These Terms and Conditions (“Terms”) are a legal agreement between you and Blockchain Media, a private limited company having its registered office at Suite 1A Level 2, 802-808 Pacific Highway, Gordon NSW 2072 Australia (“we”, “us”, or “our”), governing your access to and use of the website, services and experience provided through the website, and any other related services (collectively the “Service”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE AS THEY ARE BINDING ON YOU. WE ARE ONLY WILLING TO MAKE THE SERVICE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THE TERMS SET FORTH HEREIN. BY USING THE SERVICE, OR ANY PART OF IT YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS.
Your access to the Service is provided on an “as is” and “as available” basis. We reserve the right to alter, suspend or discontinue any and all of the Service at any time and without notice. Moreover, we reserve the right to access and participate in the Service of certain categories of people referred to as the Restricted Persons as defined below. We shall not be liable to you in any way if the Service is unavailable at any time and for any period, or you are barred from accessing and using the Service, for example, if you are a Restricted Person for the purposes of these Terms.
To access and use the Service: (i) you must be at least 18 years of age (or such other minimum age as is applicable in the jurisdiction you live in), and are not otherwise barred from using the Service under these Terms or applicable law, (ii) you may not use or access the Service on behalf of a legal entity or for a commercial purpose, and (iii) you must connect your Ethereum network-compatible wallet(s) to the Service and own game pass which is a digital asset either minted on the Service or obtained from a third-party marketplace (“Game Pass”).
The access or use of the Service is not allowed if you are located, incorporated or otherwise established in, or a resident of: (i) the Islamic Republic of Iran; (ii) Cuba; (iii) North Korea; (iv) any other jurisdiction designated as a restricted area on our Site (as amended from time to time); (v) a jurisdiction where it would be illegal for you to access or use the Service; or (vi) a jurisdiction where it would be illegal for us to provide you access to the Service (“Restricted Persons”). If you are a resident of or are operating from a restricted jurisdiction we have the right to terminate your access to the Service with immediate effect, without us being liable for any damages this might entail.
By accessing and using the Service, you represent and warrant that you are not the subject of any economic sanctions administered or imposed by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Consolidated List of the Department of Foreign Affairs and Trade of the Australian Government or any other relevant authority.
We grant you a personal, limited, non-exclusive, non-commercial, and non-transferable license to access and use the Service only as expressly permitted under these Terms. Any violation by you of the Terms may give rise to immediate termination of your right to use the Service, as well as potential liability for copyright and other Intellectual Property Rights infringement depending on the circumstances. Any use of the Service other than as specifically authorized in the Terms, without our prior written permission is strictly prohibited and will terminate the license granted herein.
You agree that you are responsible for your own conduct while accessing or using Service, and for any consequences thereof. You agree to use Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You acknowledge and expressly agree that you shall not, and shall not allow any third party to:
(i) use the Service commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;
(ii) distribute software viruses, worms, Trojan horses, corrupted files, or any other malware or any other items of a destructive or deceptive nature;
(iii) use, or provide ancillary offerings to anyone, that are not offered within the Service by us, such as hosting, “leveling” or “farming” services, mirroring our servers (or those operated on our behalf), emulation, communication redirects, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Service in any way, tunneling, third party program add-ons, and any interference with online or network play, or any other action, whether direct or indirect, whether carried out automatically or manually, that is substantially similar to the intent, effect or purpose of any of the foregoing;
(iv) upload, post, transmit or otherwise make available through the Service any content that infringes the intellectual proprietary rights of others;
(v) behave in a manner which is detrimental to the enjoyment of the Service by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming, or contrary to public morals or public policy;
(vi) engage in, promote, or encourage illegal activity, including, without limiting to, money laundering;
(vii) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Service or for any other purpose;
(viii) collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Service from other users of the Service without their express permission;
(ix) copy, alter, translate, modify, create derivative works from, reproduce, resell, reverse assemble, reverse engineer, reverse compile any portion of Service;
(x) remove any copyright, trademark or other proprietary rights notices contained in the Service;
(xi) reformat or “frame” or “mirror” any portion of the Service;
(xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or the content posted on the thereof, or to collect information about its users for any unauthorized purpose;
(xiii) access or use the Service for the purpose of creating a product or service that is competitive with any of our products or services.
If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend your use of Site.
