TERM OF USE
1. Conditions
We launch AR applications, including games for mobile devices ("Apps"), and manage AR platforms
("Platform"). Please read this MIXR LTD user agreement of the Terms of Service and any applicable
Application manuals (the "", collectively the "Terms"), as the Terms define the rules for your use of
Applications and the Platform. The Terms also regulate your interaction with any sites owned or
operated by us (the "Sites"), the purchase of any MIXR LTD promotional products, participation in
face-to-face events and promotions of MIXR LTD (the "Events") and, more broadly, your use of any
MIXR LTD products and services (which together with the Applications and the Platform are
referred to as "Services").
Depending on your country of residence, special conditions may apply to you that differ from the
Conditions — read the corresponding section below.
These Terms are concluded between you and the company MIXR LTD., registered and allowed to
carry out activities according to the jurisdiction of the country of registration. In these Terms , MIXR
LTD. collectively referred to as "MIXR LTD" or "we".
By using the Services, you agree to these Terms and conditions. If you do not agree to these Terms,
you are not entitled to use the Services. MIXR LTD may make changes to these Terms at any time,
and if we do so, we will notify you by posting a new version of the Terms on the Website or in the
App. It is important that you familiarize yourself with any modified version of the Terms before
continuing to use the Services. If you continue using the Services, you will be bound by the Terms
in the new edition. If you do not agree to the amended Terms, you cannot use the Services.
SECTION 13 "DISPUTE RESOLUTION" CONTAINS A BINDING ARBITRATION AGREEMENT AND A
WAIVER OF THE RIGHT TO A CLASS ACTION, WHICH AFFECTS YOUR LEGAL RIGHTS. If you are a
user from a country of the European Economic Area ("EEA") or another country that does not allow
the inclusion of such an arbitration agreement, section 13 does not apply to you.
If you violate these Terms, we may take retaliatory measures against you, including, but not limited
to, the cancellation of your account. You acknowledge that MIXR LTD is not obliged and will not
reimburse you for using the Services that you will lose access to as a result of the suspension or can-
cellation of your account by us.
2. Personal data protection
Our Services are designed so that you can interact in shared game worlds in interaction with the
real environment. To ensure the operation of the Services, we need information about you, which
we will use only if there are legitimate reasons for this. In order to understand what information we
collect, how we use it and what choices you have when using our Services, please review our.
3. Services usage
3.1. Cheating
MIXR LTD prohibits gaming fraud — "cheating", and we regularly take actions to improve our
anti-cheating measures. Cheating refers to any actions that are aimed at changing or violating the
normal operation or rules of the Services that really affect their work. Cheating includes, but is not
limited to, the following actions performed on your behalf or on behalf of others:
participation in the game using multiple accounts for one Service;
sharing accounts;
using automated software (e.g. bots, scripts) during the game
using any means of changing or falsifying the location of the device (for example, cheating ("spoof-
ing") GPS systems);
selling accounts or trading them;
any other activity beyond the regular use of the Application.
If MIXR LTD establishes (or has good reason to suspect) that cheating actions are being carried out
from some device, the operation of Applications on such a device may be blocked, and MIXR LTD
will not support players caught trying to cheat. You agree that MIXR LTD may use any legal ways
to detect the facts of cheating, fraud and other actions prohibited by these Terms and Conditions,
and to take retaliatory actions in case of detection of such facts, including checking your device for
the presence of means of exploiting vulnerabilities (exploit programs) or hacker and (or) other
unauthorized programs. For more information, see our.
3.2. Safety and appropriateness of use
Using our Services, do not forget about others, play and communicate in compliance with security
measures. You agree that you use the Services at your own risk, that you will not use the Services
to violate any applicable laws, regulations, event rules or instructions specified in these Terms, and
will not encourage any other persons to take such actions or provide them with the opportunity to
commit such actions.
You also agree not to post any illegal, inappropriate or commercial Content (as defined below)
when using the Services. You agree not to report inaccurate, misleading or inappropriate Content,
including when reporting or editing data or sending requests for data deletion.
MIXR LTD does not consider Apps as medical devices or medical consulting tools.
3.3. Your interaction with other people
You agree to maintain safe and proper relationships with other players and with other people from
the real world during the use of the Services. You will not harass, threaten or otherwise violate the
legal rights of others. You must not violate the boundaries of someone else's property or in any way
seek or obtain the right of access to any objects or to any places where you do not have the right
or permission to stay, and must not commit other actions that could cause harm to any persons,
cause the death of any person or damage property, cause concern or become grounds for bringing
to responsibility of any kind. If you have a dispute with any third party regarding your use of the
Services, you must protect MIXR LTD (and our officers, directors, representatives, our subsidiaries,
joint ventures and our employees) from liability for any claims and/or compensate them for all
property losses (direct and indirect) of any kind of nature, both known and unknown, presumed
and unprovoked, disclosed and undisclosed, which will arise from such a dispute or in any way be
related to it.
3.4. The right to participate and register accounts
If you want to use any specific Services, you need to create an account — account ("Account"). You
also need to have a supported smartphone with the ability to access the Internet. We do not
service devices with changed root access or hacked devices.
You can create an Account using (a) our registration system or (b) use another third-party account
of your choice supported by us on the account creation page in the App.
You agree not to disclose your Account password to anyone and undertake to notify us immediate-
ly in case of any unauthorized use of your Account. MIXR LTD takes its security obligations serious-
ly; however, you are responsible for all actions performed using your Account, both with or without
your knowledge.
3.5. Suspension or deletion of the Account
We may suspend or terminate your access to the Services and your rights to use the Services at any
time and without notifying you, including in the following cases: (a) your violation of these Terms
and conditions; (b) if we suspect fraud or cheating on your part or if you use the Content or Services
for other purposes; or (c) if we suspect any other illegal activity using your Account. If your Account
remains inactive (not in use, and no one logs on to it) for some time, we will notify you through the
Services or the App before deleting your Account.
