Terms of service

1. Definitions
   1. GAME LOUNGE STUDIOS– Game Lounge Studios FZE with its seat in Umm Al Quwain, Al Shmookh Business Center, One UAQ, UAQ Free Trade Zone, United Arab Emirates, www: https://theunbound.io/ , email: office@theunbound.io
   2. Unbound – a metaverse platform developed by GAME LOUNGE STUDIOS and made available by it independently or through a Platform.
   3. Terms – these terms of service;
   4. Platform – a platform through which GAME LOUNGE STUDIOS distributes Unbound and makes it available to the Users, such as Epic Store;
   5. Prohibited Content – content that:
      1. the use of which, including dissemination, copying and promoting it, is considered an illegal activity under the applicable laws;
      2. is defamatory, profane, discriminatory or constitutes “hate speech”;
      3. promotes or contains software (e.g. malware, cracks, corrupted files) that can cause a misuse, damage or otherwise unauthorizedly affect GAME LOUNGE STUDIOS, other Users or any other third party’s software and/or hardware;
      4. infringes in any other way applicable law regulations.
   6. Services – GAME LOUNGE STUDIOS’s products, games and other related services, in particular downloading, installing and using Unbound
   7. User – a person who uses the Services;
   8. User Content – all the non-personal data that the User uploads, creates, generates and shares through or thanks to the Services, such as pictures, videos messages, files, in-game art and other digital content, including NFT.
   9. Virtual Item – in-game digital items or features, other than NFT, that are accessible through the Services, were designed by or for GAME LOUNGE STUDIOS for the use within a particular Service, and can be either given free-of-charge, earned in-game or purchased from GAME LOUNGE STUDIOS or by its authorization; in particular virtual in-game currency (coins, tokens, points, etc.).

2. Subject of the Terms
   1. These Terms regulate the agreement between GAME LOUNGE STUDIOS and the User on using the Services.
   2. Each User is required to read and accept the Terms prior to any use of the Services. Acceptance of the Terms is required to use the Services.
   3. GAME LOUNGE STUDIOS may publish additional policies and terms related to its Services, in which case such policies and terms constitute a part of the Terms unless otherwise specifically stated in a given policy or terms. Each User is obliged to adhere to the applicable policies and/or terms when using the Services.
   4. If the User access the Services through a Platform or from a social networking site such as Facebook, the User also needs to comply with their terms of service and policies.

3. Age restrictions
   1. The Services are intended to be used only by those that have full legal capacity. Use of the Services by minors or adults with limited legal capacity is prohibited and each User is obliged to deny access to the Services to such persons.
   2. One’s legal capacity is established in accordance with its place of residence.
   3. The User shall be fully liable for each use of the Services in violation of the above.

4. Access to the Unbound
   1. The User can download and access Unbound through the Platform on which GAME LOUNGE STUDIOS published it. The User is obliged to use its own account on the Platform in that regard and it is forbidden to access Unbound from someone else’s account or to allow someone else to access Unbound through own account on the Platform.
   2. Each User confirms that the data of its account on the Platform, that are available to GAME LOUNGE STUDIOS due to accessing Unbound via the Platform, are true and not misleading.
   3. The User shall safeguard information required to log in to Unbound, in particular keep the password confidential.
   4. The User is responsible for any usage of Unbound through it account on the Platform.

5. License to the Services
   1. Subject to the Terms and continuing compliance with them GAME LOUNGE STUDIOS grants the User a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services– as they were intended for and made available to the User by GAME LOUNGE STUDIOS or by its authorization - for the User’s own purposes.
   2. The license does not allow anyone to:
      1. interfere with any security and monitoring systems and measures of the Services by attempting to disrupt, disable, remove, circumvent them or for any other similar purpose;
      2. interfere with the Services by using any unauthorized third-party software;
      3. bypass measures applied by the GAME LOUNGE STUDIOS as a result of infringement of the Terms;
      4. attempt to reverse-engineer the Services and the software that creates it;
      5. violate any applicable law regulation through using the Services, in particular by violating any third party right or by using, storing, publishing etc. within the Services Prohibited Content;
      6. take any other action that could cause disruptions to the normal operation of the Services;
      7. use the Services in order to create a similar service or product, as well as to copy any idea or solution implemented within the Services for any other product or service.
   3. The license does not allow access to the source code of Unbound and any other GAME LOUNGE STUDIOS’ software.

6. Ownership

Unless the Terms states otherwise, the User has no rights to intellectual property rights  - copyrights, rights to patent, utility models, industrial designs, trade marks and any other rights to intangible property, including software, source codes, trade and domain names, know-how, databases, trade secrets - or other proprietary rights in connection with the Services, excluding its own User Content.

7. User content
   1. The User warrants that the User Content complies with the Terms and applicable laws and does not infringe any third’s party rights, in particular it does not include any Prohibited Content.
   2. GAME LOUNGE STUDIOS in justified cases may require the User to provide a proof of its claim to use the User Content.
   3. GAME LOUNGE STUDIOS has the right to monitor, record or store the User’s interactions in relation to the Services. GAME LOUNGE STUDIOS may also affect the way the User Content is being used in-service, in particular by editing it or blocking its use and possibility to view it within the Services.
   4. The User shall indemnify and hold GAME LOUNGE STUDIOS harmless from any claims raised in relation to the User Content attributable to that User.
   5. By uploading or making otherwise User Content available within the Services the User grants GAME LOUNGE STUDIOS an irrevocable, perpetual, sublicensable, transferable, royalty-free, worldwide license to use the User Content in relation to the development, maintenance, marketing and promotion of the Services. The said license entitles GAME LOUNGE STUDIOS to use the User Content within the above limits on all fields of exploitation known at the time of authorization, in particular on the following:
      1. production of copies of the User Content, printing, by means of reprography, magnetic and digital recording comprised, in particular the permanent or temporary reproduction of a computer programs in full or in part, by any means and in any form;
      2. introduction to the market, bailment or lease of the originals or their copies
      3. public display, screening, presentation and broadcast, rebroadcast as well as making the Work publicly available in such a way to make it accessible for everybody in a place or time chosen by them, in particular on the Internet;
      4. translation, adaptation, arrangement or any other modification of the User Content, including computer programs.
   6. Within the scope of the aforementioned license and in accordance with its terms, the User gives GAME LOUNGE STUDIOS consent to use works that are derivative from the User Content.
   7. On the basis of the given consent by User, GAME LOUNGE can use and exploit the User’s personal data included in or being in connection to any User Content, within the scope regulated by the Privacy Policy and in accordance with applicable law.
   8. The validity of license granted to GAME LOUNGE STUDIOS, as specified in this paragraph, is not affected by termination of any agreement with the User.

8. Virtual Items and NFT
   1. While using the Services, the User may purchase or otherwise obtain, in accordance with GAME LOUNGE STUDIOS authorization, a non-transferable, non-sublicensable and revocable license to access and use Virtual Items within the Services, as those are made accessible through it.
   2. Virtual Items may be modified, eliminated, managed, or regulated by GAME LOUNGE STUDIOS at any time, for any reason. GAME LOUNGE STUDIOS shall notify the Users in good time about such changes in order to allow them to benefit from the purchased Virtual Items.
   3. Unbound makes it possible to use NFT within it, which includes a possibility to purchase NFTs from GAME LOUNGE STUDIOS.
   4. By purchasing NFT from GAME LOUNGE STUDIOS the User acquires ownership of a specific NFT, which does not include transfer of any copyrights and in no way limits GAME LOUNGE STUDIOS or any third party right in using any item or NFT other than the specific one that was made available to the User through the purchase action.
   5. The User is free to use and dispose of the purchased NFT.
   6. Some Virtual Items or NFT may be available to the Users on a subscription basis. In such cases point 9 below applies.
   7. Except when required by law, any purchases of Virtual Items or NFT are final and non-refundable

9. Subscription
   1. Some parts of the Services may be accessible only to those Users that singed up for a subscription and paid a subscription’s fee. The benefits arising from such subscription, its content, cost and subscription period may vary – GAME LOUNGE STUDIOS publishes relevant details in that regard within the Services.
   2. Unless otherwise specified or determined by GAME LOUNGE STUDIOS: 1) subscriptions are automatically renewable, unless the User turns a given subscription off at least 24 hours before the expiry of its period, 2) fee for another subscription period shall be taken during 24 hours preceding the expiry of the current subscription period, 3) in case the subscription fee cannot be taken, regardless of the reasons, subscription shall be automatically cancelled.
   3. Once the User has signed up for a subscription, User can manage it and switch off its automatic renewal at any time after the purchase in the settings of User’s Platform account or within the Services. User cannot cancel the subscription – a given subscription period - if it has already been activated and used.
   4. A trial version of a subscription may be offered free of charge for certain period of time from activation. In case the User does not cancel the trial version within such period, the User shall be charged with a subscription fee accordingly when it expires. User’s subscription period begins with the activation of a trial version. GAME LOUNGE STUDIOS cannot grant the User a second trial version if it has already been activated.
   5. Except when required by law, paid subscription fees are final and non-refundable. The User is not entitled to a refund for the fact of not using Virtual Items and other goods and services during the subscription period.
   6. GAME LOUNGE STUDIOS may modify the subscription fee. In case of pending subscriptions changes will become effective at the end of the current subscription period and apply to the following subscription period. The User enjoying a pending subscription will be provided a reasonable - at least one month - prior notice of any change in subscription fee. The User is required to agree to an increase in subscription fee, otherwise the User’s subscription shall expire at the end of the current subscription period.

