/terms of use

Back to Earth, LLC. (“Back to Earth”, “we”, “us”), a Nevada limited liability company, provides content through http://Backto.earth and http://Starfate.tech (“the Sites”), mobile application(s), multimedia content, 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 BACK TO EARTH, 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 BACK TO EARTH’S WEBSITES OR USING ANY OF ITS SERVICES OR PRODUCTS OFFERED BY OR THROUGH BACK TO EARTH. YOUR AGREEMENT WITH OUR TERMS BEGINS THE MOMENT YOU START USING ANY BACK TO EARTH WEBSITE PAGE, PRODUCT, OR SERVICE.

1. Application and Amendment

Every client, customer, or user of any content or services of Back to Earth is subject to these Terms of Service. Back to Earth has the right to, and will, make modifications of these Terms at any time. You have the responsibility to view this page to see if there are changes made in these Terms set by the Back to Earth.Changes to these Terms are retroactive unless otherwise noted by Back to Earth. Continued use of the Sites after the changes have been made in these Terms signifies your agreement of the Terms asamended.

2. Description of Products and Services

Services available through Back to Earth include, but are not limited to general and personal customer service, provision and creation of gaming avatars, characters and a gaming environment, including graphics, video, sound, 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 Back to Earth gaming environment, which shall collectively be referred to as the “Back to Earth Platform” and are included within the meaning of “Products and Services” as used in these Terms.

Back to Earth 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 Back to Earth 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 the Sites may offer or provide.

3. StarCredits

The Back to Earth Products and Services are provided in connection with StarCredits (SCR), a blockchain-verified gaming token which can be purchased from, andexclusively used within, the Back to Earth Platform. All purchases of StarCredits are final and non-refundable. Back to Earth 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). Back to Earth reserves the right to change the price, value, and function of SCR at any time without notice to You. Back to Earth specifically disclaims any responsibility for losses related to Your inability to use the Back to Earth platform or the purchase or sale of SCR tokens.SCR is neither a currency nor an investment, and should only be purchased by persons intending to use SCR within the Back to Earth Products and Services.

4. Release

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 Back to Earth Products and Services or any other software offered by or through Back to Earth, 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.Users who are sensitive to audiovisual stimulation, such as persons with photosensitive epilepsy, and parents with small children should exercise extra caution when using the Back to Earth Platform, and should be aware of the risks of use, if any, for which Back to Earth accepts no responsibility.

5. Privacy Policy

Some services on the Sites 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. Back to Earth 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 Back to Earth Products and Services, and may link that data with your personally identifiable information for its own use. Back to Earth 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 Back to Earth Platform.Back to Earth may sell or share non-personally identifiable information about you and your use of Back to Earth.Back to Earth has developed a Privacy Policy, acceptance of which, like these terms, is a condition of use of the Back to Earth Platform. Please review it carefully and frequently, and discontinue use if you do not accept any of its provisions.

6. Copyright

All content included as part of the Products and Services, such as text, graphics, logos, images, video, as well as the compilation thereof, and any software used on the Back to Earth platform, is the property of Back to Earth 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. Back to Earth 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.

7. License

You are granted a non-exclusive, non-transferable, revocable license to access and use Back to Earth Products and Services strictly in accordance with these Terms, for the purposes of amusement only. As a condition of your use of the Back to Earth Products and Services, you warrant to Back to Earth 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 Back to Earth 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 Back to Earth Products and Services.

8. No Warranty

To the fullest extent permitted by law, the Products and Services of Back to Earth are provided "as is" and at your sole option and risk and neither Back to Earth 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 Los Angeles County, California, subject to Section 10 of these Terms.

10. Arbitration

By agreeing to these Terms, you also agree to arbitrate any and all claims against Back to Earth pursuant to the Federal Arbitration Act and subject to the terms below (the "Agreement to Arbitrate"). 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 Los Angeles, California. Nevada law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event a court or arbitrator determines that the limitation of the arbitration to Dispute(s) between you and Back to Earth (prohibiting class or representative proceedings) is unenforceable, the Dispute then must be brought exclusively in the state or federal courts of Los Angeles, California.