Intellectual Property Rights
You expressly acknowledge and agree that any and all intellectual property rights ("Intellectual Property Rights") associated with the Service and its Content (including, but without limitation to all art, design, text, graphics, user interfaces, “look and feel”, photos, audio, video, complication of the content, code and data, computer code and all other forms of information or data) are the sole property of Blockchain Media, and its affiliates or are licensed for the use of Blockchain Media, unless otherwise is expressly set forth in these Terms. The Content is protected by Intellectual Property Rights and other laws available in Australia and other countries. Elements of the Service are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.
All customized graphics, icons, and other items that appear on the Service are trademarks, service marks or trade name ("Marks") of Blockchain Media, its affiliates or other entities that have granted us the right and licence to use such Marks and may not be used or interfered with in any manner without our express written consent. Except as otherwise expressly authorized by these Terms, you are not allowed to reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse the Content of the Service in any way without our prior written permission or that of an appropriate third party. Except as expressly provided herein, we do not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO USE THE SERVICE AND YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION. AS A RESULT, YOU ARE SOLELY RESPONSIBLE FOR VISITING AND USING THE SITE.
THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU.
ALL INFORMATION DISPLAYED ON THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE AND SHALL NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY NATURE, INCLUDING INVESTMENT ADVICE, FINANCIAL ADVICE, OR TRADING ADVICE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS, INCOMPLETENESS, INACCURACIES, DELAYS OR ACTIONS TAKEN DEPENDING ON THE INFORMATION CONTAINED THEREIN. BEFORE MAKING ANY DECISIONS BASED ON ANY INFORMATION OR OTHER CONTENT ON THE SERVICE, YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS ASSOCIATED WITH UTILIZING SUCH INFORMATION.
YOU ALSO ACKNOWLEDGE THAT YOUR COMPUTER OR MOBILE DEVICE AND THE INTERNET MAY AFFECT THE PERFORMANCE AND OPERATION OF THE SITE. WE ARE NOT RESPONSIBLE FOR ANY MALFUNCTION OR PROBLEM CAUSED BY YOUR EQUIPMENT, INTERNET CONNECTION, OR A THIRD-PARTY PROVIDER.
No Fiduciary Duty. These Terms do not create, or impose a fiduciary relationship between us and you. Your account on the Service is not a checking, savings or any other type of account, and is therefore not covered by any insurance against losses.
Volatility of Digital Assets. The volatility and unpredictability of the price of digital assets may result in significant loss over a short period of time.
Regulatory Risks. Legislative and regulatory changes may also negatively affect the use, transfer, exchange, and value of digital assets.
Irreversible Transactions. Transactions in digital assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
Technology Risk. We do not own or control any of the underlying software through which blockchain networks are established and digital assets are created and transacted. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Service, you understand and acknowledge that we are not responsible for the operation of the underlying software and networks that support digital assets and that we make no guarantee of functionality, security, or availability of such software and networks.
Forks. The underlying network protocols may be subject to sudden changes in operating rules, and third parties may from time to time create a copy of a blockchain network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network and more than one version of a digital asset. These events are wholly outside of our control, and our ability to deliver the Service may be affected due to them.
The risks mentioned herein are only some of the risks involved in using the Service and trading in digital assets and do not constitute an exhaustive list of such risks. There could be other risks such as risk of losing access to digital assets due to loss of private key(s), custodial error or purchaser error, risk of blockchain attacks, risk of hacking and security weaknesses, risks related to token taxation, etc. You are recommended to carefully consider whether holding or investing through digital assets in general and/or using the Service suits you in light of your financial condition and awareness of the risks.
Digital Assets & Rewards
Subject to these Terms you have the right to obtain digital assets on the Service that can be used for a variety of purposes, including to improve your experience when you interact with the Service (“Digital Assets”). Alternatively, you can obtain Digital Assets from a third-party marketplace or service (“Third-Party Service”) to be used on the Service. You acknowledge and agree that we do not control this Third-Party Service and that we disclaim any and all liability associated with your purchase or acquisition of Digital Assets from the Third-Party Service.
There may be limits relating to different aspects of your purchase transaction concerning Digital Assets. We may, from time to time, modify, or amend the fees and terms applicable to Digital Assets and post those changes in these Terms, in separate terms and conditions or in other terms or agreements posted on the Service or otherwise provided to you by us. If any change is unacceptable to you, you may terminate your experience with us at any time.
