1. Parties; Effective Date

These “Terms of Use” (“Agreement” or “Terms”) are between Myland Meta LLC, a corporation organized under the laws of the State of Delaware (“Myland Meta”, or “Myland”) and the person accepting these Terms (“User” or “You”). It is effective on the date that You “Accept” these Terms electronically.

2. Purpose of Agreement

Myland Meta is a Blockchain based Metaverse project (Myland Metaverse Project) that allows users to instantly buy and sell virtual land directly from your crypto wallet or with credit card on www.myland.earth website (the Site”, or “Myland.Earth”). The Site is part of the services that Myland Mata project offers, allows users to interact with other users through Metaverse games to conduct in-game land non-fungible token (NFT) trading, forge NFTs, create and build in-game economics for collectable portfolios with real business process. The following terms and conditions, together with any documents, expressly incorporate by reference, govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site, are entered between you and Myland Meta. The Site includes the global trading platform for ownership of virtual land created inside Myland.Earth.

3. Accepting these Terms

These Terms of Use set out your rights and responsibilities when you use services (collectively, the “Service”) that Myland.Earth offers, to buy and sell virtual land NFTs, or create a collection of digital land NFT collectables on the Site. Please read these terms carefully. The Site is a platform that facilitates transactions between a buyer and a seller of virtual land. The Site does not serve the peer-to-peer agreement between the buyer (User) and seller (User) for secondary-market transactions.
By clicking on the “I Accept” button, You agree that “I have read and accept the terms and agreement, completing the account registration process, to use the Site; you accept and agree to be bound and abide by the Terms of Use and all of the terms incorporated herein by reference. By agreeing to these terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms of Use, you must not access or use the Site.”
Please note that this Agreement contains an arbitration clause and class action waiver. By agreeing to these Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

4. Changes to Terms

Your use of the Service is subject to all additional terms, policies, rules, and guidelines applicable to the Service and certain features of the Service that we may post on or link to the Service, and all such additional documents are incorporated by this reference into, and made a part of, these Terms especially, but not limited to the methods and processes defined and made available by the features and functions of the Site and associated documents.
We reserve the right to amend these terms and conditions from time to time. In particular, we expect to revisit these terms to accommodate the full functionality of the Site.
Changes or Discontinuance of the Service: We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service.
By accepting these Terms of Use (as described above) or by using the Service, you accept all of the aforementioned additional policies, terms, rules, documents and features.

5. Your Member Account

A key element of the Site is the interactions between users. We encourage active interactions among users, but users are required to conduct themselves in a lawful and respectful manner.
In order to buy and sell virtual land, to post information to the website or to otherwise interact with other users on the Site, you must become a member first. To become a member, you must complete your registration details in the manner described in the Site Registration Form. Membership is free but it is not transferable.
You need to create an account on the Site to use the Service. When you create an account, we may require you, in our sole discretion, to provide additional information and/or documents besides the basic information required for registration. If you do not provide the complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Service.
Your Myland.Earth Member Account (Member Account), is subject to the following conditions:
1) You may only open one account on the Site. If we have a reasonable suspicion that you have opened multiple accounts we reserve the right to take whatever action we deem appropriate, including but not limited to closing and/or freezing your accounts.
2) Access: you understand and agree that access to your Member Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your account to any person without our prior written permission.
3) Security: you understand and agree that you are solely responsible for maintaining the security of your account and control over any user names, passwords, or any other codes that you use to access your account and the Service. Any unauthorized access to your account by third parties could result in the loss or theft of land NFTs and/or funds held in your account and any associated accounts. You understand and agree that you will not hold Myland.Earth responsible for managing and maintaining the security of your account. You further understand and agree that Site is not responsible (and you will not hold the Site responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify Site Support Team immediately.
4) Trading Fees: by buying or selling NFTs on the Site, you agree to pay all applicable fees and you authorize the Site to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to your purchase or upon resale of a parcel of virtual land on the Site.
5) Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record is considered valid.
6) USD Balance: certain approved users may carry a balance in US Dollars to facilitate transactions on the Site. In general, You, as the User, are the owner of your balance.
7) Notices, Electronic Communications:
Myland.Earth may provide user with notices, including those regarding changes to this Agreement, by email using the information provided by users in their account, or by postings to the Site. Notice is deemed given upon the earlier of (a) actual receipt, (b) twenty-four (24) hours after an email is sent, or (c) ten (10) calendar days after a notice is posted to the Site. User stipulates to electronic communications as the sole method of notice and communications, including service of legal process. During the term of this Agreement it is possible that the purchase, sale, use, and transfer of ownership of virtual land on the Site which may become subject to one or more laws not in effect as of the Effective Date, or a change in the ownership of intellectual property rights of any property licensor relevant to land NFTs or tokens. Such new Laws, if any, or change of ownership, may fundamentally alter the power of the Site to grant the rights above or the exercise of such rights by User. In such case, Site shall update its terms of service and notify User electronically of any amendment to this Agreement.
You may contact Myland through email: support@myland.earth. Myland.Earth may update its contact information in accordance with the terms for modification of this Agreement.