You can delete your Account at any time by sending request to our support. Upon termination of
access to any Services or deletion of your Account, the following provisions of these Terms will
remain in effect: Content Rights, Rights Granted by You, Disclaimer of Warranties, Indemnification,
Limitation of Liability, Dispute Resolution, General Terms and this Offer.
3.6. Who can use our Services
Unless otherwise specified for a particular Service, kids are not allowed to use the Services. A "kid"
("child") is a person (a) who has not reached the age of 13 or the age from which consent to the
processing of personal data can be provided (for residents of countries outside the EEA, except the
Republic of Korea); (b) who has not reached the age of 16 or the age from which consent can be
provided to process personal data in one’s country of residence (for residents of the EEA); or (c)
under the age of 14 (for residents of the Republic of Korea). The contains information about age
restrictions for each of our Apps.
In order for a Kid to gain access to Services that allow kids to participate, the verified consent of the
Child's parents or official guardians ("Parents") must be provided. Parents can provide and verify
their consent via info@metatrace.me or other third-party authorized provider, which can be
accessed through the Service. In cases where parental consent is required, MIXR LTD recommends
that Parents monitor the Kid's online activity and use of the Service.
Purchases through the Services can only be made by Account holders who either (a) have already
reached the age at which they are entitled to enter into transactions in their country of residence;
or (b) have not yet reached that age, but have received Parental consent to use the Services.
Parents can set the App settings in a way that allows them to restrict purchases made through the
App by their Kid, and they should monitor the activity in their Kid's Account, including purchases of
Virtual Goods.
3.7. MIXR LTD does not provide you cryptocurrency exchange services or custodian services.
To interact with certain Applications, you should use a third-parties software, allowing you to inter-
act with the blockchains. Please note MIXR LTD that the use of this third-parties software is on your
risk and MIXR LTD will never be responsible for the actions of third-parties.
3.8. NFT Marketplace.
MIXR LTD while operating as NFT Marketplace, the present terms are applicable. Marketplace does
not provide any financial advice. None of the information that Marketplace provides on the Mar-
ketplace Platform or the websites should be regarded as "investment advice" or "recommenda-
tion" regarding a course of action, including without limitation, as those terms are used in any appli-
cable law or regulations. Information provided on the Marketplace Platform or the websites as well
as the social media of the Marketplace and its representatives is provided with the understanding
that (1) Marketplace is not acting in a fiduciary or advisory capacity under any contract with you, or
any applicable law or regulation, (2) you will make your own independent decision with respect to
any course of action in connection herewith as to whether such course of action is appropriate or
proper based on your own judgment and your specific circumstances and objectives, (3) you are
capable of understanding and assessing the merits of a course of action and evaluating investment
risks independently.
Marketplace does not purport to and does not, in any fashion, provide tax, accounting, actuarial,
recordkeeping, legal, broker/dealer or any related services. You should consult your own advisors
with respect to these areas and any material with regards to investment decisions. You may not
rely on the material contained herein. Marketplace shall not have any liability for any damages of
any kind whatsoever relating to this material.
You are solely responsible for determining what, if any, taxes apply to your transactions. Market-
place is not responsible for determining the taxes that apply to your NFTs.
Marketplace is not a financial institution and is not licensed by or under the supervision of any
financial supervisory authority and does not provide any licensed financial services such as invest-
ment services, capital raising, fund management, management of a collective investment scheme
or investment advice.
The website is provided "as is" and on an "as available" basis and we give no warranty that it will be
free from defects and/or faults. We make no warranty or representation (express or implied) that
it will be fit for any particular purposes, that it will not infringe the rights of third parties, that it will
be compatible with all systems, that it will be secure or that all information provided will be contin-
uous, uninterrupted, timely, accurate or error free. Marketplace reserves the right to change any
and all content on the Marketplace Platform and on the websites and any Services offered at any
time without notice. Reference to any products, services, processes or other information by trade-
mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof, or any affiliation with Marketplace (unless so expressly stated to be
so).
The Marketplace Platform and the websites may be temporarily unavailable from time to time for
maintenance or other reasons. We assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or destruc-
tion or unauthorized access to, or alteration of your communications.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIXR LTD REFUSES TO ACCEPT ANY
RESPONSIBILITY FOR ANY ACTIONS PERFORMED BY A KID ("CHILD") WITHOUT PARENTAL PER-
MISSION. IF YOU ARE A PARENT AND PROVIDE YOUR PERMISSION TO REGISTRATION (SIGN
UP/LOGIN) YOUR KID IN ONE OR MORE SERVICES, YOU THEREBY AGREE TO THE TERMS GOV-
ERNING THE USE OF THE SERVICES BY YOUR KID.
4. Limited License
Subject to your compliance with these Terms and conditions, MIXR LTD grants you a limited
non-exclusive license (without the right to transfer and grant sublicenses) to download and install
a copy of the Applications on a mobile device and run such copies of the Applications solely for
your own personal non-commercial purposes. Unless expressly permitted by these Terms or appli-
cable law, you may not: (a) copy, modify the Applications or create derivative works based on
them; (b) distribute, transfer Applications, sublicense Applications, lease, temporary use or rent
them to third parties; (c) restore the source code of Applications by decompiling or disassembling
them, or (d) provide access to Application functions to multiple users by any means. MIXR LTD
reserves all rights to the Applications not expressly granted to you by these Terms.
