Terms of service

These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by Million on Mars Inc. (“Million on Mars”) using the website www.milliononmars.com, www.milliononmars.io  (the “Site” or “Sites”) or our mobile applications, and to any other related services provided by Million on Mars (collectively, the “Services”). By clicking on an “I Agree” button or check box presented with these Terms or, if earlier, by accessing or using any Services, you agree to be bound by these Terms.

RISK DISCLOSURE: BY ACCESSING OR USING ANY MILLION ON MARS SERVICES YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY FINANCIAL TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THESE SERVICES AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH THE BLOCKCHAIN TECHNOLOGY), AND HACKING. MILLION ON MARS WORKS HARD TO PROVIDE STATE-OF-THE-ART SYSTEMS AND SECURITY. NONETHELESS, CERTAIN ISSUES AND RISKS ARE UNAVOIDABLE, AND IF SUCH ISSUES OR PROBLEMS ARISE IN CONNECTION WITH YOUR USE OF MILLION ON MARS’ SERVICES, INCLUDING TECHNICAL DIFFICULTIES WITH PURCHASING OR TRADING CRYPTOCURRENCIES OR NFTs, IT MAY TAKE DAYS, WEEKS, OR MONTHS TO RESOLVE, AND SOME ISSUES MAY NOT BE RESOLVED AT ALL. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT MILLION ON MARS IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO ENGAGE IN TRANSACTIONS ON THE MILLION ON MARS PLATFORM.

THIS AGREEMENT CONTAINS A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AS WELL AS A MANDATORY ARBITRATION CLAUSE THAT GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY.

1. MODIFICATION OF TERMS
Million on Mars may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Million on Mars encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact our Support Team by filing a support request at support@milliononmars.com.

2. ELIGIBILITY

2.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control or otherwise subject to U.S. blocking sanctions; (d) are not owned or controlled by a person or entity subject to U.S. blocking sanctions; (e) are not placed on the U.S. Commerce Department’s Denied Persons List; and (f) have full power and authority to agree to these Terms.2.2. Restricted LocationsYou may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Million on Mars has determined, at its discretion, to prohibit use of the Services. Million on Mars may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this Section 2.2. You will comply with this Section 2.2, even if Million on Mars’s methods to prevent use of the Services are not effective or can be bypassed.2.3. For your own use onlyYou will use the Services and your Million on Mars Account (as defined below) only for your own account and not on behalf of, or for the account of, any third party. 

License

3.1 Rights
Unless otherwise stated in this Agreement, Million on Mars is the owner or licensee of all rights including all copyrights, trademarks and other intellectual property rights relating to or included within the Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all Rights in respect of all graphics, logos, text elements, images and all other elements included in and deriving from the gameplay and virtual world featured in Million on Mars, including without limitation in-game names, characters, locations and any virtual assets or items ("Virtual Items") and their associated benefits or properties acquired or provided for use within Million on Mars.

Grant of License
Million on Mars is licensed, not sold, to you with the scope set out below.

3.2 Scope
The license is worldwide, non-commercial, non-exclusive, non-transferable, non-sublicensable and subject to the boundaries of the Permitted Use ("Scope"). The terms of this Agreement, including, without limitation, the Scope, will apply to Million on Mars and its use, including upgrades, unless an upgrade is accompanied by a new version of this Agreement or a separate Agreement.

3.3 Permitted Use
Your use of Million on Mars and any results generated through and/or in connection with Million on Mars must adhere to the Scope and rules set forth in this Section ("Permitted Use"):

3.4 Observation of applicable laws, gambling regulations:
You may use Million on Mars only as and to the extent permitted by applicable laws, in particular, only to the extent you fully comply with any applicable financial market regulations and similar provisions in using Million on Mars. You may not use Million on Mars in any jurisdiction in which its distribution, marketing, licensing or use would require a gambling license, registration or similar accreditation under applicable laws.

3.5 Age restrictions:
You must not use Million on Mars, the Website, Materials and Services if you are under 18 years of age.

