligations or for legitimate business purposes.
10.6. User Rights
Depending on your location and applicable data protection laws, you may have the following rights concerning your personal data:
- Access: You may request a copy of the personal data MSM holds about you.
- Rectification: You may request corrections to any inaccurate or incomplete personal data.
- Deletion: You may request the deletion of your personal data, subject to certain legal or operational limitations.
- Restriction: You may request that MSM restricts the processing of your personal data in certain circumstances.
- Objection: You may object to the processing of your personal data for marketing or other purposes.
- Portability: You may request a copy of your personal data in a structured, machine-readable format.
To exercise any of these rights, you may contact MSM customer support at the designated email address. MSM will respond to all valid requests within the timeframes required by applicable law.
10.7. Compliance with Global Regulations
MSM complies with data protection regulations such as the General Data Protection Regulation (GDPR) for European users, the California Consumer Privacy Act (CCPA) for users in California, and any other applicable data protection laws. International users should be aware that their data may be transferred to, processed, and stored in the United States or other countries where MSM or its service providers operate. By using the platform, you consent to this transfer and the processing of your data under applicable U.S. law.
10.8. Data Breach Notification
In the event of a data breach that compromises user data, MSM will notify affected users and relevant regulatory authorities as required by applicable law. MSM will also take reasonable steps to mitigate the damage caused by the breach and restore the integrity of the platform. This includes investigating the cause of the breach, implementing additional security measures, and providing affected users with guidance on how to protect their accounts.
11. Dispute Resolution and Governing Law
11.1. Arbitration Agreement
By using the MSM platform, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the use of the platform, or any transactions conducted through the platform will be resolved through binding arbitration rather than in court, except where prohibited by applicable law. Arbitration is a process in which disputes are resolved by an impartial arbitrator, rather than a judge or jury, and decisions rendered in arbitration are legally binding and enforceable. This arbitration provision applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
11.2. Initiating Arbitration
To initiate arbitration, the party seeking arbitration must send a written notice to the other party describing the nature of the dispute and the relief sought. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA), including its Commercial Arbitration Rules, and will take place in Fort Worth, Texas, or a mutually agreed-upon location. The arbitrator shall have the authority to grant any relief that would be available in a court of law, including injunctive relief or specific performance. Both parties agree that the arbitration will be conducted in English, and the arbitrator’s decision will be final and binding.
11.3. Costs and Fees
The costs and fees associated with arbitration, including administrative fees and arbitrator compensation, will be shared equally between both parties, unless the arbitrator determines that one party is responsible for an undue portion of the costs. Each party will bear its own legal expenses, including attorneys’ fees, unless the arbitrator determines that the prevailing party is entitled to recover reasonable attorneys’ fees from the non-prevailing party, in which case the arbitrator may award such fees and costs.
11.4. No Class Actions
You agree that any dispute arising out of or related to these Terms or the MSM platform will be resolved on an individual basis and not as part of a class action, collective proceeding, or representative action. You expressly waive any right to participate in class-wide arbitration or to join claims with others. The arbitrator may not consolidate the claims of multiple parties or preside over any form of class action or collective proceeding.
11.5. Exceptions to Arbitration
Notwithstanding the above, either party may bring claims in small claims court if the claims qualify for small claims jurisdiction. Additionally, MSM may seek injunctive or equitable relief in any court of competent jurisdiction if necessary to prevent or stop unauthorized use of its intellectual property, violation of its Terms, or breach of confidentiality.
11.6. Informal Dispute Resolution
Before initiating arbitration, both parties agree to attempt to resolve any dispute informally by contacting MSM customer support or through other means of communication. If the dispute is not resolved within 30 days of the initial informal contact, either party may proceed to initiate arbitration. Informal dispute resolution is mandatory, and both parties must make a good faith effort to settle the matter without legal proceedings.
11.7. Governing Law
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. This applies to all users of the MSM platform, regardless of location, and supersedes any conflicting local laws that may apply. The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of this arbitration agreement.
