These Blockway Studio Terms of Use (the “Terms”) set forth the terms and conditions under which Blockway Studio, a company incorporated in Dubai, and its subsidiaries and affiliates (collectively, “BWS”, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to any of your activity in Blockway Studio, a decentralized, community-driven platform created and owned by BWS (“Blockway Studio”). These Terms govern your access to, use of, and interaction with Blockway Studio, including any content, functionality, and services offered on or through Blockway Studio and your creation of any Assets and/or Games (defined below) (collectively, the “Services”)
Please read these Terms carefully before you start to use Blockway Studio. By using Blockway Studio, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which can be found at the following URL: Privacy Policy, you must not access or use Blockway Studio.
Blockway Studio is offered and available to users who are 18 years of age or older. By accessing or using Blockway Studio, you represent and warrant that you are of legal age to form a binding contract with BWS and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Blockway Studio.
Blockway Studio enables users such as you to create, buy, transfer, and trade unique digital game assets (each, an “Asset” and together, the “Assets”), which can then be used on Blockway Studio for game playing purposes. Blockway Studio further enables users such as you to purchase and play games within which you can use Assets, which creates an interactive experience built for, and published on, Blockway Studio (each, a “Game”). A Game may be made available to users of Blockway Studio where you can interact with the business model (free, play to earn) of the Game at your own risk and discretion.
By utilizing our Services, you affirm that you are aware and acknowledge that BWS is a non-custodial provider of software services that has developed and distributed Blockway Studio where the Services occur without any involvement or actions taken by BWS or any third-party.
You may make your Asset eligible to be sold in Blockway Studio marketplace. You may determine the price for the Asset in Blockway Studio marketplace. You may be able to control the scarcity of the Asset in Blockway Studio marketplace. Any revenue earned in Blockway Studio marketplace for sales of the Asset, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your Asset.
If you elect to purchase and/or sell Assets on Blockway Studio, any financial transactions that you engage in will be conducted solely through the compatible network via MetaMask (or other compatible wallets and browsers). Blockway Studio has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, Blockway Studio 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 on Blockway Studio.
Each sales transaction that occurs in Blockway Studio will be subject to a fee payable by the purchaser to BWS. Such fee will be automatically applied as part of the sales transaction.
As between you and Blockway Studio, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on BWS’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of Blockway Studio (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or creation of any Assets and/or Games).
By using the Services, you will encounter “BWS Content”, which includes all of the images, text, information, data, audio, video, graphics and other material included on, or otherwise made available through the Services, excluding your Assets and/or Games. Except as otherwise set forth in these Terms, we do not claim ownership over your Assets.
All BWS Content is owned by BWS or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and BWS and its licensors, BWS or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all BWS Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of BWS or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any BWS Content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of BWS or any third party. We reserve all rights not expressly granted to you in these Terms.
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or BWS Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or BWS Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to BWS or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that BWS may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.
During the operation of the Services, you may upload certain Assets that you have acquired to Blockway Studio in accordance with these Terms. Except as otherwise set forth in these Terms, you remain the owner of your Assets at all times, and BWS does not claim any ownership rights in your Assets . Assets are otherwise subject to the following provisions. These Terms apply to all Assets that you contribute to Blockway Studio or to any Blockway Studio website.
You are solely responsible for ensuring that any Assets you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your Assets may be used in accordance with our Privacy Policy. BWS always has the right, in its sole discretion, to accept or reject any Assets.
By using the Services, you grant BWS a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and license to use, reproduce, publicly display, distribute and adapt the publicly shared Assets for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly shared Assets. You further grant BWS the right to use your name and trademarks, if any, in connection with our use of your publicly shared Assets.
You may make your Assets available for purchase in Blockway Studio. Each Asset is a non-fungible token (a “NFT”) on the blockchain. When you upload an Asset and make it available for sale in Blockway Studio marketplace, you retain ownership of all intellectual property rights associated with such Asset but you agree to make a certain number of the Assets available for sale as NFTs. End users who purchase the Asset own that underlying, purchased NFT completely and have the right to sell, trade, donate, give away, transfer, or otherwise dispose of the NFT as they see fit; provided, however, that each Asset will be tokenized so that it will have provable scarcity and proof of ownership.
