Legal Information
Welcome to Our Site!
Our company, MERSO CORPORATION (State of Delaware, USA), File number: 7137457, Registered office: 1395 Brickell Ave, Suite 3101, Miami, FL 33131, and E-mail Address: support@merso.io.
MERSO acquires digital assets directly from it`s issuers and game publishers. Under these Terms and Conditions, Merso grants the Player a temporary license to use the NFT, with the opportunity for the Player to obtain ownership of the corresponding NFT if the Player completes the required license renewals.
Before using Our Site, We encourage You to review these Terms & Conditions to ensure a mutually beneficial relationship. If You have any questions or concerns, please feel free to contact Our support team via the email address specified in Section 21.
By using Our Site, You confirm that You have reviewed and accepted Our Terms and Conditions and Privacy Policy.
If you do not agree with the terms of this Terms and Conditions, please do not use the website.
If you have mistakenly accepted these Terms of Use, you have the right to withdraw your consent within 24 hours by notifying us via email at: support@merso.io
1. For convenience, We use the following terms:
“Terms and Conditions” - this document available at: https://merso.io/ (hereinafter - “Terms and Conditions”, “Terms”).
“Company” - MERSO CORPORATION (State of Delaware, USA), File number: 7137457, Registered office: 1395 Brickell Ave, Suite 3101, Miami, FL 33131, (hereinafter - “MERSO”, “Company”, “We”, “Us”, “Our”).
“Site” - the digital environment, specifically the landing page available at: https://merso.io/ and related domains, operated by the Company, where Users can interact with Content, and engage with various features provided.
“Player/User” - any individual or entity that accesses, uses, or interacts with the Site in any manner, including but not limited to browsing, viewing, or engaging with the Site’s Content, Services, or features (hereinafter - “User”, “You”, “Your”).
“Use” - any form of interaction of the NFT holder with the Seller’s Platform in accordance with its terms of use.
“Services” - the functionalities, features, and offerings provided by the Company through the Site.
“Content” - any materials, information, media, or intellectual property presented on the Site. This includes, but is not limited to, text, images, graphics, videos, audio files, and any content on the Site.
“Personal Data” - any information relating to a natural person who is identified or can be identified using this information (hereinafter - “Personal Data”, “Data”).
“NFT” - a unique and non-fungible digital certificate (token), created by means of distributed ledger technology (DLT), which confirms the right to use a certain digital asset on the Issuer’s Platform in accordance with its terms of use. The NFT does not grant ownership rights for any kind of assets, governance powers, legally enforceable claims, or guarantees of utility and are not designed or marketed as investment products.
“Issuer’s Platform” - a digital service providing digital services within it`s ecosystem using NFTs from which MERSO acquires NFTs.
“License” - a temporary, non-exclusive, revocable, non-transferable right to use the NFT for personal, non-commercial purposes on the Issuer’s Platform in accordance with its terms of use without granting ownership.
“License Contribution” - the amount payable by the Player to the Company for obtaining the License to use the NFT in accordance with these Terms. Such contribution does not constitute a purchase price, or investment, and does not create any ownership or financial rights in the NFT or related assets.
“License Renewal Contribution” - a voluntary digital payment made by the Player to extend the duration of the NFT License in accordance with these Terms. Such contribution does not represent purchase price, or investment, and does not create any ownership or financial rights in the NFT or related assets.
“License Period” - the specific time frame during which the Player may use the NFT under the License granted by the Company.
Terms and definitions not defined in this Section 1 of the Terms shall be interpreted in the meaning established by the current legislation of USA, and in the absence thereof - in their ordinary meaning.
2. Access to the Site
The use of the Site is at the User’s sole risk and discretion. Users are granted access to the Services and their Content through the website, mini application, or via an application programming interface (API).
Subject to Your compliance with these Terms and applicable laws, the Company grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access the Site for Your purposes. This license allows You to use the Site and its Content within the scope defined and limited by these Terms, and does not permit You to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Site and / or Content without the prior express written consent of the Company. All rights not expressly granted in these Terms are reserved by the Company.
