Axes Metaverse, a British Virgin Island entity, WHITEPALMS DEVELOPMENTS LIMITED No: 2082080 Trident Trust Company (B.V.I.) Limited, Trident Chambers, P.O. Box 146, Road Town, Tortola, British Virgin Islands Signer: Dmitry Makarov Title: Director (“the Company”, “we”, “us” or “our”) is the lawful owner of the intellectual property rights for the https://axes.io/ (“the Website”), Axes Metaverse (“the Game”). By accessing the website and / or otherwise utilizing the Game or any components or elements of the Game, including, without limitation, third parties elements open-source Binance Smart Chain (“BSC”) smart contracts, blockchain protocols, and other blockchain-based elements (“Elements”), you (“your”, “User”,”client” ) acknowledge your acceptance of these Terms of Use (“Terms“) which is a legally binding agreement outlining relationships between You (client) and The Company.

You accept and agree that by transacting in virtual commodities; playing, interacting with, downloading, running or otherwise accessing the Game, Elements and / or the Website; and/ or participating in a GAO:

1. You agree to comply with these Terms and Privacy Policy;
2. You acknowledge that the Game is currently in development stage, yet to be conducted a technical audit upon, may have serious insecurities, and may lead to you experiencing several software bugs, lags, and / or delays in delivering of certain functionality by the Company, which may lead to total or partial loss of virtual digital assets in any way involved with the use of the Game;
3. You are at least 18 years of age and you hereby explicitly affirm the following:

(a) it is legal to play online games in your age;

(b) you are not a U.S. Person as defined in in Section 902(k)(1) of the Securities Act, 1933 in the US, or resident of the countries sanctioned by the UN, US OFAC, EU;

(c) you may legally transact in virtual commodities available in the Game including, without limitation, in-game assets, which may be deemed Virtual Assets, as defined by the Financial Asset Task Force (FATF), among many jurisdictions, in your country of residence.

Subject to your ongoing compliance with these Terms, we grant you a non-exclusive, personal, limited, revocable, non-transferable license to use the Game on compatible devices that you own or control for your personal use.

You acknowledge that these Terms are subject to change. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Website or the Game or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Website, the Game or Elements. in order to access the Website, the Game or its Elements.

2.1

The Company is still developing the game and its functionalities, you may experience delays in deliverance of the elements of the game and or software deficiencies, bugs. The Game is in Demo mode and you may experience software bugs associated with that fact.

2.2

The Company can not be held responsible for the third parties software you have to use in order to use elements of the Game dependent on the blockchain technologies, wallets.

2.3

For your information, Axes Metaverse offers the following list of risks of purchasing in cryptocurrency token. You warrant that you understand that Axes Metaverse does not guarantee that this list includes all possible risks.

2.4
Early-stage technology.

Cryptocurrency tokens are created and distributed using distributed ledger or blockchain technology. This technology is highly experimental; therefore, participation in cryptocurrency token sales is very risky. Issuers of tokens or virtual coins often use software, new technologies, and new ways of doing business that are in an early development stage and unproven. The software, technologies, and related businesses invested in by the entity issuing tokens could be unfit for their intended purpose and/or not work as effectively or as well as anticipated.

2.5
Protocol-related risk.

The Game utilizes binance smart chain protocol (BSC). The project using them will be adversely affected by any malfunction, dysfunction, or abandonment of these protocols. Additionally, these protocols could be rendered less valuable or valueless by advances in cryptography or other technical advances. For more information please refer to https://academy.binance.com/en/glossary/bep-20

2.6
Unproven software.

Cryptocurrency token use software and other technology that are likely to be in an early development stage and unproven, and there is normally no warranty that the process for receiving, use and ownership of tokens or virtual coins will be uninterrupted or error-free. Such software and other technology could contain weaknesses, vulnerabilities, or bugs that could cause serious problems, including but not limited to inability to use tokens or virtual coins and the partial or complete loss of tokens or virtual coins.

2.7
Blockchain mining attacks.

Any cryptocurrency token using blockchain-based systems that depend upon independent miners may be subject to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attack presents serious risks to every aspect of the cryptocurrency token.

