Game Terms of Use

Raicers Terms of Use

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Date: 21 February 2024


These Raicers Terms of Use (Terms) apply to you (“you”, “yourself”, “your”) and Futureverse Corporation Limited, a New Zealand Limited Liability company with its registered office at 17 South Street, Newton, Auckland 1010, New Zealand (“Futureverse”, “we”, “our” and “us”) regarding your use of the metaverse racing game called Raicers, discussion forums, and related services.


Please read these Terms carefully. By accessing, downloading, installing, or using the Game, whether or not you are a registered user, you are agreeing to these Terms.

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Definitions

As used herein and throughout these Terms:

1.1

Futureverse Corporation Limited (Futureverse)

is a New Zealand Limited Company, the creator of “Raicers” the game.


1.2

Game

means the Raicers Game.


1.3

Altered State Machine (ASM) Platform or Altered State Machine Protocol

is a decentralised protocol providing services relating to ASTO, A.I., Machine Learning, NFTs and other functions, and made available publicly on the internet.


1.4

Altered State Machine (ASM) Brains or ASM Brains

is a collection of digital collectables.


1.5

ASTO

is a protocol utility token for the ASTO AI Protocol.


1.6

Desktop App or App

means the metaverse racing game called “Raicers” application including discussion forums, all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the App and related services;


1.7

Digital Collectible(s)

means a unique or limited virtual item, featuring a verifiable certificate of ownership.


1.8

Futureverse Marks

means the registered and unregistered trade marks (in word or logo form) of Futureverse and/or any of its affiliated or related companies including, without limitation: RAICERS, FUTUREVERSE, FUTUREPASS, F PASS, ALTERED STATE MACHINE, ASM, ASTO and NON-FUNGIBLE INTELLIGENCE;


1.9

Risk Disclosure

means the Futureverse Risk Disclosure describing some of the risks associated with digital assets and smart contracts, as well as some other risks.


1.10

Whitepaper

means the Futureverse whitepaper available here:
<a href="https://www.futureverse.com/research-item/whitepaper">
https://www.futureverse.com/research-item/whitepaper
</a>
.


1.11

Rewards and Prizes

mean rewards earned by participating in in-Game activities. These could be in the form of Digital Collectibles, ASTO or any other in game currency.


1.12

Social Media Platform

means any website, program or application that enables its users to create and share content over the Internet, including without limitation, Facebook, YouTube, WhatsApp, Instagram, TikTok, Snapchat, Pinterest, Reddit, LinkedIn, and X (formerly Twitter).


1.13

Third Party Content

means content that is uploaded, posted, submitted or otherwise transmitted by third parties, including but not limited to, in the form of APIs, links or feeds from or to other websites or resources.


1.14

New Zealand Consumer Laws

means the New Zealand Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).


1.15

Privacy Policy

means our Privacy Policy available
<a href="https://www.raicers.com/privacy-policy">
here
</a>
.


1.16

Smart Contract

shall mean lines of code or a transaction protocol which is intended to automatically execute, control or document basic relevant events and actions according to the terms of an agreement. The code and the agreements contained therein exist across a distributed, decentralized blockchain network.


1.17

FuturePass

means an on-chain identity contract that can be used to manage Digital Collectibles and engage with metaverse experiences. A FuturePass is accessed by proving ownership of a Permissioned Wallet.


1.20

User Submissions

means content that is uploaded, posted, submitted or otherwise transmitted by users of the Game.


1.21

Website

refers to the Internet website for Raicers the Game at
<a href="http://www.raicers.com/">
www.raicers.com
</a>
, operated by Futureverse.


1.22

FuturePass Tickets

or

Tickets

mean proof of paid entry that gives the ability to access into a paid event or experience.

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Mandatory Consumer Laws


2.1 If you are a “consumer” for the purposes of New Zealand Consumer Laws:

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(a) nothing in these Terms excludes, restricts, or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability that you may have under New Zealand Consumer Laws; and (b) our services come with guarantees that cannot be excluded.

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2.2 Nothing in these Terms is intended to limit the application of mandatory consumer laws applicable in any other jurisdiction.