11. Exceptions to Requirement to Arbitrate

Notwithstanding the provisions of Section 10, either party may seek judicial relief from any court of competent jurisdiction (a) to enforce an arbitration award issued hereunder, (b) to compel arbitration required hereunder or (c) to obtain temporary injunctive relief to prevent imminent and irreparable harm or to preserve the status quo until an arbitrator can be empaneled and determine whether to continue, terminate or modify any such relief, subject to the provisions of Section 21, below.

12. Severability

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.

13. Releases, Disclaimers, and Limitation of Liability

BACK TO EARTH PROVIDES THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE SITES AND ALL OTHERASSOCIATED WEBSITES, THE SERVERS, THE CONTENT (INCLUDING STARCREDITS) AND YOUR ACCOUNT, STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT,

IN NO EVENT SHALL BACK TO EARTH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT BACK TO EARTH MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable provision of law.

14. Availability of Products and Services

Back to Earth does not ensure continuous, error-free, secure or virus-free operation of the Products and Services, the Sites, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on Back to Earth's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties and, to that extent, the foregoing disclaimers may not apply to you, but in any such jurisdiction, the liability of Back to Earth to you is limited to the lowest amount permitted by applicable law.

15. Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship with Back to Earth.

Back to Earth employs a staff of designers to develop new ideas and Back to Earth solicits and receives product idea submissions from professionals with whom it has business relationships.

Because of this, in your communications with Back to Earth, Back to Earth does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, (collectively, "Unsolicited Ideas and Materials"). Therefore, you must not send to in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials youpost on or send to us via the Products and Services become the property of Back to Earth.

Except as otherwise specifically described in these Terms or any Additional Terms, your relationship with Back to Earth is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you will be treated as non-confidential and non-proprietary User Content – regardless of whether you mark them "confidential", "proprietary", or the like. Back to Earth will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing.

16. The Sites are a United States-based service.

Back to Earth controls and operates the Products and Services from its offices in the United States. Back to Earth makes no representation that any aspect of the Products and Services are appropriate or available for use outside of the United States. Those who access the Service from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue the Service and/or any content, program, product, service or other feature described or available through the Products and Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

Software related to or made available by the Service may be subject to export controls of the United States. No software from the Products or Services may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the United States has embargoed goods, software, technology or services (which, as of the effective date of this User Agreement, includes Cuba, North Korea, Iran, Sudan and Syria), or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). By downloading any software related to the Products and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

17. You may not assign this Agreement or your Account; We may assign this Agreement.

You may not assign this Agreement or your Account without the prior written consent of Back to Earth. You may not transfer or sublicense any licenses granted by Back to Earth in this Agreement without the prior, written consent of Back to Earth. Back to Earth may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.

18. Notices

Back to Earth may give notice to and obtain consent from you by one or more of the following means: through the Sites, by electronic mail to your e-mail address in our records, or by written mail communication to the address on record for your Account, if any. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Any such notices shall be deemed received when sent. All notices to Back to Earth must be sent to: contact.backto.earth, or mailed to Back to Earth LLC, 6220 W 3rd St, Los Angeles, CA 90036.

With respect to any electronic commercial service on a Website, residents of California are entitled to the following specific consumer rights information: if you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at 1.800.952.5210. See also www.dca.ca.gov.

19.Entire Agreement

These Terms, and policies referenced in these Terms, all as amended from time time, set forth the entire understanding and agreement between you and Back to Earth with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings.

20.Section Headings for Convenience Only

The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. The terms "include" and "including" are not limiting. As used in this Agreement, references to a determination made in Back to Earth's discretion means that the determination will be made by Back to Earth in its sole and absolute discretion.

21. No Equitable or Injunctive Relief.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES OR DAMAGES IN CONNECTION WITH YOUR USE OF THE PRODUCTS AND SERVICES, THEN THE LOSSES AND DAMAGES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY BACK TO EARTH OR A LICENSOR OF BACK TO EARTH.

22. Children

The Products and Services are not directed toward children under 13 years of age, nor do we knowingly collect information from children under 13. If you are under 13, you are not authorized to use the Products or Services (except under the direct supervision of an adult who agrees to these Terms), and you are not authorized submit any personally identifiable information to us.