The Mirror Megaverse Terms of Service
Last Updated: 9/13/2023
These Terms of Service (“Terms”) apply to your access to and use of the downloadable software, websites, mobile applications and other online products and services (collectively, the “Services”) available at https://in.themirror.space via download and/or through the mobile application version of the Services (collectively, the “Platform” or “The Mirror”) provided by The Mirror Megaverse Inc. (“TMM”, or “we”). By using our Services, you agree to these Terms, (including the mandatory arbitration provision and class action waiver in Section 14). If you do not agree to these Terms, do not use our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with TMM, if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately; and your continued use of our Services, after we provide such notice, will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at legal@themirror.space. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy https://themirror.space/privacy.
In order to use our Services, you must meet the following eligibility criteria:
If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity; (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf; and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
You may need to register for an account, to access some and/or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information, if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not permit others to use your account credentials. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames‘ including on behalf of businesses or individuals that hold legal claim, and including trademark rights, of those usernames.
Access to your account is limited solely to you. You will not sell, rent, lease, or grant access to your account to any person without our prior written permission.
You are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access our Services. You will not hold us responsible for managing and maintaining the security of your account. We are not responsible (and you will not hold us responsible) for any unauthorized access to and/or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately. In the event that fraud, illegality, or other conduct that violates these Terms is discovered or reported (whether by you or someone else) that is connected with your account, we may suspend or block your account as described in Section 16.
The Mirror is an all-in-one game development platform designed to offer a comprehensive suite of tools and services for both gamers and developers alike. The platform enables users to engage in a variety of activities, including playing and developing games (“Games”) and creating digital assets (“Assets”). Any content uploaded or created by a user on the platform is categorized as User-Generated Content (“UGC”).
Upon registration, each user is allocated a unique virtual environment, referred to as, a “Space.” Within this Space, users have the capability to create, manage, and deploy Assets and Games. The Space serves as a personalized hub for all your game development and gaming activities.
Additionally, Assets can be exchanged through the Mirror Marketplace; providing users with an avenue to monetize their Assets. Games developed on the platform can also be published and monetized in a variety of ways, offering developers multiple revenue streams.
Content Restrictions
When creating Assets or Games on the Platform, you must adhere to the following content restrictions:
User Responsibilities and Rights
Users are solely responsible for any UGC they create, upload, or distribute on the Platform. While we strive to maintain a safe and respectful environment, we do not pre-screen or endorse any UGC.
We reserve the right to remove any UGC at our sole discretion (without prior notice) for conduct that violates these guidelines, or for any other reason. Furthermore, we reserve the right to terminate or suspend any user account that is found to be in violation of these terms and conditions.
Asset Monetization
You have the option to list your Assets for sale in the Mirror Marketplace; where transactions are conducted using the platform’s native currency, Mirror Credits (“MC”) or you can make the Assets available in the Mirror Marketplace under an alternative revenue share model. Revenue generated from Assets for one-time purchases, after deducting any applicable transaction fees, will be paid to you through a designated cash-out process.
Game Monetization
Games you develop can be published on the Mirror. You have control over the pricing and business model of your Game; whether it’s free-to-play, freemium, or premium. Revenue generated from the Game, after accounting for transaction fees taken by the Mirror, will also be paid to you through a designated cash-out process.
Transaction Fees and Taxes
Each transaction on the Mirror is subject to a fee payable by the purchaser. This fee will be automatically deducted and applied to your account before the cash-out process. You are solely responsible for all sales, use, value-added, and other taxes (collectively, “Taxes”) associated with your use of the Mirror, including any Taxes arising from the transfer or sale of Assets and/or Games.
Payment Methods
Financial transactions involving fiat currency may be conducted through various methods, including but not limited to Stripe, ACH transfers, and wire transfers.
Pricing Policy
All pricing and payment terms are as specified on the Platform. Any payment obligations you incur are binding at the time of purchase. We reserve the right to modify or remove pricing at our sole discretion.
TMM’s Ownership of Intellectual Property Rights
TMM owns all copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law (“Intellectual Property Rights”) in and to the Service, including but not limited to the content, software, servers, and websites related thereto, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “Mirror Marks”). You acknowledge and agree that TMM and its licensors own all rights, titles, and interest in and to the Service; including all Intellectual Property Rights therein, other than with respect to UGC.