11.8. Venue for Legal Proceedings
In cases where arbitration is not possible or allowed by law, and where arbitration does not apply to a dispute, any legal action or proceeding related to these Terms, the platform, or any transactions conducted on the platform will be brought exclusively in the courts of Fort Worth, Texas, United States. Both parties consent to the jurisdiction of these courts and waive any objections to venue or jurisdiction based on inconvenient forum or otherwise.
11.9. Statute of Limitations
You agree that any claim arising out of or related to these Terms must be filed within one (1) year after such claim arose, or it will be permanently barred. This statute of limitations applies to all claims, including claims for breach of contract, tort, and statutory violations.
11.10. Survival of Arbitration Provisions
The provisions regarding arbitration, governing law, and venue for legal proceedings shall survive the termination of these Terms or your use of the MSM platform. Even if your account is terminated or you cease using the platform, these dispute resolution provisions remain in full force and effect.
12. Limitation of Liability
12.1. General Disclaimer
To the fullest extent permitted by applicable law, MSM, its affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:
- Your access to or use of, or inability to access or use, the MSM platform or services;
- Any conduct or content of any third party on the platform, including defamatory, offensive, or illegal conduct of other users or third parties;
- Any content or information obtained from the platform;
- Unauthorized access, use, or alteration of your transmissions, content, or account.
This limitation applies to all claims, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and regardless of whether MSM has been advised of the possibility of such damages.
12.2. No Liability for Platform Misuse
MSM provides a decentralized, blockchain-based platform, and while we make reasonable efforts to ensure security, stability, and the proper functioning of the services, MSM will not be held liable for any improper or unauthorized use of the platform.
- Misuse of accounts, unauthorized access, or exploitation of system vulnerabilities;
- Any user’s failure to adhere to MSM’s Terms of Service or failure to take reasonable precautions to secure their accounts;
- Any consequences resulting from your misuse of the platform or failure to comply with these Terms, including legal, financial, or personal ramifications.
Users agree to use the platform at their own risk and assume full responsibility for their actions within the platform.
12.3. Financial Loss and Risk
MSM disclaims any liability for financial losses, whether directly or indirectly related to:
- The use of digital assets, including cryptocurrency, NFTs, and in-game assets, which are subject to price volatility;
- Blockchain network disruptions, technical failures, system outages, or errors in the execution of transactions;
- Losses due to phishing attacks, fraud, unauthorized access to wallets or accounts, or other forms of cyber threats;
- Any malfunction or failure of third-party services integrated with the MSM platform (e.g., digital wallet providers, blockchain networks).
Users are solely responsible for understanding the risks associated with the use of blockchain technologies, cryptocurrencies, and digital assets. MSM is not liable for any losses incurred from fluctuations in the value of these assets or technical issues with blockchain networks.
12.4. Platform Functionality and Availability
MSM makes no guarantees that the platform will always be available or free from interruptions. While MSM will endeavor to provide continuous and uninterrupted service, there may be instances where the platform is unavailable due to:
- Scheduled maintenance, technical upgrades, or unforeseen outages;
- Failures of third-party service providers, including cloud services, blockchain networks, or internet service providers;
- Security breaches, hacks, or other cyber incidents.
In such cases, MSM will not be liable for any damages, losses, or inconveniences caused by the unavailability of the platform or services. Users acknowledge that the platform is provided “as is” and “as available,” and MSM does not guarantee future functionality or uptime.
12.5. Third-Party Services
The MSM platform may integrate with or rely on third-party services, including blockchain networks (e.g., Ethereum, Polygon), digital wallet providers, and external marketplace platforms. MSM disclaims any liability for the performance, availability, or security of these third-party services.
- MSM is not responsible for issues arising from interactions with third-party services, including delays, transaction failures, or security breaches;
- Users are responsible for reviewing the terms and policies of these third-party services and agree that MSM will not be held liable for any losses resulting from their use.
12.6. No Liability for User Actions
MSM is not responsible for the actions, behavior, or content of other users on the platform. This includes, but is not limited to:
- Fraudulent activities, hacking, or malicious conduct by other users;
- Creation, sale, or distribution of counterfeit or infringing digital assets;
- User disputes, conflicts, or disagreements related to transactions conducted on the platform.
