Terms of Use

1. Acceptance of Terms

1.1 Introduction

The Decentraland Platform ("Decentraland Platform") is a community-driven virtual space supported by Decentraland Foundation (the "Foundation") and guided by its users through transparent governance.

The Foundation does not own or control Decentraland platform. Ownership and governance are decentralized and rest with the community through a decentralized autonomous organization (the "DAO").

For more information about the DAO, please visit https://dao.decentraland.org.

The Foundation, the DAO and any other entity related to each of the above shall be referred herein jointly as "Decentraland".

1.2 Services

The Foundation, acting for the benefit of the Decentraland community as a whole, holds the intellectual property rights over, and makes available, the following:

(a) Clients, -the software applications through which users access Decentraland, including:

• the DCL Client (original Web Client) and Desktop Client;
• The SDK 7.0, together with versions distributed through third party stores (such as the Epic Game Store, Google Play Store, Apple App Store, among others);
• The Bevy Client (*) accessible via browser at decentraland.zone/bevy-web;
• the Mobile Android Client (*) available via Google Play Store;
• the Mobile iOS Client (*), available via Apple App Store, and,
• any future Client or update developed by Decentraland.

All of the above, individually and collectively, are referred as the "Clients".

(b) Tools, -additional features and services made available by Decentraland, including the Marketplace (https://market.decentraland.org), the Builder, the Blog, Events, Agora, Forum, the Land Manager, the Command Line Interface, the DAO interface, the Developers' Hub, the Rewards tool, and any other features, tools and/or materials made available from time to time. These are collectively referred as the "Tools".

(c) the Site, the website located at https://decentraland.org (the "Site").

The Clients, the Tools and the Site are collectively referred as the "Services".

1.3 Agreement to these Terms

Please read these Terms of Use (the "Terms" or "Terms of Use") carefully before using the Services.

By accessing or using any of the Services, you confirm that you:

1. Accept and agree to be bound by these Terms;

2. Acknowledge that the Clients and the Tools are still in testing phase and that you use at your own risk, as further explained in Section 2 below;

3. Represent that you are old enough to use the Clients, the Tools and the Site pursuant to Sections 3 and 8 below;

4. Consent to the collection, use, disclosure, handling of information as described in the Privacy Policy, available here https://decentraland.org/privacy;

5. Accept and agree, the Content Policy, available here https://decentraland.org/content, and any additional terms and conditions of participation issued by the Foundation from time to time.

If you do not agree to the Terms, then you must not access or use the Services.

1.4 Free access

Funded through its endowment, the Foundation makes available the Services free of charge to enable interactions with the Decentraland platform.

Decentraland has no continuing obligation to operate the Services and may cease to operate one or more of the Clients, the Tools and/or the Site in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.

1.5 Open Source Software

With respect to the source code of the software of the Clients and the Tools that has been released under an open source license, such software code must be used in accordance with the applicable open source license terms and conditions as described in Section 13 below. Other similar tools might be developed in the future by the community or third parties.

2. Disclaimer and Modification of Terms of Use

The Services are provided on an "as is" and "as available" basis and may contain defects and software bugs. You are advised to safeguard important data, property and content, to use caution, and not to rely in any way on the correct or secure functionality or performance of the Tools.

Except for Section 18, providing for binding arbitration and waiver of class action rights, as detailed in Section 7, the Foundation reserves the right, at the sole discretion of the DAO, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Tools by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

3. Eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. Decentraland Platform is a global platform and by accessing the Services, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access such Services and Content and enter into arrangements as provided by the Tools. You further represent that you are otherwise legally permitted to use the Services in your jurisdiction including owning cryptographic tokens, and interacting with the Services or Content in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Decentraland is not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.

4. Account Access and Security

Access to the Services is provided via a third party private key manager selected by you (e.g., a Web3 Provider, Metamask, a USB interface for Ledger Wallet, the Mist browser, or other). Security and secure access to each account in the Services is provided solely by the third party private key manager you select to administer your private key. You and the third party private key manager you select are entirely responsible for security related to access of the Services and all information provided by you to such third party provider (including without limitation, email or phone number). Decentraland bear no responsibility for any breach of security or unauthorized access to your account (the "Account"). You are advised to: (a) avoid any use of the same password with your selected third party private key manager that you have ever used outside of the third party private key manager; and (b) keep your password and any related secret information secure and confidential and do not share them with anyone else.

You are solely responsible for all activities conducted through your Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, Decentraland may suspend or block your Account (or Accounts) as described in Section 15.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account. You acknowledge that in the event of any unauthorized use of or access to your Account, password or other breach of security, you accept that due to the nature of the Services and the platform itself, Decentraland will be unable to remedy any issues that arise.

Decentraland will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part.

Transactions that take place using the Tools are confirmed and managed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction using the Services.

5. Representations and Risks

5.1 Disclaimer

You acknowledge and agree that your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that Decentraland has no obligation to take any action regarding: which users gain access to or use the Services; what effects the Services may have on you; the LAND you own; how you may interpret or use the Tools; or what actions you may take or fail to take as a result of having been exposed to the Tools. You release Decentraland from all liability for your inability to access to the Services or any Content therein.

5.2 Sophistication and Risk of Cryptographic Systems

By utilizing the Services or interacting with the Tools or platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20), MANA (the ERC-20 token that allows users to claim parcels of LAND and trade with each other within Decentraland), LAND (the ERC-721 token, associating each LAND parcel's x and y coordinates with a definition of a parcel's 3D scene that makes up the larger metaverse) and blockchain-based software systems.

5.3 Risk of Regulatory Actions in One or More Jurisdictions

The Foundation, MANA, LAND and ETH could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Tools or Ethereum blockchain.

5.4 Risk of Weaknesses or Exploits in the Field of Cryptography

You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, cryptocurrencies and the Tools, which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Tools you acknowledge and agree to undertake these risks.

5.5 Use of Crypto Assets

Some Tools allow the use of MANA, ETH or other similar blockchain technologies. You acknowledge and agree that MANA, Ether and blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain.