Terms of Service

Last updated: 01/07/2024

These Terms of Service are subject to change.

In the MYTHDECK universe, players have the ability to possess digital vehicles, land, pets, mounts, and various in-game assets. These assets are issued as distinct non-fungible collectible tokens based on Ethereum Native Token NFTs or ERC-721 standards, or similar “non-fungible” token standards. These tokens can be traded directly among players in a peer-to-peer fashion, with each non-fungible token intricately linked to a unique Uniform Resource Identifier JSON file. This file contains essential metadata, including the name, description, or image file, securely stored on Arweave/IPFS or alternative storage networks. Additionally, these tokens are subject to specific usage terms related to the underlying intellectual property (“NFT”).

Larkena is the entity responsible for operating the MYTHDECK gaming platform, and throughout these Terms, references to “the Company,” “we,” or “us” pertain to Larkena. The MYTHDECK gaming platform is accessible to users via the https://mythdeck.com website, where users can actively engage with the platform. Collectively, the MYTHDECK gaming application, its associated Smart Contracts, and the website are herein referred to as the “App.” When utilizing the App, users can partake in gaming experiences, view their NFTs, interact with underlying Smart Contracts, and engage with fellow users within the immersive MYTHDECK gaming ecosystem.

Larkena is the entity that provides access to the App, Smart Contracts, and the Site. To use these services, you must agree to the Terms of Use and any additional terms and conditions incorporated by reference (collectively referred to as “Terms”). Please carefully review these Terms before utilizing the App, Smart Contracts, or the Site. These Terms govern your usage of the App, Smart Contracts, and the Site, unless a separate written agreement has been executed between you and Larkena for this purpose. We are willing to grant you access to the App, Smart Contracts, and the Site only if you accept all of these Terms.

By using any part of the App, Smart Contracts, the Site, or by indicating your acceptance through actions like clicking “I ACCEPT” in an adjoining box, you confirm your understanding and agreement to abide by these Terms. If you are accepting these Terms on behalf of a company or another legal entity, you assert that you possess the legal authority to accept these Terms on the entity’s behalf. In such cases, “you” will refer to the entity. If you lack such authority or do not accept all these Terms, we are unable to provide access to the App, Smart Contracts, or the Site. If you disagree with these Terms, you may not access or use the App, Smart Contracts, or the Site.

Supplementary terms and conditions or documents that may be posted on the Site or the App occasionally are explicitly integrated into these Terms by reference. We retain the right, at our sole discretion, to make alterations to the Terms periodically. We will notify you of any changes by updating the “Last Updated” date of these Terms. By continuing to use the Site, the App, and the Smart Contracts after such revised Terms are posted, you acknowledge and accept the changes, and you waive any right to receive specific notice of each change. It is your responsibility to review these Terms periodically to remain informed about updates.

1. THE APP

a. To ensure seamless usage of the App, it is advisable to begin by installing a web browser, such as Google Chrome, and an electronic wallet compatible with the Non-Fungible Token (NFT) standard on the respective Blockchain Network. Many Cardano-based wallets and the MetaMask electronic wallet, among others, are compatible with this standard. MetaMask and similar electronic wallets enable you to acquire, store, and conduct transactions using Ethereum cryptocurrency. Please note that transactions within the App can only be conducted through MetaMask or other browsers compatible with the relevant Blockchain Network.

b. Transactions facilitated by Smart Contracts are supervised and validated through the relevant Blockchain Network. It’s important to understand that your public address on the relevant Blockchain Network will become publicly visible whenever you engage in interactions with Smart Contracts or interact with the App.

c. We do not possess authority over MetaMask, Google Chrome, any electronic wallets, the relevant Blockchain Network, or any third-party sites, products, or services that you may access, visit, or utilize to enable the various features of the App. We shall not be held liable for the actions or omissions of such third parties, and we are not responsible for any damages you may incur as a result of your transactions or interactions with these third parties.

d. When you create an account for the App, it is essential to provide accurate and complete registration information. By creating an account, you commit to furnishing accurate, up-to-date, and comprehensive account information about yourself. Additionally, you agree to regularly maintain and update your account information as necessary. We reserve the right to remove, reclaim, or modify a username you select if, at our sole discretion, we determine that such a username is inappropriate, obscene, or otherwise objectionable. You are fully responsible for the security of your account, password, and your MetaMask wallet (as well as other wallets and accounts on the relevant Blockchain Network). Should you become aware of any unauthorized use of your password or account with us, please promptly notify us at legal@larkena.com.

2. MYTHDECK ECOSYSTEM GAMES

a. The MYTHDECK metaverse ecosystem encompasses a network of floating bubbles, zones, and domes that host virtual land, including Home Bubble, District Land Plots, and Custom Domes. These are immersive gaming environments where players can reside and exist as NFTs on the relevant blockchain network. Some domes feature curated content developed by the MYTHDECK team, such as The Island, Themed Zones, and The City, to provide engaging in-game experiences and rewards. These NFTs are freely tradable on various virtual currency exchanges and can be exchanged and accessed in a peer-to-peer manner by users. It’s important to note that NFTs have no physical manifestation and are exclusive to the MYTHDECK metaverse ecosystem.

b. Play-And-Earn:

By actively participating in MYTHDECK and the diverse mini-games, as well as accompanying mobile and browser-based games, players earn in-game currency known as “Gold.” This in-game currency can be exchanged for $LARKEN, which holds real-world value. Players are presented with a range of daily challenges of varying difficulty levels, such as resource collection, time trials, or map exploration. Successful completion of these daily challenges grants players access to the Play-to-Earn reward pool, which distributes a daily quantity of gold coins among all eligible participants. Similar to NFTs, $LARKEN can be freely traded on various virtual currency exchanges and can be exchanged and accessed in a peer-to-peer manner by users. $LARKEN serves exclusively within the MYTHDECK metaverse ecosystem and does not possess a tangible or physical form.

c. Build-And-Earn:

Players have the opportunity to gather resources and utilize their land to construct various structures, including residential houses, farms for crop cultivation, merchant stalls for peer-to-peer commerce, and workshops for resource processing and crafting. These activities have the potential to generate in-game currency.

d. Learn-And-Earn:

MYTHDECK collaborates with educational institutions to integrate learning into the metaverse. Players can assume the role of students, engage in learning experiences within educational centers, and earn rewards through educational mini-games.

e. Stake-And-Earn:

This feature allows users to stake tokens and earn rewards by participating in various activities within the MYTHDECK metaverse ecosystem. Active participants can earn tokens from the reward pool, with specific actions and incentive amounts subject to governance decisions.

f. Host-And-Earn:

Over time, Larkena plans to gradually introduce additional competitions, contests, games, or modules within the MYTHDECK ecosystem. Your interaction with any of these components should comply with these Terms, including full adherence to all aspects of these terms of service.

3. SUPPORT, UPDATES, ALTERATIONS, DISCONTINUANCE

a. Larkena reserves the right, but is not obligated to, offer and subsequently modify, adjust, suspend, or discontinue support services related to the App, Smart Contracts, Site, any component of the MYTHDECK metaverse ecosystem, $LARKEN, NFTs, or UGC (as defined herein) based on terms determined at Larkena’s sole discretion. At all times, Larkena maintains the right to use and/or manage the App, Smart Contracts, Site, any component of the MYTHDECK metaverse ecosystem, $LARKEN, NFTs, or UGC as deemed appropriate within Larkena’s sole discretion. This includes the right to modify, adjust, redesign, suspend, or discontinue any aspect or feature of the App, Smart Contracts, Site, any component of the MYTHDECK metaverse ecosystem, $LARKEN, NFTs, or UGC at any time, without prior notice.

b. In particular, without limitation, Larkena has the right, though not the obligation, to maintain, modify, and/or update the App, Smart Contracts, Site, any component of the MYTHDECK metaverse ecosystem, $LARKEN, NFTs, or UGC at its sole discretion. Larkena may, but is not obligated to, provide technical support concerning the App, Smart Contracts, Site, any component of the MYTHDECK metaverse ecosystem, $LARKEN, NFTs, or UGC. You acknowledge and agree that such maintenance, updates, adjustments, modifications, redesigns, suspensions, or discontinuations may impact (including limitations or termination of) the functionality of the App, Smart Contracts, Site, any component of the MYTHDECK metaverse ecosystem, $LARKEN, NFTs, or UGC.

c. Larkena does not commit to maintaining the Site or any related domains and/or websites up to date. To the fullest extent allowed by law, Larkena disclaims liability for any loss or damage that may directly or indirectly result from your reliance on the accuracy or currency of information contained on the Site or any related domains and/or websites. This includes, without limitation, situations where such loss or damage is a consequence of or contributed to by Larkena’s negligence.

4. PLAYTEST SOFTWARE AND SERVICES

Periodically, Larkena may introduce certain new services or versions of the App, including, but not limited to, preview services, new features for existing services, additional services, or pre-release versions of the App or service (collectively referred to as “Playtest Services”).

Should you choose to partake in any Playtest Services, your participation in such services is subject to the following terms and conditions:

(a)

You are obliged to maintain the utmost confidentiality (while adhering to all legal protections in favor of Larkena) and refrain from disclosing or sharing with any individual, whether directly or indirectly (specifically, without limitation to this section, you must not discuss the Playtest Services with anyone associated with a competing video game, any video game publisher or developer, any news or information service, or review, report, in-game footage, online blog, or in any online forum or chat room). This restriction applies to any and all information or material, regardless of its form, electronic or tangible, concerning the Playtest Services. This includes, but is not limited to, all feedback and any other information pertaining to the Playtest Services, your involvement in the Playtest Services, information and ideas related to the MYTHDECK ecosystem, software, software code, designs, graphics, rules, playing strategies, artwork, visual representations, plot, theme, settings, characters, characterizations, skills, emails, screenshots, marketing emails, marketing and promotional plans, current, future, or proposed Company products or services, written or printed documents, announcements or pre-releases, product samples, artwork, graphics, promotional and/or marketing materials, business and/or trade secrets, testing protocols, processes, and standards relating to the Game and/or associated Company products or services.

(b)

You acknowledge and agree that the Playtest Services are pre-release versions and may not function correctly.

(c)

You acknowledge and agree that your use of the Playtest Services may expose you to unusual risks of operational failures or the loss of assets, digital assets, or information.

(d)

The Playtest Services are provided “as is,” “as available,” and “with all faults.” Consequently, we strongly recommend against using them in mission-critical environments.

(e)

Larkena reserves the right to modify, alter, or discontinue any aspect of the Playtest Services at any time.

(f)

The final release versions of the Playtest Services may undergo substantial changes, and programs that use or run with the Playtest Services may not be compatible with the final release versions or subsequent releases.

(g)

Larkena may restrict the availability of customer service support dedicated to assisting with the Playtest Services.

