Terms of Use: The Rulebook for Vyug Metaverse

Welcome to Vyug Metaverse! These Terms of Use ("Terms") govern your access to and use of the Vyug Metaverse, an open-world metaverse platform, including all associated websites, applications, features, content, products, and services (collectively, the "Service" or "Vyug Metaverse").

The Vyug Metaverse is an immersive, social platform with 10 regions inspired by real continents, integrating over 13 industries. It will feature virtual marketplaces, NFT lands, and in the future, allow users to generate content using Creator SDKs. Vyug also acts as an XR solution provider to companies and an independent game development company.

These Terms constitute a legally binding agreement between you and Vyug Metaverse Private Limited ("Vyug," "we," "us," or "our"), a company registered under the laws of India, with its registered office in Noida, Uttar Pradesh, India.

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

• "Account" : Your user account registered with Vyug Metaverse.
• "Content" : Any data, text, graphics, images, audio, video, software, 3D models, NFTs, virtual goods, or other information or materials that appear on, are uploaded to, or are generated within the Service.
• "Creator SDKs" : Software Development Kits provided by Vyug that enable users to create and integrate content within the Metaverse.
• "NFTs"(Non-Fungible Tokens) : Unique digital assets recorded on a blockchain.
• "Privacy Policy" : Vyug's policy governing the collection, use, and disclosure of personal data, available on our website.
• "Service" : The Vyug Metaverse platform, including websites, applications, features, and content.
• "User" : "ou," "Your": Any individual or entity accessing or using the Service.
• "User-Generated Content"(UGC) : Content created, uploaded, submitted, posted, or displayed by Users on the Service.
• "Virtual Assets"(UGC) : Digital items, including NFTs, virtual lands, virtual currency, and other in-game items or properties that can be acquired, owned, or used within the Service.

2. Eligibility and Account Registration

2.1 Age Requirement: The Vyug Metaverse is intended for users who are 13 years of age or older.

• Users between 13 and 17 years old: By creating an Account and using the Service, you represent and warrant that you have obtained the consent of a parent or legal guardian to agree to these Terms. Parents/guardians are responsible for reviewing and agreeing to these Terms and for supervising their minor's activities within the Service. Vyug reserves the right to restrict access to certain features, content, or regions for users under 18 years old.
• Users 18 years and older: By creating an Account and using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

2.2 KYV (Know Your Visitor) Process: To ensure compliance and maintain a safe environment, Vyug reserves the right to implement a Know Your Visitor (KYV) process for age verification and identity confirmation. You agree to provide accurate, complete, and up-to-date information as requested by Vyug during the registration and KYV process. Failure to do so may result in the suspension or termination of your Account.

2.3 Account Information: When creating an Account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your Account information to keep it accurate and complete.
• Keep your password secure and confidential.
• Promptly notify Vyug of any unauthorized use of your Account or any other breach of security.
• You are solely responsible for all activities that occur under your Account, whether or not you authorized them. Vyug will not be liable for any loss or damage arising from your failure to comply with these obligations.

3. User Conduct and Prohibited Activities

You agree to use the Service in a lawful and respectful manner and to comply with these Terms, all applicable laws and regulations, and any additional guidelines or policies posted by Vyug. You acknowledge that your behavior within the Vyug Metaverse impacts the experience of other Users.

The following activities are strictly prohibited within the Vyug Metaverse:

• Illegal Activities: Engaging in, promoting, or facilitating any illegal activities, including but not limited to drug sales, gambling (where prohibited), or fraud.
• Harassment and Bullying: Engaging in any form of harassment, intimidation, threats, stalking, cyberbullying, or doxing of other Users.
• Hate Speech and Discrimination: Posting, displaying, or transmitting content that promotes hatred, discrimination, violence, or intolerance against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
• Adult or Obscene Content: Uploading, displaying, or distributing any sexually explicit, pornographic, obscene, or otherwise inappropriate content.
• Violence and Threats: Promoting, glorifying, or threatening violence against individuals, groups, or oneself.
• Impersonation: Impersonating any person or entity, including Vyug staff, other Users, or public figures, or falsely representing your affiliation with any person or entity.
• Spam and Scams: Sending unsolicited or unauthorized advertisements, promotional materials, junk mail, spam, chain letters, phishing attempts, pyramid schemes, or any other form of solicitation.
• Cheating and Exploits: Using bots, hacks, cheats, exploits, or any unauthorized third-party software or tools to gain an unfair advantage or disrupt the Service.
• Intellectual Property Infringement: Uploading, sharing, or otherwise making available any Content that infringes upon the intellectual property rights of others (e.g., copyrights, trademarks, patents, trade secrets). This includes copyrighted material for which you do not have appropriate licenses or permissions.
• Privacy Violations: Collecting, storing, or sharing personal information of other Users without their explicit consent.
• Malicious Software: Uploading or distributing viruses, malware, trojan horses, or any other malicious code intended to harm the Service or other Users' devices.
• Disruption of Services: Any activity that interferes with, disrupts, or negatively affects the functionality or security of the Service, its servers, or networks, including but not limited to denial-of-service attacks.
• Unauthorized Commercial Use: Using the Service for unauthorized commercial purposes, including selling access to the Service, or otherwise leveraging the Service for personal gain without explicit authorization from Vyug.
• Misinformation and Deception: Spreading false or misleading information intended to harm, mislead, or manipulate other Users or the broader community.