Access to and use of the Site are contingent upon meeting certain eligibility criteria outlined in this section. By accessing or using the Site and its Content, You affirm that You meet the following eligibility requirements:
acceptance of terms: By accessing or using the Site, You acknowledge and agree to abide by these Terms and Conditions and any other policies or guidelines referenced herein. If You do not agree with any provision of these Terms and Conditions, You may not access or use the Site;
age requirement: Access to the Site and its Content is intended for individuals who are at least 18 years old. Users below this age are considered minors and can`t use the Site and its Content,
compliance with laws: You must comply with all applicable laws, rules, and regulations governing Your use of the Site, including, but not limited to, those related to privacy, data protection, intellectual property, and online conduct;
restricted persons: the interface and any related services are not offered to and may not be used by: persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any restricted territory, as defined below (each such person or entity from a restricted territory, a “restricted person”). any means intended to circumvent the restrictions set forth herein is prohibited. if you are a located in a restricted territory, then do not attempt to access or use the interface. use of a virtual private network (e.g., a vpn) or other means by restricted persons to access or use the interface is prohibited. for the purposes of the terms, “restricted territory” means Cuba, Iran, Syria, North Korea, Crimea, Or The Crimea, Donetsk, Luhansk, Kherson, and Zaporizhian regions of Ukraine or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions.
Failure to meet any of these eligibility requirements may result in the termination or suspension of Your access to the Site and Services. We reserve the right to verify Your eligibility at any time and to take appropriate action, including but not limited to requesting additional information or documentation, to ensure compliance with these requirements.
MERSO may, at its sole discretion and only if required by law or the terms of its partners, implement Player verification procedures.
We reserves the right to terminate access at any time without prior notice for technical reasons.
3. Procedure for the provision of Services
3.1. Upon receipt of the License Contribution, Merso grants the Player a personal, limited, revocable, non-transferable license to use the NFT-related certain digital asset on the Issuer’s Platform in accordance with its terms of use during the License Period.
The User may not sell, assign, sublicense, lend, or otherwise transfer the License or the related digital asset.
The User of the NFT shall have no rights or obligations vis-à-vis the Issuer’s Platform.
License grants no ownership rights for the NFT unless all renewal conditions are met. It may not be sold, transferred, pledged, or otherwise disposed of. No other intellectual property rights are assigned or transferred. All copyright, trademark and other intellectual property rights in the content remain with the Issuer`s Platform or the original creator.
To maintain the license, the Player must pay License Renewal Contribution at the intervals communicated during checkout (e.g., weekly).
Each License Renewal Contribution is pegged to a fixed fiat currency amount, payable in accepted cryptocurrency tokens at their value at the time of payment.
Authorization. To account for cryptocurrency price volatility, the Player authorizes the smart contract to dynamically adjust the token-to-fiat conversion rate within a reasonable tolerance range, not exceeding 150% of the total fiat-equivalent value of the applicable License Renewal Contribution.
If the Player timely pays the License Contribution and all required License Renewal Contribution Merso shall transfer the NFT to the Player’s wallet.
If the Player fails to pay a License Renewal Contribution within the applicable grace period:
The license immediately terminates;
The Player permanently loses the right to use the asset and any possibility of ownership;
The NFT remains the property of Merso, to be reused, resold, or disposed of at Merso’s discretion.
The License becomes effective upon confirmation of the blockchain transaction. Ownership of the NFT transfers automatically when all license renewal periods have been completed successfully and upon confirmation of the final blockchain transaction.
3.2. License Contribution price, License Renewal Contribution and payment
The License Contribution, License Renewal Contribution and License Period shall be determined by the Company at the time of its granting and displayed on the Company Platform.
Payment shall be made immediately at the time of transaction by using crypto-assets as a means of payment or other lawful way.
Payment for the License shall be made to digital crypto wallet or other account designated by the Company.
