Terms of Use
3/12/23
PLEASE READ ALL THE FOLLOWING TERMS OF USE
Please note that the use and access of our services as (defined below) are subject to the following terms; If you do not agree to all of the following terms of use (the 'Terms of Use' or 'Terms'), then you are not authorised to access or use our services in any manner.
Interpretation
(‘OpenBlox.io’ ‘OpenBlox Marketplace’ ‘us’ ‘we’ ‘our’)
Contract means a legally-binding agreement between you and us for the access and use of our services.
Those who use, access or register to our platforms are referred to as “buyers” “sellers” or “you”.
Services means our services on OpenBlox Marketplace as buying/selling NFT and breeding two Blox (NFT’S).
Privacy Policy means the terms which set out the way we will deal with confidential and personal information received from you via the website or other platforms.
Website means our website OpenBlox.io where you can access information about the project and any news or updates.
OpenBlox Marketplace means our NFT marketplace where you can buy/sell and breed our Blox (NFT Characters)
Platform means OpenBlox.io, Openblox Marketplace, OpenBlox Game and applications (as and when published and as updated or varied from time to time)
About Us
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We are OpenBlox; A world where you can start your journey with your Blox to hunt, collect, breed, battle and explore this magical land. You will own digital assets (NFT) and can freely trade them with other players in the OpenBlox Marketplace. OpenBlox will originally operate on the Ethereum network and is intended to migrate to L2 Arbitrum in the future.
Arbitrum One is a Layer 2 (L2) scaling solution on Ethereum, building optimistic rollups, which are constructions that decrease transaction latency. Rollups scale the Ethereum mainnet by rolling up transactions in a batch through compression, verifying them off-chain and storing state on the L1, thereby reducing gas usage per transaction.
OpenBlox aims to build a one-stop platform that incubates NFT gaming with unique IP: #OPENBLOX.
We do not intend for information or content on our Platforms to be distributed to or used by anyone in any jurisdiction or country in which such distribution or use would be contrary to law or regulation or which would bind us to any registration requirements within such jurisdiction or country. Accessing our Platforms from such other locations is done at your own risk and you are responsible for complying with local laws, if and to the extent local laws are applicable.
Services
OpenBlox Marketplace hereby provides you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing NFTs; and/or (b) if you are an Owner, creating an Owner profile and other webpages with respect to, and promoting, marketing, managing, selling, distributing and collecting sales proceeds for NFTs, in each case (i) in compliance with these Terms of Service; and (j) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations.
Your Acceptance
By clicking "Sign Up," "Register Now," "Get Started" or similar buttons, or when an Owner posts an NFT on the OpenBlox platforms, or downloads an Application, or browses the Services in any capacity, you hereby agree to these Terms of Service and enter into a binding contract with OpenBlox.
Our Privacy Policy
The Privacy Policy, which describes how we collect and use any personal data you provide or that we collect from you, also applies to your use of our Platforms.Use color to create unity
Our Hosting Services
Our mobile applications (when launched) may be hosted by us or by third parties, and you should refer to the relevant terms and conditions of such third parties.
Changes to these Terms of Use
We're always looking for ways to improve our Services, which means these Terms may also need to change. OpenBlox reserves the right to change the Terms at any time, but if we do so, we will notify you by posting a notice on the OpenBlox website. It is your responsibility to check our website regularly for any such changes.
The latest versions of these Terms of Use will take effect and govern your use of our Platforms and our relationship with you immediately after they are posted.
If you do not agree to the new terms; you will no longer be able to continue using the Services. As long as you continue to use our Platforms and services in any way, you acknowledge, accept and agree to be bound by the amended Terms.
Accessing our platforms
It is not guaranteed that our Platforms, or any or all of their content, will always be available or uninterrupted. Access to our Platforms is permitted on a temporary basis and we may suspend, withdraw, discontinue or change them at any time and for any reason, in our sole discretion.
It is your responsibility to make all arrangements necessary for you to gain access to our Platforms.In addition, it is your responsibility to make sure all persons who access our Platforms through your internet connection or device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
The use of our Platforms for illegal or unauthorised purposes is not permitted. You must not access our Platforms by automated and non-human means, whether by means of a bot, script, or otherwise.
The content available on or through our Platforms is not necessarily appropriate or available in your location. We have the right to limit the availability of our Platforms or any services or products described on our Platforms to anyone or any geographic area at any time. You access our Platforms at your own risk if you choose to do so from your location.
Prohibited Use
Our Platforms may not be accessed or used for any purpose other than those for which we make them available. Our Platforms may not be used for any commercial endeavour, unless we have expressly agreed in writing to allow you to do so.
Specifically, you must not do any of the following without our written permission:
The use of our Platforms for illegal or unauthorised purposes is not permitted. You must not access our Platforms by automated and non-human means, whether by means of a bot, script, or otherwise.
