WEBSITE TERMS OF USE

MetaFrames Limited is a company registered in the UK under company number 12674495, with its registered office at 180 The Strand, 2nd Floor, London, England, WC2R 1EA and with VAT number 375534868 (the “Company”). The Company operates the Site: http://www.metaframes.io/ (the “Site”).

  1. Understanding these terms of use
    • These terms of use (these “Terms“) describe how you may access and use the Site.
    • When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
    • In these Terms, when we refer to “we“, “us” or “our“, we mean the Company; and when we refer to “you” or “your” we mean:
      • you, the person accessing or using the Site; and
      • where applicable, the business on whose behalf you are acting.

Please note:

  • if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a “consumer”; or
  • if you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business (a “Business User”).
  • If you are acting on behalf of your employer or another business when you access and use the Site, you represent and warrant that:
    • you have full legal authority to bind your employer or that business; and
    • you agree to these Terms on behalf of the business that you represent.
  • Please note that certain functions made available on the Site are governed by additional terms and conditions, including the NFT Terms (which incorporate the Prize Competition Terms and Conditions). In the event of any conflict between these Terms and the NFT Terms, the NFT Terms shall apply.
  • In addition to clause 3 above, please note that:
    • the Site uses cookies, the use of which are governed by our cookies policy (available here); and
    • we only use your personal information in accordance with our privacy policy (available here).
  1. The Site
    • The Site is made available free of charge. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. We may update the Site and/or change the content on it at any time.
    • You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.
    • The Site and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
    • You may not use the Site if you:
      • do not agree to these Terms;
      • are not of the age of majority in your jurisdiction of residence; or
      • are prohibited from accessing or using this Site or any of this Site contents, products or services by applicable law.
  1. Acceptable use

General

  • You agree not to:
    • use the Site in any way that breaches these Terms or any applicable local, national or international law or regulation;
    • copy, or otherwise reproduce or re-sell any part of the Site unless expressly permitted to do so in these Terms; or
    • do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Site or any equipment, network or software used in operating the Site.

User Generated Content

  • If it is the case that you supply/upload any content to the Site – whether it be pictures, text, sound or video recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
    • it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
    • it must not harass or bully another person;
    • it must be true and honest so far as you know;
    • it must not be defamatory of anyone;
    • it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
    • it must not contain someone else’s personal details or confidential information relating to other people; and
    • it must not promote or condone terrorism, violence or illegal behaviour.
  • We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
  • In addition, we may from time to time provide interactive services on the Site that shall enable you to upload User Generated Content, including, without limitation:
    • comment and chat facilities;
    • Gaming functionality; and/or
    • virtual art galleries,

(together “Interactive Services“).

  • Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.

Viruses

  • We do not guarantee that the Site will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and we recommend that you use your own virus protection software.
  • You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
  1. Intellectual property
    • We are the owner or licensee of all intellectual property rights in the Site and its content, the MetaFrames name and mark and MetaFrames products and service. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
    • You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and/or the NFT Terms.
    • Other than as permitted under the NFT Terms, no part of the Site, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
    • Any communications or materials you send to us through the Site by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Site to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
  2. Our liability
    • Nothing in these Terms excludes or limits our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation; and
      • any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
    • The limitations of liability given at clauses 4 and 5.6 are without prejudice to any liability provisions given in the NFT Terms or the Prize Competition Terms and Conditions that shall govern any liability arising under those terms.
    • We assume no responsibility for the content of websites linked to from the Site (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

If you are a Business User

  • If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 6.1:
    • in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
    • our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
  • You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.

If you are a consumer

  • If you are acting for purposes that are wholly or mainly outside you trade, business, craft or profession then, save as set out in clause 6.1, the following sub-clauses apply.
    • Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
    • You agree not to use the Site, or any content on the Site, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
  1. Suspension and termination
    • If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
      • issue a warning to you;
      • temporarily or permanently remove any User Generated Content uploaded by you to the Site;
      • temporarily or permanently withdraw your right to use the Site;
      • issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
      • take further legal action against you; and/or
      • disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
  1. Changes to these Terms
    • We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Site.
  2. Other important information
    • Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  3. Governing law and jurisdiction
    • These Terms are governed by the laws of England and Wales. This means that your access to and use of the Site, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law. 
    • You can bring proceedings in respect of these Terms in the English courts. If you are a consumer, you may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or is an EU Member State, or otherwise the competent court of England.
    • However, as a consumer, if you live in another European Union member state you can bring legal proceedings in respect of these Terms in either the English courts or the courts of that Member State.
    • As a consumer, if you are resident in the UK or the European Union and we direct this Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 1, affects your rights as a consumer to rely on such mandatory provisions of local law.
  4. Contacting us­­­

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:

Address:                      180 The Strand, 2nd Floor, London, England, WC2R 1EA

Email address:             hello@metaframes.io

Telephone number:       07848 475 592

 

Thank you.

Terms last updated 22 July 2022