5. Content and content rights
Subject to your compliance with these Terms, MIXR LTD grants you a personal, non-commercial,
non-exclusive, limited license with the right to revoke and without the right to transfer and grant
sublicenses to download, view, demonstrate and use Content exclusively for the types of use
permitted to you within the Service. "Content" means texts, computer programs, scripts, graphic
materials, photographs, sound, music, video materials, audiovisual works, messages, interactive
functions, copyrighted works of any kind and informational or other materials that are created,
transmitted or otherwise made available through the Services, including User Content. "User Con-
tent" ("User-generated Content") means any Content that a user of the Service makes available
through the Service.
5.1. Content Rights
MIXR LTD does not claim any ownership rights to User Content, and nothing in these Terms limits
your rights to use its User Content. Subject to the foregoing, exclusive rights, other proprietary and
non-proprietary rights to the Services and Content, including all related intellectual property rights,
belong exclusively to MIXR LTD and its licensors. You acknowledge that the Services and Content
are protected by copyright, trademark and other laws of the United States of America and other
countries. You agree not to remove, modify or conceal any copyright, trademark or service mark
notices or any other proprietary notices included in or accompanying the Services or Content.
5.2. Rights granted by you
By providing access to any User Content through the Services, you grant MIXR LTD a non-exclu-
sive, transferable and sublicensed, worldwide, royalty-free, perpetual license (or, if not permitted
by applicable law, a license for the entire duration of exclusive rights under any applicable law,
including any of its extensions) for use, copying, modification, use as a basis for the creation of
derivative works, public demonstration, public performance, advertising, promotion and distribu-
tion of your User Content in connection with the operation of the Services and the provision of
Content to you and any third parties. By agreeing to these Terms, you authorize MIXR LTD to freely
benefit from the above rights, including, but not limited to:
reproduce User Content by any means and in any form;
to broadcast publicly or to provide access to User Content (or any product containing User Con-
tent) for a fee or free of charge in all places, by any means and by any means that are known or
unknown at the moment, in particular, via the Internet, with pay-per-view, with payment for the
game, in the format of art or television broadcasting, on DVD and in printed form;
use User Content to demonstrate, promote and advertise all MIXR LTD Services;
to produce or order the production of any new products or services from User Content or from any
product containing or using User Content reproduced in its original form or modified at the discre-
tion of MIXR LTD or any other person at the choice of MIXR LTD.
You are solely responsible for all your User Content. You represent and warrant that you have
exclusive rights with respect to your User Content or have all the rights necessary to grant us
license rights to your User Content under these Terms. You also represent and warrant that neither
your User Content, nor your use and provision of your User Content through the Services, nor any
use of your User Content by MIXR LTD on the Services or through the Services will violate the intel-
lectual property rights of third parties, their rights to publicity or confidentiality and will not cause
a violation applicable legislation. To the extent permitted by applicable law, you also agree not to
exercise your personal non-proprietary rights (or equivalent rights under applicable law), such as
your right to be identified as the author of any User Content, in relation to MIXR LTD or any third
party that MIXR LTD specifies.
5.3. In-game exchange
In a number of Applications, Account holders are allowed to capture virtual objects during the
game, including, but not limited to, game characters and other objects ("In-game Exchange
Objects"), and exchange them. Unlike Virtual Money and Virtual Goods, in-game exchange objects
are obtained by participants during the game at no additional cost. In-game Exchange Objects con-
stitute a category of Content, and You acknowledge that you do not acquire any ownership rights
to In-game Exchange Objects and that In-game Exchange Objects do not have monetary value.
In-game exchange Objects can be exchanged with other Account holders for other in-game
Exchange Objects, but In-game exchange Objects cannot be sold, alienated or exchanged for Virtu-
al Money, Virtual Goods, real goods, real money or real services, or for any other counter provision
from our or someone else's side.
You agree that the Objects of in-game exchange can be obtained by you only from other Account
holders and with the help of funds provided by MIXR LTD, and not through some third-party plat-
form, some intermediaries or other mechanisms, unless special permission is granted. Any such
sale, alienation or exchange operations (as well as any attempts to do so) are prohibited, and their
commission may become the basis for deleting your Account or canceling such in-game Exchange
Objects. All in-game exchange Objects and other Content elements are provided "as is", without
any guarantees, except in situations where this is prohibited by applicable law.
5.4. Feedback
You can send feedback, comments and suggestions for improving the Services ("Feedback") by
contacting us via social networks or through support channels. Feedback is a form of User-generat-
ed Content.
5.5. Policy of compliance with the Law on Copyright Protection in the Digital Age and Other copy-
right legislation
MIXR LTD complies with copyright laws and expects users to comply with them. MIXR LTD
adheres to the policy of deleting, in appropriate circumstances, the Accounts of those users who
violate or may violate the copyright of the copyright holders. For more information, see the MIXR
LTD .
