PREAMBLE
MFF is an online game combining construction and soccer team management. Players build and construct their soccer club and compete in championships to earn rewards in the game (the "Game"). It relies on blockchain technology ("Blockchain") and particularly on non-fungible tokens (the "NFTs") to represent the usable elements of the Game. Game elements are exchanged between players via exchange tokens, the Game currency, $MFF (the "Jeton" or "$MFF").
These Terms and Conditions of Use and Sale (the "Terms and Conditions") apply when using the MFF website: mff.game (and all URLs succeeding mff.game) (the "Site ").
ARTICLE 1 - Scope of Application
The present General Terms and Conditions of Use and Sale are concluded between :
The Company MFF LABS, a simplified joint stock company with a capital of 375.300,00€ whose registered office is located at 7, rue de la Mairie - 95460 EZANVILLE, registered with the RCS of Pontoise under number 914 784 715 and represented by Mr. Jérôme MORET in his capacity as President (the "Company" or "MFF LABS") ;
AND
Users of the Site (the "User" or the "Users");
Together referred to as the "Parties" and separately as a "Party" ;
These General Terms and Conditions constitute the sole basis of the commercial relationship between the Parties and are intended to set the terms and conditions of use of the Game by Users, of the services offered by the Company, as well as to define the rights and obligations of the Parties.
These Terms and Conditions apply, without restriction or reservation, to all Services, as defined in Article 3 hereof, rendered by the Company to Users ("Services").
Any use of the Game by a User entails unreserved acceptance of and commitment to abide by all of these General Terms and Conditions. To this end, the User declares that he/she has read and accepted these General Terms and Conditions before creating his/her personal space on the Game.
The Company reserves the right, at its sole discretion, at any time and without notice, to modify the Site or these General Terms and Conditions.
In the event of modification of these General Terms and Conditions, the modification will be published on the Site and a notice of modification will be published on the Site for Users. Use of the Site following modification of the General Terms and Conditions shall constitute acceptance by the User of the modified General Terms and Conditions.
ARTICLE 2 - Definitions
Buyer
As defined in article 6.4 hereof;
Alpha Test
As defined in Article 4 hereof;
Database
As defined in Article 8.2 hereof;
Blockchain
Refers to a computer protocol whose validation consensus is operated in a decentralized manner. A blockchain is a technology for storing and transmitting information, transparent, secure, and operating without a central control body. This term should be used in the sense of a "shared electronic recording device" (DEEP) within the meaning of Ordinance n°2017-1674 of December 8, 2017 and Decree n°2018-1226 of December 24, 2018 ;
Private key
A cryptographic key enabling a blockchain user to initiate a transaction by cryptographically signing his message. This private or backup key is known only to the user. The storage and use of the private key is the sole responsibility of the User;
Public Key
A key used as an address on a blockchain. Known to all, it enables a sender to designate a recipient in the context of a digital asset transaction;
General Conditions
Refers to the present General Terms and Conditions;
Personal data
Means, within the meaning of the RGPD, any information relating to an identified or identifiable natural person (an identifiable person being a person who can be identified, directly or indirectly, in particular by reference to a name, an identification number, an online identifier or a specific feature specific to his or her physical or mental identity) ;
Intellectual Property Rights
Refers to all intellectual property rights of any kind, including, but not limited to, patents, trademarks, service marks, registered designs, design rights, copyrights, rights to confidential information, know-how and domain names and all similar rights located in any country, as well as applications for any of the above and the right to apply for any of these rights in any part of the world;
Auctions
As defined in article 3.4 hereof;
Force majeure
As defined in article 1218 of the French Civil Code and article 16 hereof;
Fork
Refers to the division of the Blockchain into two distinct blockchains
Gas fees
Token
Refers to the division of the Blockchain into two distinct blockchains;
Has the meaning given to it in article 7.2 hereof;
As defined in the preamble hereto;
Game
Has the meaning given to it in the preamble hereto;
Marketplace
MFF LABS
As defined in article 3.4 hereof;
As defined in article 1 hereof;
Mint
As defined in article 3.4 hereof;
NFTs
Has the meaning given to it in the preamble hereto;
NFTs Bâtiment
Has the meaning given to it in article 3.2 hereof;
NFTs Players
Party
As defined in article 3.2 hereof;
As defined in article 1 hereof;
First Holder
As defined in article 3.4 hereof;
Rendement Numérique
As defined in article 7.2 hereof;
Services
As defined in Article 1 hereof;
Third Party Services
As defined in article 3.1 hereof;
Site
Has the meaning given to it in the preamble hereto ;
Smart Contract
As defined in article 3.2 hereof;
Company
As defined in Article 1 hereof;
Staking
As defined in article 3.3 hereof;
User
As defined in Article 1 hereof;
Vendor
As defined in article 6.4 hereof;
Sale
As defined in article 6.4 hereof;
Wallet
As defined in article 6.1 hereof;
Whitepaper
As defined in article 3.2 hereof;
$MFF
Has the meaning given to it in the preamble hereto.