The Player shall bear transaction fees and any other charges related to the execution of the transaction on the blockchain network shall be borne. The Company shall not be liable for such expenses and shall derive no profit therefrom.
The Company shall provide the Player with access to real-time transaction dashboards reports detailing: description of the NFTs, License Contribution, License Renewal Contribution and License Period.
Ownership of the NFT shall transfer to the Player only after full payment of all License Renewal Contribution and upon confirmation of the final blockchain transaction.
Users who wish to get in touch with the Company for any inquiries, concerns, or additional information can easily do so through the contact form provided on the Site. Whether You are interested in exploring potential collaborations, discussing opportunities of cooperation, or seeking clarification on any aspect of the projects and ideas presented on the Site, you can reach out to Us by email
We prioritize effective communication and are dedicated to offering prompt and insightful responses, ensuring a smooth and efficient experience for all Users.
3.3. License Termination
The Player may, at their sole discretion, choose not to renew the License upon the expiration of the current License Period.
In the event the Player decides not to pay the License Renewal Contribution, the License shall automatically terminate at the end of the current License Period without any further action from either Party.
Upon termination of the NFT License, the Player shall lose access to the NFT-related digital content. Termination of the License does not entitle the Player to any refund, compensation, or continued access. In this event no debt, penalty, or payment obligation continues. The license simply expires.
The Company shall retain full ownership and control of the NFT and all related intellectual property rights at all times.
4. Terms and Conditions execution
These Terms and Conditions shall be implemented and executed through the deployment and use of a smart contract on the relevant blockchain network. The smart contract shall reflect and duplicate the material terms of these Terms and Conditions, including but not limited to payment, license granting and any other automated obligations of the Parties.
Company shall be responsible for ensuring that the smart contract accurately reflects and complies with these Terms and Conditions.
The Company reserves the right to modify and update smart contracts at its discretion, without prior notice to the User.
5. Interface
Each of the Interfaces are websites, and each have different functionality – some of which only provide information while others contain features that allow users to send messages to blockchain networks in an entirely self-directed manner using smart-contracts.
Before engaging in any transactions, we may ask you to use a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to engage in a transaction, your order is passed on to the applicable extension, which completes the transaction on your behalf. You are solely responsible for familiarizing yourself with your wallet and its safety and security features, including any private keys and passwords associated therewith.
MERSO will not and cannot access your private key, password, or any assets held within your wallet nor can it reverse any transactions you initiate with your wallet (or otherwise).
MERSO shall not be responsible or liable in any way for how you use your wallet.
THE WEBSITE-HOSTED USER INTERFACE SERVES SOLELY AS A TECHNICAL INTERFACE TO INTERACT WITH SMART CONTRACTS. MERSO DOES NOT OPERATE AS, AND SHALL NOT BE CONSTRUED AS, A MARKETPLACE FACILITATOR, BROKER, FINANCIAL INTERMEDIARY, EXCHANGE, CUSTODIAN, LENDER OR CREDITOR. THE INTERFACE PERFORMS NO BROKERAGE, CUSTODY, OR TRANSACTIONAL FUNCTIONS ON BEHALF OF ANY USER.
Transactions Are Conducted on the Blockchain. None of the Interfaces MERSO may allow us to engage in any transaction with you, nor do the Interface(s) facilitate your transactions. Even when the Interface(s) appear to be dynamic (e.g., updating or providing new displays when you – on your own accord – provide certain information), at no time is MERSO taking action directed by you or on your behalf. In addition, to the extent applicable, you should note that the MERSO:
is not involved in providing or transmitting any information to any Blockchain;
cannot transmit any information to networks or otherwise assist in any transaction;
never has access to and cannot control or provide guarantees relating to your digital wallet;
has no authority over and does not take possession or custody of your digital assets at any time, except as otherwise discussed herein.
This also means that MERSO is unable to assist with transactions: we will have no ability to reverse any payments or transactions; please be vigilant in interacting with any immutable blockchain technology. We do not buy or sell on behalf of any user of the Interface. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Interface.
