Last updated: May 27, 2020
Ember Sword is an online game to which buyers can buy Land Plots based on NFTs. Land Plots are sold in parcels of 1x1 to 20x20 containing a set of land plots of different types containing amongst others a full city.
The game is still in development, therefore not yet released, and this may result in changes to the different Land Plots, capabilities and usage. Smart contracts grant the right to the specific plot purchased and only that. The game is still under development, therefore elements, features, characters can change things such as but not limited to visuals etc.
App: means the by Bright Star Studio distributed application that runs on the Polygon/Ethereum Network, where individual persons can buy Land Plots, which then can be visualized on a website that the buyer of Land Plots can interact with.
Site: means the (Ember Sword) website that the buyer of Land Plots can interact with.
Land Plots: means the plots of land and anything related thereto in the Ember Sword game built upon NFTs which individual persons can buy from Bright Star Studio through the Polygon/Ethereum Network. Land Plots come in four different types: regular, settlement, town and city. When using “Land Plots” in the forthcoming terms, Bright Star Studio refers to not only the original Land Plots bought, but also any other to these Land Plots connected items, art, designs, drawings etc.
NFT: means Non-fungible token which can be bought on Polygon/Ethereum Network using cryptocurrency.
Smart Contract: means the contract you automatically agree to on the Polygon/Ethereum blockchain to execute transactions.
You may be required to register and thereby submit your personal information to the Site, the App, and the Smart Contract. It is your responsibility to ensure complete, accurate, relevant information and to maintain the information associated with your registration and account.
We inform you that you must have the legal capacity necessary to perform your obligations under these Terms and you understand that you cannot legally purchase Land Plots, or use the App and the Site if you are a minor in the jurisdiction you reside.
You agree to keep your wallet address and password personal and confidential and will be responsible for all use of and access to your account and password.
You acknowledge that for the purpose of complying with applicable legislation, including but not limited to anti-money laundering laws and regulations, court rulings, public authorities decisions, industry practice, or other request or requirements, we may demand from you further information to be able to fully identify or perform checks of you or others; You agree and understand that fulfilling of such requirements may be necessary to complete the transactions on the Polygon/Ethereum Network with the purpose of buying, selling or trading Land Plots and using the Site, the App or the Smart Contract, and that we may have to rescind such transactions if you do not comply with our demands in this respect.
We own and shall remain the sole owner of all legal rights, titles and interests in and to all other elements of the Site and in the App, and all intellectual property rights (“IP rights”) vested in the App.
When purchasing Land Plots, you own the underlying NFT completely. Within your ownership lies that you are permitted to trade, sell or give away your NFT. NFT ownership, and rights included herein are governed by the Smart Contract and the Polygon/Ethereum Network.
We grant you a limited license to access and use the Site, the App and the purchased Land Plots. The right granted is revocable, non-exclusive, non-perpetual and non-transferable except as otherwise set forth in these Terms.
This right granted applies only to the extent that you continue to own the Land Plots. If you at any time decide to trade, sell or give away the Land Plots to others, the rights to the specific Land Plots immediately cease to exist.
Limitation of use
Unless otherwise specifically stated in the Terms, your purchase of Land Plots and underlying NFT does not include; i) any rights or licenses to Bright Star Content (as defined in section 6 below), ii) a right to transfer the license to other parties or entities unless it forms part of a trade, sale, or give away through the Polygon/Ethereum Network subject to the terms in the Smart Contract, iii) a right to use, copy, display or otherwise utilize the Land Plots for non-personal commercial purposes, iv) a right to modify the Land Plots, v) a right to use the Land Plots in a way that infringes the rights of others, including but not limited to fundamental human rights and IP rights, vi) a right to attempt to acquire additional IP rights to the Land Plots.
The ownership covers both content created prior to or during the use of the App by both parties under these Terms and shall cover the following non-exhaustive list of IP rights: any inventions, patents, copyrights, design rights, trade right, or knowhow, whether registered or not in relation to all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics and any other content (collectively, “Bright Star Content”) on the Site and in the App.
The purchase of Land Plots and underlying NFT is enabled through the Polygon/Ethereum Network. The financial transactions that you engage with in this network are governed solely by the Polygon/Ethereum Network and we have no insights to or control over such transactions. Any claims or damages that may arise as a result of transactions on the Polygon/Ethereum Network is not part of our responsibility or control, and as such we cannot be held liable to you or any third parties for any claims or damages connected to transactions.
Each time you utilize a Smart Contract to conduct a transaction, no matter the type of transaction, with another user via the App, you authorize us to collect a commission of the total value of the transaction.