ARTICLE 3 - Services offered
3.1 - Free provision of the Website
The Company provides Users with the Website giving access to the Game free of charge.
The Site is accessible at the following address: mff.game
The Site includes all the Services associated with the Game. It is from the Site that Users can build their virtual club, compete against other players and also acquire, collect, exchange and win NFTs and $MFF.
The Site may contain links and references to sites, services and platforms not operated by MFF LABS. These platforms may provide additional services, such as the purchase of digital assets for legal tender ("Third Party Services").
These Third-Party Services are governed by the terms of use and sale of the relevant Third-Party Services providers, under their sole responsibility.
The Company cannot be held liable in any way for the failure of Third-Party Services, for the lack of availability, or for the services, content, products or goods available via these Third-Party Services.
Users are invited to consult the terms of use and sale as well as the privacy policy of the Third-Party Services concerned for further information.
3.2 - NFTs
Playable elements in the Game are represented by non-fungible tokens thanks to Blockchain technology.
These NFTs are deployed thanks to a Smart Contract corresponding to a protocol recording the metadata of the underlyings associated with them (the "Smart Contract").
The Smart Contracts supporting the NFTs used by the Game are deployed on the ETHEREUM Blockchain prior to the Game's development on the blockchains.
The standard used by the NFTs deployed in the Game is ERC-1155.
The Game features two types of playable elements in the form of NFTs: (i) players and (ii) buildings.
i. Player NFTs
Player cards come in six categories: common, uncommon, rare, epic, legendary and mythic. Depending on the card's category, its rarity varies (the "NFTs Players").
As such, a common card is available in 800 copies; an uncommon card in 400 copies; a rare card in 200 copies; an epic card in 100 copies; a legendary card in 10 copies and a mythical card in a single copy.
Each card has its own characteristics: defense, attack, goalkeeping, technique/dribbling, speed, shooting, fatigue, morale, health, potential and age.
These characteristics are intended to evolve within the framework of the Game.
ii. The building NFTs
The Game also allows Users to develop the infrastructures of their virtual club. To this end, buildings are represented in the form of NFTs (the "NFTs Buildings").
There are four types of NFT building: the youth training center, the care and research center, the training center and the legendary temple. Each building has its own purpose in the game.
The characteristics of each NFT Building are developed in the white paper (the "Whitepaper") of the Game available at the following address:
3.3 - Jetons $MFF
The Game relies on its own economic system, the main resource of which is the $MFF Token.
The Token allows Users to purchase NFTs from the Game, develop their virtual club infrastructures and participate in tournaments in the Game.
More specifically, the Game provides the possibility for Users to stash the Tokens they hold in order to obtain more Tokens (the "Staking"). Staking makes it possible to reward Users' involvement in the Game.
The $MFF can also be used to purchase Building NFTs.
Each Building NFT has its own specific characteristics, as detailed in the Whitepaper.
Finally, holding the Token allows players to participate in decisions regarding the future of the Game.
3.4 - Marketplace
The Game allows Users to exchange Players via an integrated exchange platform (the "Marketplace").
The Marketplace also enables the first registration of an NFT in the Blockchain (the "Mint").
The User who performs the Mint is referred to as the "First Holder".
The Marketplace enables exchanges between Users, the placing of bids ("Auctions") on NFTs offered on the Marketplace and the exchange of NFTs for $MFF.
