Terms & Condition

Welcome to the Coderblock Metaverse!

 

“Coderblock Metaverse” is a computer platform developed by Novatek S.r.l. that offers its users the possibility to interact within a virtual context and to take advantage of different services within Hexagon Plaza as well as the possibility to use some services provided by arrangement within the platform itself such as the "3D Builder", the Marketplace, the Configurator of Land, etc.

 

Art. 1 - Acceptance of these Terms & Conditions

Please read these terms & conditions carefully before using our services. 

Using the service, in fact:

1. the User fully accepts these terms & conditions aware that the platform is constantly subject to evolutionary development activities;

2. the User uses the platform assuming full responsibility for the use and the digital assets stored within it;

3. the User declares to be over fourteen years of age, the minimum age allowed for the use of the platform;

4. the User accepts in full, in addition to this document also documents relating to Privacy, the code of ethics and conduct of the platform.

This document must be read in conjunction with the terms & conditions of the Coderblock virtual spaces as, the use of the Coderblock services determines the acceptance of both documents with respect to the applicable sections.

If the User does not intend to accept at least one of the above points, he must refrain from using the Platform and related services as the use implies the explicit acceptance of the same. 

 

Art.2 - Company Informations

Name: Novatek S.r.l.

VAT: 06466180822

Registration Number: PA - 323151

Italian Office: Largo Villaura, 27 Palermo (PA)

USA Office: 868 Commerce Street, Miami Beach (FL) 

 

Art. 3 - Scope and refinement of T&C

These Terms & Conditions apply to all services provided by Coderblock to Users through its Information Technology Platform called "Coderblock Metaverse" and to any other services on the Platform provided by Coderblock.

This Agreement is concluded and shall have effect on Users upon acceptance upon registration to the Platform. In order to operate within the Coderblock Metaverse and to access all functions and services, registration is necessary in order to allow the activation of the services available within it.

For Users who decide to use the service as "Guest", they accept these terms & conditions, the Privacy Policy Document and the Code of Ethics and Conduct to the extent applicable with regard to the features made available with access reserved for guests.

The User who registers within the platform declares to be able to assume the responsibilities arising from the use of the services and any economic costs related to interactions within the platform with Coderblock or with other Users.

By agreeing to these Terms and Conditions, you represent that you understand them and understand the dynamics of cryptocurrencies, NFTs, blockchain, and the use of virtual tokens, assuming any responsibility related to the use of such technologies in the relationship with third parties and indemnifying Coderblock from any prejudice that the use of such technologies could entail for the User.

Finally, the User declares to use the Platform made available by Coderblock in compliance with national and international laws and not to use the aforementioned platform for fraudulent purposes or contrary to mandatory rules of any state in which the Platform is made available.

 

Art. 4 - Disclaimer and variations of these Terms&Conditions

The Coderblock Platform and its services are provided "as they appear". 

Coderblock and any of its subsidiaries, affiliates and/or licensees do not guarantee that:

1. The Service will operate continuously, and that it is secure and available at all times and/or places.

2. Any errors or defects will be corrected immediately.

3. The Service will always be free of viruses or other harmful components.

4. The results of the use of the Service will be those expected by the User.

In addition, Coderblock reserves the right to update these terms & conditions at its discretion by promptly notifying Users and informing them of the changes made in compliance with Italian law.

 

Art 5 - Access to the Platform

When registering with the Platform, the User is obliged to choose a username/e-mail and a password. These credentials will be used by the same for future accesses to the Platform itself. In addition, to the User will be offered the possibility to configure their own avatar that can represent them within the Metaverse.

The User undertakes to make every reasonable effort to keep the username and password in a safe place in order not to be used by third parties. Coderblock will not be responsible for the loss of the username or password even if such loss involves fraudulent access to the platform. Coderblock invites the User not to disclose their password to third parties and to choose a sufficiently strong password.

In any case, should the User report an abuse, Coderblock will endeavour to verify the identity of the User and support him for the modification of his access data or for the password recovery procedure.

If access is made by means of third-party tools (such as wallets), Coderblock does not assume responsibility for the security of use of third-party systems, nor can it activate its own service.

In any case, the User is solely responsible for the activities carried out by means of his account and in no case may he attribute responsibility for the actions carried out by third parties who have regularly accessed the platform to Coderblock. In the event that the User requests a verification, Coderblock may block the account in order to carry out the appropriate checks.

Transactions that take place within the Platform are managed through the Ethereum blockchain. You represent that you are aware that your public Ethereum address will be made visible to third parties whenever you make a transaction using such technology.