Bright Star Studio to the fullest extent permissible under applicable law, makes no warranties of any kind related to the Site, the App and the Smart Contracts, whether express or implied. This also applies for any communication between us and you after your purchase of Land Plots.
The Site, the App and the Smart Contracts are provided “AS IS” and “AS AVAILABLE” and you understand and agree that the Ember Sword Game is still under production and the Site, the App, these Terms and the purchased Land Plots may be subject to further development and changes.
Bright Star Studio will not be held accountable, responsible or liable for any losses or damages, whether direct or indirect, you incur as a results of your use of Smart Contracts and the Polygon/Ethereum Network, and any payments and transactional actions performed by you in relation thereto.
Land Plots are intangible digital assets that exist only by virtue of the ownership record maintained in the Polygon/Ethereum Network. You agree and understand that Bright Star Studio has no control over or and makes no warranties with respects to Smart Contracts, or losses due to blockchain or any other features of the Polygon/Ethereum Network.
Bright Star Studio cannot be held liable for any indirect, special or incidental damages, such as but not limited to loss of data, loss of goodwill or business reputation, loss of profits (whether incurred directly or indirectly), or any other intangible loss you may incur and you agree even if it has been advised of the possibility of such damages. You agree and understand that the total, aggregated liability to you for any claim arising out of or relating to these Terms, or your use of or access to the Site, the App and the Smart Contracts will be limited to 30% of the total amount you paid to us in a period of 6 months prior to the date the claim arose.
You agree to hold harmless and indemnify Bright Star Studio and its subsidiaries, affiliates, offers, agencies, advertisers, licensors, suppliers or partners against any claim, loss, liability, damage, of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising from or in any way related to your breach of these Terms, misuse of the Site and the App, violation of Applicable laws, rules or regulations in connection with your access to or use of the Site and the App.
These Terms and any dispute relation hereto, or to the use of the Site, the App, and the Smart Contracts, will be governed by and construed in accordance with Danish law. In the event of any lawsuit or proceeding, the Courts of Denmark will have exclusive jurisdiction.
If a dispute arises relating to these Terms, both parties agree to first attempt to resolve the dispute by informal negotiations. If informal negotiations do not result in a satisfying resolution, you agree and understand that the dispute will be finally and exclusively resolved by binding arbitration in accordance with Danish law.
If any dispute arises out of or relating to this Agreement, the Parties shall attempt to settle it by mediation in accordance with the Association of Danish IT Attorneys’ (DITA) Mediation Procedure (www.danske-it-advokater.dk). The mediator shall be nominated by DITA. The mediation shall take place in Copenhagen and the language of the mediation shall be English. The Mediation Agreement referred to in the Mediation Procedure shall be governed by, and construed and take effect in accordance with, the substantive law of Denmark. To initiate the mediation a Party must give notice in writing to the other Part[y][ies] to the dispute requesting a mediation. A copy of the request shall be sent to DITA. The mediation shall start no later than 8 (eight) days after DITA's receipt of the notice. No Party may commence any arbitration proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and the mediation has terminated. As a minimum, a Party shall be obliged to attend the first meeting convened by the mediator. A Party shall be entitled to commence arbitration proceedings if any delay of such proceedings may result in the forfeiture of any right, e.g. due to time-barring.
These Terms shall remain effective and in full force while you use the Site, the App and the Smart Contracts.
Termination may only be effectuated by you if you cancel your account and cease to use the Site, and the App.
Termination or suspension, depending on the cause, may be effectuated by us for any breach of these Terms, misuse of the Site, the App or the Smart Contracts, without warning, in our sole discretion. Termination or suspension may also be effectuated by us for any other action performed by you justifying such termination or suspension, including but not limited to, for example, all at our sole discretion:
Your application of the Site, the App or the Smart Contract for criminal purposes or fraudulent conduct;
Your application of the Site, the App or the Smart Contract with the intention to establish other financial instruments or engage in other financial transactions than already enabled on the Polygon/Ethereum Network and governed by the Smart Contract;
Requirement by applicable law, rule or regulation;
Termination or change of terms by third party service provider in relation to services necessary for us fulfill our obligations;
Risk of continued services creating a substantial economic burden on us;
Risk of continued services creating a security risk or material technical burden .
Upon termination your account will be deleted, and your access to the Site and The App will expire and any rights granted in these Terms will expire.
You understand and agree that these Terms, the Site and App may be subject to changes. You understand that the Ember Sword game has not yet been released and more obligations and rights may be imposed on or granted to you in the future. It remains your own responsibility to keep yourself updated with changes to these Terms.