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.
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.
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.
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:
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:
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.
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: firstname.lastname@example.org.
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.
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 email@example.com.
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 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.