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Your use or access of our Website and App


3.1 The Game is available and accessible through the Website and the App. Futureverse is the provider of this Website and the App. The following Terms of Service and any documents referred to herein (“

Terms

”) apply to this Website and the App. By accessing, viewing, and/or using the Website and/or downloading, accessing, viewing, and using the App, whether or not you become a registered user (“

User

”, “

You

”, “

Yourself

”, “

Your

”), You agree to be bound by these Terms, which You acknowledge to have read and understood.


3.2 The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. Where there is any inconsistency between these Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.


3.3

Digital Collectibles

have smart contracts that run on blockchain networks and are bound by its immutability, there is no ability to undo, reverse, or restore any transactions. Subject to New Zealand Consumer Laws and to the extent permitted by law, for the avoidance of doubt, Futureverse is unable to offer refunds on any transactions, under any circumstances.


3.4 To the extent permitted by law, this Website and the App, our smart contract, and all connected services related to the

Digital Collectibles

are provided “as is” without any warranty or promise of availability of services of any kind.


3.5 By using this Website and/or the App to claim, purchase or manage the Digital Collectible(s), You are accepting sole responsibility for any and all transactions involving these Digital Collectibles, ASTO and any others offered by Futureverse and added to this Website and/or the App in the future.

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General Terms of Use


4.1 In order to use the Game you must:

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(a) be a person, over the age of 18 years old (or of legal age in your country of residence) and able to enter into contracts or have the permission of your parent/guardian; (b) own or have access to a computer or other device with similar capabilities; (c) download the Game; (d) pay any charges which may be requested from time to time, for any in-game purchases and other purchases made through the Game. (e) agree to the Terms herein; (f) agree to the License Agreement; (g) have created a FuturePass or agree to the FuturePass terms as set out in clauses 4.1 and 4.2 (“FuturePass”); (h) own at least one complete Raicers Vehicle one ASM Brain and one All-Star, that has been linked to your FuturePass. (i) provide accurate and complete information (which is not misleading) upon downloading the App where prompted (“Registration Data”); and (j) undertake to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

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Creating a FuturePass


5.1 You can create a FuturePass by connecting an existing Non-Custodial Primary Wallet, or with a Custodial Primary Wallet:


5.2

Non-Custodial

: to create a FuturePass using a Non-Custodial Primary Wallet you’ll need to:

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(a) sign a prompted transaction using an existing Non-Custodial wallet; and


(b) agree to these Terms and read the Risk Disclosure Statement; or

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5.3

Custodial

: to create a FuturePass using a Custodial Primary Wallet you’ll need to:

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(a) either login using your Google account or by entering a 6-digit code sent to your email address. In this scenario your Google credentials or email will authorize access to a private key for your Primary Wallet generated and stored by Futureverse in the Futureverse Vault; and


(b) agree to these Terms and read the Risk Disclosure Statement

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5.4 You must provide us with any other information we reasonably request from time to time, for example where we need to meet our own legal requirements.

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Security


6.1 We will take reasonable steps to ensure that your personal information is secure in accordance with our Privacy Policy. You are responsible for the confidentiality and security of your account (including your password) and accept all risk of any unauthorised use of or access to your account and your associated connection to the internet.


6.2 You must immediately notify us if you become aware of any unauthorised access to your Account or suspect you have been subject to a security breach and follow our reasonable directions in relation to the same including, but not limited to, ceasing to use or uninstalling the Game. Please contact
<a href="mailto:privacy@futreverse.com">
privacy@futreverse.com
</a>
.

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Privacy


7.1 By accessing, using or playing the Game, or submitting your personal information to the Game, you agree to our collection and use of such data for the purposes of enabling you to access, use and play the Game in accordance with our Privacy Policy (“Privacy Policy”) which may be updated from time to time.


7.2 We do not knowingly collect Personal Information from children under the age of 18. If you are a parent or guardian and believe your minor child has provided us with Personal Information without your consent, please contact us at
<a href="mailto:privacy@futureverse.com">
privacy@futureverse.com
</a>
and we will take steps to delete such Personal Information from our systems.


7.3 We may publish Raicer character name, bios and profile pictures on Leader Boards and in other formats associated with the Game, including the Website and/or App. If you choose to register a name for your Raicer character that includes your personally identifiable information you specifically consent to us publishing the same in accordance with this clause.

