Welcome to mightyactionheroes.com (the “Site”) owned and operated by Oso Poderoso Ltd, a British Virgin Islands company (collectively, “Oso Poderoso,” “we,” “our”, or “us”). Oso Poderoso provides an online service to use the Game. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site and/ or the Game.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and Oso Poderoso Ltd (“we", “us", or “our") concerning your access to and use of the Site and the Mighty Action Heroes Game as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto ( the “Game").
WE ARE ONLY WILLING TO MAKE THE GAME, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE GAME, THE SMART CONTRACTS, THE SITE, OR ANY OTHER OFFICIAL MIGHTY ACTION HEROES PRODUCT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Mighty Action Heroes is a distributed application that is intended to run on the Polygon Network and such other networks as we may select from time to time (the "Blockchain Networks"), using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own digital tokens relating to the Game, whether fungible or non-fungible and whether specific to the Game or for wider use within the ecosystem in which the Game resides(“Mighty Action Heroes Tokens”), transfer Mighty Action Heroes Tokens, and play the Game.
Supplemental terms and conditions or documents that may be posted on the Site, the Game, and the Smart Contracts from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason, with the latest version as of the “Last Updated" date of these Terms of Use. We are under no obligation to specifically notify you of such changes and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. In any case, you will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site, the Game, and the Smart Contracts after the date such revised Terms of Use are posted.
The information on the Site, the Game, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the Game while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.
The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site, the Game, and the Smart Contracts.
Unless otherwise indicated, the Site, the Game and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the Game (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the British Virgin Islands, foreign jurisdictions and international conventions. Except as expressly provided in these Terms of Use, no part of the Site, the Game as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Game, the Content, and the Marks.
Provided that you own, or get permission from someone who owns a non-fungible Mighty Action Heroes Token, you are granted a limited license to create fan-art which can be used commercially given that you follow the terms set herein:
By using the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens, you represent, warrant and undertake that: (1) All registration information you submit will be true, accurate, current, and complete. (2) You will maintain the accuracy of such information and promptly update such registration information as necessary. (3) You have the legal capacity and you agree to comply with these Terms of Use. (4) You are not a minor in the jurisdiction in which you reside. (5) You will not access the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens through automated and non-human means, whether through a bot, script or otherwise except as expressly mentioned herein;
Note that anyone abusing public or private APIs by spamming requests will be banned from using such APIs in the future.
(6) You will not use the Site, the Game, and the Smart Contracts for any illegal and unauthorized purpose. (7) Your use of the Site, the Game, and the Smart Contracts will not violate any Applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the Game, and the Smart Contracts (or any portion thereof). (8) You (a human being) will only use one in-app account to earn rewards in any 24-hour period. (9) You, as a Mighty Action Heroes account owner, are responsible for the actions of any players that play on your behalf, and that their actions can have consequences for any connected accounts that you own. (10) You will not manipulate or exploit the durability or system in order to earn more rewards than intended, such as gifting currency to make use of more energy (this goes under multi-accounting). (11) You have not been included in any trade embargoes or economic sanctions list administered or enforced by any governmental authority or international authority (including the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of State, the United Nations Security Council, the European Union and Her Majesty's Treasury). (12) By registering an account with us, you acknowledge that and consent to the fact that we and third-party providers we work with may store the IP address you use to access the site. (13) You can only qualify for one leaderboard reward each season or campaign unless otherwise expressly permitted in the rules applicable to a particular season or campaign.
We reserve the right to choose which markets and jurisdictions to conduct our business and may restrict or refuse, at our sole discretion, the provision of Mighty Action Heroes services in certain countries or regions.
You may be required to register with the Site, the Game, and the Smart Contracts. You agree to keep your password and log-in details, including seed phrases and private keys, for your Electronic Wallets (collectively, your “Access Details”) confidential and will be responsible for all use of your account and Access Details. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens for any purpose other than that for which we make the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens available. The Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with us. In particular, you shall not do any of the following:
Any purchases from the Site or authorised marketplace will be done through smart contracts on a Blockchain using an electronic wallet like Metamask or such other electronic wallets with on-ramp features as we may permit from time to time (the “Electronic Wallets”). Any financial transactions that you engage in will be conducted solely through the Blockchain via an Electronic Wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the Game or using the Smart Contracts, or any other transactions that you conduct via the Blockchain Networks. We may, from time to time, rely on third party service providers to provide alternative payment methods for making purchases. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the Game via such alternative payment methods and you are recommended to read the terms of use of the relevant third party service providers before utilizing such payment methods.
You may participate in transactions in the course of the Game. Transaction fees are payable on the Blockchain Networks and any transactions that may be facilitated by us (or our service providers). You will need to pay such transaction fees before proceeding with such transactions.