6. Virtual Land, Not Real World Property

The land unit on the Site being used is “Lot” or “Tile” to represent a 10x10 meter space in the real Earth. The “Lot” is used more in context of land NFT transactions, and “Land Tile” is more referenced in the context of gaming environment for online game development and descriptions.
Myland.Earth may sell quantities of virtual land in “lot”, or “lots”, “tile”, or “tiles”, and “parcels” that fictionally correspond to land on the real Earth. Such “lot’ and ‘tile’ of virtual land are comprised of portions that are 10 x 10 meter space on the real Earth. Parcel’s size may vary based on geographic location on which the parcel is based in the real world. In general, parcels contain a number of land lots or land tiles.
Notwithstanding anything to the contrary, no references to land, lots, tiles, parcels, square meters, landmarks, or any related words or concepts in these Terms are intended or shall be deemed to or refer to transfer or convey any actual structure, land, or other real property or real estate, or any other direct or indirect legal, ownership, or economic interest in any of the foregoing.

7. Links to Third Parties

Through Sites and platforms owned or under the control of Myland Meta, users may be offered the opportunity to purchase goods and/or services from third parties (by way of example, physical goods offered by a manufacturer other than Myland Meta) and to engage in activities at those other links and on those other platforms. Myland Meta is not responsible for the terms of use for such other site, or the goods/services purchased from third parties, or the user experience at such sites.

8. Dispute Resolution

In the event of dispute, the parties involved in dispute shall attempt to resolve any disputes through good faith business negotiations or facilitative mediation via email or messaging communications, online conference, or meetings in Wilmington, Delaware, or any other agreed places by the parties involved in dispute. The parties may agree to participate electronically through a platform by which all parties and the mediator can be seen and heard (such as Zoom). All disputes or claims arising out of or relating to this Agreement (including the breach thereof) shall be settled by arbitration, to be conducted by a single arbitrator in Wilmington, Delaware, by and in accordance with the then effective commercial rules of the American Arbitration Association or similar professional dispute resolution provider; provided that the arbitrator shall not have authority to issue injunctions against Myland Meta or its customers. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Other legal proceedings, if any, shall be initiated and maintained only in the United States District Court for the District of Delaware.

9. Third-Party Services

We may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your account with an account on a third-party service, such as Instagram or Facebook, or through our implementation of third-party buttons (such as "like" or "share" buttons). Third-party services are not under our control, and Myland Meta is not responsible for any third-party service’s use of your exported information.

10. Making Payments through Service

Through the Service, you will be able to make payments (as the "Payor"). Normally there are two payment categories:
1) Buy and pay for Myland.Earth generated virtual land NFTs directly from Myland.Earth (not purchased from another user): Payments made to Myland.Earth for direct purchases, a 3-day refund policy is available when the purchase amount exceeds $25.00 (The Blockchain Gas Fee and the NFT Burn Fee will be deducted from the refund) when user finds the purchase problematic, and provided the purchased item is not re-sold to another user.
2) Buy and pay for another user’s land NFT: When user making payments for the items directly to other users, unless otherwise expressly stated in these terms or unless otherwise agreed to, all payments are made between Users peer-to-peer are final and non-refundable, except as required by applicable law.
When you, a user, making a payment, you represent and warrant that you have the authority and rights to use the payment method selected by you and that such payment method has sufficient funds or credit available to complete your payment. We reserve the right to close any user’s account with unauthorized charges.
A transaction that a user receives payments through Service from another user, such transaction is between the User and the Payer, with the Service acting solely as a facilitator by providing the User and Payor with the payment service. There is a 5% creator fee that the Site collects on this type of purchase and the payment service provided on our Site. For a consistent user experience and as a convenience to all registered members, we process all payments

11. Intellectual Property

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (collectively as "Intellectual Property" or "IP") are protected by law. All IP contained in the Service is Myland Meta’s property. We grant to our members a non-exclusive, personal, limited, revocable, non-transferable license to use the Service on compatible devices that members own or control for members’ personal entertainment use. This includes the right to download and use the software that we make available for download as part of the Service, in object code form only. The software included in the Service is licensed, not sold, to members for use only pursuant to the Terms and only in connection with use of the Service. We reserve all rights to the IP not granted expressly in these Terms.

12. Restrictions

You may not rent, lease, lend, sell, redistribute or sublicense any portion of the Service, including software. You may not copy, distribute, publicly perform, publicly display, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the Service or any downloaded or underlying software or technology (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service.

13. Breach

If you breach the license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution any damages, as well as liability for infringement of intellectual property rights.

14. Software Updates

These Terms will govern any updates provided to you by us that replace and/or supplement any part of the Service, unless such update is accompanied by a separate license, in which case the terms of that license will govern.