6. Code of conduct, general prohibitions, rights of control by MIXR LTD
You agree that you are personally responsible for your behavior and your User Content when using
the Services, as well as for all consequences of your actions. In addition, you agree not to perform
the following actions, unless the applicable law imperatively requires you to be granted the right to
perform them:
to collect and store information about other users on the Services that allows you to establish their
identity, and to share such information without their express consent;
extract, collect or index individual elements of Services or Content (including user information or
game scenarios);
use the Services or Content or any part thereof for any commercial purposes or in a manner not
permitted by these Terms, including, but not limited to, (a) collecting objects or resources embed-
ded in the Apps for sale outside the Apps, (b) providing services in the Apps in exchange for pay-
ment outside the Apps, or (c) the sale, resale or rental of Apps or your Account;
attempt to access the Services or Content or search through the Services or Content or download
Content from the Services using technologies or means other than those provided by MIXR LTD or
other publicly available third-party browsers (including, without limitation, automation programs,
bots, robot search programs, data mining tools or various kinds of hacking tools, agents, engines
and devices);
attempt to decrypt, decompile, disassemble or otherwise open the software used for the operation
of the Services and the transmission of Content;
circumvent, eliminate, deactivate, descramble or otherwise overcome any technical means that
MIXR LTD or any MIXR LTD contractors or other third parties (including other users) use to protect
the Services or Content;
use, demonstrate, copy or display the Services or any of their individual elements, the name of
MIXR LTD, any trademarks, logos of MIXR LTD or other information that is the property of MIXR
LTD, or the markup and design of any page or any Application in the absence of the express written
consent of MIXR LTD;
post, publish, communicate or transmit any Content that violates, misuses or infringes on any
patent rights, copyrights, trademark rights, trade secrets, personal non-property rights or other
intellectual property rights or rights to publicity or confidentiality of any third-party;
to gain access to non-public sections of Services, MIXR LTD computer systems or technical means
of delivery of MIXR LTD providers, hack their protection or use them;
try to find vulnerabilities in any MIXR LTD systems or networks or Services, hack information secu-
rity systems or authentication tools;
use meta tags or other types of hidden text or metadata that contain trademarks, logos, URLs or
product names of MIXR LTD, without the express written consent of MIXR LTD;
forge any TCP/IP packet headers or any part of the header information in any e-mail messages or
posts in thematic conferences or in any way use Services or Content to send information with a
modified, misleading or false indication of the source of the information;
interfere with or attempt to interfere with any user's access to the host or network, including, but
not limited to, by introducing a virus, provoking overload, overflow, spam mailings or other mail
attack on the Services;
delete, hide or in any way change any attribution (copyright), warnings or links in the Services or
Content;
violate any applicable laws or regulations;
incite someone to commit or give someone the opportunity to commit any of the above actions.
MIXR LTD is not obliged to monitor access to or use of the Services or Content, or to check, or edit
any Content, we have the right to do so in order to ensure the normal operation of the Services,
compliance with these Terms, as well as all applicable laws and other regulatory requirements. We
reserve the right to remove any Content or block access to any Content at any time and without
prior notice. MIXR LTD may remove any Content that we deem questionable or in violation of
these Terms. We have the right to conduct checks on violations of these Terms or actions affecting
the Services. We can also contact law enforcement agencies and assist them in bringing to justice
users and other persons who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE OPERATION OF THE SERVICES,
INCLUDING, BUT NOT LIMITED TO, TO ENDANGER THE LEGITIMATE OPERATION OF ANY SITE
OR APPLICATION OR TO USE THE SITES OR APPLICATIONS FOR YOUR OWN PURPOSES IS A VIO-
LATION OF THE MIXR LTD USER AGREEMENT OF THE TERMS OF SERVICE AND MAY BE QUALI-
FIED AS A VIOLATION OF THE LAW, ENTAILING CRIMINAL AND CIVIL LIABILITY.
7. Participation in Events
7.1. Registration and Event tickets
The term "Events" means any personal meetings, meetings, actions, etc., organized, hosted or
managed by MIXR LTD, as well as any Promotions (defined below). By registering or, when
required, purchasing tickets for an Event, you represent and guarantee that the information you
provide is reliable and accurate. If you register or purchase tickets on behalf of others, you repre-
sent and warrant that you have all the rights and consents necessary to register and communicate
this information for others.
Taking into account the norms of the current legislation and the exceptions provided for in these
Terms, tickets for Events are not subject to refund or exchange and cannot be transferred to other
persons. To gain access to the Event, a reasonably acceptable identity document may be required,
for example, a driver's license or passport with the name and surname in the form in which they
were indicated when submitting a preliminary application for participation. Resale or attempt to
resell tickets entails their cancellation without refund of the ticket price. Tickets received from
unauthorized suppliers may be invalid, lost, stolen or counterfeit and will not be accepted. Lost,
stolen or destroyed tickets cannot be replaced. Commercial use of tickets is prohibited without the
written consent of MIXR LTD, Tickets cannot be returned either for cash or with funds offset
against future purchases. You agree to comply with any published restrictions on the number of
tickets; Any orders that exceed or violate such restrictions will be canceled without notice and
refund. The number of seats and/or tickets for Events may be limited, and MIXR LTD does not
guarantee you the opportunity to purchase a ticket or attend an Event.
Unless prohibited by applicable law, by your presence at the Event, you confirm the right of MIXR
LTD to use your data received from you in accordance with the to communicate information about
the Event (in person and on the Internet), including to contact you and inform you of new data
about the Event, sending you by mail necessary materials (for example, an identification bracelet
with a QR code), emergency alerts or adverse weather conditions, or publicly available ratings of
leaders of Events and gaming competitions.
7.2. Rules of conduct at Events
You must always comply with all applicable laws and all rules and regulations established by MIXR
LTD or any other authorized person involved in the creation, or conduct of the Event, including all
health and safety requirements and regulations and all reasonable instructions from the staff of the
venue and representatives of MIXR LTD at the Event. As a condition of your participation, you
agree to comply with all Site policies, including, but not limited to, any site of the relevant Event.
Illegal narcotic drugs, substances not subject to free circulation, contraband goods, weapons and
illegal items are prohibited at the Events. You agree to reasonable precautions and a personal
search at the entrance. To the maximum extent permitted by applicable law, you waive your claims
against MIXR LTD or any third party involved in the organization, or holding of the Event, and
release them from liability for all claims, claims, grounds for claims, for all damages, losses, expens-
es and from any obligations that may arise as a result such precautions and (or) personal inspection
or in connection with them. If you decide not to agree to such precautions and body searches, you
may be denied access to the Event or you may be removed from the Event without the right to a
refund and payment of other compensation.
MIXR LTD and its authorized third parties reserve the right to deny access to the Event or remove
from the Event without refund and payment of other compensation any person who (a) does not
comply with these Terms, (b) violates public order or intentionally commits illegal actions, or (c) in
the opinion of MIXR LTD or authorized the use of third parties has a negative impact on the Event,
participants, spectators and/or staff.