Validators and App Developers. MERSO is not responsible for the activities of persons or entities who develop or use applications on Blockchains or who validate or verify transactions or Blockchains operated by third parties.
Regulatory and Compliance Suspensions or Terminations. We may suspend or terminate your access to the Services at any time as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms and Conditions or the terms of any third party service provider. Such suspension or termination shall not be constituted a breach of these Terms and Conditions by MERSO.
Fees. Certain fees may be collected in connection with the transactions submitted through the Interface to be enacted on a Blockchain, such as gas fees (which are essentially network transaction fees paid on every transaction that occurs on the selected Blockchain). Please note that conducting transactions through the Interface may result in you incurring these fees, which are nonrefundable.
6. Updates to the Site
The Company reserves the right to modify, add or remove features and Content of the Site at its discretion, without prior notice to the User.
Updates may include upgrades or improvements to existing features, as well as the introduction of new features that may improve the Users' experience.
The Company also reserves the right to address and correct bugs and technical issues on the Site. During the process of fixing bugs and maintaining the Site, the Company may temporarily restrict or modify certain functionalities. The duration of such restrictions will be determined by the Company based on the time required for corrections and bug fixes.
Users acknowledge and accept that the Company is not obligated to provide advance notice of such changes provided while correcting bugs and technical issues on the Site. Continued use of the Site after any updates constitutes automatic acceptance of the Terms and Conditions.
7. Restrictions on the use of the Site and obligations of Users
By using the Site, the User acknowledges that the User has read and understood the Terms and Conditions and will not use the Site for any purposes prohibited by the it`s terms or applicable legislation.
The User is obligated to:
occasionally independently review the Terms and Conditions and Privacy Policy;
adhere to the provisions of the Terms and Conditions and comply with the lawful rights and interests of the Company;
provide only truthful and up-to-date information;
refrain from using information about the Company, its contact details, and all Content contained on the Site for malicious or unlawful purposes;
not copy, reproduce, modify, distribute, display, publish, upload, transmit, sell, or otherwise distribute or use the software of the Site in any form;
refrain from actions that may infringe upon the Company's copyrights, trademark rights, patents, commercial designs, industrial models, and other intellectual property rights;
not create or use bots or automated scripts for illegal or harmful purposes;
abstain from actions aimed at abusing the Site, including but not limited to the use of harmful software or technologies, or any other data containing malicious code, spam, etc., and refrain from actions aimed at destabilizing the Site's operation;
refrain from attempting to gain unauthorized access or interfere with the proper functioning of the Site, including bypassing security measures, interfering with the Site's operation, hacking, or otherwise disrupting the normal operation of the Site;
refrain from actions that impose or may impose (as determined by the Company at its discretion) undue or disproportionately large loads on the Site's infrastructure;
not use automated programs to access Site’s information;
not use the Site and Content for phishing and fraud;
not engage in any actions that violate the Company's recommendations and policies, use viruses, or any other computer codes, files, or programs designed or intended to interfere with, damage, limit, or interfere with the operation of any software, equipment, or telecommunications equipment, or to damage or gain unauthorized access to any system, data, or other information of the Company or any third party;
not decompile, disassemble, reverse engineer, or otherwise attempt to obtain any code of the Site or ideas or algorithms of any part of the Site;
not disparage, damage the reputation, or otherwise harm, in Our understanding, Us and / or the Site;
not menace, threaten, defraud or harass any person (including other Users) or cause damage or injury to any person or property;
not attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach security or authentication measures without proper authorization;
not post or transmit any information or software containing a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component or committing any act which may compromise the security of Your Internet host in any way (including analyzing or penetrating a host’s security mechanisms);
otherwise infringe the Terms and Conditions, requirements of laws and regulations, rights and freedoms of third parties.
