Gachapon Terms of Use

Last Revised: 24 May, 2022

These terms and conditions (“Terms”) are prepared by Nekoyuri Sdn. Bhd. (Registration No. 202201007170 (1452867-X)) (“Company”, “we”, “us” or “our”) for the purpose of setting out the information, legal terms, conditions and rules applicable to the gachapon event (“Gachapon Event”) which comprises, amongst others, the gacha draw where participants can use tickets to play gachapon machines which will disburse instant and randomized rewards (“Gacha Draw”). The Gachapon Event will be made available at https://alpha-solus.animemetaverse.ai/ (the “Platform”). These Terms and any other rules or regulations in relation to the Gachapon Event posted by us on the Platform shall constitute a legally binding agreement between each participant of the Gachapon Event (the “Participant”, “you” or “your”) and us.

By participating in the Gachapon Event, you are deemed to have read, understood and agreed to be bound by these Terms (whether on behalf of yourself or a legal entity you represent). Please read these Terms and our Privacy Policy (which is incorporated into these Terms by reference) carefully before participating in the Gachapon Event.

1. GENERAL

  • The Gachapon Event will be held for a duration of at least sixty (60) days and the exact duration of the Gachapon Event shall be determined by the Company at its sole and absolute discretion (“Campaign Period”), during which the Participants may use Crystals (as defined below) to participate in the Gacha Draw which comprises the free gacha and premium gacha for an AM Starcrane Reward (as defined below).

  • Linking Your Cryptocurrency Wallet
    When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to this Site, please notify us immediately.

  • Ownership
    Unless otherwise indicated in writing by us, theSite, all content, and all other materials contained therein, including, without limitation, Our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of ANIME METAVERSE or our affiliates, licensors, or users, as applicable. The ANIME METAVERSE logo and any ANIME METAVERSE product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of ANIME METAVERSE or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

    You may not use any Site Content or link to theSite without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent. In addition, the look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of ANIME METAVERSE and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

  • Terms of Sale
    By placing an order on the Site, you agree that you are submitting a binding offer to purchase an NFT or other Service. If you are the initial purchaser of a NFT or you are purchasing a Service, then all amounts due are to be paid to ANIME METAVERSE, LLC. If you are not the initial purchaser of a NFT, then amounts may be paid to the-then holder of the NFT. You also acknowledge and agree that Company receives 6.9% of every subsequent sale of a NFT (“Royalty”). For example, if you are the initial purchaser, and you sell a NFT for $100 to a subsequent purchaser, $10 will automatically be transferred to Company and you will receive $90. Company has the right collect Royalties for NFT sales in perpetuity and may use those funds in any mannerCompany sees fit.

    As such, if you sell a NFT on a third-party NFT marketplace, you agree to include a statement substantially similar to the following in the description of the NFT: “6.9% Royalty Applies. See ANIME METAVERSE Terms for details.”

    In addition, when you buy or sell a NFT on this Site, you agree to pay all applicable fees associated with the transaction and you authorize Us to automatically charge and collect such fees from your payment. We will always display a breakdown of any transaction or other fees prior to your purchase or sale of a NFT.

    No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

  • Staking of Anime Metaverse NFTs
    Subject to the Terms of Use, the User may use the Services to stake ANIME METAVERSE NFTs for the purposes of gaining Staking Rewards.

    The following terms have these meanings when used in these Terms of Use:

    “Staking Period” means such period of staking, as may be selected by the User on the Staking Dashboard, and specified under the staking page of the Wallet or the User’s account, subject to the terms below.

    “Staking Rewards” means a variable amount that shall be in the form of rewards earned by the User, as determined by the Company, through staking ANIME METAVERSE NFTs held by the User and that is payable or awarded to the User. The rewards may be given in the form of NFTs or other specified benefits, as defined by the Company, that have value or may be used within the ANIME METAVERSE ecosystem.

    “User” means any purchaser of ANIME METAVERSE NFT from an initial or subsequent sale of ANIME METAVERSE NFTs and is a user of the Site.

    “Wallet” means a digital wallet capable of receiving and transferring ANIME METAVERSE NFTs.

    When the User is staking ANIME METAVERSE NFTs, the staked ANIME METAVERSE NFTs will appear under the staking page of the Wallet OR, if required by the Company, shall be transferred from the User’s Wallet to the Company’s Wallet(s). The staked ANIME METAVERSE NFTs  cannot be used by the User for any purpose other than staking during the Staking Period.

    By staking the ANIME METAVERSE NFTs, the User is contributing to the ecosystem of the Services and the Company rewards the Users with a Staking Reward proportional to the amount of User’s staked ANIME METAVERSE NFTs (“Return”). The Staking Reward will be presented as an annual percentage rate of Return or calculated according to a distribution formula determined by the Company for the Staking Period.

    If the Staking Reward is in the form of NFTs, the actual amount of Staking Rewards is calculated based on: (i) the total amount of the User’s staked ANIME METAVERSE NFTs, (ii) multiplied by the annual Return Rate of ANIME METAVERSE NFTs, and (iii) divided proportionally by the Staking Period. The Staking Rewards will be reflected in the User’s wallet at the end of the Staking Period.

    If the Staking Reward is in the form of benefits, as defined by the Company, other than NFTs, the actual amount of Staking Rewards is calculated based on: (i) the total amount of the User’s staked ANIME METAVERSE NFTs, (ii) multiplied by the amount of the defined benefits per ANIME METAVERSE NFT computed on an annual basis, and (iii) divided proportionally by the Staking Period.

    The Return Rate of the staked ANIME METAVERSE NFTs is not guaranteed and is subject to change without notice and at the discretion of the Company.

    The staking plan to which the User is subscribed will be renewed automatically upon expiry if there are no changes to the Return computation, otherwise, the User’s staking plan will be automatically cancelled at the end of the Staking Period. In the event that the Return computation is changed during the User’s Staking Period, the initial Return computation of the Staking Rewards for the Staking Period will apply until the end of the Staking Period. The User can redeem their staked ANIME METAVERSE NFTs at the end of the Staking Period together with the Staking Rewards.

    The User may choose to withdraw his/her stake or cancel the staking at their own discretion at any time, during the Staking Period. The Company may impose a limit on the number of times the User is entitled to cancel their staking each day, at any time without any prior notice to the User. If the User cancels their staking during their Staking Period, the User will not be eligible to receive Staking Rewards for any such partial Staking Periods.

    The Company reserves the right in its sole discretion to do the following:

    • Determine the minimum and maximum amount of deposit of ANIME METAVERSE NFTs that the User can stake;

    • Determine the maximum number of staking plans the User can subscribe to; and

    • Initiate or suspend any staking applications or staking plans.

    The Company reserves the right to suspend or discontinue, temporarily or permanently the staking of ANIME METAVERSE NFTs at its sole discretion, at any time, for any or no reason, provided that the Company shall endeavor to give notice to the Users reasonably in advance when the ANIME METAVERSE NFTs staking will end. In the event of such suspension or discontinuance of staking of ANIME METAVERSE NFTs, the Company will suspend and not accept new applications for staking, and all staking plans will be automatically cancelled. The Users that have subscribed to staking plans will receive the Staking Rewards until the end of the Staking Period or proportional to any shortened Staking Period. All staking plans will be automatically cancelled once ANIME METAVERSE NFTs staking has been suspended. The amount of staked ANIME METAVERSE NFTs will be returned to the User’s Account, including the Staking Rewards earned (if any) during the Staking Period.

  • Intellectual Property
    Other than Site Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted on the Site infringes your copyright or trademark rights, please file a notice of infringement by contacting the Designated Copyright Agent listed below.
    Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”):

    • The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner;

    • Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed;

    • Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on the Site that contains the material);

    • A mailing address, telephone number, and email address where we can contact you;

    • A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and

    • A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Please submit your notice to the Designated Agent below:

    ANIME METAVERSE
    Legal Department
    H-2-11, Plaza Damas,
    No 60, Jalan Sri hartamas,
    50480 Kuala Lumpur,
    Malaysia
    legal@AnimeMetaverse.ai 

    In the event that the Company receives a counter-notice in compliance with the above requirements, we will provide the person who submitted the DMCA copyright infringement notice with a copy of the counter-notice, informing them that the Company will replace the removed material in 10 business days from the date of the counter-notice unless the Company first receives notice from the person who submitted the DMCA copyright infringement notice that they have filed an action seeking a court order to restrain the allegedly infringing activity.

    PLEASE NOTE THAT ANIME METAVERSE INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING.

    We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site Content. In return, you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity; not to engage in any other activity or behavior that poses a threat to ANIME METAVERSE, e.g., by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ cryptocurrency wallets and not to interfere with other users’ access to or use of the Services.

    You also agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Site Content; (2) modify or create derivative works from the Site Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site Content; (4) download any portion of the Site Content, other than for purposes of page caching, except as expressly permitted by us.

