- Terms and Conditions
Last updated
Last updated
These terms of use establish a legally binding agreement between you, either personally or as a representative of an entity (referred to as "you"), and ENERGYBLOCKS (referred to as "we," "our," or "us"). This agreement covers your access to and use of the website and any other associated media, such as multimedia content, channels, mobile websites, or applications (collectively referred to as the "Site"). ENERGYBLOCKS is an application that operates on the Solana Blockchain (referred to as "the Blockchain"), using customized smart contracts (referred to as "Smart Contracts") to offer users the ability to purchase and exchange non-fungible tokens (NFTs) for "energy" in the game, which can be used for playing. The NFTs can be accessed on an interactive website for the user (referred to as "the Site").
WE PROVIDE YOU ACCESS TO THE SITE, SMART CONTRACTS, AND APPLICATION ONLY IF YOU ACCEPT ALL TERMS OF USE. BY USING THE APPLICATION, SMART CONTRACTS, THE SITE, OR ANY OTHER ENERGYBLOCKS PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO COMPLY WITH ALL TERMS OF USE. IF YOU DO NOT ACCEPT OR AGREE TO ALL TERMS OF USE, YOU ARE STRICTLY PROHIBITED FROM USING THE SITE, APPLICATION, AND SMART CONTRACTS, AND YOU MUST CEASE THEIR USE IMMEDIATELY.
All terms and conditions or additional documents that may be published from time to time on the site, application, and smart contracts are fully incorporated into these terms of use by reference. We reserve the right, at our sole discretion, to make changes or adjustments to these terms of use at any time and for any reason. We will inform you of any changes by updating the "Last Updated" date in these Terms of Use, and you waive the right to receive individual notice for each change.
It is your responsibility to regularly check these terms of use for any updates. By continuing to use the site, application, and smart contracts after the publication of updated terms of use, you will be deemed to have been informed of and accepted the changes made to the revised terms of use.
The information provided on the site, application, and smart contracts is not intended to be distributed to individuals or entities in any jurisdiction or country where such distribution or use would violate the law or regulation, or require us to be registered in that jurisdiction or country. Therefore, any person accessing the Site and/or the Application in violation of local laws does so at their own risk and will be responsible for any consequences that may arise.
The Site is intended for users aged 18 and older. Individuals under the age of 18 are prohibited from using or registering on the site, application, and smart contracts.
Our ownership encompasses the Site, App, and Smart Contracts, along with the source code, database, functionality, software, website design, audio, video, text, photos, and graphics featured on them, collectively referred to as "Content," as well as the trademarks, service marks, and logos (together referred to as "Marks") contained within. These assets are either owned or under our control, or licensed to us. They are safeguarded by copyright, trademark, intellectual property rights, and unfair competition laws in Guatemala, foreign jurisdictions, and international conventions. Unless explicitly stated in the Terms of Use, none of the Site, App, Smart Contracts, Content, or Marks may be utilized for commercial purposes, including copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or exploiting without our express written consent.
Subject to your eligibility to use the Site, App, and Smart Contracts, you are granted a limited license to access and use the Site, or to download or print a portion of the Content for which you have obtained legitimate access, solely for your personal, non-commercial purposes. All rights not expressly granted to you regarding the Site, App, Content, and Marks are reserved by us.
By utilizing the Site, the App, and the Smart Contracts, you affirm and warrant the following: (1) all information provided during the registration process is accurate, current, and complete; (2) you will maintain the accuracy of this information and promptly update it as necessary; (3) you possess the legal capacity to adhere to these Terms of Use; (4) you are at least 18 years old in your jurisdiction; (5) you will not access the Site, the App, and the Smart Contracts through automated means, such as bots or scripts.
(6) You agree not to utilize the Site, the App, and the Smart Contracts for any unlawful or unauthorized purposes; (7) Your usage of the Site, the App, and the Smart Contracts must adhere to all relevant laws and regulations. In the event that false, outdated, or incomplete information is provided, we reserve the right to terminate your account and prohibit any present or future use of the Site, the App, and the Smart Contracts, or any portion thereof.
(8) As a human player, you may only operate one account to engage in ENERGYBLOCKS within a 24-hour timeframe. (10) You are not listed on any trade embargo or economic sanctions rosters, including the United Nations Security Council sanctions list, the OFAC (Office of Foreign Assets Control) roster of specially designated nationals, or the U.S. Department of Commerce's denied persons or entity roster. (11) ENERGYBLOCKS or our collaborating third-party providers may retain your IP address used to access the site. (12) The use of multiple accounts for ENERGYBLOCKS is prohibited and constitutes a violation of these Terms and Conditions. The Company reserves the right to terminate all of your accounts and prohibit you from playing if it discovers that you have created multiple accounts. If you inadvertently created more than one registered account, you must notify the company immediately. Failure to do so may result in the closure of your account and your exclusion from gameplay.