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Licenses and Trademarks


8.1 You agree that all right, title and interest (including all the copyright, trademarks, service marks, and all other intellectual property rights of any kind, whether registered or unregistered) in and to the Game (whether present or in the future), including, without limitation, to all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the Website, the Game, belong to us and/or our licensors (as applicable). The Game may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than for accessing and using the Game save as permitted pursuant to agreement in writing with the relevant rights holder (as set out below).


8.2 For that sole and exclusive purpose, we and/or our licensors grant you a limited, revocable, non-exclusive license to use the Game strictly for the purpose of participating in the Game privately for non-commercial purposes, in accordance with these Terms and subject to the terms and conditions set out in the License Agreement for the period the Game is available. Futureverse and/or its licensors reserve all rights in the Game and nothing in these Terms and/or the License Agreement constitute a transfer or license of any of our (and/or our third party licensors’) intellectual property rights.


8.3 Subject to privacy laws, and our Privacy Policy, you grant Futureverse (and/or our licensors) an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions for any purpose in connection with the Game or Futureverse’s (and its successor’s) business for any purpose, including, but not limited to, promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and/or all media formats and through any and/or all media channels. You also hereby grant each user of the Game a non-exclusive license to access and use your User Submissions through the Game.


8.4 Aside from the right granted to you under clause 8.2 (which may include some of the Futureverse Marks), you agree not to display or use the Futureverse Marks or any other intellectual property owned or controlled by Futureverse, or any third party content in any other manner unless separately and previously agreed to in writing by the relevant rights holder including, but not limited to, the License Agreement.

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User Submissions


9.1 You retain the right to your User Submissions that you provide within the Game, subject to clause 8.3. You shall be solely responsible for your own User Submissions and the consequences of uploading them.


9.2 You acknowledge and agree that:

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(a) the Game provides, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that Futureverse only acts as a platform for such User Submissions and that we are not liable for such content posted on the Game, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. Futureverse cannot, nor does it undertake any obligation, to control User Submissions. By their very nature, User Submissions on the Game are changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively mislabelled. We do not make any representation or warranty, express or implied, as to User Submissions;


(b) we have no obligation to post any User Submission from You or anyone else. In addition, we may, at our sole discretion, edit, remove or delete any User Submission that you post or submit, as well as terminate your access to the Game without notice if, in our opinion, such User Submission infringes another individual’s intellectual property rights or otherwise does not comply with any provision of these Terms; and


(c) we reserve the right to determine the final design, layout and functionality of the Game, which may involve the review, formatting and editing of User Submissions.

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9.3 You represent and warrant that your User Submissions:

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(a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy, including for any use by Futureverse pursuant to the license granted under clause 8.3; (b) shall not violate any law or regulation;


(c) shall not be defamatory or trade libellous;


(d) shall not be obscene, offensive, inappropriate, or contain pornography;


(e) shall not include information that is incomplete, false, misleading, deceptive, or inaccurate information about Yourself or any information about any other individual, is likely to bring us into disrepute or otherwise illegal; and


(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

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9.4 You, in particular, represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual in any User Submission to use their name or likeness.

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Restrictions on use


10

. Restrictions on use


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10.1 You agree to only use the Game in accordance with these Terms, and applicable laws. Without limiting this duty, you agree not to:


(a) attempt to collect or store data regarding other users; (b) discriminate, harass, defame, intimidate, or bully other users or otherwise interfere with other users’ enjoyment of the Game; (c) remove or tamper with the copyright notices on the Game; (d) copy, disassemble, decompile, publish, attempt to derive source code, reverse engineer, or create a derivative works or functionally equivalent software from the Game; (e) re-post to other websites, frame, deep link to, change, copy or download, in a systematic manner, any Game, or communicate or otherwise distribute, license, sub-license or transfer in any form any aspect of the same; and (f) incorporate the Game into any product to be made available commercially (unless otherwise expressly agreed with us).