If you reside in a jurisdiction where online gambling is prohibited (such as the United States of America, China and South Korea), you must refrain from accessing Content that includes online gambling, taking responsibility for any breach.

 

Art. 6 - Risks associated with the use of the platform

6.1 Disclaimer

The User acknowledges and accepts that the Platform, every function and every environment connected to it is to be understood "as it appears" or "as available" and that the platform and its services are subject to constant evolutionary updating in order to guarantee the User always the best available technology.

For this reason, Coderblock can not provide any guarantee about the possibility of access and use of the platform and the use of the tools made available through it. 

 

6.2 Legal risks to encrypted systems

By using the platform and the services connected to it, the User declares that he is aware that he will come into contact with different innovative technologies that, by their nature, may represent a risk. Specifically, the User declares to be aware of the risks associated with and associated with the use of the systems related to the use of cryptocurrencies and specifically related to the Ethereum network and smart-contracts. In addition, the User declares to be aware of the risks associated with the use of AURA, the currency of Coderblock used within the platform to make purchases and transactions.

By using cryptocurrencies, the User acknowledges that such systems are based on blockchain technology and that the value of such assets is extremely volatile and interconnected to numerous factors that cannot be calculated at the time of purchase, such as, but not limited to: security-related risks, speculation, risks related to legislation in different countries. 

 

6.3 Legal risks in multiple jurisdictions

Coderblock and its associated companies may be subject to verification procedures by one or more legal authorities in one or several legal systems. Depending on the nature of these procedures, they may restrict access to the platform or the use of certain services related to it.

 

6.4 Taxation

The User declares that he is solely responsible for determining and discharging the tax charges due for the income deriving from the transactions carried out within his Land. The User hereby indemnifies Coderblock from any liability related to the discharge of tax and tax obligations and from any claims of third parties, whether private or public authorities.

 

6.5 Transactions and fees

If you choose to buy, trade or sell a Land, an Avatar, a 3D item or other non fungible token ("NFT") with or from other users through the tools made available by Coderblock such as, for example, the Marketplace, any financial transaction will be conducted exclusively through the Ethereum network, Layer 2 Solutions or other sidechains via Web3 providers. Coderblock will have no knowledge or control over these payments or transactions, nor does it have the ability to reverse transactions. In the light of the foregoing, Coderblock shall not be liable to you or any third party for any claims or damages that may arise as a result of any transactions made, or any other transaction that the user conducts through the above technologies.

Ethereum and any third party transaction system on that network requires a transaction fee (c.d. "Gas Fee") for each transaction that occurs on the Ethereum network. The Gas Fee finances the network of computers that manage the decentralized Ethereum network. This means that you will need to pay that surcharge for each transaction you make. The user accepts and declares to be aware that such fee is unrelated to Coderblock and is not repeatable.

The User will be solely responsible for the payment of the taxes arising from all sales and transactions that generate an income carried out within their Land, with the exception of the taxes payable by Coderblock. 

You represent that you will indemnify Coderblock against any liability, expense, damage, cost (including attorney’s fees and court fees) claim or action of any kind arising out of your use of the Tools or the Platform, violation of these terms & conditions and any fraudulent actions or omissions of the user. 

 

Art. 7 – Disclaimers and Limitation of Liability

The User acknowledges and accepts full responsibility for the use of the Platform and the associated tools. The User acknowledges and accepts that all information sent or received during the use of the platform and the tools connected to it cannot be secure and can be intercepted or subsequently acquired by unauthorized parties. You acknowledge and agree that your use of the platform and tools is at your own risk. 

The User acknowledges and agrees not to attribute to Coderblock contractual and extra-contractual liability (including negligence), direct or indirect, arising from compensation obligations, breach of legal obligations or otherwise consequential or referable to these terms & conditions for:

a. loss of profit; 

b. loss of revenue; 

c. loss of earning chances; 

d. loss of business opportunities; 

e. damage to reputation; 

f. loss or compromise of data; 

g. any indirect or consequential damage or loss, compared to the previous ones.

Limitations and exclusions of liability apply even if Coderblock is aware of the possibility of loss. 

Coderblock is not responsible for the interactions (verbal and physical) between Avatar within the Metaverse nor for the space entrusted to the User when using Coderblock spaces.

Coderblock will not carry out any further control over access to the common virtual space, if there is an appropriate access title. 

Coderblock will not be responsible:

A. the activities carried out by the User within the own virtual environment, not being bound to any control about the lawfulness or the type of activity exercised. 