(h)

You acknowledge and agree to promptly provide feedback regarding your experience with the Playtest Services in a format reasonably requested by us, including information necessary for us to replicate errors or issues you encounter.

(i)

You acknowledge and agree that Larkena may track your interactions with the App, browsing behavior, links clicked, items or services purchased, your device type, and collect various data, including analytics, about how you use and interact with our Playtest Services.

5. GAMES OF SKILL

a. When utilizing the App (including participating in any competitions, contests, and games within), Smart Contracts, and the Site, each user acknowledges and agrees that they are engaging in a game of skill. Games of skill are considered legal, as they generally fall outside the scope of gambling regulations worldwide. The App, Smart Contracts, and the Site must not be used for any form of illegal gambling, betting, or wagering under any name.

b. All competitions, contests, and games offered on the App, Smart Contracts, and the Site are considered games of skill. Winners and ranked players on the leaderboards are determined by objective criteria outlined in the rules of each competition, contest, or game. This could involve skillfully piloting vehicles, making strategic decisions, utilizing knowledge of game material, game mechanics, and the MYTHDECK ecosystem, or focusing on gameplay objectives with attention, experience, and skill.

c. Participating in any game or contest on the platform does not obligate the Company to reward any player with earnings, prizes, or rewards. Rewards, if offered, depend entirely on each player’s skill in relation to other players in the relevant competition, contest, or game.

d. If your use of the App, Smart Contracts, and the Site violates any gambling, betting, or wagering laws applicable to you, you are not permitted to utilize the App, Smart Contracts, and the Site.

6. HEALTH AND SAFETY WARNINGS

Please review the following health and safety information carefully before accessing the App. If children will be using the App, an adult should read and explain this information to them. Failure to review these health and safety precautions could result in property damage, injury, or even death. These precautions are not exhaustive, and using the App may involve other health and safety risks not listed here. The Company is not responsible for any property damage, injury, or death, including those resulting from a failure to review the health and safety precautions or from accessing the App, or any interactions between you, your family members, and individuals or objects in or around the play area (e.g., collisions, tripping, or injuries).

a. Photosensitivity:

Some individuals may react to certain visual images or patterns, including flashing lights, regardless of whether they have a diagnosed condition or history. To reduce the risk of reactions, play in a well-lit room, avoid playing when tired, view the App from a distance or on a smaller screen, and take regular breaks (do not access the App when fatigued or in need of sleep, and take 10-15 minute breaks every 30 minutes while accessing the App). If you or anyone in your family has experienced symptoms related to epilepsy, such as seizures or loss of consciousness when exposed to flashing lights, consult a doctor before accessing the App. Parents and guardians should supervise their children while using the App. If you or your child experiences eye or muscle twitching, altered vision, convulsions, involuntary movements, disorientation, or loss of consciousness or awareness, stop using the App immediately and consult a doctor.

b. Motion sickness:

Playing video games, especially first-person or virtual reality games like the App, may cause motion sickness in some players. If you or your child feels dizzy or nauseous while accessing the App, stop playing and rest. Do not engage in activities like driving, operating heavy machinery, or any demanding or strenuous tasks until you feel better. To reduce the risk of motion sickness while using the App, avoid using it when tired, inebriated, hungover, experiencing digestive issues, under emotional stress or anxiety, or while suffering from colds, flu, headaches, migraines, earaches, or other health conditions that may increase susceptibility to adverse symptoms.

c. Repetitive motion injuries and eyestrain:

Playing video games, including the App, can result in discomfort or pain in muscles, joints, skin, or eyes. To avoid issues like tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain, limit excessive play. Adults should supervise children and ensure they take a 10-15 minute break every 30 minutes while accessing the App. If your hands, wrists, arms, eyes, or other body parts become tired or sore, or if you experience symptoms like tingling, numbness, burning, or stiffness, take several hours of rest before playing again.

d. Children:

Adults should monitor children using the App for any symptoms described above and limit their access and usage time. Extended usage should be avoided, as it could negatively affect hand-eye coordination, balance, and multitasking abilities. Adults should closely monitor children during and after App usage for any decrease in these abilities.

e. Most importantly, if you or your child experiences any of the symptoms mentioned above or other discomfort during or after accessing the App, stop playing immediately and consult a doctor.

7. ELIGIBILITY

Before using the App, Smart Contracts, and NFT, you must comply with the following criteria:

a. Age Requirement: You must be at least eighteen (18) years old or of the legal age to enter into an agreement according to the laws of your country or territory.

b. Legal Compliance: You must not violate any laws or regulations while using the App, Smart Contracts, or NFT. If you reside in a jurisdiction where using these services is prohibited (including Restricted Territories), you are not allowed to use them. Your use must also comply with all applicable laws.

c. The App, Smart Contracts and NFT are intended only for users who are not prohibited by the laws of their country/territory from accessing the App, Smart Contracts or NFT. The Company does not intend to enable you to contravene any applicable law to you. You represent, warrant and agree to ensure that your use of the App, Smart Contracts and NFT will comply with all applicable laws, statutes and regulations applicable to you or those that are required to be complied with by you. The offering or availability of the App, Smart Contracts and NFT shall not be deemed or interpreted as an offer or invitation by us to use the App, Smart Contracts or NFT, if you reside in a place in which such use is currently forbidden by law (including without limitation the Restricted Territories), or where, the Company, in its sole discretion, elects not to offer the App, Smart Contracts or NFT. You shall be solely responsible for determining whether your use of the App, Smart Contracts and NFT is legal in the place where you live. We make no representations or warranties, express or implied, concerning the legality of the App, Smart Contracts or NFT and/or of any person’s use of the same, and shall not be responsible for any illegal use of the App, Smart Contracts and NFT by you. It is your responsibility to ensure that you comply with any and all laws applicable to you before using the App, Smart Contracts and NFT. If you have any doubts or concerns, you should consult with legal counsel in your country / territory about the legality of your use of the App, Smart Contracts and NFT.

d. Restricted Territories: You are not a resident of the United States of America, China, Panama, Afghanistan, Albania, American Samoa, Angola, Armenia, Azerbaijan, Belarus, Bosnia, Botswana, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, China, Côte D’Ivoire, Croatia, Crimea of Ukraine, Cuba, Democratic Republic of Congo, Democratic People’s Republic of Korea, Eritrea, Ethiopia, Ghana, Guam, Guinea, Guinea-Bissau, Haiti, Herzegovina, Iran, Iraq, Kosovo, Japan, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Macedonia, Mozambique, Myanmar, Nicaragua, Northern Mariana Islands, Pakistan, Moldova, Palestine, Puerto Rico, Russia, Serbia, Somalia, Sri Lanka, Sudan, South Sudan, Syrian Arab Republic, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, Venezuela, Virgin Islands (U.S.), Yemen, or Zimbabwe (collectively, “Restricted Territories”).

e. The Company reserves the right to enforce geo-blocking to restrict access to the App, Smart Contracts, and NFT in Restricted Territories. Using software or methods like VPN to circumvent this prohibition is not allowed. It should be noted that the Company shall not assume responsibility for, nor be held liable for, any violations that may occur due to the access of the App, Smart Contracts, and NFT from the Restricted Territories, whether through the use of a Virtual Private Network (VPN) or any other means that enables users to gain access.

8. OWNERSHIP; LICENSE; RESTRICTIONS

a. Ownership:

i. You own claimed NFTs (Non-Fungible Token). Each NFT is a digital record on the relevant Blockchain Network and includes a license to display the associated Art. When you purchase an NFT, you have full ownership rights over the digital record on the Blockchain Network. This means you can trade, sell, or give away your NFT and are responsible for all activities related to it. Ownership of each NFT is governed by the Smart Contract and the relevant Blockchain Network.

ii. The Company owns the App and the Site. All elements of the App, along with intellectual property rights (including Art, the MYTHDECK ecosystem, designs, systems, methods, computer code, software, services, website design, and more), are owned by the Company or its licensors. These materials are protected by various intellectual property and proprietary rights, including copyright, trademark, and patent laws. You do not acquire ownership or any other rights to the Materials through your use of the App, except as expressly provided in these Terms. The Company reserves all rights not explicitly granted. Your purchase of an NFT does not grant you any rights or licenses to the Materials (including associated Art) beyond what is specified in these Terms. You do not have the right to reproduce, distribute, or commercialize any Materials without the Company’s prior written consent. Using the Company’s trademarks or service marks without permission is also prohibited.

Please note that these ownership, licensing, and restriction terms are essential to understanding your rights and responsibilities in using the App, Smart Contracts, and NFT.

b. Non-commercial Use:

The Company grants you a limited license to display the Art within the MYTHDECK ecosystem under certain conditions:

Personal Use: You can use the Art for your personal, non-commercial purposes.

Marketplace: You may use the Art on marketplaces that facilitate the purchase and sale of NFTs. However, the marketplace must verify NFT ownership and remove the Art when the NFT is no longer for sale.Third-party Websites or Apps: You can use the Art on third-party websites or applications that allow NFT inclusion, provided they also verify NFT ownership and remove the Art when the NFT owner leaves.

c. Restrictions:

You are prohibited from doing or attempting the following without the Company’s prior written consent:

Altering the Art associated with Larkena products or your NFT in any way, including changing shapes, designs, drawings, attributes, or color schemes.

Using the Art to promote, market, or sell products or services from third parties.

Associating the Art with content depicting hate, intolerance, violence, cruelty, or anything that may constitute hate speech or infringe upon others’ rights.

Using the Art in movies, videos, or other media.

Commercializing merchandise containing or related to the Art, except as expressly allowed.

Attempting to acquire additional intellectual property rights related to the Art.

Using the Art for your or any third party’s commercial purposes.

If the Art includes Third Party IP (e.g., licensed intellectual property from celebrities or public figures), you acknowledge:

You can only use Third Party IP as part of the Art and subject to these license terms. Additional restrictions may apply based on the owner’s license of the Third Party IP. You must comply with any additional restrictions communicated by the Company in writing.

These terms are designed to ensure that the Art is used appropriately and respects the rights of all parties involved.

d. User Generated Content (UGC):

The Company offers features within the App that enable users to create, modify, and contribute content, referred to as User Generated Content (UGC). This can include various types of content, such as text, images, graphics, messages, posts, comments, character data, in-game customization, and more. Users can upload, publish, or share UGC with other users of the App.

Ownership and License:

UGC is considered non-confidential and non-proprietary information. By creating UGC, you grant the Company a perpetual, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license. This license allows the Company to use, host, copy, duplicate, store, display, publish, perform, modify, adapt, and distribute your UGC to other users or third parties. The Company can use UGC in various media, including digital or printed formats, for commercial publicity and marketing purposes. The Company is not obligated to provide attribution or royalties for this usage.

Restrictions and Responsibility:

Users are prohibited from creating, generating, or making available any UGC for which they do not have the necessary rights to grant the license mentioned above. The Company reserves the right to screen, edit, remove, delete, or block UGC that violates the Terms or is deemed objectionable without prior notice. Users are solely responsible for the legality, reliability, appropriateness, originality, and copyright of their UGC. Users must ensure that their UGC complies with applicable laws, regulations, and third-party rights, including copyright, trademark, patent, trade secret, moral rights, and privacy or publicity rights. Users should not create UGC containing derogatory or defamatory remarks about individuals or entities.

Feedback:

Users can provide feedback, suggestions, comments, ideas, bug reports, or other information related to the App. By submitting Feedback, users agree that the Company can use, reproduce, distribute, modify, adapt, and exploit the Feedback without additional compensation. Users grant the Company a perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use Feedback for various purposes.

Moral Rights Waiver:

Users waive moral rights, authorship rights, paternity rights, attribution rights, integrity rights, disclosure rights, and any similar rights associated with UGC or Feedback. Users agree not to assert these rights, even if their UGC or Feedback is altered in a way they may not agree with.

These terms apply to UGC and Feedback and will survive the expiration or termination of the Terms.

9. USER TERMS

a. User Obligations:

As a user of the App, you are required to adhere to certain obligations and conduct yourself in a responsible and lawful manner. Your use of the App, interaction with other users, participation in competitions, contests, games, and the creation of User Generated Content (UGC) should align with these obligations and comply with applicable laws and regulations.

Here are some key points regarding your obligations:

Content Restrictions: You must not create, send, upload, distribute, or promote any content that is unlawful, invasive of privacy, harmful, fraudulent, threatening, abusive, defamatory, vulgar, sexually explicit, pornographic, or otherwise objectionable. This includes content related to prohibited substances, hate speech, and gambling.

Security and Harmful Elements: You are prohibited from distributing viruses, worms, Trojan horses, or any other destructive or deceptive elements that can harm the App or its users.

Identity Impersonation: Impersonating another person, whether through email addresses or other means, is not allowed.

Intellectual Property Rights: You must not infringe upon the intellectual property rights of any party by generating, uploading, posting, or transmitting copyrighted material or content owned by others.

Respect for Legal Rights: Do not use the App to violate the legal rights, such as privacy and publicity rights, of other individuals.

Illegal Activity: Engaging in, promoting, or encouraging illegal activities, including money laundering, is strictly prohibited.

Interference: Avoid interfering with the enjoyment of the App by other users.

Commercial Exploitation: The App should not be exploited for unauthorized commercial purposes or used to establish unauthorized connections to the App or the MYTHDECK ecosystem.

Reverse Engineering: Do not attempt to reverse engineer, decompile, or modify any portion of the App or its data.

Bypassing Measures: Avoid attempting to bypass any security measures designed to restrict access to the App or its components.

Harassment: Harassing, intimidating, or threatening employees or agents providing services through the App is not allowed.

Removal of Notices: Do not remove copyright, trademark, or other proprietary rights notices from the App.

Manipulative Practices: Engaging in manipulative practices that affect the outcome of competitions, contests, or games is strictly prohibited.

Consequences of Non-Compliance:

If you engage in any prohibited activities outlined in these terms, the Company reserves the right, at its sole discretion and without prior notice, to take actions such as suspending or terminating your user account, deleting your UGC, or removing images and descriptions associated with your NFT from the App and the Site. These actions may be taken without limiting any other legal rights or remedies available.

It is essential to adhere to these obligations to maintain a positive and lawful environment within the App.

b. User Representations:

When using the Site, the App, NFT, and the Smart Contracts, you make certain representations and warranties. Here are the key representations you make:

Understanding Terms: You confirm that you have read and comprehended these Terms and any related documentation on the App or the Site.

Knowledge of Cryptographic Tokens: You possess adequate knowledge and understanding of cryptographic tokens, token storage mechanisms, blockchain technology, and related software systems to appreciate the risks and implications of your interactions with the App, creation, or holding of NFTs.

Eligibility Criteria: You acknowledge that the Company may establish eligibility criteria for accessing specific functionalities within the App or NFT, which may involve additional time and financial costs on your part.

Personal Usage: You use the App, the MYTHDECK ecosystem, and own NFTs for your personal account and not on behalf of any other entity or individual.

Compliance with Applicable Laws: Your interactions with the App, creation, and ownership of NFTs comply with the applicable laws and regulations in your jurisdiction and any other relevant jurisdiction. This includes legal capacity requirements and other criteria for interacting with the App, creating, or holding NFTs, as well as adhering to foreign exchange regulations or governmental consents if necessary.

Legal Capacity: You have the legal capacity to enter into these Terms and agree to abide by them.

Prohibited Usage: You will not use the Site, NFT, the App, and the Smart Contracts for illegal, immoral, or unauthorized purposes.

Non-Commercial Use: Unless expressly approved by the Company in writing, you will not use the Site, NFT, the App, and the Smart Contracts for commercial purposes.

Compliance with Applicable Laws: Your use of the Site, NFT, the App, and the Smart Contracts will not breach any applicable laws or regulations.

Source of Funds: Any funds or digital assets used for interacting with the App or creating and purchasing NFTs are not derived from unlawful activities, including money laundering or terrorist financing. You also agree not to use the App or NFT to finance, engage in, or support unlawful activities.

You are required to adhere to these representations and warranties to ensure that your use of the App and NFTs is legal, ethical, and compliant with all relevant regulations.

c. Know Your Customer and Anti-Money Laundering:

The Company has established certain procedures related to “Know Your Customer” (KYC) and “Anti-Money Laundering” (AML) checks. Here are the key points regarding these checks:

Company’s Discretion: The Company reserves the right to conduct KYC and AML checks on you at its sole discretion. Additionally, the Company may perform these checks if they become mandatory under applicable laws in any jurisdiction.

Information and Documents: Upon the Company’s request, you must promptly provide the Company with the necessary information and documents that it deems essential for conducting KYC and AML checks. These documents may include, but are not limited to, passports, driver’s licenses, utility bills, photographs of individuals associated with the account, government identification cards, or sworn statements before notaries or equivalent professionals.

Access Restrictions: The Company, in its sole discretion, may withhold access to NFTs, Smart Contracts, the App, or the Site until you provide the requested KYC and AML information. Additionally, if the Company possesses information suggesting that you are involved in money laundering, terrorism financing, or any other illegal activities in connection with NFTs, Smart Contracts, the App, or the Site, it may take appropriate action, including blocking your access and providing information to regulatory authorities.

Preventing Illegal Activities: The Company is committed to preventing money laundering, terrorism financing, and other illegal activities. It may employ various measures, including blocking access and sharing information with regulatory authorities, to achieve this goal.

d. Reporting Glitches and Exploits: You are obligated to report any glitches, exploits, or vulnerabilities (e.g., bugs, system errors, illegal programs) related to the App or the Services. However, you must not exploit or disseminate such information to other users. Disclosing such information to anyone other than the Company may be considered a breach of these Terms.

Compliance with KYC and AML checks is crucial for maintaining the integrity and legality of your interactions with the Company and its services.

10. FEES AND PAYMENTS

a. When engaging with the App, creating, or holding NFTs, it’s essential to understand the financial aspects involved. Here are the key points related to fees and payments:

Blockchain Network Transactions:

All financial transactions related to the App, NFTs, and Smart Contracts are conducted exclusively through the relevant Blockchain Network.

The Company has no visibility or control over these transactions, and it cannot reverse any transactions.

The Company holds no liability for any claims or damages arising from transactions conducted on the Blockchain Network.

b. Gas Fees:

Transactions on the Blockchain Network require the payment of a transaction fee known as a “Gas Fee.”Gas Fees support the decentralized network of computers that operate the Blockchain Network. You are responsible for paying the Gas Fee for each transaction made via the App.

c. Transaction Fees:

The App may charge additional fees, known as “Transaction Fees,” for various activities such as participating in competitions, contests, games, using the App or Smart Contracts, or engaging in trading activities related to NFTs. The specific Transaction Fee for each transaction will be made clear to you before you confirm the transaction. Transaction Fees are transferred directly to the Company through the Blockchain Network as part of your payment. You are prohibited from attempting to pay Transaction Fees through fraudulent or unlawful means.

d. Tax Responsibility: You are solely responsible for paying any and all taxes, duties, and assessments (excluding taxes on the Company’s net income) associated with your use of the App and interactions with NFTs. This includes national, federal, state, local, or other taxes imposed by governmental authorities. You are not entitled to deduct the amount of such taxes, duties, or assessments from payments made to the Company under these Terms. You confirm your non-registration for Goods and Services tax or similar sales tax in Panama, and you must inform the Company if your status changes in the future.

Understanding and complying with these fee and tax responsibilities is crucial when using the App and engaging with NFTs and Smart Contracts.

11. LOSS OF DATA

In the unfortunate event that any of your information or data related to your use of the App, Smart Contracts, Site, elements within the MYTHDECK metaverse ecosystem, $LARKEN, NFTs, or UGC is lost, corrupted, or becomes no longer reasonably available or accessible (as determined solely by the Company), it’s important to understand the following:

The Company shall not be liable for any nature of loss or damage relating to such information or data to the greatest extent permissible by law.

12. TERMINATION

Termination of these Terms is a possibility, and here’s what you need to know:

You have the right to terminate these Terms at any time by canceling your account on the App and discontinuing your access and use of the App. Please note that no refunds will be provided upon cancelation. The Company, at its sole discretion, may terminate these Terms and suspend or terminate your App account for any reason or without any reason at all. In cases where the Company suspends or terminates your access due to your breach of these Terms or suspected fraudulent, abusive, or illegal activities, such termination is in addition to any other remedies the Company may pursue at law or in equity. Upon termination or expiration of these Terms, whether initiated by you or the Company, you may lose access to the information you’ve posted on the App or related to your account. The Company is not obligated to maintain such information in its databases or forward it to you or any third party.

Surviving Sections:

Sections 1C, 8, 9, 13, 14, 15, and 16 will continue to be in effect even after the termination or expiration of these Terms for any reason. These sections cover essential aspects of your obligations, user representations, fees, data handling, and other critical matters.

13. DISCLAIMERS

It’s important to understand the following disclaimers regarding your use of the App and NFT:

Your access to and use of the App and NFT are at your sole risk. They are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. The Company, its subsidiaries, affiliates, and licensors make no express warranties and disclaim all implied warranties, conditions, common law duties, and representations regarding the App, NFT, and any part of it, including but not limited to warranties of title, non-interference with your enjoyment, non-infringement, merchantability, fitness for any purpose, system integration, accuracy, completeness, reliability, and lack of viruses.