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Claiming, purchasing and trading of Digital Collectibles


11.1 You acknowledge and agree that there may be risks associated with Digital Collectible(s). For further information please see our
<a href="http://www.raicers.com/risk-disclosure">

Risk Disclosure

</a>
describing some of the risks associated with digital assets, including Digital Collectible(s), and Smart Contracts, as well as other risks.


11.2 To participate in Raicers you will need a Raicer Vehicle, ASM Brain and All-Star Character. These Digital Collectibles will need to be purchased from either secondary marketplaces such as MARK or OpenSea. On occasion there will be new collections released, where Digital Collectibles can be purchased direct from The Raicers websites.


11.3 Where Digital Collectible(s) are purchased via Third Party Payment Provider you acknowledge and agree that:

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(a) your contractual partner in providing payment services to you will be the relevant Third Party Payment Provider and such payment services will be governed by the relevant Third Party Payment Provider’s terms and conditions;


(b) you must comply with the relevant Third Party Payment Provider’s terms and conditions, rules or policies when accessing these payment services;


(c) you are responsible for all charges in relation to your use of these payment services, and must provide accurate and complete payment information to the relevant Third Party Payment Provider;


(d) the Third Party Payment Provider will be responsible for providing the payment services and;


(e) to the extent permitted by law, we accept no liability or responsibility for payments made through Third Party Payment Providers.

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Links to other sites within App

12.1 Our Website and/or App may include links to external sites. These sites are not under our control and we are not responsible for, and we make no representations or warranties concerning the contents of any such external site. Any links are provided to you only as a convenience, and the inclusion of any link does not imply any recommendation, endorsement, verification, or certification by us of the linked site.

12.2 You agree we are not responsible for and have no control over third-party content. You hereby acknowledge and agree that we are not responsible for the availability of external sites or resources, we do not endorse, and we are not responsible or liable for, any third party content available on such sites or resources. You further acknowledge and agree that we and our licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any third party content, goods, services or any other material available on or through any APIs, links or feeds from or to other websites or resources from the Website, App and/or Game.


12.3 Where our Game contains third party advertisements you acknowledge and agree:

<div>

(a) by accessing such links you may be required to agree to any terms of use or access; and


(b) we do not endorse the accuracy of such links.

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Availability of Game


13.1 You acknowledge and agree that:

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(a) the Game may only be available in certain geographic areas, which we will decide in our sole discretion; and (b) from time to time we may change the availability of the Game, or functions within it, without telling you, including for maintenance, operational and technical reasons.

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13.2 To the extent permitted by law, we are not liable to you for:

<div>

(a) any error or non-performance of the Game arising from your use of the Game, failure in the data connection or other malfunction; (b) any harm that may be caused by viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (c) any unavailability of the Game (or parts of it), difficulty or inability to download or access the Game; or (d) any other communication system failure.

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System requirements and supporting the Game


14.1 While we will endeavour to update the Game from time to time, we are under no obligation do so. If we do make updates to the Game, you acknowledge that you may be required to download such updates to or new versions of the Game when these are made available to continue using the Game.


14.2 Subject to New Zealand Consumer Law, and to the extent permitted by law:

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(a) we reserve the right at any time (with reasonable notice) to: (i) modify, vary or change the Game; or (ii) discontinue, temporarily or permanently, the Game; and (b) we shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the Game.

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Disclaimer


15.1 Except as required by New Zealand Consumer Laws or as otherwise required by law, we make no warranties (either express or implied) or representation about the Game, including no warranty or representation that use of the Game will be:

<div>

(a) uninterrupted, secure, or error-free (including free from viruses or other malicious code); (b) fit for purposes, of merchantable quality, or non-infringing; (c) that the Game will be compatible with your device; or (d) will meet your requirements unless we have advised you specifically.

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15.2 Other than in respect of the rights and remedies available to consumers under New Zealand Consumer Law, you acknowledge and agree that:

<div>

(a) downloading or obtaining any material through the use of the Website or Game shall be done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from downloading any such material; and (b) commentary and other materials posted by us on the Game are not intended to be considered to be reliable advice. No information, whether oral or written, obtained by you from us, or through or from the Game, shall create any warranty or other obligation not expressly stated in the terms, and we disclaim all liability and responsibility arising from any reliance placed upon such materials or by anyone who may be informed of the Game.