ENERGYBLOCKS retains the right to determine the markets and regions in which it operates and may, at its sole discretion, restrict or decline to offer its services in specific countries or regions.
In order to use the Site, App, and Smart Contracts, you may need to create an account by registering and certain information may be required. It's important to keep your password secure and you'll be held responsible for all activities that occur under your account. The company reserves the right to change or reclaim your chosen username if they find it inappropriate or offensive.
The Site, App, and Smart Contracts are to be used solely for their designated purpose as determined by ENERGYBLOCKS. Commercial utilization of these resources is strictly forbidden unless authorized through a legally binding agreement with ENERGYBLOCKS.
Systematically collecting information or other content from the Site, App, and Smart Contracts to create a collection, compilation, database, or directory without obtaining written consent from ENERGYBLOCKS is prohibited.
Do not employ the Site, App, or Smart Contracts in any manner not explicitly sanctioned by ENERGYBLOCKS. This encompasses, but is not restricted to:
Gathering user information like usernames and email addresses for unsolicited emails, or generating fake user accounts using automated methods or deceptive practices.
Utilizing a buying agent or purchasing agent to make acquisitions on the Site, the App, and the Smart Contracts.
Employing the website, app, and smart contracts to advertise or offer services and products for sale.
Evading, deactivating, or otherwise disrupting security-related features of the Site, the App, and the Smart Contracts.
Attempting to mislead, defraud, or deceive us or other users, particularly by trying to acquire sensitive account information such as passwords.
Misusing our support services or submitting false reports of abuse or misconduct.
Conducting automated actions on the system, such as sending comments or messages through scripts or using tools to gather and extract data, unless explicitly stated in 2.5.
Interfering with, disrupting, or excessively burdening the website, app, smart contracts, or associated networks/services.
Impersonating another user or attempting to use someone else's username.
Selling or transferring your profile.
Utilizing information obtained from the website, app, or smart contracts to harm others.
Competing with the website, app, or smart contracts or employing them for commercial purposes.
Decoding, analyzing, dismantling, or reverse-engineering any software constituting part of the website, app, or smart contracts.
Attempting to bypass measures that prevent or restrict access to the website, app, or smart contracts.
Harassing, intimidating, or threatening employees or agents involved in providing the website, app, or smart contracts.
Removing the copyright or other proprietary rights notice from any content.
Copying or adapting the website's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Uploading or transmitting viruses, Trojan horses, or other harmful material that disrupts the uninterrupted use and enjoyment of the website, app, or smart contracts.
Uploading or transmitting material that acts as an active or passive information collection or transmission mechanism, including clear graphics interchange formats, 1x1 pixels, web bugs, cookies, or similar devices.
Using, launching, developing, or distributing any automated system that accesses the website, app, or smart contracts without authorization.
Disparaging, tarnishing, or otherwise harming the website, app, or smart contracts or us.
Using the website, app, or smart contracts in a manner inconsistent with applicable laws or regulations.
Engaging in any practice aimed at manipulating the outcome of ENERGYBLOCKS matches, such as match-fixing, win-trading, or colluding between competitors. All players should compete to the best of their abilities.
All transactions conducted through the site or marketplace will be processed via blockchain smart contracts using a wallet such as Phantom Wallet or Solana Wallet. Financial transactions are exclusively managed on the blockchain through a wallet, and we have no involvement or authority over them. We are unable to reverse any transactions and bear no responsibility for any claims or damages arising from transactions conducted on the site, app, or through the smart contracts using the Solana network.
In addition to any blockchain and network fees, each time you engage in a transaction through the app, such as converting the app's built-in EB token to another cryptocurrency, you grant ENERGYBLOCKS the right to levy a 2.5% commission on the total value of the transaction. You acknowledge and consent that the commission will be directly remitted to ENERGYBLOCKS. Whenever you participate in an ENERGYBLOCKS game utilizing the app's built-in EB token, you also authorize ENERGYBLOCKS to collect a 5% commission on the total EB token used in that game or round. You recognize and accept that the commission will be directly transferred to ENERGYBLOCKS.