Users are strictly prohibited from using the Site for any unlawful or unauthorized purposes. Users agree not to engage in any of the following prohibited activities:
accessing the Site in a manner that violates any applicable laws or regulations;
submitting false, misleading, or fraudulent information;
engaging in or inciting harmful behavior, whether online or offline, including harassment, abuse, or threats against others;
impersonating any person or entity or falsely representing affiliation with any person or entity;
uploading, transmitting, or distributing viruses, malware, or any other malicious software intended to harm or disrupt the Site's services or systems;
engaging in any activities that violate the rights of others, including but not limited to defamation, infringement of privacy, or other reputational harm;
engaging in deceptive practices, such as manipulating the Site for personal gain, spamming harmful links;
using the Site’s Content, features, materials to create derivative works, publications, or projects that falsely represent or claim ownership of Content, ideas, or intellectual property that originated from the Site, or attempt to present such works as original.
Provided that the Company detects facts of unlawful use of the Site and Services, as well as other facts of violations that contradict the Terms and Conditions, the Company may take measures to restrict the User's access to the Site.
To report an issue, Users can contact the Company directly via email address: support@merso.io . Reports will be handled with care, and appropriate measures will be taken to ensure a safe and respectful environment. The Company is committed to maintaining a supportive and positive space for everyone.
The Company retains the sole right to ascertain what behavior it deems to contravene the rules of use or deviate from the intent or essence of these Terms and Conditions.
8. Intellectual property rights
The program code, design elements, text, graphics, images, illustrations, software, trademarks, and other intellectual property objects, as well as the Site and its Content, are objects of intellectual property rights owned by the Company and / or its lawful owners and are protected under the laws of the State of Delaware on intellectual property, as well as by relevant international agreements and conventions, including but not limited to Copyright Acts, Trade Marks Acts of the State of Delaware, the Berne Convention for the Protection of Literary and Artistic Works (Paris Act of 24.07.1971, as amended on 02.10.1979), the Universal Copyright Convention of 06.09.1952.
The use of the Site is permitted solely within the framework of the proposed functionality. Access to intellectual property objects posted on the Site is provided solely for personal non-commercial use in the form of viewing without the right to reproduce, including the right to copy, download, save such objects to the User's device memory, as well as without the right to any other use not provided for by the Terms and Conditions, including their sale, modification, distribution in whole or in part (elements), etc.
Any other use of intellectual property objects not provided for by the Terms and Conditions constitutes a breach of the Terms and Conditions and may be grounds for holding the infringer liable under the laws of the State of Delaware.
The use of the Site does not grant You or any third party any rights, titles, or interests in such intellectual property rights. Any intellectual property objects posted on the Site may be removed or modified without prior notice to the User.
If You identify intellectual property objects on the Site that, in Your opinion, have been published unlawfully, You have the right to contact the Company with a request for the removal of such objects using the following email address: support@merso.io , providing the necessary legal documents. Following the review of Your request, the Company may remove the specified objects or provide justification for the legitimacy of their publication.
9. Personal Data protection
We do not collect Your Personal Data unless You voluntarily provide it to Us by interacting with the Site.
We recognize the importance of protecting Your Personal Data, and that is why We have developed а Privacy Policy. The Company collects, stores and uses Personal Data in accordance with the Terms and Conditions and the Privacy Policy, and takes all necessary measures to protect the confidentiality of Users' Personal Data.
The Company is firmly committed to protecting the privacy of Your Personal Data. By using the Site, You acknowledge and agree that the Company's collection, usage and disclosure of this Personal Data is governed by Our Privacy Policy.
! Before providing any Data to Us, please read and agree to the terms of the Privacy Policy.
10. Warranties
Access to the Site, any information, content, or functionality presented through such interfaces are provided “AS IS”, “AS AVAILABLE”, meaning without any warranties or obligations of any kind, except as provided by the Terms and Conditions and the laws of the State of Delaware. However, the Company makes every effort and takes all reasonably necessary technical and legal measures to ensure the secure use of the Site by Users and the security of Personal Data provided by each User while contacting Us.