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Limitation of liability


16.1 Subject to New Zealand Consumer Laws and to the fullest extent permitted by law:

<div>

(a) we are not liable for any loss, costs, liability, expenses or damages (including direct or indirect, incidental, consequential or exemplary) arising from or in relation to: (i) your use of the Game; (ii) our inability to provide the Game or carry out our obligations; or (iii) our decision to change, modify, suspend or discontinue the Game; and (b) Futureverse’s total liability to you (whether in contract, tort or otherwise) in relation to the Game shall be limited in aggregate to the greater of: (i) $50 (fifty) New Zealand Dollars; or (ii) a refund of in-game or in-app purchases made by you.

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16.2 Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud by us or any other liability which cannot be excluded or limited under New Zealand Law.

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No guarantees or promise of future services


17.1 The Futureverse team intend to continually develop the Game, and to grow the communities associated with this Game. Our Roadmap (as presented on the Website) and
<a href="https://www.futureverse.com/research-item/whitepaper">
Futureverse Whitepaper
</a>
outline these and other goals we aim to accomplish.


17.2 While we fully intend to accomplish those goals, we cannot make any guarantee of further developments. By minting, managing or owning Digital Collectibles or by acquiring or dealing in ASTO, participating in the mint or using any associated smart contracts, You agree that You are not relying on any future commitments from Futureverse.


17.3 Further, you agree to the following:

<div>

(a) The Digital Collectibles are not meant to be an investment. We make no claim or guarantee that your Digital Collectible will be worth anything in the future. You understand that they should be treated solely as Digital Collectibles.


(b) ASTO are not meant to be an investment. We make no claim or guarantee that your ASTO will be worth anything in the future.


(c) You are entirely responsible for any tax liability which may arise from minting, managing or reselling Digital Collectibles acquired via this Website and/or the App, or acquiring or selling ASTO.

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Reporting misconduct


18.1 If you consider anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who:

<div>

(a) engages in offensive, violent or sexually inappropriate behaviour; or (b) engages in any other disturbing conduct; or (c) appears to be in breach of these Terms or the Competition Terms, You should immediately report that person to the appropriate authorities and then to us by contacting us via email
<a href="mailto:privacy@futureverse.com">
privacy@futureverse.com
</a>

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Complaints


Please submit your complaints to
<a href="mailto:Support@raicers.com">
Support@raicers.com
</a>

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T

echnical support


If you need technical support, please refer to our FAQ’s at
<a href="http://www.raicers.com/">
www.raicers.com
</a>
, visit our discord or send an email to our team at
<a href="mailto:Support@raicers.com">
Support@raicers.com
</a>

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Suspension and termination


We may suspend and/or terminate your account at any time if we consider, acting reasonably, that you are in breach of these Terms or we otherwise suspect that you are using the Game to engage in any form of illegal, illegitimate, unethical or offensive conduct (such as money laundering or fraud), or where we are required to do so to meet our own legal requirements.

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Variation to Terms


We may update, amend or otherwise modify these Terms from time to time. We will notify you via the Game or by posting the updates to these Terms on our Website. Any use of or access to the Game after the effective date of any amendment will constitute your deemed acceptance of the updated Terms. If you do not agree with any amendment to these Terms you must stop using the Game and you may be prevented from using the Game.

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Notices


We may provide you with notices, information and correspondence via electronic communications, including by email or posting notifications on the Game.

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General


24.1 In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the Game, the provisions of these Terms shall prevail.


24.2 In the event these Terms conflict with the Website Terms of Use these Terms shall prevail (to the extent of such inconsistency).


24.3 You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these Terms. We may assign or transfer any right or obligation, or subcontract the performance of any of our obligations, under these Terms to any third party at any time without your consent.


24.4 If any provision contained in these Terms is held to be invalid or unenforceable by any competent authority, all other provisions of these Terms will remain in full force and effective and will not in any way be impaired.


24.5 A failure to enforce and provision of these Terms shall not constitute a waiver of such provision unless it is in writing and signed by the party providing the waiver.


24.6 Where these Terms and have been translated into other languages (from than English), in the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.


24.7 These Terms are governed by New Zealand law.

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