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Game (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or sales of any of your tokens and assets). Except for income taxes levied on us, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the Game and the Smart Contracts (“Submissions") provided by you to us, whether through this Site or other platforms like our Discord server, are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Site and/or the Game (or you may be sent via the Site and/or the Game) links to (and interacts with) other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the Game, or any Third-Party Content posted on, available through, or installed from the Site and/or the Game, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the Game and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the Game or relating to any applications you use or install from the Site and/or the Game. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We may allow brands to display their advertisements and other marketing information in certain areas of the Site and the Game. If you would like to collaborate with us to promote your brand, please contact us at the following email: partnerships@osopoderoso.com.
These Terms of Use remain in full force and effect while you use the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, THE GAME, THE SMART CONTRACTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) AND THE MIGHTY ACTION HEROES TOKENS IN RESPECT OF ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
This Terms of Use and your use of the Site, the Game, and the Smart Contracts are governed by and constructed in accordance with the laws of the British Virgin Islands applicable to agreements made and to be entirely performed in the British Virgin Islands, without regard to its conflicts of law principles.
In the event that you experience issues with the Game, please contact us first! We strive to improve our services and want to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting us first at contact@osopoderoso.com.
You and us agree to resolve any claims relating to these Terms of Use (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in 11.1 above. If we are not able to resolve your claims within 90 days of receiving the notice, you may seek relief as set forth below.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Singapore law. The seat of arbitration shall be Singapore. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. IF THIS WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN IT WILL NOT APPLY TO SUCH PART. INSTEAD, THOSE PARTS SHALL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
Claims or disputes must be filed within one year. To the extent permitted by applicable law, any claim or dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute is not filed within one year, it shall be permanently barred.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to Oso Poderoso Ltd. If we request arbitration against you, we will give you notice at the email address you have provided.
You agree that we would be irreparably damaged if these Terms of Use were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate disputes, we are entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS AND ANY PART OF THEREOF(INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS WILL BE ACCURATE, (III) THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS (AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE GAME, THE SMART CONTRACTS AND THE MIGHTY ACTION HEROES TOKENS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN NETWORKS, THE ELECTRONIC WALLETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN ACCESS DETAILS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED ELECTRONIC WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE GAME, THE BLOCKCHAIN NETWORKS, OR THE ELECTRONIC WALLETS.
MIGHTY ACTION HEROES TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE RELEVANT BLOCKCHAIN NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN NETWORKS. WE HAVE NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE NETWORKS OR THE ELECTRONIC WALLETS. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN NETWORKS INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
You agree and acknowledge that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens, whether in contract, tort, strict liability, or any other legal theory, is limited to the amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose.
You agree and acknowledge that we have made the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. We would not be able to provide the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens to you without these limitations.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Mighty Action Heroes Tokens, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Mighty Action Heroes Tokens will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your Mighty Action Heroes related transactions. We are not responsible for determining the taxes that apply to your transactions on the Game, the Site, or the Smart Contracts.
C. The Game does not store, send, or receive Mighty Action Heroes Tokens. This is because Mighty Action Heroes Tokens exist only by virtue of the ownership record maintained on the Game’s supporting blockchain on the Blockchain Networks. Any transfer of Mighty Action Heroes Tokens occurs only on the Blockchain Networks.
D. There are risks of failure, malfunction, breakdown or disruption of platforms, wallets and other software systems related to the Blockchain Networks due to occurrences of a change in the existing source code, or the creation of new or additional source code for the Blockchain Networks (whether hard, soft, velvet or otherwise in nature), or network attack and vulnerabilities - where “network attack and vulnerabilities” mean hacks, cyber-attacks, network attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks, 51% or network attacks), distributed denials of service or errors, vulnerabilities or defects in programming or source code or otherwise. We are not responsible to you for any losses you may suffer if any of such risks are to materialise.
E. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Electronic Wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the networks, however caused.
F. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of Mighty Action Heroes (and the ecosystem in which it is intended to reside), and therefore the potential utility or value of Mighty Action Heroes Tokens.
G. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of tMighty Action Heroes (and the ecosystem in which it is intended to reside), and therefore the potential utility or value of Mighty Action Heroes Tokens.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the Site, (2) breach of these Terms of Use, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other user of the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens with whom you connected via the Site, the Game and the Smart Contracts. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
In accordance with our Privacy Policy we will maintain certain data that you transmit to the Site, the Game and the Smart Contracts for the purpose of managing the performance of the Site, the Game and the Smart Contracts, as well as data relating to your use of the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
These Terms of Use and any policies or operating rules posted by us regarding the Site, the Game, the Smart Contracts and the Mighty Action Heroes Tokens constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