The Company does not warrant or guarantee that:
the Site meets or will meet the requirements and expectations of the User;
the Site will be available continuously, with access being provided quickly, reliably, and without errors;
the Site is free from any errors, omissions, interruptions, deletions, typos, or other defects;
any defects or errors on the Site will be corrected;
the Site is free from any viruses or other harmful components;
the Site will be compatible with all devices, software, or browsers, and the User's technical device meets all the requirements for the Siteʼs functionality to work without any interruptions;
all information provided on the Site is current, complete, or accurate;
the Site will be completely secure or free from unauthorized access or cyber threats and the security measures implemented on the Site will be foolproof against unauthorized access or breaches;
the timeliness of any Content, information, or updates provided on the Site.
The Company shall endeavor to ensure that the use of the Site is as uninterrupted as possible within the scope of its technical and operational abilities, but there shall be no entitlement to uninterrupted use. It is not warranted that access to or use of the Site will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions.
The Company shall provide technical and organizational measures appropriate to the degree of danger to the security of the functionality of the Site. The use of the Site is associated with typical risks of data transmission over the Internet, such as dissemination, loss or access by unauthorized persons.
The Company does not warrant or guarantee that the Site will be uninterrupted or error-free due to circumstances beyond its control, including but not limited to natural disasters, acts of government, or internet outages.
11. Limitation of liability
RELEASE OF CLAIMS. YOU EXPRESSLY AGREE THAT YOU ASSUME ALL RISKS IN CONNECTION WITH YOUR ACCESS AND USE OF THE INTERFACE AND SERVICES AND YOUR INTERACTION THEREWITH. YOU FURTHER EXPRESSLY WAIVE AND RELEASE MERSO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE INTERFACE AND SERVICES AND YOUR INTERACTION THEREWITH.
To the maximum extent permitted by applicable law, the Company shall not be liable for:
the Site's functionality as well as the information, Content, or ideas presented on the Site not meeting User expectations;
errors or malfunctions on the Site;
typographical errors, inaccuracies, omissions, or other defects in the Content, as well as the timeliness or accuracy of any information contained on the Site;
any direct, indirect, incidental, consequential, or incidental damages incurred or that may be incurred by Users as a result of the temporary suspension of the Site's operation;
the security of operation and content of third-party websites, links to which may be contained on the Site;
damages or harm caused as a result of another User's breach of the Terms and Conditions;
the absence of proper internet connectivity for the User, resulting in difficulties accessing the Site;
any unauthorized access to or use of the Company's servers and / or any personal information stored therein;
any bugs, viruses, or other harmful components that may be transmitted to or through the Site by any third party;
any failure to deliver Services or delays caused by circumstances beyond the Site's reasonable control, including but not limited to natural disasters, wars, acts of terrorism, or governmental actions.
In addition to any provision to this regard herein, to the fullest extent permitted by law, in no event shall We be liable to You and any third party related to You, under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site (i) any direct, indirect, incidental, special, consequential or exemplary damages, (ii) for Your reliance on the Site, (iii) for any matter beyond Our or their reasonable control, even if We have been advised of the possibility of any of the aforementioned damages.
In addition, We shall not be liable for any kind of loss or damage You may suffer:
due to loss or damage to any of You data or personal record and such loss is attributed to technical errors, delays or omissions of the telecommunications networks;
due to misconduct and misuse of the Site and / or its Content by any User and / or any third party and / or any breach of applicable laws by any such party;
due to any event, situation, action or omission for which We have provided no guaranties;
termination of the Site.
We bear no responsibility for any technical issues You may face during Your connection to the Site and also for any third party’s acts or omissions or third parties’ unauthorized access to any products, data, or information provided on Our Site.
Any information and / or opportunities accessed by Users through the use of the Site are used at the User's own risk, and the User is solely responsible for any consequences of using such information and / or opportunities, including any damages that such use may cause. The Company cannot control and does not monitor a User's compliance with the provisions of the Terms and Conditions, and shall not be liable for any consequences resulting from a User's violation of the Terms and Conditions and / or the laws of the State of Delaware.
The Company shall not be liable for criminal, illegal, negligent acts or omissions of third parties associated with the use of the Site.
