Terms & Conditions - Gameplay

Legal

This terms of use (together with the contents of the hyperlinks referred to in it) tells you the terms of use on which you may play the game, Third World: The Bottom Dimension (the Game), whether you play the Game in the exhibition Gabriel Massan & Collaborators: Third World: The Bottom Dimension, held at Serpentine North from 23 June – 22 October 2023 (Exhibition) or by downloading the Game onto your PC. Use of the Game includes registering, accessing, browsing, downloading, interacting with and playing the Game and recording of segments of game-play using the Capture Power feature of the Game (Game Captures).

Please read these terms of use (including any policies and third party terms referenced and/or hyperlinked herein) (together, the Terms) carefully before you start to play the Game, as these will apply to your use of the Game. By playing the Game, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the Game.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of the Game:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By playing the Game, you agree to such processing and you warrant that all data provided by you is accurate.
  • The Third World Minting Terms, which set out the terms on which you may mint exhibition tokens associated with Game Captures. By minting the exhibition tokens associated with Game Captures, you confirm that you accept these terms of use and that you agree to comply with them.
  • The OBJKT Marketplace Terms, which set out the terms on which you may use the OBJKT Marketplace platform to mint the exhibition tokens associated with the Game Captures. Where there are any inconsistencies between the Third World Minting Terms and the OBJT Marketplace Terms, you agree that the Third World Minting Terms will prevail.
  • The CC-CC BY-NC-ND 4.0 Legal Code, for your use of the copyright in the exhibition tokens and the associated Game Captures which you mint at the Exhibitiontake when playing the Game. By minting the exhibition tokens associated with Game Captures, you confirm that you accept these licence terms and that you agree to comply with them.
  • By taking Game Captures, you confirm that you accept these licence terms and that you agree to comply with them.
  • The Kukai Terms of Use, if you are setting up a new Kukai wallet to mint exhibition tokens associated with Game Captures at the Exhibition. By setting up a new Kukai Wallet, you confirm that you accept these terms of use and that you agree to comply with them.
  • The Steam Subscriber Agreement, if you are downloading the Game onto your PC via Steam. This sets out the terms on which you become a subscriber of Steam. By downloading the Game onto your PC via Steam, you confirm that you accept these terms of use and that you agree to comply with them.

Information about Us

The Game is commissioned by The Serpentine Trust, who is registered in England and Wales under company number 02150221 and has its registered office at Serpentine Gallery, Kensington Gardens, London W2 3XA. The Serpentine Trust is a private company limited by guarantee without share capital.

The Game is conceptualised by Gabriel Massan. Gabriel Massan is a Brazilian-born artist based in Berlin, Germany and Paris, France.

In these terms, “us” and “we” means The Serpentine Trust and Gabriel Massan.

Changes to These Terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to the Game

We may update the Game from time to time, and may change the content at any time. We may update all or any part of the Game without notice. However, please note that any of the content in the Game may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Game or any part thereof will be free from technical errors.

Accessing the Game

The Game is made available at the Exhibition free of charge. On entering the Exhibition you will be provided with a unique login code for accessing the Game at the Exhibition. You will not be able to access the Game at the Exhibition without the unique login code we provide to you.

We do not guarantee that the Game, or any content in it, will always be available or be uninterrupted. Access to the Game at the Exhibition is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Game at the Exhibition without notice. We will not be liable to you if for any reason the use of the Game is unavailable at any time or for any period at the Exhibition or thereafter.

The Game is made available for download onto your PC via Steam. We do not guarantee that the Game will always be available for download via Steam or be uninterrupted. We will not be liable to you if for any reason the downloading of the Game is unavailable at any time or for any period. The Steam Subscriber Agreement governs your download of the Game.

You are responsible for making all arrangements necessary for you to have access to the Game on your PC. You are also responsible for ensuring that all persons who have access to the Game on your PC are aware of these Terms of use and other applicable terms and conditions, and that they comply with them. The Game is directed to people residing in the United Kingdom. We do not represent that content available on or through the Game is appropriate or available in other locations. We may limit the availability of downloading, accessing and using the Game to any person or geographic area at any time. If you choose to use the Game from outside the United Kingdom, you do so at your own risk.