The content available on or through our Platforms is not necessarily appropriate or available in your location. We have the right to limit the availability of our Platforms or any services or products described on our Platforms to anyone or any geographic area at any time. You access our Platforms at your own risk if you choose to do so from your location.
Using our Platforms in any way that is unauthorised, including collecting usernames and/or email addresses of users to send unsolicited emails, or registering users by automated means or under false pretences;
We do not allow anyone to interfere with, disrupt, or create an undue burden on our Platforms or the networks and services that connect to our Platforms;
Bypass, disable, or otherwise interfere with security-related features of our Platforms, including those that prohibit or restrict the use or copying of Content, or enforce any limitations on their use;
Through any means, attempt to circumvent any restrictions on our Platforms, or any portion of our Platforms, on the Site;
Collect or compile data or other content from our Platforms, directly or indirectly, to create a collection, compilation, database, or directory;
Attempt to learn sensitive account information such as account details and passwords from us or other users by tricking, defrauding, or misleading them;
Use any information obtained from our Platforms to harass, abuse, or harm another person;
Impersonating another user or using the username of another user;
Transfer or sell your profile;
Using automated methods to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools;
Upload, transmit, or attempt to transmit viruses, Trojan horses, or any other material, including excessive capitalization or spamming (continually posting the same message), that interrupts our Platforms' uninterrupted operation, or In any way disrupts, obstructs, interferes with, or alters the use, features, functions, operation, or maintenance of our Platforms;
Transmit or upload (or try to upload or to transmit) any material that acts as an active or passive information collection or transmission mechanism, including but not limited to clear graphics interchange formats ("GIFs") a 1x1 pixel, web bug, cookie, or other similar device (sometimes called spyware or passive collection mechanisms or PCM);
Delete the copyright notices and other proprietary rights notices from any content in our Platforms;It is prohibited to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way constituting our Platforms;
Copy or adapt the software of our Platforms, including but not limited to Flash, PHP, HTML, JavaScript or any other code;
You may not initiate, launch, develop, or distribute any automated system, for example a spider, robot, cheat utility, scraper, or offline reader, without our permission, except in the case of standard search engines or internet browser usage.
Use our Platforms as part of any attempt to compete with us or for any commercial endeavour or revenue-generating effort;
Falsely report abuse or misconduct, or make improper use of our support services;
Offer to sell or advertise unauthorised goods and services through our Platforms;
Framing or linking our platforms without authorisation;
Harming us, our Platforms, or our reputation by disparaging, tarnishing, or otherwise degrading them (as determined by us in our sole discretion); Using our Platforms in a manner that violates any applicable law or regulation;Engaging in harassment, intimidation, or threats towards any employee or agent of ours engaged in providing any part of our Platforms to you;Engaging in harassment, intimidation, or threats towards any other user of our Platforms.
Accounts and Password
Registration
The password you are given, or the one you choose, as part of our security procedures, must be treated as confidential. You must not disclose it to a third-party. You are responsible for all use of your account and password.
You grant us the right to remove, reclaim, or change a username you have selected if we determine, at our discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Likewise, we reserve the right to disable any username or password, whether chosen by you or assigned by us at any time, if we believe that you have failed to comply with any provision of these Terms of Use.
We reserve the right to delete your account for any reason and without notice or liability, including but not limited to for breach of any representation, warranty, or covenant set forth in these Terms of Use or any applicable law or regulation.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Security
We require that all registration information you submit to us be true, accurate, current, and complete. You must maintain the accuracy of the information and, if necessary, promptly update it. We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Platforms if your information is untrue, inaccurate, not current, or incomplete.
You are responsible for maintaining the confidentiality of your password and account details, and you are fully responsible for all activities conducted under your account, including, but not limited to, actions taken by sub-users logged in under your account. You agree to immediately notify hello@openblox.io of any unauthorised use of your password or account or any other breach of security.
Age Restriction
Our Platforms are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our Platforms.
Fee and Payment
Any purchases (breeding Blox’s , buying Blox’s) from the OpenBlox Marketplace will be done through smart contracts on a blockchain using a wallet, such as Metamask, that you control. Any financial transactions that you engage in will be conducted solely through the Blockchain via your wallet. These payments or transactions will not be in our knowledge or control, nor will they be reversible by us. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the App or using the Smart Contracts, or any other transactions that you conduct via the Ethereum or Arbitrum network.Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network.
The Gas Fee funds the network of computers that run the decentralised Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App. We do not receive any portion of this Gas Fee.