The Company is not responsible for the actions and / or omissions of other users of the Site, including, but not limited to, violations of the law, ethics or other rules of interaction. Users are obliged to comply with all applicable laws and the terms of use of the Site, and the Company is not responsible for any consequences arising from the violation of these rules by other users.
12. External links
You acknowledge that the Site may contain links to external websites or content that are not operated or controlled by the Company. We are not responsible for any consequences arising from Your interactions with these links or the content contained therein.
This Terms and Conditions govern only the Site and its Content and do not cover other websites or any corresponding content, features, and activities made available by any other company, even if URLs or hyperlinks to such websites are provided within the Site, unless specifically stated.
If You decide to visit any linked site, You do so at Your own risk, and it is Your responsibility to take all protective measures to guard against viruses and other destructive elements. Inclusion of, linking to, or allowing the use or installation of third-party websites or third-party content does not constitute Our approval or support.
If You visit such sites through such links, You should review their privacy policies, terms of use and other documents, as We are not responsible for the policies and practices of other companies, as well as for the actions You take on third-party websites and their consequences.
Unless otherwise expressly provided, We make no representation or warranty regarding, and do not endorse, any linked site or the information, products or services appearing thereon. Accordingly, You agree that We will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site.
You agree and understand that We do not endorse the products or services offered on third-party websites, and You agree to hold Us blameless for any damages resulting from Your purchase of such items or services. In addition, You agree to hold Us harmless from any damages You incur or harm You suffer as a result of Your use of third-party content or contact with third-party websites.
We do not verify, endorse, or have any responsibility for any such third-party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such website.
13. Indemnification
You agree to indemnify and hold Us from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of
(a) Your breach of these Terms and Conditions or the documents it incorporates by reference; or
(b) Your violation of any law or the rights of a third party. You will be responsible for any breach of the Terms and Conditions by Your affiliates, agents or subcontractors and will be liable as if it were Your own breach.
Furthermore, You agree to reimburse the Company on demand for any defense costs incurred by the Company and any payments made or loss suffered by the Company, whether in a court judgment or settlement, based on any matter covered by this section.
The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
If You are prohibited by law from entering into the indemnification obligation above, then You assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject of the indemnification obligation above.
14. Force majeure
The Company shall not be liable for any delays, failures, or interruptions in the operation of the Site caused directly or indirectly by force majeure circumstances, such as: war or military actions, earthquakes, floods, fires, and other natural disasters, disruptions in power supply or Internet network, hardware and / or software failures, virus attacks, actions of governmental authorities, or any other circumstances beyond Our control.
15. Dispute resolution
These Terms are governed by the laws of Delaware, USA. Users located outside the U.S. agree that any disputes will be subject exclusively to these laws, except where mandatory consumer protection laws apply in their jurisdiction.
All disputes and differences that may arise in the course of performance of the Terms or in connection therewith shall be resolved through negotiations in good faith. All claims shall be considered by the Company in writing and sent to the Company's email address, namely: support@merso.io , within 30 (thirty) calendar days from the date of sending the letter by the User.
If the Parties fail to settle disputes by negotiations, all disputes, controversy, or claims regarding any issues arising out of or related to these Terms and Conditions shall be resolved in accordance with the applicable legislation.
For Users located in the European Union, the Company also ensures compliance with applicable EU consumer and data protection laws
16. Severability
If any provision of these Terms and Conditions is found to be invalid or legally unenforceable, such provision shall be limited in effect or excluded to the minimum extent necessary for these Terms and Conditions to otherwise remain valid and enforceable. The inability of the Company to enforce any part of these Terms and Conditions does not constitute a waiver of the Company's right to subsequently enforce such or any other part of the Terms and Conditions. Waiver of compliance with any provision in any particular instance does not mean that the Company has waived compliance with such provision in the future.
17. Assignment
Company reserves the right to assign or delegate these Terms and Conditions, the Privacy Policy, in whole or in part, to any person or entity at any time, without Your consent. You may not assign or delegate any rights or obligations under the Terms and Conditions without Company’s prior written consent.