Regarding Taxes, you will be solely responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments (excluding taxes on our net income) that may be asserted or imposed by any governmental authority in connection with your use of the App (including, but not limited to, any Taxes that may become due as a result of your ownership, transfer, or gain of any app intrinsic EB token and/or other cryptocurrencies). With the exception of income taxes imposed on ENERGYBLOCKS, you: (i) agree to pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes required by international tax treaties, customs, or other import or export taxes, and amounts imposed in lieu thereof based on charges set, services performed, or payments made hereunder, as are currently or in the future may be imposed under the authority of any national, state, local, or any other taxing jurisdiction; and (ii) are not entitled to offset the amount of any such taxes, duties, or assessments from payments made to us pursuant to these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide regarding the Site, App, or Smart Contracts (referred to as "Submissions") shall be deemed non-confidential and become our sole property. We shall have the exclusive right to utilize and distribute these Submissions for any purpose, whether commercial or otherwise, without providing compensation or acknowledgment to you. You hereby waive any moral rights associated with these Submissions and affirm that they are either original or submitted with the appropriate rights. You understand that we shall not be held liable for any alleged or actual infringement or misappropriation of any proprietary rights associated with your Submissions.
ENERGYBLOCKS may enter into partnerships with other applications or websites, referred to as "Third-Party Websites". The ENERGYBLOCKS website and/or App may contain links to other websites, as well as third-party content such as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, non-fungible tokens (“NFTs”), and other materials. ENERGYBLOCKS does not investigate, monitor, or verify the accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content, and is not responsible for any Third-Party Websites accessed through the Site and/or App, or any Third-Party Content posted on, available through, or installed from the Site and/or App, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. The presence of any Third-Party Websites or Third-Party Content on the Site and/or App does not indicate endorsement or approval by ENERGYBLOCKS.
If you choose to leave the ENERGYBLOCKS Site and/or App and access Third-Party Websites or utilize or install any Third-Party Content, you do so at your own risk and understand that the Terms of Use no longer apply. It is recommended that you thoroughly review the applicable terms and policies, including privacy practices and data collection procedures, of any website you navigate to from the Site and/or App or any applications you install from the Site and/or App. Any purchases made through Third-Party Websites will be from separate companies and websites and ENERGYBLOCKS assumes no responsibility for such purchases which are solely between you and the third party. You acknowledge that ENERGYBLOCKS does not endorse products and services offered on Third-Party Websites and agree to indemnify ENERGYBLOCKS from any harm resulting from your purchase of said products or services. Additionally, you agree to hold ENERGYBLOCKS harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
While you use the Site, the App, and the Smart Contracts, these Terms of Use shall remain in full effect. WE RESERVE THE RIGHT, WITHOUT NOTICE OR LIABILITY AND AT OUR SOLE DISCRETION, TO RESTRICT ACCESS TO AND USE OF THE SITE, THE APP, AND THE SMART CONTRACTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR FOR NO REASON, INCLUDING BUT NOT LIMITED TO, BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT INCLUDED IN THESE TERMS OF USE OR IN COMPLIANCE WITH ANY APPLICABLE LAW OR REGULATION. WE MAY ALSO TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE, THE APP, AND THE SMART CONTRACTS, OR DELETE YOUR ACCOUNT AT OUR SOLE DISCRETION AND WITHOUT WARNING.
In the event that we choose to terminate or suspend your account for any grounds, you are forbidden from registering and establishing a new account using your own name, a fictitious name, or the name of another person, even if you are acting on behalf of said third party. In addition to ending and interrupting your account, we retain the right to implement appropriate legal action, including but not limited to seeking civil, criminal, and injunctive redress.
This Terms of Use and your use of the Site, the App, and the Smart Contracts are governed by and constructed in accordance with the laws of Guatemala applicable to agreements made and to be entirely performed in Guatemala, without regard to its conflicts of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (which will hereinafter be referred to as "Dispute"), brought forth by either you or us (which will hereinafter be referred to as "Party"), both Parties agree to make an effort to negotiate the Dispute informally for a minimum period of thirty (30) days prior to beginning the arbitration process. The informal negotiations will commence upon receipt of written notice from one Party to the other.
If a dispute (except those Disputes expressly excluded below) between the Parties cannot be resolved through informal negotiations, it will be resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
In the event that the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, if applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration fees and compensation shall be governed by the AAA Consumer Rules, with limitations as outlined by these rules. These rules and procedures can be found on the AAA website at www.adr.org. Should the arbitrator determine that the costs incurred are excessive, the entire amount of the arbitration fees and expenses will be covered by us. The arbitration can take place in Guatemala, unless otherwise specified by the applicable AAA rules or applicable law. The Parties retain the right to take legal action to enforce arbitration, temporarily halt proceedings pending arbitration, or to confirm, alter, annul, or enforce the decision made by the arbitrator.