Commercial use, streaming, video sharing:
The license is for personal and non-commercial use, it does not comprise the right to commercialize Million on Mars or elements thereof. You may not perform in-game services during your use of Million on Mars, the Website, Materials or Services for any form of compensation outside of Million on Mars. Notwithstanding the above, you have the right to capture and stream or otherwise distribute on live streaming platforms and/or video sharing platforms, subject to your adherence, at all times, with the terms and conditions of – and the additional obligations imposed by – such platforms, video content of your personal gameplay, provided that such video content shall (a) be compliant with the Posting and Image Policies, (b) be accessible to the general public free of charge and (c) shall contain a disclaimer whereas any views and opinions expressed in such video content are exclusively your own and do not represent views or opinions of Million on Mars or any other person or entity associated with Million on Mars. Million on Mars reserves the right to revoke such right with regard to existing or potential future content, if it deems any such video content, within its sole discretion, to be, or to potentially be, inappropriate or otherwise detrimental to the operation or commercialization of Million on Mars. In such event, you hereby agree to immediately remove from public access or alter, as instructed by Million on Mars, upon first request of Million on Mars, any such content and that you will not pursue Million on Mars for any actual or potential loss you may incur in connection with such removal or alteration.
Comments and other forms of communication:
You may use Million on Mars’ commenting functions or other forms of communication within Million on Mars only in accordance with and in observation of (a) the posting policy pursuant to section 6 hereof (the "Posting Policy") and (b) the image policy pursuant to section 7 hereof (the "Image Policy").

No modifications, tampering or circumvention:
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of Million on Mars, in particular, but not limited to, the underlying rules and mechanics of the game and/or the code of Million on Mars, its user interface and/or its operating principles. No reverse engineering: You may not Reverse Engineer Million on Mars or otherwise attempt in any way to derive or otherwise determine the source code for the operation of Million on Mars.

No copies, no derivative works:
You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of Million on Mars, the Website, Materials or Services other than in accordance with the License.

No use of bots:
You may not utilise any automated software or "bots" in relation to your access or use of Million on Mars, the Website, Materials or Services. No server overload: You may not knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the "Servers") to become overloaded or crash.

No unauthorized server access:
You may not connect to the Servers through any software other than the authorised game client software.

No data gathering and extraction:
You may not use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website.

No unauthorized use of trademarks, logos, proprietary names and graphics:
Without Million on Mars's written approval, you may not use any of Million on Mars's or Million on Mars' logos, trademarks or other proprietary names or graphics. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to Million on Mars.

No unauthorized use of meta tags:
Without Million on Mars's written approval, you may not use any meta tags or other hidden text which incorporate Million on Mars's name or any of its intellectual property including trademarks.
The foregoing restrictions shall not apply if, and only to the extent that, any such restriction is prohibited by the applicable laws or license terms applicable to the use of open source components included in the Game. If you require certain interface information for compatibility, interoperability, maintenance or development purposes, you may request Million on Mars to make such interface information available as required by applicable law.
Any use of Million on Mars other than a Permitted Use is a material breach of this Agreement. We may, but have no obligation to, monitor your use of Million on Mars to ensure that you are adhering to the Permitted Use rules.

4. Virtual Items, NFTs

4.1 General rule
Subject to the following specific rules for Virtual Items issued as NFTs, you will have no ownership rights in any Virtual Items in Million on Mars. Such Virtual Items may be modified, replaced, altered or removed by Million on Mars at any time under Section 8  “Support, Updates, Alterations, Discontinuation” of this Agreement, whether or not they were purchased for consideration or obtained as part of the gameplay.

4.2 Dusk
Million on Mars may from time to time offer "Dusk" or other similar virtual currency for purchase or as an award for certain achievements within Million on Mars' gameplay in accordance with the procedures and further terms specified within Million on Mars's sole discretion. Units of Dusk may be issued as tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens and may used to pay for certain other Virtual Items, advantages and services within or in connection with Million on Mars, as may be offered from time to time. Dusk may be purchased within the Services using a credit card (or other payment means accepted by us, such as a debit card, prepaid payment card, or a promotional code or gift card) or other cryptocurrency. All sales of Dusk are final and non-refundable to the extent permissible under applicable laws. Dusk does not constitute personal property, has no cash value, and has no value outside of Million on Mars and/or the Services. Other than within the gameplay of Million on Mars, Dusk may not be transferred or sold to any other person.