B. the use of the User’s image, without prejudice to compliance with the provisions on the protection of personal data. 

C. communication between the User and other users. 

D. Coderblock will not make any further checks on the identity of the Users, who will participate in the event through their Avatar. 

Due to the specific structure of the internet, in which many entities are involved, no guarantee can be given regarding the constant availability of the Service. The Customer agrees not to hold Coderblock liable in the event of loss or damage of any kind resulting from the loss of data, the impossibility of access to the internet.

Coderblock also does not guarantee that:

a. The access or use of the tools meets the User’s expectations.

that any data you disclose or make publicly available within the platform when you use the b. tools will be safe.

The User, in fact, is aware that in any case the disclosure of their online data represents a personal risk. In any case, Coderblock will work to protect its systems and to ensure that the platform and the data processing carried out by Coderblock itself complies with the GDPR.

In the case of processing by third parties, Coderblock does not guarantee and cannot guarantee that such processing takes place in accordance with the GDPR.

 

7.1 – Use of digital wallets

Coderblock, its administrators, officers and employees shall not be liable to Users for any losses incurred as a result of the use of the ethereum network or "Metamask" or any other electronic wallet, including damages or claims arising from: 

1. User errors, such as forgotten passwords or incorrectly encoded smart contracts or other transactions.

2. Server failure or data loss.

3. Damaged or unusable portfolio files.

4. Infringement of intellectual property by users.

5. Unauthorised access or activity by third parties, including but not limited to the use of viruses, phishing, brute-forcing or other means of attack against the tools, ethereum network, electronic wallet accounts.

 

7.2 –Validity of Cryptocurrencies and NFTs

NFTs, Cryptocurrencies and all other assets are intangible digital assets that exist only by virtue of the ownership record maintained in the ethereum network. All smart contracts are conducted and occur on the decentralized register within the Ethereum platform. Coderblock has no control over and does not provide any guarantee as to the actual ownership of the assets or in relation to Smart Contracts.

Aura is the cryptocurrency of Coderblock. Cryptocurrencies, including Aura, are intangible digital assets that exist only by virtue of ownership data stored in the Ethereum network. All Smart Contracts are managed and signed on the decentralized register within the Ethereum platform. 

Coderblock cannot be held liable for losses due to blockchain technology or any other feature of the Ethereum network or electronic wallets, including, but not limited to, technical problems at certain nodes and any other problem that may result in a loss of capital.

 

Art. 8 - Intellectual Property

Unless otherwise agreed between the Parties, the software designed or developed in the context of the provision of the Service, as well as the models, schemes, algorithms, graphics, trademarks, logos and any other intellectual or industrial property title, are the exclusive property and ownership of Coderblock.

The stipulation of these Terms & Conditions does not imply, nor shall it entail, any assignment, license or tacit consent to the use of them, unless expressly stated.

 

Art. 9 - Management of User Generated Contents

The User who shares, publishes or uploads content protected by intellectual property rights within Coderblock, grants a non-exclusive, transferable, sub-licensable, royalty-free and worldwide broadcast license, the use, distribution, modification, execution, copying, public execution or display, translation and creation of derivative works of its own contents (in compliance with the privacy policy).

This license ceases to exist once you have deleted your content from Coderblock’s systems.

You can delete content individually or collectively by deleting your account.   You may download a copy of your data at any time before deleting your account. When you delete your content, it will no longer be visible to other users; however, it may continue to exist in other locations within Coderblock’s systems if you:

1. A. immediate deletion is not possible due to technical limitations (in these cases, the content will be deleted within a maximum of 90 days from the date of deletion by the user);
2. B. your content has been used by other users under this license and has not been deleted (in which case, this license will continue to apply until the content is deleted);
3. C. in cases where immediate deletion would limit Coderblock’s ability to:
4. D. identify or investigate illegal activities or violations of Coderblock’s terms and regulations;
5. E. comply with a legal obligation, such as the retention of evidence;
6. F. comply with a request from judicial or administrative authorities, law enforcement agencies or government agencies. 

    In the cases of retention referred to in the previous paragraph, the contents will be kept for a period not exceeding what is necessary in relation to the purposes for which they were stored (the exact duration will vary depending on the situation). In each of the above cases, the license will continue to exist until the content is completely deleted.

 

Art. 10 – Use of Coderblock’s brand

Coderblock does not grant permission to use the trade names, logo, trademarks, service marks or product names of the licensee and/or its licensors, unless there is an explicit written agreement between the User and Novatek S.r.l.