Users are responsible for conducting their own due diligence and taking necessary precautions when interacting with other users. MSM disclaims any liability for disputes or conflicts between users and does not mediate such disputes.
12.7. Limitation of Damages
In no event shall MSM be liable for any:
- Indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill;
- Damages resulting from the use or inability to use the platform, even if MSM has been advised of the possibility of such damages.
MSM’s total liability to any user shall not exceed the amount paid by the user to access the platform or its services within the twelve (12) months preceding the event giving rise to the liability. In jurisdictions that do not allow for limitations on certain liabilities, MSM’s liability will be limited to the fullest extent permitted by applicable law.
12.8. No Warranty
MSM provides its services on an “as is” and “as available” basis, without any warranties or guarantees of any kind, whether express or implied. MSM makes no warranties regarding the:
- Reliability, accuracy, or completeness of any content, services, or information provided through the platform;
- Future availability, error-free operation, or uninterrupted access to the platform;
- Security of the platform or the absence of viruses, malware, or other harmful components.
Users assume all risks associated with the use of the platform, and MSM will not be responsible for any damages or losses incurred.
12.9. Regulatory and Legal Compliance
Users are solely responsible for complying with all applicable laws, regulations, and tax obligations in their respective jurisdictions concerning:
- The use of the MSM platform, blockchain technologies, and digital assets;
- Securities laws, anti-money laundering (AML) regulations, tax reporting requirements, and other legal obligations related to digital assets and cryptocurrencies.
MSM disclaims any responsibility for legal compliance and will not be liable for any legal consequences arising from a user’s failure to comply with such laws or regulations. Users are encouraged to seek legal and tax advice to ensure compliance with their local laws.
12.10. Force Majeure
MSM shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, epidemics, pandemics, or public health emergencies;
- War, military actions, terrorism, civil unrest, or insurrections;
- Strikes, labor disputes, or other industrial actions;
- Government regulations, sanctions, or trade restrictions;
- Failures or disruptions in communication networks, power outages, or third-party service provider failures.
In such events, MSM will make reasonable efforts to resume services once the cause of the disruption has been resolved. Users acknowledge that these events may disrupt or limit their access to the platform, and MSM shall not be responsible for any damages or losses resulting from such disruptions.
13. Termination and Suspension
13.1. Termination by MSM
MSM reserves the right to terminate or suspend your access to the platform, including your account, for any reason, with or without prior notice, at our sole discretion. This may occur in cases of:
- Violation of these Terms of Service or any other policies outlined by MSM.
- Engagement in fraudulent or illegal activities, including but not limited to hacking, unauthorized access to accounts, or manipulation of the platform.
- Breach of security protocols or attempts to interfere with the operation of the platform, including any attempts to reverse engineer or exploit platform vulnerabilities.
- Repeated complaints or disputes with other users or failure to resolve conflicts in good faith.
- Providing false, inaccurate, or misleading information during the account creation process or in any interaction with MSM.
- Violations of local, state, or international laws, regulations, or ordinances in connection with your use of the platform.
In cases where a violation is suspected, MSM may also restrict your ability to transfer assets, withdraw funds, or otherwise engage with the platform while investigations are ongoing.
13.2. Effect of Termination
Upon termination of your account:
- Your access to all services and content associated with your account will be immediately revoked.
- Any assets you have created, purchased, or stored on the platform, including digital currencies, NFTs, and game items, may be rendered inaccessible. MSM does not guarantee any recoverability of these assets, and you acknowledge that your use of the platform is at your own risk.
- MSM is under no obligation to return or compensate for any assets, content, or data that were lost, deleted, or inaccessible due to the termination of your account.
- Any ongoing or unresolved transactions or agreements with other users will be voided, and MSM will not be responsible for compensating either party in these instances.
- You will still be responsible for any unpaid balances or debts incurred before termination and will be required to settle those obligations to MSM.