Enforcement: Vyug reserves the right to take strict action against any User who violates these Terms, including issuing warnings, temporary suspension of Account access, or permanent termination of Account access, and removal of prohibited Content. Vyug may also report illegal activities to relevant law enforcement authorities. The Vyug community is encouraged to report inappropriate content or behavior using the designated reporting mechanisms within the Service.

4. User-Generated Content (UGC)

4.1 Responsibility for UGC: You are solely responsible for any User-Generated Content (UGC) that you create, upload, submit, post, display, or otherwise make available on or through the Service. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and use your UGC, and that your UGC does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, or any other rights of any third party.

4.2 Ownership of UGC: As Vyug Metaverse is intended to be a blockchain-based decentralized system, you retain all ownership rights to your UGC. However, to operate and provide the Service, you grant Vyug a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your UGC in connection with the Service and Vyug's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. This license includes, without limitation, the right for Vyug to make UGC available to other Users, partners, or third parties for their use or integration into the Service, in accordance with the functionality of the Service and these Terms.

4.3 Content Standards: All UGC must comply with the User Conduct and Prohibited Activities section (Section 3) of these Terms. Vyug reserves the right, but is not obligated, to monitor, screen, remove, edit, or block any UGC at its sole discretion, for any reason, without notice, and without liability to you.

5. Virtual Currency, NFTs, and Transactions (Forthcoming Features)

5.1 Future Implementation: Please note that features related to virtual currency (cryptocurrency), in-app purchases (using fiat and cryptocurrency), NFTs (including NFT lands), and other virtual asset transactions are forthcoming and under development. These functionalities are not fully implemented or available at the initial launch of the Service.

5.2 Future Terms: Once these features are launched, they will be governed by additional terms and conditions that will specifically outline:

• The nature and functionality of virtual currencies, NFTs, and other virtual assets.
• The processes for acquiring, owning, transferring, buying, and selling Virtual Assets.
• The applicable fees, taxes, and transaction procedures.
• Dispute Resolution for Transactions: Vyug will establish clear procedures for resolving disputes related to transactions involving virtual currency, NFTs, or other Virtual Assets conducted through the Service. Users will be required to follow these procedures. You acknowledge that, particularly for blockchain-based transactions, the immutability of the blockchain may limit Vyug's ability to reverse or modify transactions.

5.3 Acceptance of Future Terms: Your continued use of the Service after the implementation of these features will signify your acceptance of any additional or updated terms related to virtual currency, NFTs, and transactions. We will notify you of any significant changes to these terms.

5.4 Risk Acknowledgment: You acknowledge that the value of cryptocurrencies, NFTs, and other Virtual Assets can be highly volatile and subject to significant fluctuations. Vyug is not responsible for any losses incurred due to the fluctuation in value of Virtual Assets. You understand that transactions involving Virtual Assets carry inherent risks, including but not limited to the risk of loss of assets due to smart contract bugs, network congestion, malicious attacks, or your own loss of private keys.

6. Intellectual Property Rights

6.1 Vyug's Intellectual Property: All rights, title, and interest in and to the Service (excluding UGC), including but not limited to its design, features, functionality, software, graphics, trademarks, service marks, logos, and patents, are and will remain the exclusive property of Vyug Metaverse Private Limited and its licensors. These Terms do not grant you any right to use Vyug's trademarks, logos, domain names, or other brand features.

6.2 User's Intellectual Property (UGC): As stated in Section 4.2, you retain ownership of your UGC.

6.3 Third-Party Intellectual Property:
• You acknowledge that the Service may contain content from third parties that is protected by intellectual property rights.
• Users may be able to use third-party intellectual property within the metaverse to some extent, provided they possess and can demonstrate appropriate licenses, permissions, or other legal rights to do so. It is your sole responsibility to obtain all necessary rights and licenses for any third-party intellectual property you incorporate into your UGC or use within the Service.
• Vyug is not responsible for your unauthorized use of third-party intellectual property.

