TERMS OF CONDITIONS

Last Updated: August 30th, 2023

These Terms of Conditions (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you"), and Black Tower Studios (“Black Tower", “we", “us" or “our") regarding your access to and use of the https://project-arkbound.com/ website as well as the Arkbound game software which is available for download for PC (collectively referred to as the “Site” and the “Software”). These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including marketing or promotional materials.

The Software operates as a distributed gaming application currently functioning on the Ethereum Network. It employs specially developed smart contracts (“Smart Contracts”) to facilitate user engagement through the earning of rewards and digital assets within the Arkbound game. Users can visualize and interact with these assets through the Software.

YOUR ACCESS TO AND USE OF THE SOFTWARE, THE SMART CONTRACTS, AND THE SITE ARE CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE SOFTWARE, SMART CONTRACTS, THE SITE, OR ANY OTHER OFFICIAL ARKBOUND PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS. SHOULD YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST CEASE USE OF THE SITE, THE SOFTWARE, THE SMART CONTRACTS, AND ANY OTHER OFFICIAL ARKBOUND PRODUCTS IMMEDIATELY.

ELIGIBILITY, REPRESENTATIONS, AND WARRANTIES

The Site and the Software are available exclusively to users who are at least 18 years old at the time of access (“Eligible User”). We reserve the right to request proof of your eligibility at any time while you are using the Site and the Software.
By utilizing the Site and the Software, you assert, represent, and warrant that:

You meet the Eligible User criteria and will engage with the Site, the Software, and the Smart Contracts through only human and non-automated means;
All the information and/or verification submitted by you in compliance with these Terms is true, enabling us to rely upon it fully;
You possess the legal right, authority, and capacity to abide by this agreement formed under these Terms; and
Your engagement with the Site and the Software will be for lawful purposes, adhering strictly to these Terms and complying with all pertinent laws, rules, and regulations.

ACCOUNT REGISTRATION, SOFTWARE, AND LINKAGE

By registering for a user account for the Site and the Software (“Your Account”), you grant Black Tower permission to utilize any images and details associated with you for promotional activities. Furthermore, Your Account must adhere to both these terms and the Epic Games Account Policy (incorporated here by reference).
To be eligible to earn rewards and/or digital assets through your engagement with the Site and the Software, you must comply with any requirements specified in these Terms or delineated on the Site and the Software from time to time. This includes providing your digital asset wallet address and linking your digital asset wallet to Your Account through the Site.
By associating your digital asset wallet with Your Account, you authorize us to legally manage the assets within it, including adding value to and withdrawing assets from the wallet. You assume sole responsibility for any transaction fees, taxes, and duties emerging from our management of the assets or from your use of the Site and the Software.
We will review account registration software to ensure compliance with the eligibility criteria outlined in clause (1) above. Approval is contingent upon our reasonable satisfaction of your status as an Eligible User. We maintain the right to reject or withhold approval of any software, with all decisions by Black Tower being final and conclusive.

USE OF THE SITE AND THE SOFTWARE

Your engagement with the Site and the Software is non-transactional; it neither demands a preliminary payment nor implies a promise or expectation of remuneration, advantage, or benefits, save for the prospective acquisition of rewards or digital assets as delineated in these Terms or showcased on the Site and the Software from time to time.
You bear sole responsibility for all costs associated with your usage of the Site and the Software, inclusive of those not explicitly stated in these Terms.
We retain the authority to initiate necessary and reasonable actions, including investigations, to safeguard Animoca against fraudulent or invalid operations involving the Site and the Software.
Commercial utilization of the Site and the Software is prohibited without securing our explicit prior consent.

TERMINATION AND DENY OF ACCESS

These terms shall remain in full force and effect while you use the site, the software, and the smart contracts.
Without limiting any other provision of these terms, Black Tower reserves the right, in its sole discretion and without notice or liability, to restrict, limit, or deny access to and use of the site, the software, and the smart contracts (including blocking certain IP addresses), to any person. Black Tower can also suspend or terminate your account for any reason or no reason at all, including but not limited to the breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation, or suspected fraudulent use of the site and the software.
In the event of any action against you pursuant to clause (12) above, you agree to abstain from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Besides the measures we may undertake as delineated in clause (12) above, Black Tower reserves the right to initiate further lawful actions, including but not limited to pursuing civil, criminal, and injunctive redress against you for breaching these terms and the representations and warranties contained herein.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the site, the software, and the smart contracts are the proprietary property of Black Tower and are protected by applicable copyright and trademark laws. This encompasses all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics on the site and the software (collectively referred to as the "Content"), as well as all trademarks, service marks, and logos contained therein (collectively referred to as the "Marks"), which are owned, controlled, or licensed by us.
You are prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or exploiting any part of the site, the software, the smart contracts, the Content, or the Marks for any commercial purposes without our express prior written permission.
Provided that you are eligible to use the site, the software, and the smart contracts, you are granted a limited license to access and use the site and software, and to download or print a copy of any portion of the Content to which you have properly gained access, but solely for your personal, non-commercial use. Black Tower reserves all rights not explicitly granted to you in regard to the site, the software, the Content, and the Marks.

MODIFICATIONSAND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT BLACK TOWER, ALONG WITH OUR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES YOU MAY INCUR, UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE DAMAGES WERE INCURRED DIRECTLY OR INDIRECTLY.
WE HAVE MADE THE SITE, THE SOFTWARE, AND THE SMART CONTRACTS AVAILABLE TO YOU IN RELIANCE UPON THE REPRESENTATIONS, WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. WE WOULD NOT BE ABLE TO PROVIDE YOU WITH ACCESS WITHOUT SUCH LIMITATIONS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY IN CASES OF PERSONAL INJURY CLAIMS OR WHERE OTHERWISE PROHIBITED BY LAW.
Black Tower shall not be responsible for any loss, damage, delay, or failure in the delivery of any rewards or digital assets caused by technical difficulties. This includes but is not limited to hardware or software failures, network/server errors, or user errors such as providing incorrect digital wallet information.

GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Japan. Black Tower Studios and you irrevocably consent that the courts of Japan shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including 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 any third party due to or arising out of:

use of the Services;
breach of these Legal Terms;
any breach of your representations and warranties set forth in these Legal Terms;
your violation of the rights of a third party, including but not limited to intellectual property rights; or
any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

MISCELLANEOUS

We reserve the right to cancel or amend these Terms without notice in the event of any catastrophe, war, civil or military disturbance, epidemic or pandemic, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Black Tower's control.
Black Tower shall have the right, in its sole discretion and at any time, to change or modify these Terms without prior notice to you, and all such changes shall be effective immediately when made. Any changes to the "Arkbound" PC game software will be notified to you as soon as reasonably practicable by Black Tower.
These Terms and any policies or operating rules posted by us on the Arkbound PC game software constitute the entire agreement and understanding between you and Black Tower. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Black Tower as a result of these Terms or use of the Arkbound PC game software.
You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, OR (4) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR FAILURE OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR TAKE RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN A BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TERMS & CONDITIONS ｜ PRIVACY POLICY ｜ SPECIFIED COMMERCIAL TRANSACTIONS ACT