15. Third-Party Contents

Third-Party Content Disclaimer. Certain portions of the Service may include, display, or make available data, information, applications or contents from third parties ("Third-Party Contents"). You understand that by using the Service, you may encounter Third-Party Contents, such as third-party advertisements and promotional content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may contain links or references to objectionable material. Nevertheless, you agree to use the Service at your own risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, objectionable, inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise. If you see any content or information (including Third Party Contents) on the Service that appears to recruit, entice, advertise, or solicit any person to perform a commercial sexual act or anything that unlawful, please immediately report the user and situation to our support team contact at support@myland.earth.

16. Use at Own Risk

Third party services as discussed above and Third-Party Contents that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. We make no representation that such services and contents are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

17. Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify us and our officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents (together, the "Affiliated Parties") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property or proprietary right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

18. Disclaimers, No Warranties

The Myland.Earth Service and all contents and materials available through the Service are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. To the maximum extent permitted by applicable law, the affiliated parties disclaim all warranties of any kind, whether express or implied, relating to the Service and all contents and materials available through the Service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. The affiliated parties do not warrant that the Service or any portion of the Service, or any content or materials offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

19. No Responsibility

No advice or information, whether oral or written, obtained by you from us or any contents available through the Service will create any warranty regarding any of the affiliated parties or us that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the Service, your dealing with any other users on the Service, and any materials or content available through the Service. You understand and agree that you use the Service, and use, access, download, or otherwise obtain contents through the Service and any associated sites or Services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Service), or the loss of data that results from the use of the Service or the download or use of that content. These limitations apply to the maximum extent permitted by applicable law.

20. Limitation on Liability

No Consequential Damages: To the maximum extent permitted by applicable law, in no event will the affiliated parties be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage. To the maximum extent permitted by applicable law, you agree that the aggregate liability of the affiliated parties to you for all claims relating to the use of or any inability to use any portion of the Service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to $1,000 (except as noted in the arbitration section below).

21. Dispute Resolution

Arbitration, No Class Actions and Severability: You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and we agree as follows: (a) neither you nor we will seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this section is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

22. Waiver

No waiver of any part of these Terms by either you or us shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.

23. General

These Terms, together with the other documents expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and us regarding your use of the Service. Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time to any entity without notice or consent. This agreement is binding on and inures to the benefit of our respective heirs, successors and assigns. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from these Terms), and the remaining parts will remain in full force and effect. Nothing in these Terms shall be deemed to confer any rights or benefits on a third party. You and we agree that any cause of action related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

24. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

25. Compliance with Laws

You will comply with all laws in your use of the Service, including any applicable export laws. You will not directly or indirectly export, re-export, or transfer the Service to prohibited countries or individuals or permit use of the Service by prohibited countries or individuals.

26. Automated Collection and Disbursement of Fees

The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Polygon Blockchain Network. By transacting on the Myland.Earth and by using the smart contracts, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of land NFTs on Site. The User hereby consents to and agrees to be bound by the smart contracts' execution and distribution of the fees, commissions, and royalties. Users hereby waive any entitlement to royalties or fees paid to another user by operation of the smart contracts.
1) Consent to Automated Royalties to Creators. The User consents to the automated collection and disbursement to Creators of royalties for Secondary Market sales of land NFTs. The User hereby waives any first sale defense or argument with respect to Secondary Market activities resulting in royalty to the Land NFT Creator.
2) No Representations on Price. Users acknowledge and consent to the risk that the price of a land NFT item purchased on the Site marketplace may have been influenced by User activity outside of the control of the Site. The Site does not represent, guarantee, or warrant the accuracy or fairness of the price of any land NFT sold or offered for sale on or off of the Site. The User agrees and acknowledges that Site is not a fiduciary nor owes any duties to any User of the Services, including the duty to ensure fair pricing of Site’s land NFT items or to police User behavior on the Site. Myland.Earth is however active on community building and rely on community’s self-monitoring power to maintain a safe NFT marketplace environment for every member. Please communicate with your fellow community members on Myland Metaverse’ social media platforms including Discord, Telegram, Twitter, Instagram and Facebook.
3) Direct and First Market Transactions. Myland.Earth does not collect any service fees from the first direct sale of any land NFT generated by the Myland Digital Earth Program.
4) Second Market Transactions: To support the Myland Digital Earth Program Creators and the Site, we encourage Collectors to list Items for sale on the Site Marketplace. There is a 5% creator on each land NFT transaction for each time it is being sold on the Site.
5) Myland NFT Collectors are permitted to sell or transfer their Items on third party exchanges. The Creator and all other Users hereby waive any entitlement to royalties or fees for off market transactions. The User irrevocably releases, acquits, and forever discharges the Site and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or Fees not received by the User from any off-market transaction.
6) All secondary transactions are final and non-refundable. All transactions that are done are subject to the immutable nature of the Polygon public Blockchain and may not be reversed and are final once it is confirmed and non-refundable.