7. Copyright Infringement Claims (Notice and Takedown Procedure)

Vyug respects the intellectual property rights of others and expects its Users to do the same. We have adopted a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and similar intellectual property laws, adapted for our decentralized ecosystem.

7.1 Reporting Alleged Infringement: If you believe that your copyrighted work has been copied and made available through the Service in a way that constitutes copyright infringement, you must provide a written notification ("Infringement Notice") to our designated Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vyug to locate the material within the Vyug Metaverse (e.g., exact location within the metaverse, specific asset ID, User ID).
• Information reasonably sufficient to permit Vyug to contact you, such as your address, telephone number, and, if available, an email address.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Copyright Agent Contact:
Email : copyright@vyugmetaverse.com
Address : Vyug Metaverse Private Limited, B-151, Sector 6, Noida, Uttar Pradesh, India

7.2 Takedown Procedure: Upon receipt of a valid Infringement Notice, Vyug will take reasonable steps to promptly remove or disable access to the allegedly infringing content from its display layer within the Vyug Metaverse. While Vyug cannot delete content from an underlying blockchain, it will ensure such content is no longer accessible or visible through the Vyug platform.

7.3 Counter-Notification: If you believe that your UGC that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a written counter-notification to our Copyright Agent with the following information:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
• A statement that you have a good-faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
• Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in Noida, Uttar Pradesh, India, and that you will accept service of process from the person who provided the original Infringement Notice or an agent of such person.

7.4 Repeat Infringers: Vyug reserves the right to terminate the Accounts of Users who are determined to be repeat infringers of copyright or other intellectual property rights.

8. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how Vyug collects, uses, stores, and shares your personal data and other information, including information collected through cookies and other tracking technologies.

By using the Service, you acknowledge that you have read and understood our Privacy Policy and consent to the data practices described therein. This includes, where applicable, the processing of your data for the operation of the Service, its personalization, analytics, security, and potential sharing with third parties, including service providers and, where applicable, our XR solution clients, in an anonymized or aggregated form, or as otherwise outlined in the Privacy Policy.
Please review our Privacy Policy for full details on our data practices.

9. Third-Party Services and Links

The Service may contain links to third-party websites, applications, services, or resources that are not owned or controlled by Vyug. Vyug has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Vyug shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
VYUG DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• ANY DEFECTS OR ERRORS WILL BE CORRECTED.
• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
• THE VALUE OF VIRTUAL ASSETS (INCLUDING CRYPTOCURRENCIES AND NFTS) WILL REMAIN STABLE OR INCREASE, AND VYUG DISCLAIMS ALL LIABILITY FOR ANY LOSSES INCURRED DUE TO MARKET VOLATILITY OR LACK OF LIQUIDITY.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VYUG, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF VYUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE.
• ANY CONTENT OBTAINED FROM THE SERVICE.
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL VYUG'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO VYUG, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY US DOLLARS (USD 50).

12. Indemnification

You agree to defend, indemnify, and hold harmless Vyug, its affiliates, licensors, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service.
• Your User-Generated Content.
• Your violation of these Terms.
• Your violation of any rights of another party, including but not limited to intellectual property rights or privacy rights.
• Any breach of your representations and warranties made herein.

13. Termination

Vyug may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, at its sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your Account, you may do so by following the instructions within the Service or by contacting Vyug's support.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to Terms

Vyug reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be exclusively settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended) of India. The seat of arbitration shall be Noida, Uttar Pradesh, India. The arbitration proceedings shall be conducted in English.
Subject to the arbitration provision above, you agree to submit to the exclusive jurisdiction of the courts located in Noida, Uttar Pradesh, India for the resolution of any legal actions or proceedings arising out of or relating to these Terms.

16. Miscellaneous

16.1 Entire Agreement : These Terms, together with the Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and Vyug regarding your use of the Service.

16.2 Severability : If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16.3 Waiver : No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Vyug's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment : You may not assign or transfer your rights or obligations under these Terms without Vyug's prior written consent. Vyug may assign these Terms and its rights and obligations hereunder, in whole or in part, at any time without notice to you.

Contact Us

If you have any questions about these Terms, please contact us at:

Vyug Metaverse Private Limited
Email: support@vyugmetaverse.com
Address: Noida, Uttar Pradesh, India