In the event that a Dispute proceeds in a court of law rather than through arbitration, it shall be initiated and pursued in the state and federal courts located in Guatemala. The Parties hereby agree to and waive any objections to personal jurisdiction and the inconvenient forum in connection with venue and jurisdiction in such state and federal courts.
In the event that a dispute arises between the Parties that is in any way related to the Site, the App, and the Smart Contracts, the dispute must be initiated within one (1) year from the date the cause of action arose. If it is found that this provision is invalid or unenforceable, neither Party will choose to resolve the dispute through arbitration, and the dispute will instead be resolved by a competent court within the jurisdiction previously stated. The Parties agree to submit to the jurisdiction of the aforementioned court
The Parties acknowledge that the following disputes are exempt from the previously mentioned clause regarding informal negotiations and binding arbitration: (a) any dispute regarding the enforcement or protection of intellectual property rights of a party, (b) any dispute stemming from allegations of theft, piracy, invasion of privacy, or unauthorized usage, and (c) any request for injunctive relief. If this section is deemed to be illegal or unenforceable, neither party will choose to resolve such dispute through arbitration and instead, it will be resolved by a competent court within the jurisdiction previously stated, and the parties agree to submit to the jurisdiction of that court.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP, AND THE SMART CONTRACTS ARE AT YOUR OWN RISK AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP, AND THE SMART CONTRACTS. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT GUARANTEE THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP, AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SITE, THE APP, AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP, AND THE SMART CONTRACTS WILL BE ACCURATE; (IV) THE SITE, THE APP, AND THE SMART CONTRACTS, OR ANY CONTENT, SERVICES, OR FEATURES AVAILABLE ON OR THROUGH THE SITE, THE APP, AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA YOU DISCLOSE WHEN YOU USE THE SITE, THE APP, AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
BY ACCESSING AND UTILIZING THE SITE, THE APP, AND THE SMART CONTRACTS, YOU ACKNOWLEDGE THE INHERENT SECURITY RISKS ASSOCIATED WITH TRANSMITTING INFORMATION AND CONDUCTING TRANSACTIONS ONLINE. YOU AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY SECURITY BREACHES UNLESS IT CAN BE PROVEN THAT SUCH BREACH WAS A RESULT OF OUR GROSS NEGLIGENCE.
ENERGYBLOCKS SHALL NOT BE HELD RESPONSIBLE OR ACCOUNTABLE FOR ANY LOSSES INCURRED BY YOU IN RELATION TO YOUR UTILIZATION OF THE SOLANA NETWORK, SOLANA ELECTRONIC WALLET, PHANTOM ELECTRONIC WALLET, METAMASK ELECTRONIC WALLET AND YOUR ENERGYBLOCKS ACCOUNT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS, DAMAGE, OR CLAIM THAT ARISES FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR MISUNDERSTANDINGS OF SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE FORCE OR OTHER MEANS OF ATTACKING THE SOLANA NETWORK, SOLANA ELECTRONIC WALLET, PHANTOM ELECTRONIC WALLET, METAMASK ELECTRONIC WALLET, AND YOUR ENERGYBLOCKS ACCOUNT.
THE DIGITAL ASSETS KNOWN AS E-BLOCKS (EB) EXIST ONLY AS A RECORD OF OWNERSHIP WITHIN THE ENERGYBLOCKS APP. TRANSACTIONS USING SMART CONTRACTS OCCUR ON THE DECENTRALIZED LEDGER OF THE SOLANA NETWORK, AND ENERGYBLOCKS COMPANY HAS NO CONTROL OVER OR GUARANTEES ASSOCIATED WITH THESE CONTRACTS. THE COMPANY IS NOT LIABLE FOR ANY LOSSES RESULTING FROM THE SOLANA NETWORK, THE PHANTOM ELECTRONIC WALLET, OR THE SOLANA ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ISSUES WITH THE BLOCKCHAIN, FORKS, TECHNICAL NODE PROBLEMS, OR OTHER ISSUES THAT MAY RESULT IN A LOSS OF FUNDS. THIS INCLUDES A FAILURE TO REPORT, OR A LATE REPORT BY DEVELOPERS OR REPRESENTATIVES, OF ANY ISSUES RELATED TO THE SOLANA NETWORK.
YOU ACKNOWLEDGE AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE ACCOUNTABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY OCCUR, REGARDLESS OF THE CAUSE AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS (WHETHER DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree and recognize the following:
A. The values of blockchain assets exhibit high volatility. Significant fluctuations in the prices of other digital assets may adversely affect the value of your ENERGYBLOCKS NFTs, leading to considerable price instability. There is no guarantee that buyers of ENERGYBLOCKS NFTs will not experience losses.