13.3. Post-Termination Access to Content
Upon account termination, you may be given a limited time frame (up to 30 days, unless otherwise stated) to download or transfer any available content or assets from your account. After this period, MSM reserves the right to permanently delete or otherwise restrict access to your data, content, or assets. MSM makes no guarantee of continued access to any assets following the termination or suspension of your account.
13.4. Suspension of Services
MSM may, at its discretion, suspend all or part of its services in the event of:
- Maintenance or technical upgrades required to ensure the continued functionality of the platform.
- Regulatory requirements or requests from law enforcement agencies or governments.
- Security breaches, hacks, or suspected fraud that require investigation or immediate response.
- Natural disasters, acts of God, or force majeure events that disrupt the operations of the platform.
During suspension, users may not be able to access their accounts, transfer assets, or engage in transactions. MSM will make reasonable efforts to notify users in advance of planned suspensions and provide regular updates in cases of prolonged service interruptions.
13.5. Voluntary Termination by User
You may request the voluntary termination of your account by contacting MSM’s customer support. Upon submission of such a request:
- You are responsible for completing any pending transactions or obligations before your account is closed.
- Any funds or assets remaining in your account must be transferred or withdrawn prior to termination, as MSM is not responsible for any loss of assets post-termination.
- MSM reserves the right to maintain copies of your transaction history and account activity for regulatory and security purposes, even after account closure.
13.6. Appeals Process for Termination or Suspension
If you believe your account has been unfairly terminated or suspended, you may submit a formal appeal to MSM through designated channels (e.g., support email, online submission form). Your appeal must:
- Provide a detailed explanation of the situation and why you believe the termination or suspension was unwarranted.
- Include any supporting documentation or evidence to justify your claims (e.g., transaction records, correspondence with other users).
MSM will review your appeal within a reasonable timeframe and will provide a final decision. The decision to reinstate or permanently terminate the account will be at MSM’s sole discretion, and no further appeals will be considered.
13.7. Account Restoration Guidelines
In the event that your account is reinstated following a successful appeal, you may be required to undergo additional verification procedures, update account security settings, or agree to further terms outlined by MSM. Restored accounts may be subject to limitations, such as restricted access to certain features or assets, pending a review of your account activity.
14. Miscellaneous Provisions
14.1. Amendments to the Terms of Service
MSM reserves the right to modify, amend, or update these Terms of Service at any time. Any changes will take effect immediately upon posting the updated Terms on the platform or after notifying users through the email addresses associated with their accounts. It is your responsibility to review these Terms periodically for any updates. Continued use of the platform following any changes constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue using the platform and its services. If changes involve material alterations to user rights or obligations, MSM will make reasonable efforts to provide additional notification, such as sending direct email notifications or in-platform alerts. In some cases, a grace period may be provided before the changes come into full effect.
14.2 Force Majeure
MSM shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, epidemics, pandemics, or public health emergencies.
- War, military actions, terrorism, civil unrest, or insurrections.
- Strikes, labor disputes, or other industrial actions.
- Government regulations, sanctions, or trade restrictions.
- Failure or disruptions in communication networks, power outages, or any third-party service provider’s failure.
In the event of a force majeure situation, MSM will make reasonable efforts to provide updates to users regarding the status of services and the anticipated timeline for recovery. However, MSM is not obligated to refund any payments made for services that were interrupted during a force majeure event.
14.3 Severability
If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. The invalid provision will be interpreted and enforced to the fullest extent possible under applicable law, and the remaining provisions of these Terms shall continue in full force and effect. If a provision is deemed unlawful in multiple jurisdictions, MSM reserves the right to modify the provision as enforceable to the maximum extent permitted.
14.4 Entire Agreement
These Terms, along with any other agreements, policies, or guidelines incorporated by reference, constitute the entire understanding and agreement between you and MSM regarding the use of the platform. They supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, regarding the subject matter. Previous versions of these Terms may be requested by users for reference in case of disputes relating to changes.
14.5 No Waiver
The failure of MSM to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of MSM. The waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.
14.6 Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MSM. MSM may assign its rights and obligations under these Terms at any time without your consent, including in connection with a merger, acquisition, or sale of assets.