Minors are allowed to attend Events only if they are accompanied by their Parents.
7.3. Risk taking
Unless prohibited by applicable law, you agree that by purchasing tickets to the Event, participating
in the Event or attending the Event, you voluntarily, consciously and voluntarily assume all risks
arising before, during and after the Event, including the risk of injury for any reason and the risks of
damage, death or theft of property. You acknowledge that Events and individual actions at Events
involve inherent and unforeseen risks, including risks of (a) contact or collision with persons or
objects, (b) obstacles (such as natural and artificial reservoirs, road and ground hazards), (c) associ-
ated with equipment (for example, broken, defective or unsuitable equipment, unforeseen equip-
ment failures), (d) weather-related, (e) inadequacy of emergency measures and (or) contingency
plans, (f) related to judging and/or behavior (for example, eccentric or inappropriate actions of
participants or spectators or judging by staff at the Event) and (g) natural causes (uneven or
impassable surface, wild animals and insects, contact with plants). You agree to take reasonable
precautions before taking part in the Event and its activities, for example, seek the advice of your
doctor, and make sure that you are in good physical shape, properly dressed and have the neces-
sary or recommended equipment with you. You also understand and acknowledge that you are
responsible for studying the venue, facilities, equipment of the Event and the territories where it
will be held, and that by participating in the Event you confirm the safety, adequacy and suitability
of such facilities, equipment and territories for your participation in the Event. If you become suspi-
cious or become aware of any unsafe factors or unreasonable risks, you agree to immediately
notify the competent staff and terminate your participation in the Event.
To the extent permitted by applicable law, you hereby waive your claims against MIXR LTD or any
third party involved in organizing or conducting the Event, and release them from liability for all
claims, claims, grounds for claims, for all damages, losses, expenses and from any obligations that
may arise from or as a result of or in any way with respect to your attendance at or participation in
the Event, including liability for negligence, inherent and unforeseen risks, causing harm or damage
to persons or property and for the actions of third parties or participants of the Event and specta-
tors.
7.4. Event Features and/or Event cancellation
To the extent permitted by applicable law, any time frames of Events, features of interactive or
in-game reality, actions, goods, services, privileges, objects, prizes and/or Content (collectively,
"Event Features") that are advertised in connection with the Event are not guaranteed and they
may be at any time prior to or changed and/or canceled during the Event without any warnings and
compensation. Admission to the Event does not guarantee any specific characteristics of the
Events during its holding.
The date, time and/or venue of the Event may change at any time, and MIXR LTD will make com-
mercially reasonable efforts to notify you in advance of any significant changes. In case of cancella-
tion, suspension or postponement of the Event, when you are unable to attend the postponed
Event, you will not be entitled to any additional compensation in addition to the refund of the ticket
price at its face value, and neither MIXR LTD nor any third parties will have any obligations to you
on payment of some kind of compensation. You will pay for all travel and accommodation expens-
es incurred by you yourself.
7.5. Recording and using Your image
You express your consent and approval for the recording by MIXR LTD of your image, likeness,
name, conversations, biographical information, individual characteristics and voice at Events and
for the gratuitous use of such information under the conditions set out above in the section "Rights
Granted by You". MIXR LTD may publish the results of any competitions (including any ratings and
the identities of any winners), game statistics and images of participants in its promotional materi-
als and social networks in accordance with these Terms.
8. Lotteries, contests, sweepstakes, surveys and similar promotions
MIXR LTD and/or its partners may periodically organize lotteries, contests, sweepstakes, surveys,
games and similar promotions to promote the Services ("Promotions"). In addition to these Terms
and Conditions, Promotions will be subject to special conditions that will be communicated to you
at the beginning of a specific Promotion (the "Terms of the Promotion"). By participating in the Pro-
motion, you are subject to the relevant Terms of the Promotion. All Terms of Promotions are
included in these Terms, may differ from them and take precedence over these Terms. MIXR LTD
strongly recommends that you familiarize yourself with the Terms of Promotions. Any information
you provide in connection with such Promotions, in addition to these Terms and any Terms of Pro-
motions, is subject to our.
9. Beta Testing
MIXR LTD may provide you with access to some mobile applications prior to their official release
("Beta") and offer to participate in their testing and share the results of Beta testing within the
framework of the beta testing program of new applications conducted by MIXR LTD ("Beta Testing
Program").
This section applies only to closed Beta Testing Programs in which MIXR LTD provides private
access only to selected testers. This section does not apply to testing of open Beta versions that
MIXR LTD makes publicly available in the app store.
You acknowledge that any functionality of the products or their content, game documentation,
promotional materials and/or any other information that MIXR LTD may provide to you in connec-
tion with the Beta Testing Program ("Testing Materials"), the Beta Versions themselves, as well as
everything related to the Beta Program-testing, are the exclusive property of MIXR LTD and are
confidential and that they should be treated as confidential information until the official release.
If MIXR LTD offers you access to the Beta Version, then, subject to your compliance with these
Terms, MIXR LTD grants you a personal non-exclusive limited license with the right of revocation
and without the right of transfer to use the Beta version solely for testing and providing feedback
on the Beta version as part of the Beta Testing Program.
Without limiting the foregoing and except as provided by applicable law, you are prohibited from:
copy, modify the Beta version or create derivative works based on it;
transfer or sell the Beta version to someone;
open, decompile, disassemble, decrypt the Beta version and otherwise attempt to restore the Beta
source code;
install the Beta version on systems that are not under your direct control or used by you jointly with
others;
discuss Beta versions with anyone outside MIXR LTD or demonstrate them to such persons;
post information about the Beta version in blogs, tweets and other publicly available formats;
take screenshots, photos, videos or audio recordings of Beta versions in the absence of written
permission from MIXR LTD;
provide access to Beta Reviews (as this term is defined below) to any third parties without obtain-
ing prior written consent from MIXR LTD.