4.3 NFTs
Notwithstanding the above, Million on Mars' gameplay allows its users to own certain specific virtual assets, as Million on Mars may design and release, within its sole discretion, from time to time, in form of non-fungible tokens issued on the WAX Blockchain or otherwise as Blockchain based tokens, as well as the underlying smart contracts ("NFTs"). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within Million on Mars' gameplay. Such NFTs are subject to the following policy:

Distribution of NFTs:
NFTs can be earned within Million on Mars in accordance with the smart contracts’ functionality, as may be determined at the sole discretion of Million on Mars, from time to time. In addition, Million on Mars may at any time, but has no obligation to, offer NFTs for sale or otherwise distribute NFTs in such process and pursuant to such terms as Million on Mars may determine within its sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user or group of users of Million on Mars, the Website, Materials and/or Services or to third parties. Unless otherwise agreed with Million on Mars in writing, users of Million on Mars, including the End User, have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by Million on Mars.
Purchase of NFTs:
To purchase NFTs, you must have (i) an active User Account and (ii) an active WAX compatible digital wallet (a WAX-Account). Million on Mars reserves the right, at its sole discretion, not to offer or to cease to offer NFTs for your purchase or to restrict your NFT purchases. NFTs may only be purchased at such purchase price and any NFTs available for purchase may only be purchased by such means and in accordance with such further terms and conditions as Million on Mars may specify at its sole discretion from time to time.
Transfer of NFTs:
NFTs are not designed to be transferred other than within and as required by the gameplay of Million on Mars. Million on Mars reserves the right to subject the transfer of NFTs to a dedicated transfer policy, as drafted up at Million on Mars's sole discretion (an "NFT Transfer Policy"). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the Website.
You acknowledge and understand that your transactions on the WAX platform are public and that your WAX address will be associated with these transactions. You further acknowledge and accept that you will be solely liable for any fees, costs, deductions or expenses associated with your transactions on the WAX platform. After an NFT is initially sold or otherwise released or put into circulation by us, we have no control over subsequent transactions. Accordingly, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to NFTs.
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 Atomic Assets Smart Contract on the WAX Blockchain (or any successor digital item standard). These risks include, inter alia, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, selling and/or otherwise acquiring NFTs:
i) There may not be 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 resell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be resold.
ii) NFTs may not have a use other than within Million on Mars, 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 or increase their value. You might lose money.
iv) The WAX platform may subject your ability to purchase, hold, manage, use, sell, and/or otherwise alienate NFTs to costs, fees, deductions or expenses, which you hereby agree to fully and solely bear.
v) The WAX 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, or sell NFTs.
vi) Atomic Assets accounts 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 or sell NFTs.
vii) Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the WAX platform, which could impact and/or impede on your ability to purchase, hold, manage, use, or sell NFTs.
viii) Other changes to the WAX platform could impact and/or impede on your ability to purchase, hold, manage, use, or sell NFTs.

4.4 Withdrawal right
In the event of a Ban resulting in the termination of this Agreement or if this Agreement is otherwise terminated following a breach by the End User, Million on Mars shall have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to Million on Mars or such third party as Million on Mars may determine within its sole discretion (call option), of (i) all or individual NFTs and/or (ii) all or individual units of Dusk from the End User and to retransfer such NFTs, against such consideration (if any) as Million on Mars may deem appropriate within its sole discretion, to itself or third parties.

4.5 Loss of access
If Million on Mars's withdrawal right is not exercised in connection with a Termination of this agreement, the End User shall retain ownership of their NFTs and their units of Dusk. The End User acknowledges and accepts that they may not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs and/or units of Dusk following a termination of this Agreement. To the greatest extent permitted by law, Million on Mars shall neither have any liability for any damage resulting from such loss of access, nor any obligation to refund the purchase price paid for the relevant NFTs and/or units of Dusk to the End User.

5. Compliance

You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use Million on Mars to engage into any such activities and that Million on Mars makes no representation in respect of, or otherwise in connection with, the suitability of Million on Mars and/or any output generated by using Million on Mars, to engage into any regulated activity or Million on Mars' or such output's compliance with laws and regulations applicable to such activities. Million on Mars neither recommends, nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.
In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using Million on Mars and/or any output generated by using Million on Mars.