14.7 Governing Law and Dispute Resolution
These Terms, and any disputes arising from them, shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. Any disputes or claims arising out of or related to these Terms or your use of the platform will be submitted to binding arbitration, administered by the American Arbitration Association (AAA) under its rules and procedures, including the AAA’s Commercial Arbitration Rules. Arbitration will take place in Fort Worth, Texas, or a mutually agreed-upon location, and will be conducted in English.
For international users: By using this platform, you agree that any disputes will be resolved under U.S. law, and you consent to the exclusive jurisdiction of the courts of Fort Worth, Texas. In cases where arbitration is not possible or allowed, legal action will be brought exclusively in the courts of Fort Worth, Texas, and both parties agree to submit to the jurisdiction of these courts.
14.8 Relationship of the Parties
Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and MSM. You agree that you are acting independently and not as an agent of MSM. You are solely responsible for your actions and omissions in connection with the use of the platform.
14.9 Survival
Any provisions of these Terms that by their nature should survive termination or expiration of these Terms, including but not limited to Limitation of Liability, User Responsibility, Indemnification, and Dispute Resolution, shall survive any termination of your account or these Terms.
14.10 Notices
All notices, requests, demands, and other communications under these Terms shall be delivered via email or any other means reasonably designated by MSM. You agree to receive all communications, including notices, agreements, updates, and disclosures, electronically, either via the platform or through email.
14.11 Interpretation
Headings in these Terms are for reference only and shall not affect the interpretation or meaning of the provisions.
15. Data Privacy and Security
15.1. Data Collection and Use
By using MSM, you acknowledge and agree that MSM collects, processes, and stores data as outlined in its Privacy Policy. The data collected may include, but is not limited to, personal identification information (such as names, email addresses, wallet addresses), transactional data, and usage patterns within the platform. This data is collected to ensure proper functioning of the platform, facilitate user transactions, and enhance the overall user experience. MSM takes reasonable steps to protect user data but cannot guarantee absolute security due to the nature of online interactions. Users are encouraged to review the Privacy Policy to understand what data is collected and how it is used.
15.2. Data Security Measures
MSM employs industry-standard security measures to safeguard your personal information, including:
- Encryption: Sensitive data, including passwords and payment information, is encrypted during transmission to protect against unauthorized interception.
- Secure Servers: All user data is stored on secure servers with restricted access and monitored for potential security breaches.
- Firewalls and Intrusion Detection: The platform is protected by firewalls and intrusion detection systems to monitor and prevent unauthorized access or attacks.
However, no system can be entirely secure, and MSM cannot guarantee the complete protection of user data from cyber threats, breaches, or unauthorized access. Users are responsible for maintaining the security of their accounts and digital assets, including but not limited to private keys and wallet passwords. MSM shall not be held liable for any unauthorized transactions or access resulting from user negligence in securing their own data.
15.3. User Responsibility for Data Protection
Users are responsible for:
- Maintaining the confidentiality of account credentials, including passwords, private keys, and wallet recovery information.
- Ensuring the security of their devices used to access the MSM platform.
- Implementing additional security measures, such as two-factor authentication (2FA), to further safeguard their accounts.
MSM shall not be held liable for any unauthorized access, transactions, or account losses resulting from user negligence or failure to secure their account information.
15.4. Compliance with Global Regulations
MSM complies with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). International users should be aware that by using the platform, their data may be transferred to, processed, and stored in the United States or other countries where MSM or its service providers operate. Users located in regions with specific data protection laws may exercise their rights to access, modify, or delete their data, as outlined in MSM’s Privacy Policy.
15.5. Data Breach Notification
In the event of a data breach that compromises user data, MSM will notify affected users and relevant authorities as required by applicable law. The notification will include:
- The nature of the data breach, including the type of information affected.
- Actions MSM is taking to mitigate the breach and prevent further unauthorized access.
- Steps users can take to protect their data and accounts, such as changing passwords or monitoring account activity.
MSM will take reasonable steps to mitigate the damage caused by the breach and restore the integrity of the platform.