TERMS OF USE OF METAHYPE METAVERSE

  1. Introduction

 

SEAT, S.A.U. (hereinafter, “METAHYPE”) is a Spanish company, with registered office at Martorell (Barcelona), Autovía A-2, Km. 585, with Spanish Tax Identification Number (N.I.F) A-28049161, duly registered in the Commercial Registry of Barcelona, General Volume 23662, folio 1, Page number 56855 whose contact email is: customercare@cupraofficial.com

 

METAHYPE is adhered to the code of conduct of SEAT Group, available here.

 

METAHYPE and/or its licensors are the holder of all intellectual and industrial property rights or any other rights over the technology, software, design, trademarks, distinctive signs and multimedia content included in the metaverse platform “Metahype” (hereinafter, “Platform”).

 

The present terms of use (hereinafter, “Terms of Use”) regulate the access and use of the Platform by the users (hereinafter, the “User/s”), and shall be complemented with any other applicable legal text regulating any functionality, service, application, platform or other means necessary for the use of the Platform or included in it.

 

To access the Platform, Users must be aged 18 or more.

 

  1. Purpose and scope

 

The Platform provides a virtual universe or metaverse where Users, through their Avatars, will be able to interact, participate and co-create with other Users, as well as to access to different immersive experiences provided by METAHYPE and other third parties.

 

In this regard, METAHYPE grants to the Users a non-exclusive, non-sub-licensable, non-transferable license for the use of the Platform, content and other features available in such Platform, which will be subject to the terms set forth in the present Terms of Use, as well as to any other terms of use and applicable legislation.

 

The User may access to islands or districts within the Platform, offered by third parties. The use of such third party districts may be governed by particular terms of use, or other legal texts, that the User should read and accept.

 

  1. Registration

 

Access to the Platform is free of charge. To be able to use the Platform, the User must first successfully register by creating a user account (the “User Account”). To this end, Users must complete the form provided.

 

By creating the User Account, the User must accept the present Terms of Use and any other conditions of use of the service or privacy and cookie policies that may apply.

 

The User agrees to keep his/her log-in details secret and to store them in such a way that third parties are unable to access them. METAHYPE is not responsible for any damage caused as a result of choosing an inappropriate password or failing to protect the password correctly, which will result in a breach of the Terms of Use, nor for any damage caused by third parties having access to the Users´ User Account irrespective of whether they are authorized by the User in question or not.

 

During registration process, the User will get his/her own Wallet (see section 5 below).

 

In case that the User enters to the Platform as “guest user”, he/she will only be able to use a few features available for guest users, always according to this Terms of Use.

 

  1. Creation of Avatars

 

To navigate through the Platform, Users must create an avatar of themselves (“Avatar”). Avatars are provided through the online tool “Ready Player Me” framed into the Platform. This tool is provided by Wolfprint 3D OÜ, not by METAHYPE. Therefore, to create their Avatar, Users must read and accept, being subject to, the Ready Player Me Terms of Use and Privacy Policy.

 

  1. Wallet

 

Once registered, Users will have an electronic wallet (“Wallet”) accessible from their User Account where they will receive his/her NFT “Metahype Passport. The NFT “Metahype Passport” will evolve with the activity and participation of the User within the Platform and can be used in the Platform only. The “Metahype Passport” cannot be exchanged or transmitted to others neither be transferred outside the Platform.

 

It is important that the User keeps and remembers the pin (passphrase) introduced during the process of creating the Wallet, since recovering it would not be possible. Also, the User should keep its pin as confidential information and not disclose it to any other person. The Wallet is owned by the User only and METAHYPE has not any right or obligation regarding the Wallet.

 

  1. Users´ commitments

 

The User accepts to comply with this Terms of Use and to act at all times in accordance with the law in force, moral, good customs and the requirements of good faith and established public order, employing due diligence, and refraining from using the Platform in any way that may impede, damage or deteriorate its normal operation, the assets or rights of METAHYPE, other Users or, in general, any third party. The User must access and use the Platform according to the Use Policy attached to this Terms of Use.

 

  1. Content moderation

 

7.1. Users are informed that METAHYPE uses automatic tools for content moderation within the Platform, specifically in sections and spaces where the Users can interact between them publicly (common room voice and chat). Thanks to such tool, content shared or hosted by the Users, potentially illicit or contrary to this Terms of Use, may be detected on an algorithmic decision-making basis. In such case, the User who shared or hosted the content would be notified. For the sake of clarity, the fact that METAHYPE uses automatic tools for content detection does not imply that it has effective knowledge of all such illicit content hosted by the Users within the Platform. Moreover, the function of such tools is not error free, and METAHYPE cannot warrant that all illicit content would be detected.

 

7.2. METAHYPE encourages all Users to report any illegal content or misuse of the Platform which, in its view, may violate its rights, infringe these Terms of Use or legislation. The Users can report any of such content by communicating with METAHYPE’s compliant-handing system, providing detailed information about the report, through the section “report” or similar available in the Platform. METAHYPE will assess the reports on a case-by-case basis.

 

7.3. If METAHYPE detects any potential illicit content or misuse of the Platform, contrary to this Terms of Use, it will be assessed, and corresponding measures would be taken. While the reported or detected content is under assessment by METAHYPE, it could adopt preventive measures which will be notified to the affected user (such as blocking or not allowing the access to the content or blocking of social functions (the ones which enable him/her to interact with other Users) to the User). These preventive measures may be maintained as long as METAHYPE performs the corresponding analysis. METAHYPE will make its best efforts to resolve the case as soon as possible.

 

Once finished the assessment by METAHYPE, if it is deduced that the User's conduct or content included in the Platform by him/her is illicit, or breach these Terms of Use, the User will be informed, and measures will be taken. Depending on the severity of the infringement, METAHYPE may block the social features for the User inside the Platform or block the User account, temporally or permanently. In such case, the User must abstain from registering in the Platform with other email or data.

 

Where METAHYPE is aware of any information giving rise to a suspicion that a criminal offence is taking place or is likely to take place, it shall inform the corresponding authorities.

 

METAHYPE would be entitled to delete or remove any content, if it considers that infringes the Terms of Use or any applicable legislation (such as content that infringes any intellectual property rights). Notwithstanding the corresponding legal actions.

 

If METAHYPE detects frequent unfounded notices submitted by a User, it may block the access to the complaint-handling system for such User, after notification. In case that such notices are proven to be intentionally false, the User account may be blocked.

 

In case that the User does not agree with the decisions of METAHYPE regarding the complaint -handling system, he/she may submit any dispute to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home

 

  1. Intellectual and industrial property

 

All intellectual and industrial property rights or any other rights on the Platform and the information contained therein (including but not limited to all information, texts, data, images, graphics, videos, designs, sounds, animations, software, logos, trademarks, know-how, databases and other contents) are the exclusive property of METAHYPE and/or its licensors (including, but not limited to, its partners).

 

METAHYPE grants to the Users a non-exclusive, non-sub-licensable, non-transferable license for the use of the Platform in its current version, subject to the provisions contained in the present Terms of Use, as well as to any other terms of use and applicable legislation. The User is only authorized to visualize and obtain a temporary private copy of the Platform and other content for his/her exclusive personal and private use in his/her computer systems (software and hardware), not being authorized to its subsequent transfer to any third party. On that understanding, the User may not modify or reproduce, either in part or in full, this information without the express written consent of METAHYPE.

 

Intellectual property rights over the Avatars are governed by Ready Player Me’s Terms of Use that Users must accept prior to creating their Avatars.

 

The Users acknowledge and agree that the use of the Platform does not imply the transmission, to the User, of any intellectual or industrial property rights, such as copyrights, trademarks, designs, or other rights on the Platform, nor constitutes authorization for the creation of developments arising from the Platform except of the limited license to use the Platform under the terms herein.

 

Therefore, it is expressly prohibited the use, reproduction, transmission, dissemination, disclosure, public communication, processing, distribution, transformation or exploitation of them by the Users, in any way, except as part of the service that includes the Platform, where legally permitted or expressly authorized in writing by METAHYPE.

 

Users grant METAHYPE a non-exclusive, not limited, transferable, free of charge and sub-licensable right of use over the non-personal data, especially technical data and data which the personal reference was erase (anonymized data) and over any content, ideas, suggestions, material and information included by the Users in the Platform, for the maximum term permitted by law and for its use in the broadest terms by METAHYPE.

 

  1. User Generated Content

 

9.1          Users are solely responsible for any and all information and content they submit to, or use with, the Platform (e.g., content in the user’s profile, postings, messaging, interactions with other Avatars, etc.) (“User Generated Content”). Because the User alone is responsible for its User Generated Content, he/she may expose his/herself to liability if, for example, their User Generated Content violates the User’s Commitments on clause 6 above. METAHYPE is not obligated to backup any User Generated Content, and any User Generated Content may be deleted at any time without prior notice. Users are solely responsible for creating and maintaining their own backup copies of their User Generated Content if they desire.

 

9.2          Users hereby grant (and they represent and warrant that they have the right to grant) to METAHYPE an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit the User Generated Content, and to grant sublicenses of the foregoing rights, for the purposes of including the User Generated Content in the Platform and showing such content in social media or communications made by METAHYPE about the Platform. Users hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Generated Content.

 

9.3          METAHYPE reserves the right (but have no obligation) to review any User Generated Content, and to investigate and/or take appropriate action against you in our sole discretion if any User violates the User’s Commitments or any other provision of these Terms of Use or otherwise create liability for METAHYPE or any other person. Such action may include removing or modifying any User Content or terminating the User Account, according to clause 7 above.

 

9.4. Users hereby assign to METAHYPE all rights in any feedback or suggestions regarding the Platform (“Feedback”) and agree that METAHYPE shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. METAHYPE will treat any Feedback Users provided to METAHYPE as non-confidential and non-proprietary. Users agree that they will not submit to METAHYPE any information or ideas that they consider to be confidential or proprietary.

 

  1. Responsibilities and warranties

 

Users will access to and use the Platform under their sole and exclusive liability, keeping METAHYPE completely harmless and exempt from and against any and all liabilities, claims, proceedings of any type that may arise in relation to such use and access.

 

METAHYPE is also not responsible for any possible security errors that may occur or for any damage caused to the Users’ device (hardware and software) and/or to the files or documents stored therein as a result of the presence of virus in the Users’ device used to access the Platform, for any failure of the Internet connection, telephone breakdowns, interference, omissions, or disconnections in the operation of the Platform caused by factors beyond METAHYPE’s control.

 

Nevertheless, METAHYPE declares it has adopted and will adopt, where appropriate, all necessary measures within its capabilities and the state of technology, to ensure the proper functioning of the Platform and prevent the existence and transmission of viruses and other harmful components to Users.

 

METAHYPE reserves the right to interrupt access to the Platform at any time and without notice, whether for technical, security, control, maintenance, power failure or any other reason.

 

METAHYPE provides the Platform on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, error free functioning.

 

METAHYPE cannot grant, under no circumstances, that the Users’ use of the Platform is according to the law, the present Terms of Use, moral, public order, and general accepted good customs, nor their diligent and prudent use. As a result, METAHYPE would not be responsible for the Users’ use of the Platform content that may imply a violation of a national or international law, or intellectual or industrial property rights or any other third party right, unless otherwise provided by statutory law.

 

METAHYPE does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the computer system, electronic documents or files of the User of the Platform. Consequently, METAHYPE is not responsible for the damages that such elements could cause to the User or third parties.

 

METAHYPE is not responsible for the costs linked to the data exchange or the internet connection of Users when using the Platform (please contact your mobile service operator for further information).

 

  1. Data protection

 

METAHYPE shall protect the Users personal data and shall use it only insofar as this is permitted by law or if Users have given their consent. Users can find further information on this matter in the Privacy Policy of the Platform.

 

  1. Cookies policy and similar technologies

 

Users can find more information on this subject in the Cookies Policy.

 

  1. Third parties

 

The present Terms of Use relate only to the Platform and METAHYPE´s contents, and do not apply to products, services, links, web pages and/or third-party apps accessible through it or, in general, any other service provided by third parties. METAHYPE cannot control the information, contents, products or services provided by third parties that have established links to the Platform and its access through the Platform does not imply that METAHYPE recommends or approves its contents.

 

Consequently, METAHYPE does not accept any liability that may arise from the use by the Users of any third-party functionalities, technologies, services or platforms. In case of access to other networks or web pages, the User agrees to submit to the applicable use and privacy policies.

 

This Platform may contain links to other web sites (including social networks) and incorporate information and/or services obtained from third parties, in order to facilitate to the Users access to information from corporate partners or sponsors.

 

METAHYPE offers the Users such links and information and/or products and/or services solely for the convenience of the Users, remaining on them the responsibility to read and accept the terms of use and privacy policy posted on web sites linked. In this regard, the Users undertake to keep METAHYPE harmless from any liability or payment of any damages deriving from any infringement or incident related to its use of such third-party functionalities, technologies, services or platforms, despite being available through the Platform.

 

METAHYPE declares that it will, as soon as it is aware of it, remove any link in case the content to which it redirects may contravene national or international legislation, moral or public order.

 

  1. Modifications to the Terms of Use

 

METAHYPE is entitled to amend or update the present Terms of Use, as well as any information or other content contained in the Platform, at any time. The User will find the latest version of the Terms of Use in the Platform.

 

  1. Communication

 

For the purposes of the present Terms of Use and for any communication that may be required between the User and METAHYPE, the Users may send an email to info@metahype.com

 

If Users detect technical incidents in the operation of the Platform or find errors, they shall notify METAHYPE by sending an email to info@metahype.com immediately.

 

  1. Severability

 

The illegality, invalidity or nullity of any of the clauses of this Terms of Use will not affect the validity of its other clauses, provided the rights and obligations of the Parties under the Terms of Use are not affected in an essential manner. Essential is understood as any situation that seriously damages the interests of any of the parties or affects the purpose of this Terms of Use. Such clauses are to be replaced or included in other clauses that, in accordance with law, serve the same purpose as the substituted clause.

 

  1. Applicable law, competent jurisdictional courts

 

The present Terms of Use are governed by the common Spanish legislation. Or, if the User is a consumer, by applicable local legislation, if mandatory by such local law. Any controversy that may arise because of the use of the Platform or these Terms of Use shall be subject to the jurisdiction of the competent Courts and Tribunals of the city of Barcelona (Spain), and, if the User is a consumer, subject to the jurisdiction of the courts of his or her domicile, if mandatory by legislation applicable in User’s place of residence.

 

The User, if acting as a consumer, may also submit any dispute arising from or related to these Conditions of Use to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home

 

Notwithstanding the foregoing, unless otherwise established by mandatory law, METAHYPE is neither committed nor obliged to take part in online dispute resolution proceedings before a consumer arbitration body.

 

 

© SEAT, S.A.U. 2023. Total or partial reproduction is forbidden. All rights are reserved.

***

 

 

 

Attachment 1

Use Policy

 

Notwithstanding any other obligations established in the Terms of Use, here the User can find the rules applicable to the access and use of the Platform:

 

  1. It is not allowed to threaten others with harm or to incite violence against people. This includes encouragement of participation in activities that may suppose a risk of physical harm.

 

  1. Content that depicts animal abuse or suggests causing damages to animals is forbidden.

 

  1. Suggesting or inciting others to suicide or self-injury is forbidden.

 

  1. Not to introduce, store or disseminate through the Platform any message or content which may promote or support terrorism, organized crime or other illegal activities.

 

  1. Not to introduce content or show behavior that implies or suggests harassment of any kind, bulling, stalking, trolling or any conduct that may intimidate others.

 

  1. Sexual content is not allowed in the Platform, so please abstain from using or posing conducts such as nudity or sexual acts.

 

  1. It is not allowed to threaten to others’ properties in real world.

 

  1. METAHYPE prohibits users from discussing, depicting, or promoting illegal and regulated goods, as well as encouraging others to so, including, but not limited to, drugs, medicines, health supplements, alcohol, tobacco, or weapons.

 

  1. For METAHYPE, it is important to respect and others to respect diversity. Thus, content or behavior that may depict discrimination to others, either for race, sexual orientation, nationality, religion, gender, believes, status or any other reason, is forbidden.

 

  1. It is not allowed to insult others.

 

  1. Users are not allowed to introduce, store or disseminate through the Platform any message or content, or to pose any conduct with the intention to blackmail others; this is, any act of getting money from people or forcing them to do something by threatening to disclose their data or secret information, or to harm them or someone else.

 

  1. It is not allowed to show content which reproduces tragic events or catastrophes, or which may support or promote the perpetrators if it is the case. Respecting victims is especially important, and it is not allowed any kind of behavior that may suggest an attack or mock to them.

 

  1. The Platform does not aim to engage in any political activity, so please abstain from depict any behavior to support or enhance political parties, election campaigns or any other politic activities.

 

  1. Using the Platform with commercial purposes is not allowed.

 

  1. It is forbidden to send or transmit any unauthorized advertising or promotional materials such as “spam” or any other similar communications.

 

  1. Deceptive plans, including, but not limited to, phishing or scamming links, selling assets for real money in real life, manipulate your own or other Users' interactions or content within the Platform, are forbidden.

 

  1. It is not allowed to promote or engage in gambling within the Platform.

 

  1. The Users commit to provide truthful information regarding the data provided to METAHYPE through the Platform. In any case, the User will be fully responsible for the data or contents he or she transmits or communicates to METAHYPE. In this sense, the User assumes responsibility for any damages that may arise from the improper use of such data. It is forbidden to impersonate others and provide false information. Also, it is forbidden to gain unauthorized access to the Platform, as well as threatening or encouraging such activity. Including, but not limited to, using VPNs or similar technologies to mask your location, attempting to hack another User’s account.

 

  1. It is not allowed to share or disclose others’ personal information through the Platform, including name, emails, phone numbers, images, voice recording, etc.

 

  1. Not to introduce, store or disseminate through the Platform any message or content that infringes industrial and/or intellectual property rights or business secrets of third parties, nor in general any content of which the User does not hold, in accordance with the law, the right to make it available to third parties.

 

  1. Not to introduce, store or spread through the Platform any program, data, virus, code or any other electronic or physical device that may cause damage to it, to any of the services, or to any of the equipment, systems or networks of METAHYPE, of any other User, or, in general, of any third party.

 

  1. Not to alter, copy, download, modify, decompile, disassemble, reverse engineer, license, lease, sell or imitate the Platform, its contents or its base software.

 

  1. Bypass the Platform systems or attempt to breach any security measure is forbidden.

 

  1. Not to impair the reputation or good name of METAHYPE, or any of the third parties that may provide features or services through the Platform.
Discover more