10. Interactions
    1. GAME LOUNGE STUDIOS is not responsible for any interactions between the Users and between the Users and third parties, in particular in relation to the User Content.
    2. GAME LOUNGE STUDIOS shall not be liable for Virtual Items, NFTs and other goods and services related to the Services acquired from an unauthorized source. Any such purchase or transaction the User makes on its own risk.
    3. Any agreement, including transfer, regarding NFT done without a specific authorization from GAME LOUNGE STIDIOS between the Users or between a User and a third party is being made at the sole risk of the parties to such agreement.
    4. If the User suspects unlawful, harmful or other improper activity of the other Users, the User shall notify GAME LOUNGE STUDIOS.

11. Infringement and termination
    1. In case the User infringes the Terms GAME LOUNGE STUDIOS may at its own discretion decide to modify, restrict, suspend or definitively terminate access to the Services and take any other actions – of technical or legal nature – allowed by applicable law regulations, in particular block the ability to view Virtual Items or NFT or block access to specific features of the Services. Such actions result in terminating or limiting the license to use the Services accordingly.
    2. GAME LOUNGE STUDIOS has the right to stop supporting or offering the Services at any time and for any reason, though it will make best efforts to notify this to the Users in good time.
    3. GAME LOUNGE STUDIOS has the right to delate any data it has concerning a given User – also the User Content – who was inactive for 180 days.
    4. GAME LOUNGE STUDIOS shall not be obliged to compensate the User for loss of any data, Virtual Items, NFTs and any other benefits or privileges relating to the Services due to GAME LOUNGE STUDIOS exercising its rights due to the User’s infringement of the Terms.

12. Limitation of liability
    1. GAME LOUNGE STUDIOS does not guarantee that the Services will be accessible for User at any time and location, is error-free or free of viruses or other harmful components. GAME LOUNGE STUDIOS cannot guarantee that the Services shall meet the User’s expectations.
    2. User acknowledges and agrees that all billing and transaction processes may be handled by relevant Platform operators, and are governed by such Platforms’ terms and conditions. If the User has any payment related issues, such User need to contact the relevant Platform operator directly. GAME LOUNGE STUDIOS shall not be a party to such an agreement between the User and Platform operator and shall not be liable for any obligations or damage arising thereof.
    3. In case of business Users, as far as it is permitted by law, GAME LOUNGE STUDIOS is not liable for any damages, including lost profits unless these damages arise from GAME LOUNGE STUDIOS’s gross negligence or willful misconduct.
    4. GAME LOUNGE STUDIOS shall not be liable for non- or mis-performance of its obligations due to reasons beyond GAME LOUNGE STUDIOS’ control, such as acts of God, labor disputes, utilities failures, disease outbreaks, natural disasters, riots, acts of orders of governments, acts of terrorism or war and other disturbances of similar nature.
    5. The User undertakes to indemnify and hold GAME LOUNGE STUDIOS (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claims, damages and other losses, including reasonable attorneys’ fees, resulting from the User’s breach of the Terms.
    6. This Terms does not affect any statutory rights of a consumer, which override the Terms.

13. Changes to the Service and Terms.
    1. To provide the Services’ proper performance, GAME LOUNGE STUDIOS can update the Services without prior notification. To continue using of the GAME LOUNGE STUDIOS’s Services the User must accept these updates, including updates of third parties’ software from time to time.
    2. GAME LOUNGE STUDIOS reserves the right to make changes to the Terms. The User shall be informed about the changes and GAME LOUNGE STUDIOS shall publish the current wording of the Terms with the date of amendments on https://theunbound.io/. The User can also be notified about the changes and their effective date via the Platform or Unbound.

14. Final provisions
    1. Any disputes arising from the Terms and the use of the Services shall be resolved by the competent courts having jurisdiction in Poland, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. The European Union citizens can bring an action before the court of their residence. Nevertheless, the Users are strongly encouraged to try to contact GAME LOUNGE STUDIOS first to find an amicable solutions.
    2. If any provision of this Terms shall be found ineffective on a given territory this does not affect other provisions and other territories.
    3. GAME LOUNGE STUDIOS may transfer any and all rights arising from the agreement with the User under the Terms, without limitations and without the User’s consent.
    4. If GAME LOUNGE STUDIOS fails or delays to enforce its rights, it shall not constitute a waiver of GAME LOUNGE STUDIOS' rights or claims. Any waiver on GAME LOUNGE STUDIOS’ part shall be made at least in electronic form and be applicable only within the limits specified expressly therein.
    5. GAME LOUNGE STUDIOS may notify the User via its website, through the Unbound, the User’s e-mail or using any other contact information provided by the User for this purpose.