Caution should be exercised when using the Beta version in public places. Don't let anyone see,
hear, videotape or photograph the Beta versions. Immediately notify MIXR LTD of any unautho-
rized access to your Account and of any suspicion of an attempt to hack it.
MIXR LTD may collect your comments, suggestions and feedback about the Beta Version, and may
also monitor how you use the Beta Version using analytical tools and in accordance with the MIXR
LTD, all such comments, suggestions, feedback and analytical data (collectively referred to as "Beta
Feedback") are the exclusive property of MIXR LTD.
You understand and agree that participation in the Beta Testing Program is voluntary and does not
create a legally significant partnership, agency or employment relationship between you and MIXR
LTD, and you will not receive any remuneration for your participation or for any Feedback about
the Beta Version.
Unless prohibited by applicable law, all Testing Materials are provided to you "as is", without any
express or implicit guarantees. You understand that Beta versions of programs are under develop-
ment and may contain errors, bugs and other problems that may cause data loss and/or system
malfunction. You should install Beta versions on devices that are not your main working devices,
are not critical for business and are backed up. Unless prohibited by applicable law, MIXR LTD is in
no way responsible for any damage that may be caused to you as a result of your participation in
the Beta Testing Program.
You agree that your breach of your confidentiality obligation will cause irreparable harm to MIXR
LTD, the extent of which will be difficult to assess, and that monetary damages will not be an ade-
quate remedy for the rights of MIXR LTD in this case. Accordingly, you agree that if you violate your
confidentiality obligation, MIXR LTD will have the right to seek an injunction and other interim
measures that the court deems appropriate, in addition to any other remedies that MIXR LTD may
have at its disposal.
10. Third-party websites and resources
The Services may contain links to third-party websites or resources. MIXR LTD inserts such links
solely for the convenience of users and is not responsible for the content of such sites and resourc-
es, for products or services available on such sites and resources and for links displayed on such
sites. To the extent permitted by applicable law, you acknowledge that you are solely responsible
and assume all risks arising from your use of any third-party sites and resources.
MIXR LTD is not responsible for the availability or quality of third-party services, including cellular
networks, access points, wireless Internet and other services. Such third-party services may affect
your ability to use the Services or participate in Events, and you hereby waive your claims against
MIXR LTD or any third party involved in the creation and operation of the Services, and release
them from liability for all claims, claims, claims, all damages, damages, expenses and from any obli-
gations that may arise as a result of the use or in connection with the use of such third-party
services.
11. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVID-
ED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE
EXPRESSLY DECLARE THAT THERE ARE NO GUARANTEES ON OUR PART REGARDING COM-
MERCIAL VALUE, SUITABILITY FOR INTENDED USE, UNHINDERED USE OR PATENT PURITY, AS
WELL AS ANY OTHER GUARANTEES ARISING FROM CUSTOMS OR BUSINESS PRACTICES. WE DO
NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS OR WILL WORK SMOOTHLY,
SAFELY OR ERROR-FREE. WE DO NOT GIVE ANY GUARANTEES REGARDING THE QUALITY,
ACCURACY, RELEVANCE, RELIABILITY, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR VIRTUAL OR REAL COMMUNICATION AND
INTERACTION WITH OTHER USERS OF THE SERVICES AND OTHER PERSONS WITH WHOM YOU
CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND
THAT NIANTIC DOES NOT VERIFY THE BACKGROUND OF ANY USERS OF THE SERVICES AND IS
NOT INTERESTED IN IT. MIXR LTD DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES
REGARDING THE BEHAVIOR OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE
PRECAUTIONS WHEN COMMUNICATING AND INTERACTING WITH OTHER USERS OF THE SER-
VICES AND OTHER PERSONS WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR
USE OF THE SERVICES, IN PARTICULAR IF YOU DECIDE TO MEET THEM IN THE REAL WORLD OR
IN PERSON.
12. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MIXR LTD NOR ANY OTHER
PERSON INVOLVED IN THE CREATION, PRODUCTION OR PROVISION OF SERVICES OR CONTENT
WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, PUNITIVE OR
INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOSS DATA OR REPUTATION DAMAGE, OUT-
AGES, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF PAYING FOR REPLACEMENT
SERVICES, WHICH ARISE FROM THESE TERMS OR IN CONNECTION WITH THEM OR AS A RESULT
OF THE USE OR INABILITY TO USE THE SERVICES OR CONTENT OR AS A RESULT OF ANY COM-
MUNICATION, INTERACTION OR ANY MEETINGS WITH OTHER USERS OR OTHER PERSONS
WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES,
REGARDLESS OF ON WHAT BASIS SUCH DAMAGES ARE CLAIMED – BREACH OF WARRANTY OR
CONTRACT OR DUE TO TORT (INCLUDING NEGLIGENCE), MANUFACTURER'S LIABILITY OR
OTHER LEGAL CONCEPT, AND REGARDLESS OF WHETHER OR NOT MIXR LTD HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF IT IS DETERMINED THAT THE LIM-
ITED SCOPE OF REMEDIES PROVIDED FOR IN THIS AGREEMENT HAS NOT ACHIEVED ITS MAIN
PURPOSE. IN SOME COUNTRIES, IT IS PROHIBITED TO EXCLUDE OR LIMIT LIABILITY FOR INDI-
RECT OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY IN SUCH COUNTRIES
SHOULD APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE AMOUNT OF LIABILITY OF
MIXR LTD ARISING FROM THESE TERMS OR IN CONNECTION WITH THEM OR IN CONNECTION
WITH THE EVENT OR AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR CON-
TENT, UNDER NO CIRCUMSTANCES SHOULD EXCEED 1000 (ONE THOUSAND) US DOLLARS OR,
IF THE AGREEMENT CONCLUDED WITH THE COMPANY MIXR INTERNATIONAL LTD., 1000 (ONE
THOUSAND) POUNDS. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE THE
BASIC ELEMENTS OF THE PRINCIPLES ON WHICH THE AGREEMENT BETWEEN YOU AND MIXR
LTD IS BASED.
