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TERMS and Conditions

Welcome to D10 Please read these Terms and Conditions (“Terms,” “Terms of Use,” “Terms and Conditions”) carefully before using the D10metaverse.com website and any associated mobile and software applications on which these Terms are posted (together, or individually, the “Service” or “Website”) operated by D10 Inc. (“D10,” “us,” “we,” or “our”). “You” or “Your” refer to “Users” who are playing games, commenting on our forums, and/or making purchases on our site, “Publishers” who are listing games (including both the individual user posting the games and any company or business identified in the job posts), or any other users who are accessing or using the Service.

These Terms constitute a legally binding agreement between D10 and you concerning your use of the Service and contain important provisions affecting your rights, including by requiring arbitration of claims on an individual, rather than class wide, basis, as outlined below. We encourage you to print these Terms or save them to your device or computer for reference. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and to use the Service in a professional manner using real information and as intended by the Service. If you disagree with any part of the Terms then you do not have permission to access the Service. By accessing or using the Service you also agree to be bound by the separate Privacy Policy, which is incorporated herein by reference.

Eligibility

You must meet the age requirements discussed below to visit or use the Service and, if using the Service on behalf of a company or employer, authorized to act for and bind, and hereby do bind, the company or employer to these Terms.

You may not access or use the Service if you are under the age of 13, regardless of where you live. In most cases, you may access and use the Service if you are at least 13. For example, this is true if you live in the United States, Canada, the United Kingdom, or in a part of the European Union where the age of consent is 13 (such as Spain, Denmark, or Poland). However, you must be at least 16 to use the Service if you live in a part of the European Union where the age of consent is 16 (such as Germany, Hungary, or the Netherlands). In some cases, we may limit access to users who are at least 18. For example, you must be at least 18 to use the Service if you live in Brazil, China, or India.

When you access the Service and/or create an account, we may use location data to determine where you live, and you may be asked to provide your date of birth. As a condition of using the Service, you warrant that any information you provide regarding your date of birth will be accurate, and that you will not attempt to mask or modify your location data to suggest that you are accessing the Service from a different location. We may require you to take additional steps to prove your age if we determine, in our reasonable discretion, that you may have inaccurately represented your age or location. If at any time we discover that a user under the permitted age for that user’s jurisdiction has accessed the Service, we may immediately terminate that user’s account.

Dispute Resolution and Mandatory Arbitration

Customer Service. We encourage you to seek resolution of any “Claim” by first contacting us at the contact information below. “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”) related to or arising out of these Terms, the Privacy Policy, or the Service

Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN NEW CASTLE COUNTY, DELAWARE BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION.

If you are a U.S. resident, this arbitration provision will be governed by the Federal Arbitration Act and federal arbitration laws. The arbitration shall be administered by JAMS pursuant to its “Streamlined Arbitration Rules and Procedures,” or another arbitrator or arbitral forum if JAMS is unavailable, and the arbitrator shall apply Delaware laws. For more information, see http://www.jamsadr.com . The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in the county where you reside. Upon request, or if you show that arbitration fees would be cost prohibitive, we will pay your initial consumer arbitration fee of $250 to JAMS. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less. If you reside outside the United States and bring a Claim outside the United States, the laws may allow you to bring a Claim where you reside. For residents of Canada, the European Economic Area, Switzerland, or the United Kingdom, see https://adric.ca/ and https://ec.europa.eu/odr as applicable. For residents outside of the U.S., except where specifically otherwise prohibited by law, you agree that your dispute will be governed by the London Court of International Arbitration (the “LCIA”), and that you will be subject to the most current version of these rules as of the time when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at: https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx . The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. This arbitration agreement shall survive termination.

Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN NEW CASTLE, DELAWARE. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN NEW CASTLE, DELAWARE.

Choice of Law. If you are not a U.S. resident, the laws of England and Wales (also known as English Law) shall apply, without regard to English Law’s conflict of law rules. If you are a U.S. resident, THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN NEW CASTLE COUNTY, DELAWARE AND SHALL BE GOVERNED BY DELAWARE LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. While D10 reserves the right to remove content from the Service, such as for errors or violating these Terms, it does not assume any obligation to do so and disclaims any liability for failing to do so.