B. It is your sole responsibility to assess the tax implications of any transactions conducted using the ENERGYBLOCKS app's native token or any other cryptocurrency. ENERGYBLOCKS does not assume the responsibility of determining the taxes applicable to your transactions made through the App, the Site, or the Smart Contracts.
C. There are inherent risks associated with using internet-based currency, including but not limited to hardware, software, and internet connection failures, the potential introduction of harmful software, and the risk of unauthorized access by third parties to information stored in your digital wallet.
You acknowledge and agree that ENERGYBLOCKS will not be held liable for any communication disruptions, errors, failures, delays, or distortions encountered while utilizing the Solana network, regardless of the underlying cause.
D. You acknowledge and accept full responsibility for the risks associated with utilizing the ENERGYBLOCKS application, whether through the use of the app's built-in EB token or the exchange for any other cryptocurrency. Certain legal jurisdictions may not permit the use of applications like ENERGYBLOCKS, and therefore, you bear sole accountability for any legal repercussions of using this app within your jurisdiction, as well as any tax-related matters related to the use of ENERGYBLOCKS's app.
E. You recognize that insufficient usage or low demand for the establishment and expansion of decentralized systems may have adverse effects on the development of the ENERGYBLOCKS ecosystem, potentially diminishing the utility or value of ENERGYBLOCKS NFTs.
F. You acknowledge and agree that the regulatory landscape concerning blockchain technology, digital currencies, and tokens is uncertain, and the enactment of new regulations or policies could significantly impact the development of the ENERGYBLOCKS ecosystem and consequently affect the potential utility or value of the app-native EB token and ENERGYBLOCKS NFTs.
As a user, you accept the responsibility to protect, reimburse, and exempt us, including our subsidiary companies and all of our respective leaders, agents, partners, and employees, from any loss, harm, responsibility, claim, or request for payment, including reasonable legal fees and expenses, made by a third party as a result of: (1) using the Site, (2) violating these Terms of Use, (3) failing to meet the warranties outlined in these Terms of Use, (4) infringing on the rights of a third party, including intellectual property rights, or (5) engaging in any harmful behavior towards other users of the Site, the App and the Smart Contracts. However, we reserve the right to assume exclusive control and defense of any matter for which you are obliged to provide indemnification, and you agree to assist, at your own cost, in our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding that falls under this indemnification once we are aware of it.
We will retain certain information that you submit through the Site, the App, and the Smart Contracts for the purpose of operating and managing the performance of the Site, the App, and the Smart Contracts, as well as information related to your use of the Site, the App, and the Smart Contracts. While routine backups of data are conducted, it is your sole responsibility to ensure that all data that you submit or make accessible in connection with any activity you undertake through the Site, the App, and the Smart Contracts is safeguarded. You acknowledge that we will not be liable for any loss or damage to such data, and you voluntarily give up any right to take legal action against us for any such loss or damage to the data.
These Terms of Use, along with any policies or operating rules published on the Site, the App, and the Smart Contracts, represent the complete agreement between you and us. Our failure to enforce a particular right or provision of these Terms of Use does not constitute a waiver of that right or provision. These Terms of Use are in full effect and comply with all applicable laws. We reserve the right to transfer any or all of our rights and obligations to others at any time. We are not responsible for any losses, damages, delays, or failures that are beyond our control. If any provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision will be deemed severable and will not affect the validity of the remaining provisions. There is no partnership, joint venture, employment, or agency relationship established between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be interpreted against us due to our role in drafting them. You hereby give up any defenses you may have based on the electronic format of these Terms of Use or the lack of signatures from both parties in executing these Terms of Use.
Users agree to adhere to the 'Grid Inactivity Policy' outlined as follows:
In order to maintain optimal gaming conditions within ENERGYBLOCKS games, players who consistently join Grids but then depart without participating in 5-10 rounds may face penalties, restricting their ability to engage in future games within that particular Grid's EB Charge Level for a specified duration.
This automatic penalty system operates based on the frequency of a player's exits from a Grid without active participation within that Grid's EB Charge Level over a 12-hour period:
1st Inactivity Exit: No Penalty
2nd Inactivity Exit: 5-Minute Block
3rd Inactivity Exit: 15-Minute Block
4th Inactivity Exit: 30-Minute Block
5th Inactivity Exit: 60-Minute Block
Should a player exit a Grid where they are either the sole participant or all other players are inactive, no inactivity penalty will be enforced.
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