 

Art.11 - External links

The Site and the Tools provide, or third parties may provide, links to other World Wide Web sites or accessible sites, applications or resources. As Coderblock has no control over such sites, applications and resources, you acknowledge and agree that Coderblock will not be responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Coderblock will not be liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with your use or reliance on such content, goods or services available on or through such site or resource.

 

 

 

Art. 12 - Resolution 

You have the right to terminate your Account at any time by cancelling and discontinuing your access to and use of the Tools. Coderblock may decide to suspend or terminate certain services by giving users appropriate notice. There will be no refund for the User who cancels or cancels their Account. You further agree that Coderblock may, without notice, suspend your account up to a maximum of thirty days in the event of a breach by you of these terms & conditions or of the Privacy Policy or the Code of Ethics and Conduct, in case of more serious violations may delete the account.

In the event of a breach of these Terms and Conditions by you or of any activity that is even suspected or fraudulent, abusive or illegal, Coderblock may, in addition to the foregoing, delete, block, suspend even individual content uploaded by the User at its discretion giving notice later and indicating the reasons for the action taken.

In case of suspension of the account, the User may request that or the same be reactivated by contacting Coderblock and answering the questions of the support service that will carry out an evaluation of the answers. 

If you delete your account, you will not be able to request any reactivation.

 

Art. 13 - Notice and complaint procedure of copyright infringement

If you or a third party believe that your Intellectual Property Rights or the Intellectual Property Rights of a person on whose behalf you are authorized to act have been infringed, Coderblock invites them to contact you at legal@coderblock.com with the following information: 

- A description of the intellectual property right that you claim has been infringed;

- A description of where the material you claim to be infringing is located on the Tools; 

- Proof of ownership or ownership of the claim;

- Address, telephone number and e-mail address;

Coderblock will contact the User as far as possible and verify when stated by third parties. Because Coderblock does not control User Uploaded Content, if you disagree with the request and/or do not agree to withdraw the infringing content, Coderblock reserves the right to provide for the removal of the content if it considers that the right claimed is effective.

 

Art. 14 - Dispute Resolution

Coderblock and the Coderblock Users undertake to carry out any attempt to resolve disputes out of court. Should the attempt to resolve the dispute in a good-natured manner fail, the Parties agree to have recourse to a Mandatory Arbitration at the Chamber of Commerce where Novatek S.r.l. has its seat that will decide the outcome of the dispute. The parties are obliged to maintain the utmost confidentiality with respect to all aspects of any arbitration and/or legal action initiated under these Terms and Conditions and not disclose the fact, the conduct or outcome of the same to third parties except to the extent required by applicable law or to the extent necessary unless otherwise provided for by a mandatory rule.

 

 

Art. 15 – Loss of Class Action right

The parties agree that any arbitration will be individually by you and never as a "Class Action" or other collective action and the parties expressly waive that right. The User and Coderblock agree that each party may submit claims against the other party only and exclusively on an individual basis. If this clause is declared void by an authority or by a Court of First Instance or becomes unenforceable for any reason, then Art. 14 in the part relating to the obligation of arbitration will be considered not applicable and the User will have to resort to the ordinary judicial authority of the country of reference.

 

Art. 16 – Final clauses and changes to these Terms Conditions

Coderblock undertakes, in the event of a change to these Terms and Conditions, to grant the User thirty days' notice, after which the notified changes will take effect. The changes will be communicated to the e-mail provided by the User during registration. 

These Terms and Conditions are entirely governed by Italian law. 

These Terms and Conditions constitute the entire agreement between the User and Coderblock with respect to the Platform and the associated instruments and supersede any previous agreement. 

In the event of a conflict between these Terms and Conditions and any subsequent legal documents published on the platform, the latter shall prevail over the former.

Coderblock’s waiver of any right or provision of the Terms will not constitute a waiver of that right. 

If any provision of this document is rendered invalid or void, the Parties agree that the remaining parts of the agreement shall remain in force.

The official language of this document is Italian, any translation is to be understood as a courtesy translation. 

Users may write to dpo@coderblock.com if they have any concerns, questions or complaints regarding these Terms and Conditions or any other legal document on our sites.

This English translation is a courtesy translation. The meaning of the terms and the legal value will, in any case, refer to the Italian version.

 

 

Pursuant to and for the purposes of Art. 1341 and 1342 of the Civil Code I expressly accept the following articles: Art. 6 (Risks related to the use of the platform), Art. 7 (Disclaimers and limitation of liability), Art. 12 (Termination and Suspension), Art. 14 (Dispute resolution), Art. 15 (Loss of class action right), Art. 16 (Final clauses and amendments to these terms & conditions).