13. Dispute Resolution
YOU AGREE THAT DISPUTES BETWEEN YOU AND MIXR LTD WILL BE RESOLVED IN BINDING
INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICI-
PATE AS A CO-PLAINTIFF OR PARTICIPANT IN A CLASS ACTION IN ANY CLASS ACTION OR
OTHER PROCEDURAL ACTIONS THROUGH A REPRESENTATIVE.
THIS RESERVATION IS NOT VALID: (1) IF YOU ARE A RESIDENT OF THE EEA OR ANY JURISDIC-
TION THAT DOES NOT ALLOW SUCH AN ARBITRATION AGREEMENT, (2) IF YOU DECIDE TO OPT
OUT OF ARBITRATION AS DESCRIBED BELOW IN THE "ARBITRATION" SECTION, OR (3) IN
RESPECT OF CERTAIN TYPES OF DISPUTES LISTED BELOW IN THE "ARBITRATION" SECTION.
13.1. Arbitration
If you reside in the United States or another country where an arbitration clause is allowed in the
relationship with you, you agree with MIXR LTD that any disputes between you will be resolved in
binding arbitration, with the exception that each party reserves the right to: (a) bring an individual
claim in court for (b) seek an injunction or other interim measures by a competent court to prevent
actual or potential infringement or illegal use of such party's copyrights, its rights to trademarks,
trade secrets, patents or other intellectual property rights (the actions described in this Part (b) are
referred to as "IP Protection Action"). Regardless of this arbitration agreement, MIXR LTD reserves
the right to apply to any competent court with a claim demanding to stop the intentional or mali-
cious use or violation by you (for example, in the form of hacking or falsifying your location) of the
intellectual property rights, products and Services of MIXR LTD and/or to recover compensation
from you for this.
Without limiting the provisions of the previous paragraph, you will also have the right to take any
other dispute to court if you send MIXR LTD a written notice of your intention to do so by e-mail to
info@metatrace.me within 30 (thirty) days after the date of your first consent to these Terms (such
notice is the "Arbitration Opt-out Notice"). If you do not notify MIXR LTD of the Refusal of arbitra-
tion within such a 30-day period, it will be considered that you knowingly and purposefully waived
your rights to apply to the court to resolve any dispute other than disputes expressly provided for
in subparagraphs (a) and (b) above. In addition, unless you agree otherwise in writing with MIXR
LTD, the arbitrator cannot combine the claims of several persons and cannot accept any class
actions or other forms of group claims through a representative. If such a waiver of the right to a
class action is found to be legally unenforceable, the parties' agreement on arbitration settlement
of disputes will be null and void. Except as provided in the previous sentence, this section "Dispute
Resolution" remains in force after any termination of these Terms. If the conditions of this clause
13.1. The "Arbitration" will be recognized as legally unenforceable in terms of any separate claim,
such a claim must be separated from the arbitration proceedings and declared in accordance with
paragraph 13.6 "Governing Law and the Exclusive Venue of judicial dispute resolution". All other
claims will be resolved by arbitration. The arbitrator, and not any court or office, has the exclusive
authority to (a) determine the scope and legal applicability of this arbitration agreement and (b)
resolve any dispute relating to its interpretation, applicability, enforceability or drafting, including
any claims of nullity or impugnability of the agreement or any or parts of it.
13.2. Arbitration Rules
The arbitration proceedings will be conducted under the auspices of the American Arbitration
Association ("AAA") in accordance with the Rules of Commercial Arbitration and additional proce-
dures for resolving disputes with Consumers ("AAA Rules") as amended at that time, but subject to
the changes made by this section "Dispute Resolution". (You can read the AAA Rules on the web-
site or by contacting AAA by phone 1-800-778-7879). The interpretation and application of this
section are governed by the U.S. Federal Arbitration Act.
13.3. Arbitration Process
A party intending to initiate arbitration proceedings is obliged to send a written Arbitration Request
to the other party, as required by the AAA Rules (AAA provides for a general Arbitration require-
ment). The sole arbitrator must be either a retired judge or a lawyer admitted to practice law,
whom the parties will select from the list of potential arbitrators provided by AAA. If the parties are
unable to agree on an arbitrator within 14 (fourteen) days after the award of the Arbitration Claim,
AAA will appoint an arbitrator in accordance with the AAA Rules.
13.4. Arbitration Location and Procedure
Unless otherwise agreed between you and MIXR LTD, the arbitration proceedings will be conduct-
ed in confidence in your country of permanent residence. If the amount of your claim does not
exceed $ 10,000, the arbitration proceedings will be conducted solely on the basis of documents
provided by you and MIXR LTD to the arbitrator, and other evidence (for example, affidavits) will
not need to be examined, unless the arbitrator decides that it is necessary to hold hearings. If the
amount of your claim exceeds $10,000, your right to a hearing will be determined by the AAA
Rules. Subject to the AAA Rules, the arbitrator may, at his discretion, require the parties to the
dispute to make a reasonable exchange of information, taking into account the expedited nature of
the arbitration procedure. Notwithstanding this right of the arbitrator, in the absence of compelling
reasons, under no circumstances are the parties allowed to attach more than three (3) of their
statements from each side to the case file, and combined statements of the type provided for in
section 30 (b) are not allowed(6) The Federal Code of Civil Procedure and paragraph 2025.230 of
the California Code of Civil Procedure.