Subject to applicable law, (i) all Digital Assets remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; (ii) we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Digital Assets you gain access to; (iii) we may revoke your license to Digital Assets at any time consistent with these Terms without notice or liability to you; and (iv) by purchasing or using Digital Assets, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the applicable Digital Assets and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Digital Asset. Where applicable law does not permit you to waive your right to withdraw, you hereby agree that such withdrawal right expires immediately upon purchase and delivery of your Digital Asset, as permitted by applicable law.
You understand that the Digital Assets will be purchased with Ethereum and that we have no control over gas fees collected by Ethereum miners. You also understand that we do not have the ability to reverse Ethereum transactions. You are entirely responsible for the safety and management of your own private Ethereum wallets and validating all transactions and contracts generated by the Service before approval. Furthermore, as the smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
Furthermore, you acknowledge and expressly agree that purchase or acquisition of Digital Assets shall not be considered as investment of money, capital or other economic benefit, and there shall be no expectation of profit, returns or other economic benefits. Digital Assets do not grant rights such as ownership, repayment of a specific sum of money, or entitlement to a share in future profits.
By participating in the Service you may earn a variety of rewards and prizes carrying varied features (“Rewards”). You shall be eligible to participate in the Rewards draw and/or receive Rewards only if your jurisdiction permits your participation in such draws and/or reception of such Rewards. We disclaim any and all liability rising out of your participation and reception of Rewards against the laws and regulations of your jurisdiction.
You shall also acknowledge and agree that there may be a “burn” mechanism in relation to Digital Assets. By agreeing to these Terms and participating in the Service you expressly agree that you may experience a loss in relation to your Digital Assets which is a part of your overall experience with us and the Service.
You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Service (collectively, “Feedback”). By sending any Feedback, you agree that we are free to use and distribute such Feedback to third parties at our discretion and without any compensation to you, whether on a non-confidential basis or otherwise. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
Links to Third Parties Sites
Links to other websites, services or resources (collectively “third-party sites”) may be included on the Service. Unless expressly stated, these third-party sites are not owned or controlled by us. We neither assume nor accept responsibility or liability for the content of these third-party websites. The inclusion of a link to another website on the Service is for information only and does not imply any endorsement of the websites themselves or of those in control of them.
Service and Terms Modifications
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Service and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Service. If you continue to access or use the Service after we have posted updated Terms it means that you accept and agree to the changes. If at any time you don’t agree to be bound by the changes, you may not access or use the Service thereafter.
We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Service at any time. Subject to applicable law, you acknowledge that any data, progress, customization or other elements unique to the Service may cease to be available to you at any time without notice from us. You agree that we do not have any maintenance or support obligations with respect to the Service.
Subject to applicable law, we may change the Service at any time, for any reason, without notice or liability to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL WE AND/OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORSTHE (COLLECTIVELY THE “BCM PARTIES”) BE LIABLE TO YOU IN ANY WAY FOR ANY:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c) LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
IN EACH/ANY CASE, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OR THE SERVICE OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICE, EVEN IF SUCH RESULTS, DIRECTLY OR INDIRECTLY, FROM ANY ACTION OR OMISSION OF ANY BCM PARTY, AND REGARDLESS OF THE THEORY OR BASIS FOR THE CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, AND EVEN IF THAT BCM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CAUSE OF ACTION OR DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE BCM PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED TEN DOLLARS ($10 AUD) REGARDLESS OF THE NUMBER OF TIMES YOU ACCESS, USE OR PARTICIPATE IN THE SERVICE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
You agree to indemnify and hold us and any of our officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.
We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Law and Jurisdiction
These Terms, and the relationship between you and us, whether contractual or otherwise, shall be governed by, and construed in accordance with the laws of New South Wales, Australia without regard to its conflict of law provisions.
In the event of any controversy, dispute or claim (collectively “dispute”) between you and us arising out of or in connection with your use of the Services, the parties shall attempt, in good faith, to resolve any such dispute among themselves in an amicable fashion. If the parties are not able to resolve any such dispute within fifteen (15) days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation within a month of the submission to mediation, then the parties shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the competent courts of New South Wales, Australia will have the jurisdiction to hear the cases.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding use of the Service, and these Terms supersede and replace all prior oral or written understandings or agreements between you and us regarding the Service. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns. No provision of these Terms is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person or entity other than you and us and each party’s respective successors and permitted assigns.
Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions, or complaints you can directly contact us through the following contact details: