Terms and Conditions

3.1.Acceptance. In order to be able to use the Services, Users must read and fully and unconditionally accept these T&Cs, which apply to any browsing on the Platform and use of the Services. These T&Cs are accessible at any time on the Platform and will prevail over any other version or any other contradictory document.

Each User acknowledges that he/she is at least eighteen (18) years old, that he/she has, in his/her country, the capacity to contract with MFL, and declares that he/she has read and accepted without restriction of reservation the T&Cs by ticking the relevant case when signing up on the Platform.

3.2.Amendment. In order to improve their features and quality, MFL may regularly modify the parts of the Services, by adding, removing or replacing certain functionalities.

Therefore, MFL may modify the T&Cs from time to time. Users will be informed of changes 15 days before the new version comes into force. During this period, any User may terminate the T&Cs, by any means (e.g., by sending an email), provided that he/she completes any commitment to which he/she has already agreed.

Termination of the T&Cs by a User shall not give rise to any compensation.

4.1.Eligibility. The Services are exclusively accessible to natural persons who are at least eighteen (18) years old — or the legal age of majority in the country in which they are located, if higher — and who have full legal capacity to enter into commitments under these T&Cs. Minors are strictly prohibited from accessing and using the Services, including with the consent, authorisation or supervision of a parent or legal representative. MFL may require any User to provide evidence of his/her age and identity at any time, and will suspend or terminate the access of any User who does not meet this requirement.

The Services are free for individual and personal use only. Users must not sign up with multiple Wallets. MFL reserves the right to block a User if it has reasons to believe that they are using more than one Wallet on the Services.

4.2.Sign-up process. In order to use the Services, Users must detain and sign up with a Wallet previously created with Dapper Labs. For more information on the Wallet creation process, please refer to the Dapper Labs Terms.

Users are fully responsible for the security of their Wallet credentials which they must not communicate to anyone in any way whatsoever. Users are responsible for all actions on the Services made through their Wallets. In the event of a fraudulent use of their Wallet, they must report to the operator Dapper Labs and send an email to MFL within the best delay. All transactions made before such notification will be deemed to have been regularly made by the User.

MFL will in no way be liable for an impossibility to use the Services due to an error in the User’s information, nor for the loss or theft of a password by the User, or by the resulting impersonation.

4.3.Continuous conformity. Users must comply with the terms of this section for the entire duration of their use of the Services. They understand that access to the Services will be suspended in the conditions set out in Section 10 if they do not comply with the eligibility criteria anymore or if they do not own a Wallet anymore.

5.1.Purchase of Collectibles on the Primary Market. Collectibles are issued by MFL and can be purchased by Users on the Platform via direct sale, auction or through drops operations. With drops, Users purchase a pack of Collectibles with different levels of rarity which Content will be revealed after the purchase. Users understand that the characteristics and content of the packs are randomly generated and the probabilities of the pack composition are not guaranteed in any way by MFL.

All relevant information can be found in the documentation published on the Platform.

5.2.Purchase and sale of Collectibles on the Secondary Market (“Marketplace”). Users understand that they bear complete and exclusive responsibility for their Collectibles sales and purchases on the Marketplace. MFL does not intervene or engage in any way in the transactions between users on the Marketplace. In particular, MFL does not intervene in the setting of the price and does not endorse nor guarantee the Collectible’s value or Users identity. Additionally, MFL does not facilitate or align potential selling and buying preferences.

Any claims arising from the use of the Marketplace functionalities must be addressed to MFL’s support via email (see Section “Notifications and claims”). Any claims arising from the transaction itself must be resolved between the relevant Users. However, MFL may intervene after the transaction is made, if the offer or purchase violates the T&Cs and/or applicable laws or regulations.

For every transaction on the Marketplace, MFL charges a royalty fee which will be displayed at the time of the sale or purchase. MFL reserves the right to change the applicable fee at its discretion.

5.3.Creation of Clubs. Users can create fictional football clubs (the “Clubs”) on the Platform, including by determining a name and uploading a logo. When creating such Clubs, Users undertake to comply with the T&Cs and that represent and warrant that they are the original author or that they have obtained all the necessary rights to the Club’s name and logo, which do not infringe upon the intellectual property of MFL or third parties.

5.4.Game. The Game edited by MFL is a fantasy sport game based on the Collectibles. The Game rules and mechanics are available on the Platform. MFL reserves the right to exclude any User who does not comply with the T&Cs or any other applicable documentation. In any case, MFL cannot be held liable for the consequences resulting from the User’s exclusion of the Game.

8.1.License on the Services. The Services and all their functionalities and any content generated by MFL are MFL’s sole intellectual property and are protected by all intellectual property rights in force. Subject to the User's compliance with these T&Cs and any other applicable terms, MFL hereby grants to the Users a worldwide, limited, non-exclusive, non-transferable, non-sublicensable, revocable personal license to access and use the Services. This license is granted for the entire duration of the User’s compliant use of the Services and will be automatically revoked upon termination of the T&Cs.

Users understand that this license does not grant any more rights than expressed herein and, in particular, does not allow any reproduction or representation in any form of all or part of the Services.

8.2.Ownership of the NFT. When Users purchase a Collectible, they fully own the underlying NFT. Except if it is expressly stated otherwise, Users can freely dispose of their Collectible, including by selling and transferring it through the Marketplace or a third-party service.

8.3.License on the Player's Content. The Player’s Content is MFL's sole property and is protected by intellectual property rights. Subject to the User's compliance with these T&Cs and any other applicable terms, MFL hereby grants to the authorized Users a worldwide, limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to use, display and transfer the Player Content associated with the Collectible incorporated into the NFT that the User legitimately owns, for non-commercial purposes only. This license is granted for the entire duration of the User’s compliant ownership of the Collectible and will automatically be transferred to subsequent owners.

Users understand that they are only authorized to use, display, and transfer the Players' Content as part of the use, display, and transfer (as applicable) of the Collectible embedding such Players' Content.

For the avoidance of doubts, this license does not grant any more rights than expressed herein, in particular, does not allow any modification, reproduction, or representation in any form of all or part of the Players Content.

8.4.License on the Clubs. Users grant to MFL and MFL’s affiliates a worldwide, transferable, sub-licensable, irrevocable, free-of-charge, right to use, reproduce, distribute, modify, adapt, translate and broadcast, by all means and on all format or medium, physical or digital (whether now known or that may be developed in the future) including without limitation all printed, electronic, digital, numerical support, regardless of whether this medium is permanent or temporary, tangible or intangible, the Club that the User has created through the Services (including the Club’s name and logo) for commercial purposes, including but not limited to marketing and advertising purposes.

Users do hereby indemnify, save and hold harmless MFL and its affiliates from all claims, damages and losses (including, without limitation, attorney’s fees) arising out of or in connection with (i) the breach by the User of his obligations under the T&Cs, (ii) the infringement of third parties rights by MFL resulting from its use of the Clubs.

10.1.Liability. MFL undertakes to implement all the necessary means to ensure the best delivery of the Platform and the Services. However, MFL can only be bound by an obligation of best endeavor.

Users expressly understand and agree that access to the Platform and use of the Services is at the User's own risk and that the Platform is provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, MFL does not represent or warrant that access to or use of the Platform will be uninterrupted, timely or error-free, nor that the data provided will always be accurate or up to date. Users accept the security risks inherent to experimental technologies such as Blockchains, Crypto-assets and NFTs, and agree that MFL shall not be liable for any security breach unless caused by its fault.

Some jurisdictions do not allow the exclusion of implied warranties in consumer contracts. Therefore some or all of the above exclusions may not apply to all Users.

10.2.Indemnification. MFL guarantees Users against any complaints, claims, actions and/or demands they may suffer due to MFL’s breach of any of its obligations under these T&Cs. MFL undertakes to indemnify Users for any direct damage from such a breach.

Users guarantee MFL and its affiliates against any complaints, claims, actions and/or demands that they may suffer due to the User’s breach of any of their obligations under these T&Cs. Users undertake to indemnify MFL for any direct damage suffered due to such a breach.

Both MFL and the Users may only be obliged to the reparation of direct and foreseeable damages caused by a breach of the T&Cs. Consequently, neither party will, in any circumstance, be held liable for any other damages and losses suffered by the other, in particular indirect damages (including but not limited to, earning or profit losses).

11.1.Duration. The T&Cs are entered into for an indefinite term and shall stay in force as long as the User accesses and uses all or part of the Platform.

11.2.Suspension. If a User is in breach of any one of his commitments under the T&Cs, MFL may, temporarily and without prior notice, suspend access to all or part of the Platform temporarily and without prior notice. After an investigation period, during which MFL shall, if applicable, verify the truth of the alleged violations, access to all or part of the Platform may be restored, or the T&Cs may be terminated in accordance with the terms below.

Furthermore, MFL reserves the right to interrupt the operation of all or part of the Platform at any time, with or without notice, in particular in order to ensure corrective and evolutionary maintenance of the Platform, or to change their content or presentation. To the extent possible, MFL will notify Users in advance of any corrective or upgrade maintenance.

11.3.Termination by MFL. Without prejudice to any other action, MFL may terminate these T&Cs and permanently revoke the User’s access to all or part of the Platform in case of material breach of their provisions, and in particular in case of a breach of the sections entitled “User’s Commitments” and “Intellectual Property”.

Also, in the event of a change in the applicable regulations and the interpretation made thereof by the relevant regulatory authority, affecting the capacity of MFL or its employees to operate the Platform, the T&Cs will automatically be terminated.

11.4.Termination by Users. Users may terminate these T&Cs at any time by sending an email to the following email address: support@playmfl.com. After doing so, Users shall not access the Platform and use the Services, unless they accept the T&Cs again.

11.5.Consequences. Upon termination of the T&Cs by any party, the User will not be able to access the Services. All transactions initiated before the termination date will be executed in compliance with the T&Cs. Any attempt to circumvent or bypass the termination of the T&Cs with another Wallet will result in the blockage of the User.

Unless in the case of a proven fault by MFL, termination of the T&Cs shall not result, in any event, in any compensation from MFL to a User.

14.1.Nullity. If any provision of the T&Cs is held invalid or void by a modification of legislation, regulation or by a court decision, the remainder of these T&Cs will not be affected thereby as well as compliance with the T&Cs.

14.2.Assignment. Users may not assign or transfer the T&Cs to a third party without the prior written consent of MFL. In the event of (i) a merger by formation of a new company, contribution, partial contribution of assets, merger by acquisition, asset spin-off, or any other operation entailing a universal transfer of MFL’s assets or (direct or indirect change of control affecting MFL, the contractual relations will persist without it being necessary to inform or obtain the consent of the Users.

16.1.Disputes. Any dispute in relation to the use of the Platform and the Services shall be submitted to MFL by sending an email to legal@playmfl.com. It is recalled that MFL is acting as a digital intermediary on the Secondary Market while providing the Marketplace. Therefore, any complaint, dispute or claim in relation to Collectibles bought on the Secondary Market should be directed to the buyer or seller of such Collectible.

16.2.Mediation. Users having the status of consumers within the meaning of the preliminary article of the French consumer code may use the EU Commission’s mediation service which has the purpose of collecting claims from EU consumers and transmitting their cases to national mediators. This service may be accessed through the following link: ec.europa.eu/consumers/odr/.