The Company does not guarantee that your access to or use of the App or NFT will meet your requirements, operate without interruptions or errors, or be secure, bug-free, or virus-free. Additionally, it does not guarantee the accuracy of usage data provided through the App or NFT.

You accept the inherent security risks of providing information and dealing online over the internet. The Company is not liable for any breach of security unless it is due to willful default.

You should be aware of cyber threats and bad actors who may impersonate the Company or engage in malicious activities. The Company is not responsible for losses resulting from such actions, including fraudulent websites, links, information, or scams.

You are responsible for verifying any websites, links, information, announcements, call-to-actions, or digital wallet addresses related to the MYTHDECK game ecosystem, as the Company has no liability in connection with these.

The Company will not be responsible or liable for any losses incurred as a result of your use of the relevant blockchain network or the MetaMask electronic wallet, including losses due to user error, server failure, data loss, corrupted wallet files, unauthorized access, or activities by third parties.NFTs are intangible digital assets maintained in the relevant blockchain network. The Company has no control over and makes no guarantees regarding smart contracts.

The Company is not responsible for losses due to issues with the blockchain supporting the relevant blockchain network, including forks, technical node issues, or any other issues resulting in fund losses.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some or all of these exclusions may not apply to you.

14. LIMITATION OF LIABILITY

Please be aware of the following limitations of liability:

The Company and its subsidiaries, affiliates, service providers, and licensors (the “Company Parties”) will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages you may incur in connection with these Terms or your access to or use of the App or NFT, even if the Company Parties have been advised of the possibility of such damages.

These damages may include but are not limited to loss of profits, goodwill, business reputation, data, or the cost of procurement of substitute goods or services.

The total aggregate liability of the Company Parties to you for any and all claims arising out of or relating to these Terms or your access to or use of the App or NFT is limited to the greater of the amounts you actually paid to the Company in the 12-month period preceding the events giving rise to such liability or US$200.

These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

You acknowledge that the Company has made the App and NFT available to you and entered into these Terms based on the warranty disclaimers and limitations of liability, which represent a fair allocation of risk between the parties and are essential to the bargain between you and the Company.

Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed, and limitations of liability for personal injury from consumer products may also be restricted. These limitations may not apply to personal injury claims.

15. ASSUMPTION OF RISK

Please carefully consider the following risks:

Prices of blockchain assets are highly volatile and fluctuations could adversely affect the value of your NFT, potentially resulting in financial losses. The Company does not guarantee that purchasers of NFT will not incur are responsible for determining and complying with any taxes related to your transactions on the App, the Site, or the Smart Contracts. The Company does not provide tax advice or determine your tax obligations.

NFT exist only on the supporting blockchain in the relevant Blockchain Network, and the App does not store, send, or receive NFT. Any transfer of NFT occurs within the supporting blockchain, not on the App.

The App and publicly deployed Smart Contracts may have security vulnerabilities, errors, bugs, or economic loopholes that could be exploited by third parties. Your interaction with the App and Smart Contracts is your own responsibility and liability.

Your access to the App, NFT, or digital assets may be suspended, terminated, or delayed at any time, potentially resulting in the depreciation of NFT or digital assets.

Internet-based currencies involve risks such as hardware, software, and internet connection failures, malicious software, and unauthorized access. The Company is not responsible for communication failures or disruptions in connection with the App, Smart Contracts, NFT, or the Blockchain Network.

Malfunctions, breakdowns, or abandonment of the relevant Blockchain Network may negatively affect the App and any NFT you own. Advances in cryptography and technical innovations could also pose risks.

Loss of private keys associated with your digital wallet or storage mechanism could result in the loss of NFT. Unauthorized access to private keys by third parties may lead to misappropriation of NFT.

Hackers and malicious groups may attempt various attacks on the App, Smart Contracts, Site, or NFT, potentially causing losses.

Lack of use or public interest in distributed ecosystems could impact the development of the MYTHDECK ecosystem and the utility or value of the App or NFT.

Regulatory uncertainty regarding blockchain technologies and digital assets may affect the MYTHDECK ecosystem and the utility or value of the App or NFT.

Upgrades, hard forks, or changes in transaction confirmation methods on the Blockchain Network may have unintended adverse effects on blockchains using the ERC-20, ERC-721, or ERC-1155 standard, including the Larkena ecosystem.

Blockchain-based applications and cryptographic tokens are new and untested technologies, and there may be unforeseen risks associated with your interaction with the App and the use of NFT.

Please be aware that these risks are not exhaustive, and there may be other unforeseen risks. These risks may also evolve or combine in unanticipated ways.

16. INDEMNIFICATION

You agree to indemnify and hold harmless the Company Parties from any claims, demands, liabilities, losses, damages, expenses, actions, suits, judgments, litigation costs, attorneys’ fees, expert witness’ fees, and other costs arising from or related to:

Any claim that, if true, would constitute a breach of these Terms by you.

Any act or omission by you in using the App or NFT.

Your violation of applicable laws, rules, or regulations in connection with your access to or use of the App or NFT.

Any claim of infringement or violation of any third-party intellectual property rights arising from the Company’s use of your UGC or feedback as provided in these Terms.

You agree to reimburse the Company for any defense costs incurred and any payments made or losses suffered by the Company Parties based on matters covered by this indemnification section. The Company will have control over the defense or settlement of any claims related to this section.

17. EXTERNAL WEBSITES AND SERVICES

The App may provide links or access to external websites, software, services, advertisements, or materials (referred to as “External Services”) for your convenience. These External Services are not under the control of the Company, and you should review their terms and conditions, privacy policies, and related documentation before using them.