    Limited License. With respect to the NFTs, each purchaser of a NFT is granted an exclusive, limited license to such NFT and its content to access, use, or store such NFT and its content solely for their personal, non-commercial purposes. NFTs are a limited-edition digital creation based upon content that may be trademarked and/or copyrighted by Company. Unless otherwise specified, your purchase of a NFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the NFT or its content for any commercial purpose. You further agree that you are not receiving any copyright interest in the NFT or its content, and indeed, you agree that Company may sell, license, modify, display, broadcast and create derivative works based upon your NFT or its content. Any commercial exploitation of the NFT could subject you to claims of copyright infringement. If you sell a NFT through the Site, you agree that you will not have any claims against us for any breach of these Terms by a purchaser. If you purchase a NFT on the Site, you hereby agree to hold us and the seller of such NFT harmless from and against any and all violations or breaches of these Terms.

    If you are unsure whether a contemplated use of the Site Content or a NFT and its content would violate these Terms, please contact us at legal@AnimeMetaVerse.ai.

  • Taxes
    We are not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on this Site. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, amounts due on this Site are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.

  • Privacy
    You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms.

  • Modifications
    You agree and understand that we may modify part or all of this Site or the Services without notice, and that we may update these Terms and any other document incorporated by reference therein at any time.

  • Risks
    Please note the following risks in accessing, purchasing, selling or using NFTs: The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs. NFTs are not legal tender and are not backed by any government. Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear.

    You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use this Site at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.

  • Disclaimers
    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ANIME METAVERSE, THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANIME METAVERSE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

    WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. ANIME METAVERSE DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
    WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY NFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

    WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR NFTS.

    NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT ANIME METAVERSE, LLC OR ANY ANIME METAVERSE, LLC PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT.

    We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. ANIME METAVERSE is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.

    Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  • Limitation of Liability
    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANIME METAVERSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ANIME METAVERSE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ANIME METAVERSE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT, NFTS, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO ANIME METAVERSE FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

  • Indemnification
    To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ANIME METAVERSE, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ANIME METAVERSE Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Site Content, or NFTs, (c) your violation of these Terms, (c) your violation of the rights of a third party, including another user and (e) your failure to pay any Taxes or Sales Taxes in connection with your transactions on this Site or to provide us with a properly executed tax form described in Section 8. You agree to promptly notify us of any third party Claims and cooperate with the Vee Friend Parties in defending such Claims. You further agree that the Vee Friend Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.

  • Governing Law
    These Terms of Use, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms shall be governed by the laws of Malaysia, as if these Terms are a contract wholly entered into and wholly performed within Malaysia YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AS CONTEMPLATED BY THESE TERMS SHALL BE DEEMED TO HAVE OCCURRED IN MALAYSIA AND BE SUBJECT TO THE INTERNAL LAWS OF WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

  • Disputes and Arbitration Agreement
    Carefully read the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with ANIME METAVERSE, and limits the manner in which you can seek relief from us.

    Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Services sold or distributed through the Site, including NFTs, or to any aspect of your relationship with ANIME METAVERSE, LLC will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or ANIME METAVERSE may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

    Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our email arbitration@animemetaverse.ai The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, ANIME METAVERSE will pay them for you. You may choose to have the arbitration conducted by telephone or video conference or based on written submissions, or you may request to meet in-person for arbitration in Malaysia. You agree that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ANIME METAVERSE. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. And you agree that to the extent monetary or non-monetary remedy or relief is granted, such request for relief may be enforced as needed by any court of competent jurisdiction.

    Waiver of Jury Trial. YOU AND ANIME METAVERSE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ANIME METAVERSE are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise indicated in this Section 14. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

    Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of New York. All other claims shall be arbitrated.

    30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: ANIME METAVERSE at H-2-11, Plaza Damas, No 60, Jalan Sri hartamas, 50480 Kuala Lumpur, Malaysia, Attention Legal Department, within 30 days after first becoming subject to this Arbitration Agreement. You may also submit your decision to legal@AnimeMetaverse.ai. Your notice must include your name and address, the cryptocurrency wallet address you used to transact on this Site (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

  • Severability
    Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

  • Survival of Agreement
    This Arbitration Agreement will survive the termination of your relationship with ANIME METAVERSE.

  • Modification
    Notwithstanding any provision in these Terms to the contrary, we agree that if ANIME METAVERSE makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: ANIME METAVERSE at H-2-11, Plaza Damas, No 60, Jalan Sri Hartamas, 50480 Kuala Lumpur, Malaysia, Attention Legal Department.

  • Severability
    If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.

  • Entire Agreement
    These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content and any NFTs you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.