Blockspace Media, LLC. ("Blockspace"), a Nevada limited liability company, provides BackTo.Earth ("the site"), mobile application(s), desktop application(s) and various related services (collectively, the "Products and Services") to You, the user, conditioned upon your agreement to and compliance with all the terms, conditions and notices contained herein (the "Terms").
BY USING BACKTO.EARTH AND ANY OTHER CONTENT PROVIDED BY OR THROUGH BLOCKSPACE, YOU CONSENT TO BE BOUND BY THESE TERMS, WHICH WE MAY AMEND AT ANY TIME. USERS WHO DON'T WANT TO BE BOUND BY THESE TERMS SHOULD CEASE BROWSING BLOCKSPACE'S WEBSITE OR USING ANY OF ITS SERVICES OR PRODUCTS OFFERED BY OR THROUGH BLOCKSPACE. YOUR AGREEMENT WITH OUR TERMS BEGINS THE MOMENT YOU START USING ANY BLOCKSPACE WEBSITE PAGE, PRODUCT, OR SERVICE.
1. Application and Amendment
Every client, customer, or user of any content or services of Blockspace is subject to these Terms of Service. Blockspace has the right to, and will, make modifications of these Terms of Service at any time. You have the responsibility to view this page to see if there are changes made in these Terms set by the Blockspace. Changes to these Terms are retroactive unless otherwise noted by Blockspace. Continued use of this site after the changes have been made in these Terms signifies your agreement of the Terms as amended.
2. Description of Products and Services
Services available through Blockspace include, but are not limited to, personal customer service, provision and creation of gaming avatars, characters and a gaming environment, including graphics, data files, game credits, tokens and other premiums, and other files or digital content, and the provision of HTML and other code designed to be used in connection with the Blockspace alternative reality game, which shall collectively be referred to as the "Blockspace Platform" and are included within the meaning of "Products and Services" as used in these Terms.
Blockspace and its affiliates have the power to revise or terminate the existence of the Products and Services as well as any of the site's features at any time with or without prior notice to You. In no event will Blockspace be responsible for any liability incurred by you or any third party as a result of these changes should we decide to exercise such right. These Terms shall apply to all new services this site may offer or provide.
The Blockspace Products and Services are provided in connection with StarCredits (SCR), a gaming token which can be purchased from, and exclusively used within, the Blockspace Platform. All purchases of StarCredits are final and non-refundable. Blockspace does not warrant that SCR will be suitable for any particular purpose, and is offered to You without any warranty whatsoever (on an "as-is" basis). Blockspace reserves the right to change the price, value, and function of SCR at any time without notice to You. Blockspace specifically disclaims any responsibility for losses related to Your inability to use the Blockspace platform or SCR tokens.
You agree to indemnify, hold harmless, and release the Company, its manager(s), members, employees, agents and vendors from and against any claims by You or any other person related to or arising from Your purchase, sale, use, or loss of SRC, your use of any of the Blockspace Products and Services or any other software offered by or through Blockspace, and from all other claims against or related to the Company or SRC or these Terms, including claims for damages stemming from loss of revenue, loss of use, physical damage to or loss of property, personal injury, or contract damages, consequential damages, special, general, or punitive damages, or injunctive relief.
Some services on this site can only be accessed by filling out an online registration form in which you will be required to create an account with a password. This registration will collect information such as your name, address, email address, and other personally identifiable information. Blockspace may also collect certain data about your use of the Products and Services such as usage statistics, geographical location, data collected about your operating system, web browser, and your browsing activity while using the Blockspace Products and Services, and may link that data with your personally identifiable information for its own use. Blockspace will not sell your personally identifiable information, or share any personally identifiable information with unaffiliated third parties, and will only use your personally identifiable information in the provision or improvement of services by or through the Blockspace Platform. Blockspace may sell or share non-personally identifiable information about you and your use of Blockspace.
All content included as part of the Products and Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Blockspace platform, is the property of Blockspace and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Blockspace does not grant its customers any license to display or otherwise use any such content, including screen images, HTML or other computer code, or any text on the website, except as provided in these Terms.
You are granted a non-exclusive, non-transferable, revocable license to access and use Blockspace Products and Services strictly in accordance with these Terms, for the purposes of amusement only. As a condition of your use of the Blockspace Products and Services, you warrant to Blockspace that you will not use the Products and Services for any purpose that is unlawful or prohibited by these Terms. You agree to abide by any terms of payment for the Products and Services offered through the Blockspace platform, including the purchase and use of SCR. You may not use the Products and Services in any manner which could damage, disable, overburden, or impair the Products and Services or interfere with any other party's use and enjoyment of the Products and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Products and Services. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, of the Blockspace Products and Services.
8. No Warranty
To the fullest extent permitted by law, the Products and Services of Blockspace are provided "as is" and at customer's sole option and risk and neither Blockspace nor any of its affiliates make any guarantee in connection with the Products and Services or the results of either.
9. Choice of Law and Forum
The laws of the State of Nevada shall govern the validity of these Terms, their construction, and the interpretation of the rights and duties of the parties hereto. The parties agree that any claim or action relating to these Terms shall be brought in the state or federal courts having jurisdiction over Washoe County and Reno, Nevada, subject to Section 10 of these Terms.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in front of one arbitrator, and administered by the American Arbitration Association under its Consumer Arbitration Rules, unless the Parties mutually agree to an alternative arbitration forum. The place of arbitration shall be Reno, Nevada. Nevada law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If any provision of this agreement is deemed to be unenforceable or unlawful by a court or competent jurisdiction, then the offending provision shall be struck out and the remaining provisions shall continue in effect.