ARTICLE 4 - Availability of the Site and Services
User access to the Site is via the URL: https://mff.game/fr.
The Site and associated Services are accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control or will of MFF LABS, and subject to any breakdowns and maintenance and updating operations necessary for the proper functioning of the Site and the provision of Services.
The User is informed that the Site and Services may be suspended at any time, without notice and without any compensation being due to the User, in order to carry out such maintenance and updating operations.
In the event that a malfunction or anomaly hinders the proper functioning of the Site or the provision of Services, MFF LABS undertakes to carry out the necessary repairs to restore the Site and/or Services as soon as possible.
It is specified that the Game is currently available in a development version ("Alpha Test"). Also, MFF LABS reserves the right to modify, suspend or interrupt any functionality or Services, permanently or temporarily at the Company's sole discretion and without incurring any liability to Users.
MFF LABS shall in no event be liable for any failure, unavailability or malfunction of any Third Party Services, including but not limited to the ETHEREUM Blockchain or the Blockchains. MFF LABS is in no way responsible for the impossibility for a User to access the NFTs it holds in the event of a failure of the Third-Party Services.
Due to the cross-border nature of the Services offered by the Company, the latter may provide Services to foreign Users.
However, it is specified that the Site and Services are not available:
● to users, nationals natural persons or legal entities countries on which the United States government, the European Union and/or the United Nations have imposed an embargo as well as any jurisdiction under FATF supervision).
● Users subject to restrictions by the government of the United States, the European Union or the United Nations (including nationals specially designated by the United States government "Specially Designated National").
This list is not exhaustive, and the Company reserves the right to exclude any User from a jurisdiction whose regulations would prohibit the operation, deployment and use of the Site or Services.
ARTICLE 5 - Conditions of access to the Services
In order to register on the Site and access the Services, the User must meet the following cumulative conditions:
● In the case where the User is a natural person, be of legal age according to the laws in force in the User's country ;
● In the case where the User is a legal entity, fill in all information relating to the legal entity ;
● Fill in true, accurate, complete and up-to-date information in his/her personal space ;
● Accept the present General Conditions.
The User undertakes to provide, on first request, all supporting documents required by the Company.
The Company reserves the right to accept or refuse, without reason and at its sole discretion, any registration on the Site and to suspend and/or delete the personal space of any User who fails to comply with these General Conditions.
Should a User provide false information, the Company may immediately, without notice or compensation, suspend and/or terminate his/her personal space.
ARTICLE 6 - Operation of the Site and Services
6.1 - Possession of a Wallet
In order to access the Game features, the User must have a digital wallet ("Wallet ") associated with a private ("Private Key") and public ("Public Key") cryptographic key.
This Wallet is used to store the NFTs and $MFFs required to use the Services.
To date, Users can use the following Wallets: EVM compatible wallet
It is specified that the Company does not hold the Users' cryptographic keys. Users are therefore solely responsible for the use of their Wallets.
In this respect, the Company cannot be held responsible for the loss of cryptographic keys associated with Users' Wallets.
6.2 - Purchasing an NFT
The Game relies on two categories of NFTs: (a) Player NFTs and (b) Building NFTs.
The NFTs developed by the Company meet the ERC-1155 standard. Smart Contracts associated with NFTs are deployed on the ETHEREUM blockchain.
a. Player NFTs
Users make the Mint of Player NFTs from the Marketplace.
The rarity of Player NFTs influences the price of the Mint.
The price of common, uncommon, rare, epic and legendary Player NFTs is indicated on the Site at https://mff.game/your-champions.
Mythical Player NFTs are sold by auction. During the auction, Users have the opportunity to propose a purchase price. The User with the highest bid wins the Legendary Player NFT at the end of the Auction.
The Marketplace also offers Users the possibility of auctioning their Player NFTs. The initial auction price is set by the NFT seller. The seller also determines the duration of the Auction, between 1 and 5 days.
Auction terms and conditions are specified on the Site at the following address: https://mff.game/your-champions
It is specified that the Player NFTs are fun elements associated with the Game. As such, Player NFTs cannot be considered as investment tools and/or tools for realizing capital gains.
Furthermore, it should be noted that the Company is a third party to the sales contract concluded by Buyers and Sellers on the Marketplace. The Company's role is solely to ensure the connection between Buyers and Sellers on the Marketplace. As such, the Company cannot be held liable for any dispute between a Buyer and a Seller relating to a Sale made via the Marketplace.
b. Building NFTs
Unlike Player NFTs, Building NFTs are not available via a marketplace, but can be unlocked by the user themselves in return for progress in the game (victories in matches, competitions, and/or unlocking other buildings), and/or blocking a defined amount of $MFF. Details of how to unlock NFT buildings can be found in the MFF white paper.
6.3 - Purchase of $MFF Tokens
The $MFF Token represents the medium of exchange for Player NFTs and Building NFTs.
Users are not yet able to purchase $MFF via any platform.
On the other hand, they can also acquire $MFF from the Game in several ways:
- Win matches against other Users ;
- Sell, rent or loan players ;
- End a championship season on the podium ;
- Sell tickets; and
- Get revenue from sponsors and merchandising.
6.4 - Marketplace
Users have the possibility of selling ("Sellers") their Player NFTs on the Marketplace to other Users ("Buyers").
It is specified that in the context of sales (the "Sale" or "Sales") of Player NFTs between Sellers and Buyers, the Company is in no way a party to the Sale.
Users are solely responsible for Sales.
ARTICLE 7 - Financial terms
7.1 - Use of the Site
Use of the Site is free of charge for Users.
The Company does not charge any fees or commissions.
7.2 - Sale of NFT by the Company.
- Initial sale of NFT (i.e. primary market)
Each NFT sold by the Company is exchanged, at the Mint, for one or more Jetons $MFF under the conditions of article 6.2 herein.
Due to the nature of the Blockchain technology used as part of the Services, the User acknowledges and accepts the irreversible nature of the transaction. Indeed, as soon as the transaction is recorded, the data associated with the payment of NFTs in $MFF are irreversibly integrated into the Blockchain.
It is reminded that the completion of a transaction entails fees related to the registration of the transaction in the Blockchain (the "Gas fees").
It is expressly agreed between the Parties that the Gas fees are fully borne by the User.
Furthermore, it is specified that the procedure for exchanging NFTs for $MFF Tokens is carried out using the MFF platform deployed on the Blockchains, which is duly authorized to provide this service.
As such, the Company shall not be held liable in the event of any malfunction related to the use of the Third-Party Service.
Secondary sale of the NFT (i.e. secondary market)
A numerical yield corresponding to 5% exclusive of tax is deducted by the Company from the total amount of the sale of the NFT on the secondary market (the "Numerical Yield").
The Company undertakes to pay 2.5% exclusive of tax of the total amount of the sale of the NFT on the secondary market to the First Holder of the NFT.
ARTICLE 8 - Intellectual Property
The Company is the owner of all Intellectual Property Rights pertaining to textual, graphic, sound, video and software elements, with the exception of computer code developed under a restrictive software license, or any other element making up the Site.
In the current state of knowledge, the Company considers that its creations may be used without authorization from third parties, particularly, but not exclusively, in terms of Intellectual Property Rights and representation.
Users undertake not to infringe the Intellectual Property Rights of MFF LABS.
No functionality linked to the Services or to the Site may be used by Users with the purpose or effect of infringing the Intellectual Property Rights attached to the Services, to the Site and to the elements of which it is composed.
In this respect, Users expressly undertake:
- To strictly use the Site for the sole purpose of benefiting from the Services;
- A not to infringe the Intellectual Property Rights held by MFF LABS on its Site, the elements that make it up, its brands, nor those held by Third Party Services on the elements they put online on the Site by means of the Services ;
- Not to reconstitute, attempt to reconstitute or help to reconstitute, from the Site or any of its elements, a site or a service aimed at offering directly or indirectly, free of charge or against payment, a service identical or comparable, in whole or in part, to the Services ;
- Not to decompile or carry out any reverse engineering maneuvers on the elements of the Site or any of its elements ;
- To preserve the confidentiality of its identifiers, cryptographic keys and to take all measures to ensure that no third party, in any capacity whatsoever, has access to its identifiers, cryptographic keys and can irregularly access all or part of the Services.
8.1 - Intellectual Property on MFF NFTs
When NFTs are Minted, the User becomes the owner of the Minted NFT(s).
Nevertheless, it is expressly agreed between the Parties that the Intellectual Property Rights attached to them remain the exclusive property of the Company.
If any right, title or interest in the NFTs created by the Company is not deemed to be automatically and exclusively acquired by the Company, the User, agrees to assign, without consideration and irrevocably to the Company such right, title or interest and will take all actions reasonably requested by the Company that may be necessary to enforce such right, title or interest.
The Company grants to the User, free of charge and on a non-exclusive basis, the economic exploitation rights pertaining to the NFTs created within the framework of the Mint, for the entire world, for any destination and for the entire legal duration of protection of the rights under the applicable law, and in particular, without limitation, the right to display, transmit, store, represent, distribute and use the NFTs created within the framework of the Mint, in any form, on any medium and by any means, present or future.
Furthermore, it is expressly forbidden for the User, unless expressly authorized in writing by the Company, to perform or attempt to perform the following operations on the NFTs:
- Use of the NFT for commercial purposes, for advertising purposes, for promotional purposes of a Third Party product or Service ;
- The marketing of goods and services, physical or digital, representing the NFTs ;
- The alteration of data associated with NFTs ;
- The assertion of any intellectual property rights associated with the NFTs; and
- The use of the NFTs and the elements associated with the NFTs in connection with any content that is hateful, intolerant, violent or could reasonably be considered hate speech, defamation or any infringement of the rights of others.
8.2 - Restrictions on the Company's databases.
The Company protects and enhances its data within databases (the "Database").
In accordance with Article L.342-1 of the French Intellectual Property Code, MFF LABS prohibits the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its Databases onto another medium, by any means and in any form whatsoever.
MFF LABS also prohibits the reuse, by making available to the public, of all or a qualitatively or quantitatively substantial part of the content of its Databases, in any form whatsoever.
There are no exceptions to these prohibitions, unless expressly provided otherwise in writing by the Company.
ARTICLE 9 - No provision of a regulated service
It is expressly stated that the Services do not fall into any regulated service category.
Consequently, the Company does not carry out any regulated activity via its Services, as qualified by banking and financial law as canvassing, banking services, investment services, digital asset services or payment services.
More specifically, the Company:
- does not carry out any banking and financial canvassing activity relating to the exchange service. Consequently, it is neither registered nor authorized as a direct seller to carry out a banking and financial direct selling activity within the meaning of the French Monetary and Financial Code ;
- does not provide any payment services within the meaning of the French Monetary and Financial Code. Consequently, it is not approved as a payment service provider;
- does not provide any services on digital assets within the meaning of the French Financial Monetary Code. Consequently, the Company is not registered or approved as a digital asset service provider.
Lastly, the Company does not provide any investment or investment-related services as defined by the French Monetary and Financial Code.
ARTICLE 10 - Liability
The Company complies with the legal and regulatory obligations applicable to it in providing the Services.
Users are solely responsible for any direct prejudice they may cause as a result of inaccurate, incomplete and/or misleading information they provide when using the Services, or in the absence of updating of such information, which Users fully acknowledge.
Furthermore, Users are solely responsible for all content they choose to publish on the Site, as the Company does not control the content before it is put online.
Only the User is considered the author of the content of his or her profile, and this content remains under his or her sole and entire responsibility. In the event that the User provides false, inaccurate, inappropriate or illicit information, the Company will not incur any liability whatsoever.
The Company shall not, moreover, be held liable for having made it impossible to access content, of any nature whatsoever, published by a User and manifestly presenting an illicit nature.
Please note that the Site is in Alpha Test. The Site and Services are therefore provided "as is". The Company may not be held liable for any malfunction of the Site or Services, such as, in particular, a lack of availability.
It is specified that the Company is bound by an obligation of means for the provision of the Services and, more generally, for the performance of these General Terms and Conditions.
Furthermore, the User declares that he accepts the characteristics and limits of an online service and, in particular, acknowledges:
- That he/she is aware of the hazards of providing online services;
- That it is his/her responsibility to take all necessary measures to ensure that the technical characteristics of his/her computer, cell phone and/or computer network, allow him/her to use the Services and access the Site ;
- That he acknowledges that he is solely responsible for his Internet access; and
- That it is his or her responsibility to take all appropriate measures to protect his or her own data and/or software from contamination by any viruses circulating on the Internet or contracted by any other electronic means.
Also due to the nature of the Services offered by the Company, namely the provision of Services relying on Blockchain technology, the Company cannot be held liable in particular in the following cases:
- Failure or alteration of the blockchain used by the Company ;
- Fork in the blockchain used by the Company ;
- Sudden disappearance from the network; and
- Loss or alteration of the user's Wallet.
This clause shall survive the cessation of use of the Services for any reason whatsoever.
- Limitation of liability in connection with the use of the Sale between Buyers and Sellers on the Marketplace
The User accepts and acknowledges that he/she alone is responsible for transactions carried out on the Marketplace. In this respect, the Company cannot be held liable for any damage caused by the sale, purchase, price or any other element involved in a transaction between Users on the Marketplace.
ARTICLE 11 - Non-application of the Consumer Code
11.1 - Legal warranty of conformity
MFF LABS is bound by the legal warranty of conformity when selling NFT in accordance with article L.217-1 of the French Consumer Code. In this respect, Users have the right to bring an action under the legal warranty of conformity within two (2) years of delivery of the NFT to the User's Wallet. The User is exempt from having to prove the existence of a lack of conformity during the twenty-four (24) months following delivery of the NFT. In the event of a lack of conformity, the User may demand that the NFT be brought into conformity by replacing it or, failing this, by reducing or cancelling the sale, in accordance with the legal conditions. The NFT will be brought into conformity within a period not exceeding thirty (30) days following the User's request. The User accepts and acknowledges that the non-conformity of the NFT cannot be invoked in the case of defects caused independently of the Company's will.
The $MFF token, as a digital asset, is not concerned by the legal warranty of conformity in accordance with article L.224-25-3 of the French Consumer Code, which the User accepts and acknowledges.
11.2 - No right of withdrawal
The use of the Site and Services does not give rise to the benefit of the right of withdrawal for the User insofar as the Services constitute a "provision of services fully executed before the end of the withdrawal period (...)".as well as the "provision of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional likely to occur during the withdrawal period " (Article L.221-28 of the French Commercial Code).
ARTICLE 12 - Hypertext links
The creation by the User of any hypertext links to all or part of the Site is strictly forbidden, except with the prior written authorization of the Company, requested in advance by e-mail to the following address: info@mff.game.
The Company is free to refuse such authorization without having to justify its decision in any way whatsoever. Should the Company grant its authorization, it is considered temporary and may be withdrawn at any time, without any obligation on the part of the Company to justify its decision. Any link must then be withdrawn on simple request.
Any information accessible via a link to other sites is not under the control of the publisher, who declines all responsibility for their content.
ARTICLE 13 - Knowledge of risks by the User
13.1 - Risks incurred by the User
It is the User's responsibility to take all appropriate measures so as to protect, against any attack, his/her own data and/or software stored on the hardware used in connection with the use of the Site and Services.
The User acknowledges that he/she alone is responsible for any consequences that may arise from his/her use of the Site or Services.
13.2 - Risks related to the use of the Internet network
The User declares that he/she is aware of and accepts the limits and problems of the Internet network, for which the Company cannot be held liable.
The User acknowledges that he/she has been informed of:
- the characteristics and limitations of the Internet network, and in particular the functional characteristics and technical performance of the Internet network ;
- the unreliability of the Internet network, particularly due to the lack of security in data transmission and the absence of any guarantee of performance concerning the volume and speed of data transmissions ;
- that the integrity, authentication and confidentiality of information, files and data of any kind that the User wishes to exchange on the Internet network cannot be guaranteed on this network ;
- problems related to connection and/or access to the Internet network ;
- problems related to network availability and congestion ;
- problems related to network failure or saturation ;
- problems related to transit time, access to information put online, response times for displaying, consulting, querying or otherwise transferring data ;
- risks of interruption to network operation ;
- risks of contamination by any viruses circulating on said networks.
- risks of interruption in the operation of the network ;
- risks of contamination by any viruses circulating on said networks.
13.3 - Risks associated with the use of Blockchain
The User acknowledges that it is aware of the risks associated with the use of Blockchain technology and other technologies mentioned below:
- Legal risk;
- Risk associated with Blockchain technology;
- Risk of unfavorable regulatory action, position or change in one or more jurisdictions ;
- Risk of theft or piracy ;
- Risk related to a lack of security of any website or associated computer program ;
- Risk of a lack of security or exploitation in the field of cryptography ;
- Risk of a computer attack on the Blockchain ;
- Risk of malfunctioning of the Blockchain ;
- Risk of information transmission via the Internet ;
- Unanticipated risk ;
- Risk of unpredictable events ;
- Risk of lack of interest in the Blockchain employed ;
- Risk of development related to Blockchain not conforming to expectations ;
- Industrial risks linked to the absence of a track record in an evolving industry.
Accordingly, the Company cannot be held liable in the event of the occurrence of any of these situations.
ARTICLE 14 - Obligation to monitor transactions
The user must regularly verify the accuracy of all transactions made via his Wallet when using the Services.
ARTICLE 15 - Personal data
In order to enable Users to use the Services, the Company carries out processing of personal data within the meaning of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of data (RGPD).
15.1 - Identification of the controller and processor
When it carries out the processing of Users' Personal Data, the Company acts as data controller within the meaning of the RGPD. In this capacity, the Company determines the purposes and means by which Personal Data is used.
In the context of the use of the Site and Services, MFF LABS acts alone as the data controller.
15.2 - Nature and origin of the Personal Data collected
In order to enable use of the Site and Services, the Company collects Personal Data from Users.
The Personal Data processed by MFF LABS when using the Site and Services are as follows:
- Data relating to browsing on the Site (timestamp, IP address of Users, technical data relating to the equipment and browser used by Users, cookies ;
- User's e-mail address ;
- Public address of User's Wallet ;
- User Wallet balance;
- User's identity.
It is specified that Personal Data collected from a Blockchain service is subject to strong pseudonymization. The Company takes the utmost care to preserve the pseudonymity of Users.
15.3 - Cookies
It is specified that for the purposes of the proper functioning of the service, the Company may resort to the use of cookies, in particular to store the public address of the user's Wallet.
15.4 - Purpose and legal basis for the collection of Personal Data
The User is informed that the processing of Personal Data by the Company, as part of the Use of the Services, is necessary for the provision of said Services.
As such, the processing meets the following purposes:
- Access to and use of the Services ;
- Purchase of $MFF tokens; and
- Purchase and Sale of NFTs.
The processing of the User's Personal Data is justified by the legitimate interest of the data controller in accordance with Article 6.1.f of the RGPD.
It is specified that the User's Personal Data may be transmitted to certain entities (the Commission Nationale Informatique et Libertés for example) with access expressly authorized by law.
15.5 - Storage period
Users' Personal Data is kept for the time necessary for the User to use the Site and Services.
At the end of a period of six (6) months following the closure of the User's account or five (5) years without the User having made any use of the Game, the User's Personal Data will be deleted.
The User acknowledges and accepts that his/her Personal Data recorded in the Blockchain cannot be deleted.
15.6 - Rights of persons concerned
MFF LABS implements all appropriate technical and organizational measures in order to guarantee an appropriate level of security in the processing of Personal Data collected from Users.
In this respect, MFF LABS undertakes to notify any violation of this Personal Data to the persons concerned within seventy-two (72) hours.
In accordance with current legislation, the User has the following rights:
- Right of access and rectification ;
- Right to erasure ;
- Right to limit the processing of Personal Data ;
- Right to object to the processing of Personal Data.
The Company guarantees Users the possibility of addressing any questions, comments, or complaints relating to the protection of their Personal Data. Users are invited to contact the Company at the following address: info@mff.game
MFF LABS reserves the right to verify the identity of the User making a request for rights to Personal Data. The User's data will be deleted once the request has been processed.
With regard to the processing of User data by Third-Party Services, Users are invited to read the general terms and conditions of the Third-Party Services.
In accordance with applicable law, the User may lodge a complaint concerning the respect of his/her rights with the CNIL (https://www.cnil.fr/fr/plaintes).
ARTICLE 16 - Force majeure
In the event of Force Majeure preventing the Company from fulfilling its obligations, the application of the present General Terms and Conditions will be immediately suspended, as from the notification made by the Company to the User, by any means, of the Force Majeure.
In addition, the Company will inform the User of the cessation of the Force Majeure event, and performance of the present General Terms and Conditions will then resume immediately on the date of such notification, unless the Parties agree otherwise.
If such an event continues for more than two (2) months after the date of notification, the present contract will be considered terminated ipso jure.
In particular, the following shall constitute an event of Force Majeure:
- Computer hacking of the Site ;
- Magnetic fields ;
- Acts of terrorism;
- The act of a third party (failure of the Internet Service Provider (ISP), failure of the Blockchain on which the Game is based, failure of an API of a Third Party Service linked to the Game).
ARTICLE 17 - User warranty
The User warrants the Company against the consequences of any and all complaints, claims, actions and/or demands that the Company may suffer as a result of the User's breach of any of its obligations or warranties hereunder.
The User undertakes to compensate the Company for any prejudice it may suffer and to pay any costs, charges and/or fines it may incur as a result.
ARTICLE 18 - User sanctions
In the event of a breach by a User of any of the provisions of the General Terms and Conditions or, more generally, in the event of an infringement of the laws and regulations in force, the Company reserves the right to take any appropriate measure and, in particular, to suspend or terminate access to the Services of the User who has committed or participated in the breach or infringement, to notify any authority concerned, and to take any legal action against the User.
ARTICLE 19 - Violation of security
In the event that the User believes that his/her Wallet or security information has been compromised or if he/she becomes aware of fraud, attempted fraud or any other security incident (including a computer attack) concerning his/her Wallet and/or the Site, he/she shall notify the Company without delay by any means and shall continue to provide accurate and up-to-date information for the duration of the security breach.
The User shall take all measures reasonably required by the Company and of which the Company shall inform the User in order to reduce, manage or report any breach of security.
ARTICLE 20 - Complaints
The User must notify the Company of any dispute or request relating to a malfunction of one of the functionalities of the Services within five (5) calendar days from the date on which the User became aware of the malfunction or within any longer period provided for by the specific provisions or by law.
This notification may be sent by e-mail to the following address: info@mff.game
This objection must mention any errors or mistakes observed in the use of the Services.
ARTICLE 21 - Duration and termination
The present contract is concluded for an indefinite period from the date of acceptance of the General Terms and Conditions by the User.
The Parties may terminate the present General Terms and Conditions at any time by giving thirty (30) days' notice, after informing the other Party by e-mail or by registered letter with acknowledgement of receipt. In the latter case, the period of notice shall commence upon receipt of said letter.
In the event of failure by the User to comply with these General Terms and Conditions, in particular by failing to provide the information required for the proper use of the Services, or in the event of failure to comply with the laws and regulations in force, and five (5) days after being informed by any means whatsoever by the Company, the latter shall be entitled to suspend or restrict access to the Services for the User, automatically and by operation of law, without prejudice to any damages that the Company may be entitled to claim.
ARTICLE 22 - Applicable law and jurisdiction
The present CGVU are governed by French law.
Except in the event of an imperative provision to the contrary and in the absence of an amicable agreement between the parties, any dispute relating to their performance, interpretation or validity, shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Versailles Court of Appeal.
ARTICLE 23 - Disputes
In the event of a dispute, the Parties respectively undertake to find an amicable solution to the dispute within thirty (30) days.
To this end, the User is invited to address his complaint to MFF LABS in writing at the following address: info@mff.game
Furthermore, in accordance with article L.612-1 of the French Consumer Code, the User, as a consumer, has the possibility of resorting to conventional mediation, in particular with the Commission de la médiation et de la consommation.
Also, in the absence of an amicable settlement of the dispute, the User may refer the matter to the following Consumer Mediator: Medicys.
If the case is admissible, the dispute will be handled by the Consumer Mediator. If amicable settlement and mediation fail, Article L.141-4 of the French Consumer Code states that "the consumer may bring the matter, at his or her choice, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, the court of the place where he or she lived at the time the contract was concluded or the harmful event occurred".
ARTICLE 24- Languages
These General Terms and Conditions are drawn up in the French language.
Should they be translated into one or more languages, only the French text will prevail in the event of a dispute.