6. Posting Policy

This Posting Policy applies to any comments you post or any statements you make in any manner in connection with Million on Mars, in particular on the Website (which includes for the avoidance of doubt any associated forums, chat rooms and/or other messaging services) or any messages you send to other users of the Materials and Services (including as part of the Million on Mars gameplay) in any way, whether facilitated or otherwise allowable by the Materials and Services ("Posts").
Posts may neither, without the prior written approval of Million on Mars:
- represent any views or opinions other than your genuine opinion of the matter in question; nor
- contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Million on Mars at its sole discretion, or otherwise breach or infringe on any third party rights (in particular, without limitation, third party intellectual property rights) and/or applicable laws or court orders;
- advertise or promote any person or entity or their goods or services; nor
- breach any of the representations below.
You herewith grant Million on Mars a perpetual, non-revocable, worldwide and royalty-free license to:
- make use of any Posts as Million on Mars deems appropriate in relation to Million on Mars and/or any of the Website, Materials and Services or the promotion of the same; and
- sub-license third parties, on such terms as Million on Mars deems appropriate, to make use of any Posts as Million on Mars deems appropriate in relation to any to Million on Mars and/or any of the Website, Materials and Services or the promotion thereof.
You herewith unconditionally represent that, as of the date of any Post:
- you own all rights to your Posts or, alternatively, that you have all necessary rights to grant Million on Mars the rights described above;
- you have paid and will pay in full any fees or other payments that may be related to the publication or other use of your Posts; and
- your Posts do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Million on Mars reserves the right without notice, explanation or liability to:
- restrict or remove your ability to make Posts;
- disallow the posting of any specific Posts;
- edit any specific Posts; and/or
- fully remove any Posts from Million on Mars, the Website or anywhere else related to the Materials and Services (including as part of the Million on Mars' gameplay) where they appear or are stored.

7. Image Policy

This Image Policy applies to any images you make available in any manner in relation to any of the Website, Materials and Services (including as part of the Million on Mars gameplay) ("Images").
All rights of whatever nature (including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to Million on Mars, the Website, Materials and Services in accordance with this Image Policy.
Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Million on Mars within its sole discretion, or Images otherwise in breach of or infringing on any third party rights and/or any applicable law or court order, are not permitted.
You herewith grant Million on Mars a perpetual, non-revocable, worldwide and royalty-free license to:
- make use of any Posts as Million on Mars deems appropriate in relation to Million on Mars and/or any of the Website, Materials and Services or the promotion of the same; and
- sub-license third parties, on such terms as Million on Mars deems appropriate, to make use of any Posts as Million on Mars deems appropriate in relation to any to Million on Mars and/or any of the Website, Materials and Services or the promotion thereof.
Million on Mars reserves the right without notice, explanation or liability to:
- restrict or remove your ability to share Images or otherwise make them available;
- disallow the use of any specific Images;
- edit any specific Images; and/or
- fully remove any Images from Million on Mars, the Website or anywhere else related to the Materials and Services (including as part of the Million on Mars' gameplay) where they appear or are stored.

8. Support, Updates, Alterations, Discontinuation

Million on Mars may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to Million on Mars on such terms as Million on Mars may determine within its sole discretion.
At all times, Million on Mars retains the right to use and/or dispose of the Rights as Million on Mars, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.
In particular, without limitation, Million on Mars has the right, but no obligation, to maintain, modify and/or update Million on Mars within its sole discretion. Million on Mars may, but has no obligation to, provide technical support in respect of Million on Mars.
You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality of Million on Mars.
Million on Mars does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law Million on Mars does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Million on Mars.
Million on Mars reserves the right, but has no obligation, to license updated iterations of Million on Mars separately and under different terms.

9. Use of Data

9.1 Use of Data by Million on Mars
You agree that Million on Mars may collect and use technical data and related information - including but not limited to technical information about your devices, systems and application software, and peripherals - that is gathered periodically to facilitate the provision of updates, support, and other services to you (if any) related to Million on Mars. Million on Mars may use this information in a form which does not identify individuals.
Million on Mars will use industry standard administrative, physical and technical safeguards to protect any data collected in accordance with this provision and the Privacy Policy. If a court or government agency orders us to disclose any of your personal data, you will be promptly notified so that an appropriate protective order or other remedy can be obtained unless the court or government agency prohibits prior notification.

9.2 Publicity of Data
You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the WAX Blockchain. Such data includes, but is not limited to information identifying and/or otherwise pertaining to your User Account and your WAX account.

9.3 Privacy Policy
Unless specified otherwise herein, all use of data shall be subject to Million on Mars’ privacy policy, as amended from time to time (the "Privacy Policy"). The Privacy Policy, as currently in force, is available at https://milliononmars.com/privacy

10. Loss of Data
In the event that any information or data (including without limitation in respect of in-game characters, achievements, Virtual Items or general Million on Mars gameplay) relating to you or your use of any of Million on Mars, the Website, Materials and Services held by Million on Mars or any third-party on behalf of or in coordination with Million on Mars is lost, corrupted or otherwise no longer reasonably available or accessible as determined by Million on Mars in its sole discretion, you agree that to the greatest extent permissible at law Million on Mars will have no liability to you of any nature relating to any such information or data.