2.8
Volatility.

The entity that issues a token or virtual coin may wish to store or convert cryptocurrency into one or more fiat and/or alternative cryptocurrencies. There could be serious problems making and managing such cryptocurrencies and funds, including difficulties related to the lack of ready convertibility between fiat currencies, cryptocurrencies, and tokens or to dealing with them via traditional market counterparties and intermediaries. If the value of cryptocurrencies fluctuates unfavorably during or after a token sale, the entity issuing the tokens may not be able to fund development or develop or maintain the technology platform allowing use of the tokens as it intended to do. In addition to the usual market forces, the risk of unfavorable fluctuation in the value of cryptocurrencies could be exacerbated by another DAO-like attack on the Ethereum network, by security incidents or market irregularities at one or more of the major cryptocurrency exchanges, or by currently unforeseeable events.

2.9
Loss of your credentials.

If you lose your crypto-wallet credentials or they are stolen, tokens or virtual coins you purchased will be permanently lost. A private key, or a combination of private keys, is necessary to control and dispose of Tokens stored in your wallet. Loss of the private key(s) associated with your wallet will result in loss of tokens. Any third party that acquires the ability to access your private key(s), including by acquiring login credentials of a hosted wallet service you use, may be able to steal your tokens. If your crypto-wallet malfunctions or fails for any reason, including your own failure to properly maintain or use it, may also result in your tokens being lost. Failure to correctly follow the procedures set out in any token sale documentation for buying and receiving tokens, including providing an incorrect wallet address or an address that is not ERC compatible may result in token loss.

2.10
Cybercrime.

Cryptocurrencies and tokens are inherently subject to the risk of cybercrime, which is difficult to protect against. The software used in any aspect of a cryptocurrency token could be hacked, which could result inability to use or outright loss of some or all cryptocurrency and token assets. Entities issuing tokens are unlikely to be required to insure their assets and may find it too difficult to do so given commercial conditions for such insurance.

2.11
Failure or Abandonment.

Any aspect of any cryptocurrency token abandoned or required to be restructured, become or remain technologically or commercially unsuccessful, or be shut down for many reasons, including, but not limited to, lack of interest by the public; statutory, regulatory, or other legal changes; lack of funding; and lack of commercial success due to competing projects. There is no assurance that any tokens or virtual coins you acquire will have the value expected, or any value, at the time you wish to use them. You should understand and accept that the ownership and use of tokens or virtual coins is very risky such that they could be or become unusable or valueless with respect to the exchange of information, services, or value with other token or virtual coin owners, and they typically cannot be exchanged or redeemed to the entity that issued the tokens in return for fiat or alternative cryptocurrencies.

2.12
Regulatory risk.

The sale or use of tokens or virtual coins could be prohibited under applicable securities law. It is possible that existing regulations could be applied, or new regulations could be enacted, affecting blockchain technology-based applications and sales of tokens or virtual coins such that any aspect of cryptocurrency tokens could be negatively affected, requiring its modification or discontinuance and potentially resulting in the loss of tokens or token value.

2.13
No statutory protection.

Tokens do not represent deposits and are not subject to any statutory insurance or guarantees. In the event of insolvency of an entity issuing tokens or any entity involved in a cryptocurrency token, there will be no protection in place to allow recovery of losses.

2.14
Poor management.

All decisions involving products or services of an entity issuing tokens or related or associated party are typically made internally by the entity or related or associated party. Purchasers of tokens have no say in the governance of these companies. These decisions could adversely affect the platform on which your tokens are intended to be used and/or the utility of any tokens you own. Entities issuing tokens are subject to the normal legal, accounting, and tax standards, but they may be operated by persons with very limited business experience.

2.15
Lack of oversight.

Most token sales are not structured or intended as an offer of securities or a promotion, invitation, or solicitation for investment purposes. Token sales are not, therefore, subject to the offering requirements that apply to securities, including legal standards for prospectuses or other documentation. Investing in unregulated tokens does not involve independent review or oversight required by law for securities offerings, and the accounts of token offerors may not be subject to audit requirements.

2.16
Fraud.

Because cryptocurrency token are largely unregulated forms of crowdfunding, there is a risk that dishonest people will use them as get-rich-quick schemes and not even attempt to deliver on the promises and representations made at the time of sale of the tokens. You should assess the quality and credibility of the whole team involved in a cryptocurrency token, including professional advisors, because the risk of fraud is significant in this young untested sector.

By accessing the website, the game and or its elements you confirm that you are doing it in good faith, the resources which you use are legitimately obtained and used in compliance with your local legislation and these Terms. You acknowledge that you’re engaging with the website, the game and or its elements in good faith, responsibly and in compliance with the requirements of these terms and your local legislation.

You accept and agree that blockchain based elements of the game such as Tokens or NFTs will require you to use third parties’ products such as Metamask. It is solely your responsibility to secure your access to your devices, your wallet, the game and or its elements. Please protect your security keys, passwords, email or phone number as this information might be used to compromise your access to the game and or its elements, the company does not agree to be held responsible for your negligence, you acknowledge that BSC transactions authorised by criminals are not reversible and final.

Please be advised to:
a) do not use the same passwords;
b) protect your password and any related secret information;
c) do not share your passwords or security keys with anyone else, even with the company.

We reserve the right to suspend or terminate your access to the Game, if your account is in violation of these Terms. It would not matter if termination of your account, or loss of your access to Metamask are a result of your negligence and disregard of IT security practices.

The company can not be responsible for the losses of your NFTs or Tokens. The Company’s liability is limited by the gross negligence or fraud on the company’s side, any we are not liable for any loss or damage to you or any third party arising from your actions or failures to act to remain in compliance with these terms and your local legislation.

5.1

NFTs means Binance smart blockchain tokens, please check for more details on the technology and the standard https://academy.binance.com/en/glossary/bep-20. NFTs are intended to be “non-fungible” tokens representing a unique in-game item.

5.2

Every NFT in-game item is uniquely identified by a Uniform Resource Identifier (“URI”) identifying an appropriately configured JSON file. An in-game item’s ID (IGID) determines the properties of the in-game item, including the name and description of the properties, a URI identifying any image file associated with the in-game item (Image) and potentially other “metadata” associated with the in-game item.

5.3

You agree and accept that the Company may at any time change or discontinue any or all details or features of the Game Asset Offering (GAO)

5.4

We reserve the right to terminate user’s access to or prohibit the use of any features and options provided by the Game Asset Offering (GAO), if we find the user is violating these Terms. Decision to terminate or suspend and account is in the company’s sole discretion.

5.5

We may monitor the GAO, to ensure your compliance with these Terms and our local legislation.

5.6

Buying, selling or transferring in-game items during GAO is subject to fees and charges defined by the Company and so called GAS fees (transferred to blockchain “miners”, or to independent wallet applications for mining the your transactions) Person to person transfer of an in-game item is at discretion of its owner. Fees include:



a) service fees payable to the Company;

b) commissions on sales of in-game items from person to person of Collectibles;

c) commissions of the BSC (binance smart chain)
Final fees by the company will be presented to a user at the moment of the transaction.

For more information please refer to https://axesmetaverse.medium.com/guide-how-to-purchase-axes-metaverse-nft-f0f620b34f06

5.7

GAO transactions are final, and our fees are non-refundable unless the Company decides otherwise.

5.8

You expressly agree to not deliberately engage in fraudulent trading practices:



a) Manipulate the market price by lowering or increasing values of your trades.

b) Create false trades, where no actual exchange is taking place and or copycat trades, to alter the appearance of the state of the GAO and influencing the market price of the NFT;

c) To conspire or facilitate a conspiracy with different groups or persons or entities to influence the market price, or the natural state of the Market (supply & demand ) for the in-game NFTs;

d) To use GAO to transact as transferable securities, futures, use it in leveraged trading, binary options, debt financing or other transactions qualified as financial instruments;

e) To use GAO as an advertisement platform to sell or advance you as a person, or any business;

f) To use GAO to advance your personal beliefs, political agenda.

5.9

GAO of the Company is not and you expressly acknowledge it:

a) GAO is not a loan or an investment in the Company;

b) GAO does not offer interest or returns;

GAO is not a transferable security, payment instrument according to the laws of British Virgin Islands.

5.10

You agree to use BSC and agree that the Company does not in any form control BSC.

5.11

The Company cannot be responsible if you choose to use third-party marketplaces, transact with other users in any other way except the Marketplace.

Significant change in these Terms cannot occur sooner than 30 days after the changed version is made available on the Company’s website. Please check the notifications regarding the Terms in a timely manner. If you do not agree with revised Terms, please do not access or use the game and the Website.