13.5. The Decision of the Arbitrator
The arbitrator will make a decision within the time limits set by the AAA Rules. The decision of the
arbitrator will be subject to confidentiality, and it will contain the main results and conclusions on
the basis of which the arbitrator made his decision. Confirmation and enforcement of an arbitration
award may be carried out by any competent civil court. The arbitrator's decision regarding damag-
es must comply with the terms of section 12 "Limitation of liability" with respect to the types and
amounts of damage for which one or another party may be held liable. The arbitrator may make
decisions on the introduction of an injunction and the introduction of other interim measures only
in favor of the plaintiff and only if it is necessary to satisfy the requirements stated in the plaintiff's
individual claim. In the event of your winning the arbitration, you will be entitled to a refund for the
services and expenses of your lawyers to the extent that such compensation is provided for by
applicable law. MIXR LTD will not seek and hereby waives any rights to reimbursement of legal fees
and expenses that MIXR LTD may have under applicable law in the event of winning the arbitra-
tion.
13.6. Governing Law and the Exclusive Venue of judicial dispute resolution
If these Terms allow you or MIXR LTD to initiate legal proceedings in court in addition to claims in
small claims court, you and MIXR LTD agree to the exclusive jurisdiction of such disputes to state
and federal courts located in the Northern Judicial District of California. Each of the parties to these
Terms waives any rights of objection to the authority or location of such courts. These Terms and
your use of the Services are governed by the law of the State of California without regard to its con-
flict of laws rules. If you are a resident of the EEA or a country in which this clause is prohibited by
local law, this clause does not apply to you and does not deprive you of protection by the mandato-
ry provisions of your country's consumer protection legislation.
13.7. Arbitration Fees
Our obligations to pay any registration and administrative fees and arbitrator fees charged by AAA
are limited exclusively to the AAA Rules. However, if the amount of your claims for damages does
not exceed $75,000, MIXR LTD will pay all such fees, unless the arbitrator determines that your
claim or your claims stated in the Arbitration Claim were unfounded or had unfair purposes
(according to the standard established by article 11 (b) of the Federal Code of Civil Procedure).
13.8. Changing the Dispute Resolution procedure
Regardless of the provisions of the above section "Modification of the Terms or Services", in the
event that MIXR LTD changes this section "Dispute Resolution" after the date of your first consent
to these Terms (or your consent to any subsequent changes to these Terms) You have the right to
refuse to apply such changes by sending us a written notice (by e-mail to info@metatrace.me)
within 30 (thirty) days from the date of entry into force of such changes. The effective date of the
changes is indicated either as the "date of the last revision" at the beginning of the Terms, or in the
notification of MIXR LTD to your address about such changes. By refusing to accept any changes,
you agree that you will resolve through arbitration any dispute between you and MIXR LTD in
accordance with the provisions of this section "Dispute Resolution" as amended on the date of your
first consent to these Terms (or your consent to any subsequent changes to these Terms).
14. General provisions
14.1. Completeness of the Agreement
These Terms and Conditions contain the full and exclusive composition of the agreements and
agreements between MIXR LTD and you in relation to the Services and Content and supersede all
previous oral and written agreements or agreements between MIXR LTD and you in relation to the
Services and Content.
14.2. Severability of Provisions
If any provision of these Terms is found to be invalid or legally unenforceable, such provision will
be enforced to the maximum extent permissible, and the remaining provisions of these Terms will
remain in full force and effect. You may not assign or transfer rights and obligations under these
Terms by virtue of law or for other reasons without the prior written consent of MIXR LTD, any
attempt on your part to assign or transfer rights and obligations under the Terms without such con-
sent will be null and void. MIXR LTD has the right to freely assign or transfer rights and obligations
under these Terms without any restrictions and will not be jointly or severally liable as the assignor
or the transferring party. Subject to the foregoing, these Terms are concluded in the interests of
and will be binding on the parties, their legal successors and authorized assignees.
14.3. Force Majeure
Neither MIXR LTD, nor any user, nor any other person involved in the creation, production or provi-
sion of Services or Content, will be liable for any losses, injuries, non-fulfillment or delay in fulfilling
obligations caused by natural disasters, weather conditions, fire, flood, terrorist acts or military
actions, malfunction of satellite systems or communication networks, orders of authorities or
actions of state regulation, labor disputes or any other reasons beyond the control of such a person.
14.4. Notice
Any notices or other communications that MIXR LTD will send under these Terms, including those
relating to changes to these Terms, will be sent: (a) by email or (b) by posting on the Services. The
date of receipt of notifications sent by e-mail will be the date of transmission of such notification to
any e-mail address provided by you.
14.5. Waiver of the right
If MIXR LTD does not support any right under the established Conditions or does not enforce any
provision of the existing Conditions, this is not considered an indicator of MIXR LTD from such a
rule or provision. A response from any right or provision will be valid only if it is officially submitted
in writing for an additional fee to an additional company MIXR LTD, if they are acting bodies of
direct control, provides this or that support to the outside of any means of protection of rights
established by established installations, does not limit its other means of protection of rights under
established installations or for other reasons.
14.6. Contact Information
If you have any questions or other set terms or conditions, please contact MIXR LTD by email
info@metatrace.me or at the address: Francis House, room 303, Ile du Port, Mahe, Seychelles.
15. Purchases and refunds
15.1. Purchases and refunds
Please note, that after you download Virtual Goods from us, your right to such a refusal will cease.
You agree that (a) the purchase of Virtual Goods implies the immediate download of such Content
and (b) You will lose your right to opt out of the purchase as soon as your purchase is completed.
We reserve the right to control, regulate or withdraw from circulation any Virtual Goods without
incurring any liability to you.