18. Changes to the Terms and Conditions
We reserve the right to amend the Terms and Conditions at any time and for any reason by posting a new version of the Terms and Conditions. Please review the Terms regularly to stay informed of any updates. You can always find the current version of the Terms and Conditions by the link specified above. If You disagree with the new version of the Terms and Conditions, You must stop using the Site before the changes take effect. We will notify Users of any material changes by posting a notice on the Site or by other reasonable means prior to such changes taking effect
19. Disclaimer and Risk Disclosure
MERSO does not provide financial, investment, legal, tax, or other professional advice. MERSO is not a broker, financial advisor, investment advisor, portfolio manager, not a lender, creditor or tax advisor, and nothing in the software or the Website constitutes an offer or solicitation to buy or sell any currency, crypto-asset, or other financial instrument, nor does it constitute investment advice or a recommendation within the meaning of US law.
User Responsibility. You acknowledge and agree that MERSO bears no responsibility for how you use any information displayed in the software or Website. Any decisions you make regarding products, services, or your interpretation of data are made at your sole discretion and risk. You agree that you use the software and Website entirely at your own risk and are solely responsible for the results of such use.
Accuracy of Information. While MERSO strives to ensure the accuracy of information presented, it makes no warranties regarding the completeness, reliability, or suitability of any information. Nothing in the software or Website is intended for the specific objectives of any particular person or group, nor does MERSO express any opinion regarding the possible or expected value of any crypto-asset or financial instrument.
Third-Party Content and Services. Certain content may be provided by independent third-party service providers. MERSO does not verify such content for completeness, accuracy, or reliability, and is not responsible for any malfunction or error caused by the unavailability or failure of such third-party services or hosting providers.
Crypto-Asset Risks. Crypto-assets are subject to high volatility and significant risks, including legislative changes, tax burdens, public acceptance, market fluctuations, and other unpredictable factors. Past performance is not indicative of future results. You may lose part or all of your crypto-assets.
Lawful Ownership. By accepting these Terms and Conditions, you confirm that any crypto-assets you use through the software belong solely to you, were obtained lawfully, and are free of any third-party claims.
Security of Devices. You are solely responsible for the technical condition and security of the devices you use to access the software, including protection against viruses, malware, and unauthorized access.
No Liability for Third-Party Platforms. MERSO is not liable for any damage caused by malfunction of cryptocurrency exchanges, trading platforms, or any third-party services you may use in connection with the software.
MERSO shall bear no liability towards the Player/User for their actions, decisions, terms of use of the Issuer`s Platform, or for the scope and content of the services provided by the Issuer through the Platform. All liability towards the Player/User in connection with the use of the NFTs shall rest solely with the Issuer.
Risks related to the nature of the NFTs:
NFTs are subject to certain inherent risks, in particular because NFTs may be based or enabled by the smart contracts on the any kind of blockchain. These risks include, inter alia, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, transferring and/or otherwise alienating NFTs:
(i) There may not be a market or a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid and you may not be able to effectively sell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be sold by you.
(ii) NFTs may not have a use other than within Issuer`s Platform, if at all.
(iii) The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. We make no representations or warranties that any NFTs will retain and/or increase their value.
(iv) The Site may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use, transfer, or otherwise alienate NFTs.
(v) Issuer`s platform may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use, sell, or otherwise alienate NFTs.
(vi) Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the Site and Issuer`s platform, which could impact and/or impede on your ability to purchase, hold, manage, use, sell, or otherwise alienate NFTs.
(vii) Other changes to the Site and Issuer`s platform could impact and/or impede on your ability to purchase, hold, manage, use, sell, or otherwise alienate NFTs.
20. Contact information
If You have any questions, concerns, or suggestions regarding the Terms and Conditions, You may contact Us at the following email address: support@merso.io . We will try to answer You as soon as possible, but no longer than within 30 (thirty) calendar days.