11. No Representations and Warranties
Million on Mars does not make any representation or give any warranty in respect to any characteristics of Million on Mars. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while Million on Mars has endeavoured to take all reasonable measures and apply appropriate care in the preparation of the content of Million on Mars, the Website, Materials and Services, we do neither represent nor warrant that:
- Million on Mars runs uninterrupted and error-free;
- the use of Million on Mars is fit for any particular purpose and does not infringe upon any third party's intellectual property rights;
- any information contained in Million on Mars and/or any of the Website, Materials or Services is accurate, adequate, complete or error free or that any Posts or Images are compliant with the Posting Policy and Image Policy.
You use Million on Mars at your sole risk. Million on Mars is provided to you on an "as is"-basis, with all faults and without express or implied warranty of any kind.

12. ACCOUNT 

12.1 Account Registration, Username
To acquire or make full use of Million on Mars and any of the Website, Materials and Services you will need to register for an Million on Mars user account ("User Account"). By registering for a User Account, you warrant that all information and personal details you provide to Million on Mars are correct. In addition, you acknowledge that you are aware that the Game can have an 18 years+ classification in certain jurisdictions and warrant that you are over 18 years of age. You may not transfer your registration or any rights you may have in your User Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your User Account.
You will be required to set a username for your User Account and as the case may be, other identifiers in relation to your access or use of Million on Mars, the Website, Materials and Services (any such usernames or identifiers "Usernames"). Usernames may be viewable by other users of any of Million on Mars, the Website, Materials and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.
Million on Mars reserves the right without notice, explanation or liability to:
- restrict or remove your ability to freely set a Username;
- disallow any specific Username;
- edit any specific Username; and/or
- fully remove any Usernames from Million on Mars, the Website or anywhere else related to the Materials and Services (including as part of the Million on Mars' gameplay) where they appear or are stored.
Million on Mars reserves the right, acting at its sole discretion, to refuse to accept your registration request for a User Account. To the greatest extent permitted by law, Million on Mars also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your User Account or to restrict, limit or otherwise change your existing rights of access to your User Account, or any specific feature or benefit afforded to you in relation to your User Account, including without limitation in respect of any Virtual Items (any such action a "Ban"), if it believes, at its sole discretion, that you have breached these Terms of Use or any other agreements between the Parties or for any other reason whatsoever. In such event you agree that Million on Mars will not be required to provide you with prior notice or explanation in respect of such action. Unless notified otherwise by Million on Mars within 10 calendar days of such Ban, any Ban by which your access to your User Account is fully cancelled shall be deemed as an immediate termination of this Agreement. In an event of Ban, you agree that you will remain fully bound under the terms of this Agreement until its termination or expiry.
Million on Mars may also, where it believes such action is necessary, without notice, block IP addresses of any users who Million on Mars believes, at its sole discretion, have breached these Terms of Use.

12.2. Passwords, Access
You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow a third-party access to your User Account without first obtaining Million on Mars's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Million on Mars immediately if you know or suspect that your User Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.
You are solely responsible of ensuring that any process, devices and/or services you employ to access or use Million on Mars or any of the Website, Materials and Services (in particular, without limitation, to acquire, hold, manage and sell NFTs) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law, Million on Mars excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use of Million on Mars or any of the Website, Materials and Services.

12.3. Responsibility for Account Activities
You will be bound by, and hereby authorize Million on Mars to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Million on Mars Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of your account has been compromised, Million on Mars will take reasonable steps to protect your account, including, for example, to cease to allow actions initiated using any compromised account passwords. But, the first sentence of this section will continue to apply to any other account password, and any substitute password issued to replace the compromised account password.

12.4. Number of Million on Mars Accounts
Million on Mars may, in its sole discretion, limit the number of Million on Mars Accounts that you may hold, maintain, or acquire. 

13. RISK DISCLOSURES; ASSUMPTION OF RISKS; RELEASE OF MILLION ON MARS

Trading cryptocurrency, cryptographic tokens, NFTs, and other digital rights or assets (“Tokens”), and use of other Services provided by Million on Mars, involves significant risks and potential for financial losses, including without limitation the following:The features, functions, characteristics, operation, use and other properties of any Token (“Token Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in any Token may be complex, technical or difficult to understand or evaluate.Any Token and its Underlying Technology may be vulnerable to hacking, cyber attack or other attacks on the security, integrity or operation of the Token or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
Due to the nature of virtual currency, there is an increased risk of fraud or Attacks and your Tokens or the value of your Tokens may be irretrievably stolen.Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of a Token or blockchain.
Any Token may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Token Properties or failure of the Token to operate as intended.
Million on Mars may suspend or cease to support the transfer, storage or trading of any Token or NFT at any time at Million on Mars’ discretion. Other exchanges and service providers may do the same.
Million on Mars may suspend or reject your transaction requests, suspend or cease support for Tokens, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Million on Mars’s discretion.You may be unable to withdraw Tokens prior to Million on Mars ceasing to support transfer of any such Tokens, or you may be unable to withdraw Tokens or fiat currency prior to Million on Mars terminating any Services or your access to your Million on Mars Account, resulting in the loss of any such Tokens remaining in your Million on Mars Account.Any Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, Attacks, suspension or cessation of support for a Token by Million on Mars or other exchanges or service providers, and other factors outside the control of Million on Mars.
Any Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Tokens is unsettled and rapidly evolving.
Any Token may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Token). You may be prevented from sending a transaction request, or your transaction request or email may not be received by Million on Mars or the Services, or a third party service, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).
Your transaction request or email to Million on Mars or the Services may be lost, intercepted or altered during transmission.Unauthorized third parties may access or use your Million on Mars Account and effect transactions without your knowledge or authorization, whether by obtaining the password to your Million on Mars Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods.
The risks described in this Section may result in loss of Tokens, decrease in or loss of all value for Tokens, inability to access or transfer Tokens, inability to trade Tokens, inability to receive financial benefits available to other Token holders, and other financial losses to you. You hereby assume, and agree that Million on Mars will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Million on Mars, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Tokens that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Token or trade. You accept the risk of trading Tokens by using the Services and are responsible for conducting your own independent analysis of the risks specific to the Tokens and the Services. You should not acquire or trade any Tokens unless you have sufficient financial resources and can afford to lose all value of the Tokens.Million on Mars’s decision to support transfer, storage or trading of any particular Token through the Services or through third parties does not indicate Million on Mars’s approval or disapproval of the third party services or the integrity, security or operation of the Token or its Underlying Technology. The risks associated with Tokens and trading Tokens apply notwithstanding Million on Mars’s decision to support a particular Token. Million on Mars does not provide trading advice, does not provide cryptocurrency trading services, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Token for trading or ownership by you.

8.5. Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to any transactions you complete via the Services, or via a third party with respect to Tokens, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Million on Mars is not responsible for determining whether taxes apply to you or for collecting, reporting, withholding, or remitting any taxes arising from use of the Services.8.9. Property DisputesIf Million on Mars receives notice that any Tokens held in your Hosted Wallet are alleged to have been stolen or otherwise are not lawfully possessed by you, Million on Mars may, but has no obligation to, place an administrative hold on the affected Tokens or your Hosted Wallet. If Million on Mars does place an administrative hold on some or all of your Tokens, Million on Mars may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Million on Mars has been provided to Million on Mars in a form acceptable to Million on Mars. Million on Mars will not involve itself in any such dispute or the resolution of the dispute. You agree that Million on Mars will have no liability or responsibility for any such hold, or for your inability to withdraw Tokens or use the Services during the period of any such hold.8.10. Token PromotionsYou are responsible for doing all things and taking all actions necessary to enable or receive financial or other benefits made available to Token holders.  For example, and without limitation, if new or additional Tokens are provided (whether by “airdrop” or other means) to holders of a Token, it would be your responsibility to claim the Tokens and to designate the wallet address for such Tokens to be delivered. Million on Mars has no responsibility to enable, facilitate or help with claiming or receiving any such Tokens or other benefits.  For more information, please see our FAQ posted here.

8.11. Unacceptable Use or Conduct
You will not:
violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;engage in any type of market manipulation. Market manipulation activities include, but are not limited to, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing and layering, regardless of whether it is prohibited by law;use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;use any robot, spider, crawler, scraper, or other automated means or interface not provided by Million on Mars to access the Services or to extract data;use or attempt to use another user’s account without authorization;attempt to circumvent any content filtering techniques Million on Mars employs, or attempt to access any service or area of the Services that you are not authorized to access;introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;provide false, inaccurate, or misleading information;post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;promote, offer, use or otherwise exploit the Services or use or otherwise exploit any data related thereto in connection with the formation, operation or offering of any index fund or similar product or any data package or similar product or any other derivative product utilizing the Site or the Services; orencourage or induce any third party to engage in any of the activities prohibited under this Section.