In addition to the Gas Fee, each time you utilise a Smart Contract to conduct a transaction with another user via the App, you authorise us to collect a commission of 2% of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Arbitrum Network as a part of the transaction.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the platforms (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your Blox’s). Except for corporate taxes levied on OpenBlox, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
Intellectual Property
We own all rights to the platforms, Smart Contracts, source code, databases, functionality, software, designs, images, audio, video, text, and graphics contained on them (collectively, the "Content"), trademarks, and logos, service marks and logos. We own, control or licence them, and they are protected by copyright laws, trademark laws, intellectual property laws and unfair competition laws of the British Virgin Islands, foreign jurisdictions, and international conventions.
It is prohibited for any part of the platforms, the Smart Contract, or any Content or marks to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express written permission.
Based on your eligibility to use the platforms and smart contracts, a limited licence is granted to you to access the platforms, use the Content, or download or print a copy of any portion of it for your personal use only. We reserve all rights not expressly granted to you in and to the platforms.
Limitation of our liability
You understand and agree that we, our subsidiaries, affiliates, and licensees are not liable for any indirect, incidental, special, consequential, or exempt damages you might incur, regardless of how that damage was caused. We will not be responsible for any loss of profits (directly or indirectly), loss of goodwill or business reputation, loss of data, or cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
Due to the use of our Platforms, to your downloading of any content on it, or on any website linked to it, we will not be liable for any loss or damage that may occur from a virus, distributed denial-of-service attack, or other technologically harmful material that can damage your computer equipment, computer programs, data, or other proprietary material.
You are solely responsible for all data you transmit to our Platforms. We keep certain data that you transmit for the purposes of managing performance of our Platforms, as well as data relating to your use of our Platforms. If any such data is lost or corrupted, we will not be liable to you, and you hereby waive any claim against us for loss or corruption of such data.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by a third-party due to or arising out of the (1) use of our Platforms; (2) breach of these Terms of Use; (3) breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act from any other person’s use of our Platforms with whom you connected.
Not with standing the foregoing, we reserve the right to assume the exclusive defence and control of any matter for which you are required to indemnify us at your expense, and you agree to cooperate with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
Assumption of Risk
You understand, acknowledge and accept the following:
The prices of blockchain assets are extremely volatile. Fluctuations in the prices of other digital assets could adversely impact the value of your Blox's, which are also subject to significant volatility in price. We cannot guarantee that any purchasers of Blox’s will not lose money.
You are solely responsible for determining if any taxes apply to your Blox related transactions. We are not responsible for determining if any taxes apply to your Blox transactions on any of our platforms.
Using an Internet-based currency entails some risks, including the vulnerability of hardware, software, and Internet connections, the possibility of malicious software being introduced, and the possibility that third parties may obtain unauthorised access to information stored within your wallet.
You accept and acknowledge that OpenBlox will not be liable for any such risks or any damage you should suffer should any risk be realised. You accept and acknowledge that In no event will OpenBlox be liable for any communication failures, disruptions, errors, distortions or delays you encounter while using the Metamask network or any similar network, regardless of how they occur.
Third Party Links and resources in our platforms
The Platforms may contain links to sites and resources that are provided by third parties. We have no control over the content of those sites or resources and accept no liability therefore. These Terms of Use do not govern your use of any such third-party platform and your use of any third-party platform is entirely at your own risk.
General Provisions
No representation is made that the content on our Platforms is appropriate or available for use in every country worldwide. You are responsible for compliance with applicable local laws, as access to our Platforms may not be legal for certain persons or certain countries.
In the event that any provision or part of any provision of these Terms of Use are found to be illegal, invalid, or unenforceable, that provision or part-provision is deemed to not be part of these Terms of Use, and the legality, validity, or enforceability of the remainder of these Terms of Use will still remain unaffected, unless otherwise required by operation of applicable law.
You and we agree to these Terms of Use in relation to your use of our Platforms, and all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature are replaced, extinguished and dissolved, whether oral or written, in relation to such subject matter.
In the event we waive any breach of these Terms of Use, this will not be interpreted as a waiver of any subsequent breach.
Applicable law, Jurisdiction and dispute resolution
These Terms of Use, their subject matter and their formation (as well as any non-contractual disputes or claims) are governed by the laws of the British Virgin Islands.
You and we shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use (a 'Dispute'). If you and we are unable to resolve a Dispute within ninety (90) days of written notice of such Dispute being received by both sides, such Dispute shall be finally settled by binding arbitration in accordance with the BVI IAC Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Road Town, Tortola, British Virgin Islands. The language to be used in the arbitral proceedings shall be English.
In no event shall any Dispute brought by either Party related in any way to our platforms and the Smart Contracts be commenced more than one 1 year after the cause of the action arose..
Exceptions to informal negotiations and arbitration
You agree that the following Disputes are not subject to the above provision concerning negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of OpenBlox, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on our platforms, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Any or all of our rights or obligations may be assigned to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control.
Due to these Terms of Use or the use or access of our platforms, there is no joint venture, partnership, employment or agency relationship between you and us.
You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.