Accounts and Features

General. If you create an account, you warrant that your information is accurate and authorized. If you have an account for both Gaming User and Publisher capabilities, you may switch between your account modes in your settings. You are solely responsible for your account activity, including any game listings or downloads, purchases, and ensuring that you are legally permitted to play any games you identify; you must notify us of suspicious or unauthorized account or other activity relating to the Service, and we disclaim all liability for use of your account. You are responsible for all activity related to your account, and you should not share login credentials. We retain the right to terminate or suspend your account or remove your content, such as if you violate these Terms or any applicable laws.

Publishers. Publishers may list games through the Service, either through their account, a third-party aggregator, or by contacting us directly. Publishers agree to provide all required information to post a game, including information about the game’s MPAA rating, any applicable warnings about the game (such as if it causes a risk of seizures in players with epilepsy), and agree that all game postings will comply with these Terms and all applicable laws, including in the jurisdiction where the game is downloaded and to be played and where you are located. Game listings will be promptly (but not immediately) posted and may be reviewed and/or removed for violation of these Terms. Publishers may choose to have Gaming Users redirected to an external URL provided by the Publisher. If Publishers use a D10 account, they may log in to view, edit, and close their game listing, view receipts for purchased games, and view drafts of game listings before posting. In our discretion, we may share game listings with our partners for purposes of further publication of the respective game listing. Publishers agree to only use Gaming User information obtained through the Service in strict confidence for the sole purpose of providing the game in question. Publishers may not sell or disclose user information, including payment information, to third parties or “spam” or contact Gaming Users for purposes other than fulfilling the game order. Publishers further agree to implement appropriate measures to prevent unauthorized or illegal processing of consumers’ personal information, to protect such information against loss or damage, and to comply with applicable data privacy and security laws and standards, including by posting an accurate privacy policy on any websites that redirect from the Service and maintaining reasonable data security protocols to protect Gaming User data. If you are using the Service on behalf of a business that provides evidence that you are not authorized to act on its behalf, we may remove you from associated accounts.

Prohibited Activities

General. In using the Service you agree not to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online website; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes without our express prior consent; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, including in creating and using an account, conducting fraud, hiding, or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) create, use, edit, or publicize an account or any content, including a game listing, review, or forum post without proper authorization; (xiv) provide any false, misleading, or unlawful information to us or in connection with the Service; (xv) use the Service in any way that violates these Terms or any applicable law, infringes the rights of third parties, or constitutes fraud, abuse, or harassment; or (xvi) use or monitor the Service for any competitive commercial purpose.

Children

Virtual reality gaming carries some risk of injury and illness. We do not manufacture virtual reality devices, and we have no ability to monitor or control activity on virtual reality headsets. If you are under the age of 18 in a jurisdiction where you are still allowed to use the Service, or if you are an adult using the Service to locate games for a child under the age of 18, you should pay particular attention to some of these risks and discontinue use of your virtual reality headset if any of them occur.

Motion Sickness

Playing any of the games appearing on our Service may cause motion sickness in some players. If you or your child feels dizzy or nauseous while playing, you should immediately stop and rest. Avoid operating any heavy machinery or engaging in any other strenuous or dangerous activities until you feel better.

Epileptic Seizure

Certain individuals may be susceptible to epileptic seizures or loss of consciousness while playing on a virtual reality headset. If you or anyone in your family (or your child’s family) has ever experienced epilepsy symptoms or been diagnosed with epilepsy, you should consult with your doctor before playing any virtual reality game.

Safety while Playing

Make sure any area where you are playing is free from obstacles, and that you are not playing near any stairs or edges from which you could fall. Virtual reality headsets restrict your ability to see your surroundings, and a play area that starts off as safe may become unsafe as conditions change. You should periodically take a break to make sure you still have an unobstructed play area. The amount of space you need to play the game will vary depending on the game. You should carefully read the warnings provided by each game’s developer for more information about how much space is needed.

Need for Breaks

Most virtual reality headset manufacturers provide guidance on how long you can safely play on their device before you should take a break. You should carefully review this guidance before playing. Playing for too long, especially uninterrupted, can risk injuries including eye strain, muscle soreness and weakness, and more. In addition to taking regular breaks as recommended by the manufacturer, you should wait at least a few hours before resuming play if you begin to experience any of these symptoms.