10. CHANGES; SUSPENSION; TERMINATION

10.1. Changes to Services
Million on Mars may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services.

10.2. Suspension or Termination of Services
Million on Mars may, at its discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any Services.

10.3. No Liability
Million on Mars will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any Services (whether pursuant to this Section 10 or for any other reason). You acknowledge that Token valuations and exchange rates may fluctuate during any period during which Services have been suspended and that Million on Mars will have no liability for any such fluctuations.  You also acknowledge that in the event of permanent suspension or termination of Services the Tokens and fiat currency associated with your Million on Mars Account may be lost due to your inability to access, transfer or otherwise control the Tokens and fiat currency and that Million on Mars will have no liability for any such losses.

10.4. Effect of Termination
In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to Million on Mars will immediately become due; (b) Million on Mars may delete or deactivate your Million on Mars Account and all related information and files in such account without liability to you; and (c) Million on Mars may cancel any open Orders or other transaction requests that are pending at the time of discontinuation or termination. In the event of discontinuation or termination of all Services or discontinuation or termination of transfer or storage Services for all or some Tokens, Million on Mars will use commercially reasonable efforts, unless prohibited in order to comply with applicable laws or regulations or by order of law enforcement or other governmental authority, to provide you with a period of 90 days to remove the affected Tokens from your Hosted Wallet and any fiat currency from your Million on Mars Account.  Any Tokens or fiat currency not removed within any applicable time period may be permanently lost and not recoverable by you.

10.5. Survival
The terms of this agreement will survive any termination of your access to the Services.

11. ELECTRONIC NOTICES

11.1. Consent to Electronic Delivery
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Million on Mars provides in connection with this Agreement, your Million on Mars Account or any Services. You agree that Million on Mars may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. 

11.2. Hardware and Software Requirements
In order to access and retain electronic Communications, you will need a device with an Internet connection that has a current web browser with cookies enabled and modern, standard encryption.

15. INDEMNIFICATION
You will indemnify, hold harmless and, upon written request of Million on Mars, defend Million on Mars, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, penalty, loss, cost or expense (including without limitation reasonable attorneys’ fees and court costs) arising directly or indirectly out of or in connection with (a) access or use of any Services by you; (b) any Feedback or User Content provided by you; (c) breach of any provision of these Terms by you; or (d) violation of any applicable law or the rights of any other person or entity by you. For purposes of subclauses (a) through (d) of the preceding sentence, “you” includes you, any third party acting on your behalf and any third party using your Million on Mars Account (whether authorized or unauthorized by you). If you are obligated to indemnify any Indemnified Party, Million on Mars (or, at Million on Mars’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Million on Mars wishes to settle, and if so, on what terms.

16. DISCLAIMER OF DAMAGES

IN NO EVENT WILL MILLION ON MARS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE MILLION ON MARS MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MILLION ON MARS, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF MILLION ON MARS), EVEN IF MILLION ON MARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. LIMITATION OF LIABILITY

IN NO EVENT WILL THE LIABILITY OF MILLION ON MARS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH SITE, THE SERVICES, THE MILLION ON MARS MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MILLION ON MARS, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF MILLION ON MARS) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO MILLION ON MARS UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.18. DISPUTE RESOLUTION; WAIVER OF CLASS ACTION; MANDATORY ARBITRATION

Please read the following section carefully because it waives any right to participate in any class action or other representative action or proceeding.  Unless you opt out of arbitration by following the instructions set forth below, this section also requires you to arbitrate certain disputes and limits the manner in which you can seek relief, including by precluding you from suing in court or having a jury trial.

18.1 No Class Actions.
Any claim, controversy or dispute arising out of or related to this Agreement, your Million on Mars Account or any products or services provided in connection with your Million on Mars Account (each, a “Dispute”) is personal and will be resolved solely through individual action.  No Dispute will be brought as, or subsequently joined with or converted into, a class action, class arbitration, or any other type of representative proceeding.

18.2 Arbitration of Disputes.
With only limited exceptions as described in Section 18.3, all Disputes between you and Million on Mars must be resolved by binding arbitration and not in a court of general jurisdiction. By agreeing to binding arbitration both you and Million on Mars waive any and all right to a jury trial or to participate in a class action. This Agreement affects interstate commerce and the enforceability of this Section 18.2 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.
            (a)    Notice of Dispute. For any Dispute that you have against Million on Mars, you agree to first contact Million on Mars and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Million on Mars by filing a support ticket at support@milliononmars.com. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Any notice by Million on Mars to you will be similar in form to that described above. If you and Million on Mars cannot reach an agreement to resolve the Dispute within thirty (30) days after receiving such Notice, either party may submit the Dispute to binding arbitration as provided herein.
            (b)   Arbitrator Selection and Rules. Arbitration of Disputes will be administered by an arbitrator chosen by Million on Mars. The arbitration shall be conducted in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules (including, as applicable if you are a consumer under those rules, the Consumer Arbitration Rules) (“AAA Rules”) modified as appropriate to remove any requirement to have AAA review, certify or register these Terms. The most recent version of the AAA Rules is incorporated by reference.  The most recent version of the AAA Consumer Arbitration Rules is incorporated by reference if you are a consumer under the AAA Rules. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason. In the event of any conflict between these Terms and the AAA Rules, these Terms shall govern.
            (c)    Scope and Authority. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute, including the power to determine the question of arbitrability and resolve any dispute about whether a claim or action is excepted from arbitration pursuant to Section 18.3, below, and to grant any remedy and award any relief that would be available in court for the claims presented in arbitration. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator is bound by this provision.
         (d)   Hearings and Location.  Whether to hold a hearing, the type of hearing (telephonic or in-person), and a party’s right to request a hearing where the AAA Rules otherwise call for resolution of the Dispute solely on the basis of documents submitted by the parties will all be determined in accordance with the AAA Rules.  Unless otherwise ordered by an arbitrator or required by AAA Rules, all in-person arbitration hearings will be held in Austin, Texas.
            (e)       Confidentiality. The arbitration may allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Million on Mars and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
            (f)    Fees and Costs. The party that initiates arbitration will pay any administrator filing fee and you and Million on Mars will share equally any other fees or costs charged by the administrator or arbitrator. If you are a consumer under the AAA Rules, the filing fee and any other administration costs will be split in accordance with the fee schedule in the AAA Rules. Each party will be responsible for its own costs of counsel and other costs associated with arbitration of the Dispute.

18.3 Excepted Claims.
Notwithstanding Section 18.2, there is no requirement to arbitrate, and you and Million on Mars may bring (a) an individual small claims action in the small claims court in your and Million on Mars’s respective county of residence as provided in the AAA Rules, or (b) an action seeking only a temporary restraining order or injunction for alleged breach of confidentiality obligations or for alleged infringement or misappropriation of intellectual property in any court having jurisdiction; provided that, in each case, the action is brought as an individual action and not on a class or representative basis.

18.4 Time Bar.  Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Million on Mars will not have the right to assert the claim.

18.5 Severability.
If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this Section 18 will be enforceable.

19. GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of State of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that Million on Mars may initiate a proceeding related to the enforcement or validity of Million on Mars’s intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Travis County, Texas will have exclusive jurisdiction. You waive any objection to venue in any such courts.

20. OTHER TERMS

20.1. Copyright Violations
Million on Mars has a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Million on Mars’s Designated Agent. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Million on Mars for certain costs and damages. You may also submit a proper notification to our Designated Agent using the contact information below:

Designated Agent: Copyright Manager
Address: 3267 Bee Caves Rd, Ste 107-262, Austin, TX 78746
Telephone Number:  (512)668-9981
Email: legal@milliononmars.com

20.2. Remedies
If you violate any of these Terms, Million on Mars may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your account, or confiscate Tokens owned by you without any prior notice to you. Million on Mars shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Million on Mars pursuant to this paragraph. Any right or remedy of Million on Mars set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.

20.3. Million on Mars Affiliates and Contractors
An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Million on Mars, its Affiliates or their respective contractors. To the extent that an Affiliate of Million on Mars, or contractor of Million on Mars or an Affiliate of Million on Mars, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Million on Mars’s name occurs in these Terms.

20.4. Nonwaiver
Million on Mars’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

20.5. Severability
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

20.6. Force Majeure
Million on Mars will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Million on Mars, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

20.7. Assignment
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Million on Mars may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

20.8. Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.

20.9. Entire Agreement; Order of Precedence
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with Million on Mars, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.