Licenses Granted by The Mirror
By agreeing to these Terms, you are granted a limited, non-sublicensable license to access and use the Service for your personal use solely as permitted through the normal functionality of the Service (the “Mirror Content License”). We reserve the right to use technological measures to prohibit unauthorized copying, transfer, or distribution of Services.
Your Rights and Responsibilities for UGC
You retain any and all Intellectual Property Rights under applicable law to the UGC you create, upload, publish, and submit to and/or through the Service. You are solely responsible for your UGC and the consequences of creating, uploading, and publishing it on the Service. You grant TMM the right to protect and enforce its rights to your UGC.
Licenses You Grant to The Mirror
By creating, uploading, publishing, and/or submitting your UGC to and/or through the Service, you grant TMM an unrestricted, worldwide, irrevocable, fully sublicensable, non‑exclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such UGC to promote the TMM game development platform’s services and capabilities.
Licenses You Grant to Other Users
By creating, uploading, publishing, or submitting your UGC to any publicly accessible areas of the Service, you hereby grant other users a non-exclusive license to access your UGC through the Service and to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC as permitted through your interactions with the Service.
Upload Content At Your Own Risk
The Mirror uses reasonable security measures to protect UGC against unauthorized copying and distribution. However, TMM does not guarantee that unauthorized copying, use, or distribution of UGC by other users or third-parties will not occur. You agree that TMM shall not be liable for any unauthorized copying or usage of such UGC.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort; and you are solely responsible for your conduct while using our Services.
You will not:
Violation of any of these terms will lead to account suspension, and we may take further action if necessary. You agree not to allow or encourage any third-party to commit any of the prohibited acts listed above. If you violate or are accused of violating these Terms, you agree to immediately notify us at legal@themirror.space.
The enforcement of this section is at TMM’s sole discretion. Failure to enforce this section in some instances does not waive our right to enforce it in other instances. This section does not create any private right of action on the part of any third-party, or any reasonable expectation that the services will not contain any content that is prohibited by these rules.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about TMM or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback at TMM’s sole discretion. You understand that TMM may treat Feedback as non-confidential.
We may provide information about third-party products, services, activities, or events, or we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third-parties and your use of or interaction with any Third-Party Content are solely between you and the third party. TMM does not control or endorse, and makes no representations or warranties regarding any Third-Party Content; and your access to and use of such Third-Party Content is at your own risk.
In some cases, TMM integrates directly with third-parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). TMM has no control over the uptime and functionality made available through Third-Party APIs and as such certain aspects of The Mirror could incur an outage outside of TMM’s control, and certain aspects of The Mirror’s functionality could be impacted by changes of features made available through Third-Party APIs.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless TMM and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Mirror Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to cooperate with TMM Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). TMM Parties will have control of the defense or settlement, at TMM’s sole option, of any third-party Claims.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TMM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE TMM ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY CONTENT THEREINWE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES.
To the fullest extent permitted by applicable law, TMM and the other Mirror Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if TMM or the other Mirror Parties have been advised of the possibility of such damages.
The total liability of TMM and the other Mirror Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of[$100 or the amount paid by you to use our Services.
The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of TMM or the other Mirror Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release TMM and the other Mirror Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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.”
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating (in appropriate circumstances) the accounts of users who repeatedly infringe on 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 TMM’s designated agent as follows:
Designated Agent: Justin Morgan
Address: 7901 4th St N, Suite 15196 St. Petersburg, FL 33702
Telephone Number: (754) 273-8746
E-Mail Address: legal@themirror.space
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 TMM for certain costs and damages.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TMM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
. You and TMM agree that any dispute arising out of or related to these Terms, or our Services is personal to you and TMM and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
. Except for small claims disputes in which you or TMM seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or TMM seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and TMM waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against TMM you agree to first contact TMM and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to TMM by email at legal@themirror.space or by certified mail addressed to 7901 4th St N, Suite 15196 St. Petersburg, FL 33702. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and TMM cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS; or under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New Castle County, Delaware unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 14, a “consumer” means a person using the Services for personal, family or household purposes. You and TMM agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively, sitting in New Castle County, Delaware.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of TMM to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