Assumption of Risk

D10 is not responsible for reviewing third-party content, including Publisher or Gaming User content. You accept that, by using the Service, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you understand that there are risks when dealing with other parties online. You assume those risks and all risks of using the Service. It is your responsibility to conduct your own due diligence, including through reading any reviews and research, and you are solely responsible for your interactions with other users, for your decision to purchase and/or download a game or modification, and for determining compatibility with your device. When you follow a link to a third-party website, you do so at your own risk. Further, D10 is not responsible for storing or maintaining any information, subject to applicable laws, and you should make and keep copies of your own data.

Intellectual Property

D10 Service, logos, websites, domains, text, graphics, software, images, trademarks, copyrights, content and features, functionality, source code, arrangement, and other parts of the Service, exclusive of user or third-party content, are the exclusive intellectual property of and owned by D10 or its licensors; and the Service and its features and functionality are and will remain the exclusive property of D10 and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of D10.

This notwithstanding, as between you and D10, you will remain the owner of your content, including any reviews or testimonials, game listings, (which in turn includes any content description, Publisher name, logo, trademarks, and copyrights, and game-related data), and content and websites to which D10 users may be redirected from the Service. In using the Service, including by posting or providing any content, you expressly grant to D10 a perpetual, non-exclusive, royalty free, worldwide, revocable (unless published to a third party), sublicensable, transferrable license to use, provide, publicly display, adapt, and make derivative works from your content, in any form or media, in connection with the Service and our Privacy Policy, including to post and distribute game listings and reviews to other Gaming Users and partners. This license includes the right to share game listings with third-party platforms for purposes of further publication of the respective game listing(s) and for D10 to use Publisher names and logos, as well as any reviews or testimonials, in marketing D10 or the Service. Further, this license will survive even upon termination or if you stop using the Service, provided that you may edit or remove content as provided by these Terms. You warrant that you have the rights and authority to grant this license.

Links to Other Websites

Our Service contains links to third-party websites or services that are not owned or controlled by D10. For example, if you select a listing that redirects to an external website, you will be redirected to such third-party website.

D10 is solely a platform and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party companies, content, websites, or services. We do not warrant the offerings of any of these third-party entities/individuals or their websites, regardless of whether you purchase a game using the Service, are redirected to a Publisher’s website, or save listings through your account.

You acknowledge and agree that D10 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services provided by, or available on or through, any such third-party companies, content, websites, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole reasonable discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or violation of any applicable law. We may also remove any content, including any game listings and/or your access to games in your library, for failure to comply with these Terms or if you are engaging or have engaged in fraud or abuse. You may appeal a termination or removal by contacting us within 30 days.

You may terminate your use of the Service at any time by discontinuing your use of the Service, provided that you will still owe any outstanding fees due.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the dispute resolution and arbitration terms, ownership and intellectual property terms (except D10 may terminate your license to access and use the Service), warranty disclaimers, indemnity, miscellaneous terms, and limitations of liability.

Indemnification

To the maximum extent permitted by law, you (including any individual user and business using the Service) agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless D10 and its licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of or access to the Service, including your account, content, community posts, game listing, and any Game List; or b) your violation of these Terms or any applicable law.

Limitation of Liability

IN NO EVENT SHALL D10, NOR ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, OR RESULTS FROM, THE SERVICE, INCLUDING ANY ACCOUNT, CONTENT, COMMUNITY POST, GAME CONTENT, GAME LISTING, OR GAME LISTS; (II) ANY GAME LISTING OR GAME THAT YOU MAY POST OR OBTAIN IN CONNECTION WITH THE SERVICE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING GAMING USERS AND PUBLISHERS, ON THE SERVICE; (IV) ANY CONTENT OBTAINED FROM THE SERVICE RELATING TO A THIRD-PARTY GAME LISTING; AND (V) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D10 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) ANY USER OR OTHER THIRD-PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL D10, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00 OR WHAT YOU HAVE PAID TO US.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF D10 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

D10 AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

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