You acknowledge and agree that the Company has no responsibility for the availability or interactions with External Services and does not endorse any information, advertising, products, or materials provided by External Services. The Company is not liable for any loss or damage resulting from your use of External Services or their availability, and you agree not to hold the Company responsible for the completeness, accuracy, or existence of any information or materials from External Services.

18. CHANGES TO THE APP

You acknowledge that the App is subject to continuous innovation and improvement. The form and features of the App may change without prior notice to you. We reserve the right to add new features, modify existing ones, or make changes to any part of the App at our discretion and without notice.

19. PRIVACY POLICY AND USER DATA

Our Privacy Policy, which can be found in the pop-up modal on the previous screen, outlines how we collect, use, store, and disclose your personal information. It is an integral part of these Terms, and by using the App, you agree to the collection, use, storage, and disclosure of your data in accordance with the Privacy Policy.

While we perform regular routine backups of data related to the Site, the App, and the Smart Contracts, you are solely responsible for any data you transmit or that is associated with your activities on the Site, the App, or the Smart Contracts. You agree that we have no liability for any loss or corruption of such data and waive any right to take legal action against us for any such loss or corruption.

20. GOVERNING LAW AND DISPUTE RESOLUTION (ARBITRATION)

Please take note of this Section 20 as it outlines the procedures for resolving disputes with the Company and sets certain limitations on how you can seek remedies from the Company.

These Terms, as well as your access to and use of the Services, will be governed by and interpreted in accordance with the laws of Panama. This applies without regard to any conflict of law rules and principles that might otherwise apply the laws of another jurisdiction.

Any disputes arising from or related to these Terms, including issues concerning their enforceability, validity, or termination, your use of the App, the Site, or the Smart Contracts, or any products available through them, will be resolved through arbitration. Prior to arbitration, there will be an attempt at Conciliation. The arbitration will be administered by the Panama Conciliation and Arbitration Centre, following its current procedural rules. The arbitration tribunal will consist of a single arbitrator who has the exclusive authority to make determinations about the interpretation, applicability, enforceability, and scope of this arbitration agreement. The proceedings will be conducted in English. Both parties agree to submit to the jurisdiction and venue of this tribunal. Each party is responsible for covering their own fees and costs associated with the arbitration process. However, it’s important to note that the Company may seek and obtain injunctive relief in any jurisdiction through any court with competent jurisdiction. You agree that the Company can enforce these Terms specifically through injunctive relief and other equitable remedies without needing to prove monetary damages.

Concerning any dispute arising from or related to these Terms, you explicitly waive your right to a trial by jury. You also give up your right to participate as a member of a class of claimants in any lawsuit, including class action lawsuits that involve such disputes.

21. GENERAL

These Terms, along with any documents or information referred to within them or incorporated by reference, constitute the complete agreement between you and the Company regarding the subject matter covered in these Terms. Any other communications, proposals, or representations concerning the same subject matter, whether written or oral, whether before, during, or after the agreement, are explicitly excluded.

These Terms do not provide any benefits or rights to third parties. Individuals who are not parties to these Terms have no legal basis to enforce or gain advantages from them.

The parties involved are independent of each other, and nothing in these Terms creates an agency, partnership, joint venture, or any similar relationship. The parties are not considered to be acting in concert in any way.

The original version of these Terms is in English, and any translations are provided for reference only. In the event of a conflict or ambiguity between the English version and translated versions of these Terms, the English version takes precedence. You acknowledge that you have read and understood the English version of these Terms, and you waive any rights you may have under the laws of your country to have these Terms written or interpreted in the language of any other country.

The language used in these Terms will be interpreted fairly and not strictly in favor of or against any party.

You are not allowed to assign, transfer, charge, or subcontract any of your rights or obligations under these Terms without the prior written consent of the Company. Any attempt to do so without such consent will be void. However, the Company can, at its sole discretion (without your consent), assign, transfer, charge, or subcontract all or any of its rights and obligations under these Terms to an affiliate for any reason.

If any provision or part-provision of these Terms becomes invalid, illegal, or unenforceable under any applicable law, it will be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision will be considered deleted. Any modification or deletion under this Section 21G will not affect the validity and enforceability of the remaining provisions of these Terms.

Any action or inaction by the Company to exercise, or delay in exercising, any of its rights under these Terms, whether under contract, law, or equity, will not be considered a waiver of those rights or any other rights or remedies available under contract, law, or equity.

The Company will not be responsible for any failure or delay in the performance of its obligations due to conditions beyond its reasonable control. This includes, but is not limited to, actions of governmental authorities, acts of terrorism, natural disasters like earthquakes and floods, acts of God, labor disputes, power outages, disruptions in Internet services, or actions or omissions of third parties.

By providing us with your email address, you consent to receiving notices (including those regarding changes to these Terms) from us via email, regular mail, or postings on the App. This also includes notices required by law, which may be sent by email instead of postal mail.

22. PARTNERSHIP

Larkena is in partnership with Larken Association Inc. Larken Association Inc has licensed the rights to create, mint, own, operate, and distribute smart contracts, tokens, non-fungible tokens (NFTs), and all other cryptocurrency related products that are associated with Larkena Inc and their intellectual property. This includes both on-metaverse and off-metaverse crypto related products. This also includes the $LARKEN token. Larken Association Inc strictly manages all crypto related products independently of Larkena Inc.