Minors

If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to use the Game, you agree to:

  • exercise supervision over the Minor’s use of the Game;
  • assume all risks associated with the Minor’s use of the Game, including the transmission of content or information to and from third parties via the internet;
  • ensure that the content and information that the Minor may encounter in the Game are suitable for the Minor;
  • assume liabilities resulting from the Minor’s use of the Game;
  • ensure the accuracy and truthfulness of all information submitted by the Minor; and
  • provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to the Game on this basis.

Intellectual Property Rights and Crediting

We are the joint owners or the joint licensees (as applicable) of all intellectual property rights in the Game, the underlying works and in the Game Captures. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. Other than as contemplated by these Terms and the [Third World Minting Terms], you must not use any intellectual property rights, including but not limited to, intellectual property rights in illustrations, text, photographs, video or audio sequences or any graphics in or related to the Game, underlying works and the Game Captures without obtaining a licence to do so from (each of) us and our relevant licensors (as applicable).

You must not use the Game, any underlying works or Game Captures for commercial purposes without obtaining an express licence in writing to do so from (each of) us and our licensors (where applicable).

If you use the Game, the underlying works or Game Captures in breach of these Terms, your right to use the Game will cease immediately and you must, at our option, destroy any copies of the Game that you have.

You acknowledge that all intellectual property rights in the Game, the underlying works and the Game Captures is jointly owned by us or our licensors and it is your responsibility to obtain permission from (each of) us and our relevant licensors before exploiting the intellectual property rights in the Game, the underlying works and the Game Captures.

Where you are granted permission from (each of) us and our relevant licensors to reproduce or communicate to the public the Game, the underlying works or the Game Captures, you agree to credit the works in any manner directed by us, and pursuant to the licence terms we give to you.

Limitation of Our Liability

[Subject to the below] our total aggregate liability shall be limited to the fees paid by you for the Game or GBP 5, whichever is the lowest.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Game or any content in it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Game or the Game Captures; or
  • use of or reliance on any content in or related to the Game.

We will not be liable for any director or indirect:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • or consequential loss or damage.

We only provide access to the Game for domestic and private use. You agree not to use the Game for any commercial or business purposes.

We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Game (including your downloading of the Game on to your PC and the Game Captures), or on any website linked to the Game.

We assume no responsibility for the content of websites linked to the Game. 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.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Indemnity

You agree to defend, indemnify, and hold us harmless, our members, contributors, affiliates, licensors, and service providers and our respective officers, directors, contributors, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to:

  • your violation of these Terms;
  • your use of the Game, including but not limited to your use of Game Captures and other features, other than as expressly authorised in these Terms;
  • your use or reliance on of any information obtained from Exhibition or the Game; or
  • any other party’s access and use of the Game with your assistance or by using any device or account that you own or control.

Viruses

We do not guarantee that the Game will be secure or free from bugs or viruses. If you are downloading the Game onto your PC, you are responsible for configuring your information technology, computer programmes and platform in order to access the Game. You should use your own virus protection software.

You must not misuse the Game 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 Game, the server on which the Game is stored or any server, computer or database connected to the Game. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such violation 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 our site will cease immediately.

Unacceptable Behaviour

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Game or to us. This includes, but is not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal data without an individual’s consent) or any other of the legal rights of individuals;
  • the infringement of any third party intellectual property rights through your use of the Game;
  • using the Game to defame or libel us, our contributors or other related individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • engaging in any attack, hack, interference, or exploit of the Game or any part thereof;
  • using the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Game or the Exhibition, or that could damage, disable, overburden or impair the functioning of the Game in any manner;
  • developing, utilising, or disseminating any software, or interacting with any API in any manner, that could damage, harm, or impair the Game;
  • reverse engineering any aspect of the Game, or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Game or any part thereof, area or code of the Game;
  • using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Game, extract data or otherwise interfere with or modify the rendering of Game pages or functionality;
  • using data collected from the Game to contact individuals, companies, or other persons or entities;
  • using data collected from the Game for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
  • bypassing or ignoring instructions that control any automated access to the Game;
  • using the Game for any illegal or unauthorised purpose, or engaging in, encouraging or promoting any activity that violates these Terms;
  • using the Game to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Game, or us; and
  • engaging in deceptive or manipulative trading activities.

We have the right but not the obligation to monitor your use of the Game. We also have the right to terminate your access to the Game for any or no reason, including without limitation, anyd violation of these Terms. We may exercise these rights at any time, without notice or liability to you or any third party.

Third Party Links

Where the Game contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

To contact us, please email information@serpentinegalleries.org.

Thank you for playing the Game.