If you make your Assets available to other users hereunder, you acknowledge and accept that such Assets (i) may be made available for purchase in Blockway Studio; (ii) can be downloaded from a third party application or website operated by Blockway Studio; and (iii) that the purchase of such Assets is governed by these Terms.
BWS attempts to make sure that all Assets uploaded to Blockway Studio are uploaded and made available for sale by their original creator, but BWS is not liable if another user breaches any of our terms and conditions (including these Terms) and/or creates Assets or Games of which they are not the original creator.
If you purchase an Asset in Blockway Studio, please be aware that the creator of the Asset retains copyright to the Asset, which means you cannot use the Asset for commercial purposes of any kind; provided, however, that you do acquire the right to display and resell the Asset.
STAKING
BWS may offer a staking program that allows token owners to lockup their tokens in order to receive rewards. If you decide to participate in staking, you agree to be bound by the additional Staking Terms Of Use.
USER CONTENT
1.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 1.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
1.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
1.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
1.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.
1.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
(i) You warrant and represent that: (a) you own or otherwise control all of the rights to your Assets ; (b) the Assets and/or Games are your original creations and are solely the result of your artistic effort; (c) the Assets and/or Games are free and clear of liens or encumbrances from any source whatsoever; (d) you know of no adverse claims to the Assets and/or Games; (e) you have secured or will have secured prior to submitting the Assets and/or Games to BWS, any and all necessary rights, clearances and/or licenses with respect to the Assets and/or Games, and any other materials and elements embodied in or used in connection with the Services; (f) none of the Services and/or other materials provided, created, produced, compiled, developed or otherwise supplied hereunder, shall violate or infringe upon the copyright, trademark, privacy, creative or other rights of any person, firm, corporation or other third party by reason of distribution, exhibition or other use; (g) any Asset and/or Game you upload to Blockway Studio or any information incorporated into your Land profile is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (h) you have not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.
(ii) Prohibition of Use. BY ACCESSING AND USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. BWS RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF SERVICES IN CERTAIN COUNTRIES OR REGIONS.
We appreciate your feedback and suggestions about our Services and you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
You agree that you bear all risks associated with your Assets . You are solely responsible for safeguarding your Assets , and BWS has no duty to store copies of Assets for future availability to you or any user except as otherwise provided under these Terms. BWS does not permit the infringement of intellectual property rights on the Services, and will remove Assets and/or Games from the Services if properly notified that such Assets and/or Games infringe on another’s intellectual property rights. We reserve the right to remove Assets from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a user pursuant to these Terms, we reserve the right to terminate the account of any user of the Services who has been notified of infringing activity and/or has had Assets and/or Games removed from the Service. We also reserve the right to decide whether Assets and/or Games are appropriate and comply with these Terms for violations other than violations of intellectual property law. This shall extend to the right of BWS to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your Assets and/or Games in any manner that we may determine, whenever we deem it appropriate.
(a) You agree to indemnify and hold BWS, its directors, officers and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of (i) a breach of any representation, warranty or covenant hereunder, (ii) any exhibition, presentation, distribution or exploitation of your Assets and/or Games or any rights therein, and (iii) the negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing. (b) You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Assets under these Terms and/or your relationship with BWS. (c) You agree to notify BWS promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Assets, your Games, or your obligations hereunder. (d) The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with BWS.
NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY BWS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, BWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BWS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BWS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, BWS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
At any time and without notice, BWS reserves the right to modify or stop offering all or part of the Services. BWS may, in its sole discretion and at any time, refuse anyone who requests access to Blockway Studio, terminate your rights to create and/or upload Assets , and/or block or prevent your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your Assets in accordance with these Terms.
The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by BWS. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. BWS may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. BWS may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.
The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of Dubai, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of Dubai and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
BWS reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.