Terms of use

Last Updated: August 11, 2022

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and 2040world (“we", “us", or “our") concerning your access to and use of the 2040world.io website and the 2040world app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site" and the “App"). 2040world is a distributed application that is currently running on the Solana Network (solana.com), (the "Blockchain''), using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own, transfer, battle, and breed genetically unique digital creatures. It also enables users to own and transfer other digital assets like plots of land and items.

These assets can then be visualized on a website that the user can interact with (the "Site").

The information on the Site 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 while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.

The 2040world is offered and available to users who are 18 years of age or older. By accessing or using The 2040world, you represent and warrant that you are of legal age to form a binding contract with 2040 Meta and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use The 2040world.

  1. Acceptance of Terms
    1. By using our Site, the Smart Contract, or any other 2040world product, you are confirming that you have read, understand and agree to be bound by all these terms of use. If you do not agree to all these terms of use, then you are expressly prohibited from using the Site, the Smart Contracts or any other 2040world products and you must discontinue use immediately.
  2. Intellectual property rights
    1. Unless otherwise indicated, the Site 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 (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 Republic of Cyprus, foreign jurisdiction and international conventions. Except as expressly provided in these Terms of Use, no part of the Site, the App 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.
    2. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that the 2040world is not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.
    3. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and the Smart Contract (“Submissions") provided by you to us 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.
  3. General Prohibitions and 2040world`s Enforcement Rights
    1. You agree not to do any of the following:
      • Use, display, mirror, or frame the Site or any individual element within the Site, Site’s name, any 2040world trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the 2040world’s express written consent;
      • Access, tamper with, or use non-public areas of the Site, 2040world’s computer systems, or the technical delivery systems of 2040world’s providers;
      • Attempt to probe, scan, or test the vulnerability of any 2040world’s system or network or breach any security or authentication measures;
      • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the 2040world or any of 2040world’s providers or any other third party (including another user) to protect the Site;
      • Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by the 2040world or other generally available third-party web browsers;
      • Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
      • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site;
      • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
      • Impersonate or misrepresent your affiliation with any person or entity;
      • Violate any applicable law or regulation; or
      • Encourage or enable any other individual to do any of the foregoing.
  4. Account Access and Security
    1. The 2040world has no responsibility for any breach of security or unauthorized access to your account (the "Account"). You are advised to: (a) avoid any use of the same password with your selected third party private key manager that you have ever used outside of the third party private key manager; and (b) keep your password and any related secret information secure and confidential and do not share them with anyone else.
    2. Access to the Tools is provided via a third party private key manager selected by you (e.g., a Web3 Provider, Metamask, a USB interface for Ledger Wallet, the Mist browser, or other). Security and secure access to each account in the Tools is provided solely by the third party private key manager you select to administer your private key. You and the third party private key manager you select are entirely responsible for security related to access of the Tools and all information provided by you to such third party provider (including without limitation, email or phone number)
    3. You are solely responsible for all activities conducted through your Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, the 2040world may suspend or block your Account (or Accounts).
    4. The 2040world cannot and will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your Account.
  5. Assumption of risk
    1. You accept and acknowledge each of the following:
      1. 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 Tokens, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Tokens will not lose money.
      2. You are solely responsible for determining what, if any, taxes apply to your Token-related transactions. 2040world is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contract.
      3. The App does not store, send, or receive Token. This is because Token exists only by virtue of the ownership record maintained on the App’s supporting blockchain on the Solana network. Any transfer of Token occurs only on the Solana network.
      4. 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 wallet. You accept and acknowledge that 2040world will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Solana network, however caused.
      5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the 2040world ecosystem, and therefore the potential utility or value of Tokens.
      6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the 2040world ecosystem, and therefore the potential utility or value of Tokens.
  6. Third-Party Website and content
    1. The Site (or you may be sent via the Site and/or the App) links to 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").
    2. 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, or any Third-Party Content posted on, available through, or installed from the Site and/or the App, 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 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 that 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 App or relating to any applications you use or install from the Site and/or the App.
    3. 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.
  7. Termination
    1. At any time and without notice, The 2040world reserves the right to modify or stop offering all or part of the Services. The 2040world may, in its sole discretion and at any time, refuse anyone who requests access to The 2040world products terminate your rights to create and/or upload Assets and Games, and/or block or prevent your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your Assets and Games in accordance with these Terms.
  8. Governing law
    1. These Terms of Use and your use of the Site are governed by and constructed in accordance with the laws of the Republic of Cyprus applicable to agreements made and to be entirely performed in the Republic of Cyprus, without regard to its conflicts of law principles.
  9. General Terms
    1. 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.
    2. 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.