Company, or its officers, directors, employees and representatives are free from claims and suits against any and all losses, liabilities, expenses, damages, legal costs, claims or actions of any kind whatsoever arising or resulting from your use of the game, in-game items and Website, your violation of these Terms or your local legislation.

8.1

The Company owns title, and Intellectual Property Rights over the website and Axes Metaverse solution, its “look and feel”.

8.2

The game and Website contain proprietary information that is protected by copyright.

8.3

You are prohibited to copy, modify, rent, lease, loan, sell, distribute, perform, display or create Derivative Works based on the Website and the Game, in whole or in part.

8.4

You are prohibited to recreate the look and feel of the website and the game by utilising designs, IT solutions, data, operations, internal documents, information collectively called Solution. Solution is owned by the Company, protected by the copyright, patents, international conventions and applicable laws.

8.5

Unless you receive a written consent from the Company you are not granted in any form with ownership over the Solution or parts of the Solution.

8.6
You acknowledge and agree:

a) Participation in GAO, by which we mean you purchasing an NFT from us, does not warrant you a right or a licence to the designs, drawings including but not limited to: commercial use or reproduction and distribution.

8.7

In case you shared with us your comments, ideas, and provided feedback, you agree that the company may use these materials without remuneration to you. Said feedbacks become an intellectual property of the company.

8.8
You are prohibited to:

a) distribute, share or make available any Content that is in violation of these rules or your local legislation including but not limited to: infringing copyrights, offensive, violent or hate inducing, encouraging criminal behaviour;

b) distribute or assist in distribution of any form of software with a destructive and or fraudulent nature, such as spyware, malware, ransomware including but not limited to: viruses, worms, defects, Trojan horses, exploits;


c) engage in the identity fraud or impersonations of any kind;

d) to violate other user’s privacy in any form;


e) to promote or conspire to engage in illegal activities
including but not limited to money laundering, an authorised financial services;


f) to create distractions to alter with other user’s positive experience in Metaverse;


g) to use the Game or its elements, or the Website in unauthorized commercial enterprises;

h) create and distribute unauthorized marketing campaigns advertisement such as junk email, spam;



r) reverse engineer or modify the Website and the game;


j) delete copyrights and trademarks;


k) frame the Website or the game in full or portions;


l) stalk, harass, suggest sex, engage in inappropriate conduct with other users;


m) to use software and hardware in order to retrieve user’s data from the game, website, socials to use the data in unlawful activities;


n) to cheat the competition by utilising software and hardware providing with unjust advantages you or your conspirers;


o) create false accounts;


p) to gain unauthorized access to other user’s accounts, wallets, in-game items


q) to copycat the website and the game.

8.9
You are prohibited to:

Ownership and Intellectual Property Rights over in-game items belong to the creator of the item. Completed transaction on the Company’s Marketplace assigns the rights to sell and display the in-game item only. No other rights including commercialization can not be reassigned.

You will be provided with the links to the external resources while browsing the website or accessing the game or while participating in GAO. Use them carefully as they are outside of our control. You acknowledge that the company cannot be held responsible for all failures of the damages caused by the 3rd party resources and software.

You acknowledge that the company will not be held responsible for the failures of the hardware you use to access the game.

You may terminate your Game account at any moment.
The Company may terminate or suspend your access to the website, socials, GAO, the Game without prior notice.

Breach of these Terms or any prohibited activity would result in immediate suspension of your Account, we will block and delete any infringing Content and enforce legal actions.

Please contact us at legal@axes.io if you have information that our users generated a copyright infringing content and distribute it via our Website or Game.

To the extent possible, the Company may try to reach the would-be infringing party to forward your concerns.

The Company will also, at its sole discretion, (i) block any kind of Content uploaded by users; (ii) suspend user Accounts; and/or (iii) request documents evidencing the right of the contributor to use Intellectual Property Rights embedded in the Content.

Parties of this agreement agreed to practice negotiations and communications to resolve any disagreement or dispute, before utilising arbitration or court.

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration at the BVI International Arbitration Centre.

Specifically, any dispute that is not resolved under the Initial Dispute Resolution provision shall be finally settled under the Laws of British Virgin Islands