Terms and Conditions
Last revised: 1st of February 2023
These Terms of Use create 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", "us", or "our"). This agreement covers your access and use of the www.energyblocks.io website and any other related media, such as media forms, channels, mobile websites, or applications (all referred to collectively as the "Site").
ENERGYBLOCKS is an app that operates on the Solana Blockchain (referred to as "the Blockchain"), utilizing custom-made smart contracts (known as "Smart Contracts") to give users the ability to buy and trade Non-Fungible Tokens (NFTs) for in-game ‘energy’, which can be used for playing. The NFTs can be seen on a user-interactive website (referred to as "the Site").
WE WILL ONLY PROVIDE YOU ACCESS TO THE SITE, SMART CONTRACTS, AND THE APP IF YOU AGREE TO ALL OF THE TERMS OF USE. BY USING THE APP, SMART CONTRACTS, SITE, OR ANY OTHER ENERGYBLOCKS PRODUCT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, COMPREHEND, AND AGREE TO ABIDE BY ALL THE TERMS OF USE. IF YOU DO NOT CONSENT TO OR ACCEPT ALL THE TERMS OF USE, YOU ARE STRICTLY PROHIBITED FROM USING THE SITE, APP, AND SMART CONTRACTS AND MUST STOP USING THEM IMMEDIATELY.
Any additional terms and conditions or documents that may be posted on the Site, App, and Smart Contracts from time to time are fully included in these Terms of Use by reference. We have the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time for any reason. We will inform you of any changes by updating the "Last Updated" date in these Terms of Use, and you forfeit the right to receive individual notice for each change.
It is your obligation to regularly check these Terms of Use for any updates. By continuing to use the Site, App, and Smart Contracts after the updated Terms of Use have been posted, you will be subject to and considered to have been informed of and agreed to the changes in the revised Terms of Use.
The information provided on the Site, App, and Smart Contracts is not intended to be distributed to individuals or entities in any jurisdiction or country where such distribution or use goes against the law or regulations, or would cause us to be subject to any registration requirement in that jurisdiction or country. Thus, any person who accesses the Site and/or App while breaking their local laws does so at their own risk and will be responsible for the consequences when applicable.
The Site is meant for users who are at least 18 years old. Individuals under the age of 18 are prohibited from using or registering for the Site, App, and Smart Contracts.
1. INTELLECTUAL PROPERTY RIGHTS
The Site, App, and Smart Contracts belong to us and the source code, database, functionality, software, website design, audio, video, text, photos, and graphics on the Site and App, referred to as "Content," as well as the trademarks, service marks, and logos (collectively referred to as "Marks") within it, are either owned or controlled by us or licensed to us. These assets are protected by copyright, trademark, intellectual property rights, and unfair competition laws in Guatemala, foreign jurisdictions, and international conventions. Unless specified in the Terms of Use, none of the Site, App, Smart Contracts, Content, or Marks can be used for commercial purposes, including copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or exploiting without our express written permission.
As long as you are qualified to utilize the Site, the App, and the Smart Contracts, you have been granted a limited license to access and use the Site or to download or print a portion of the Content that you have gained legitimate access to, solely for your personal, non-commercial purposes. All rights that are not explicitly granted to you regarding the Site, the App, the Content, and the Marks are reserved by us.
2. USER REPRESENTATIONS
By utilizing the Site, the App and the Smart Contracts, you confirm and assure the following: (1) all the information you provide during the registration process is accurate, up-to-date, and complete; (2) you will keep the information accurate and promptly update it as needed; (3) you have the legal ability to comply with these Terms of Use; (4) you are at least 18 years of age in the location where you reside; (5) you will not access the Site, the App and the Smart Contracts through automated means, including but not limited to, bots or scripts.
(6) You agree to refrain from using the Site, the App, and the Smart Contracts for any purposes that are illegal or unauthorized; (7) Your use of the Site, the App, and the Smart Contracts must comply with all applicable laws and regulations. If it is discovered that the information you have provided is false, outdated, or incomplete, we reserve the right to cancel your account and prohibit any current or future use of the Site, the App, and the Smart Contracts or any part thereof.
(8) As a human player, you must only use one account to play ENERGYBLOCKS within a 24-hour period. (10) You are not on any trade embargo or economic sanctions lists, including the United Nations security council sanctions list, the OFAC (Office of Foreign Assets Control) list of specially designated nationals, or the U.S. Department of Commerce's denied persons or entity list. (11) ENERGYBLOCKS or third-party providers we collaborate with may store your IP address used for accessing the site. (12) The use of multiple accounts for ENERGYBLOCKS is not allowed and is a violation of these Terms and Conditions. The Company has the right to shut down all of your accounts and ban you from playing if it discovers that you have created multiple accounts. If you mistakenly created more than one registered account, it is necessary to inform the company right away. Neglecting to do so could result in your account being closed and your exclusion from playing.
ENERGYBLOCKS has the right to decide in which markets and regions it wants to operate and may restrict or decline, at its sole discretion, to offer its services in specific countries or regions.
3. USER REGISTRATION
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.
4. PROHIBITED ACTIVITIES
The Site, App, and Smart Contracts are to be utilized only for their intended purpose as determined by ENERGYBLOCKS. Commercial use of these resources is prohibited unless approved through a legally binding agreement with ENERGYBLOCKS.
It is prohibited to systematically gather 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.
Do not use the Site, App, or Smart Contracts in any manner not explicitly authorized by ENERGYBLOCKS. This includes, but is not limited to:
Collecting user information such as usernames and email addresses for the purpose of sending unwanted emails, or creating fake user accounts using automated means or deceptive practices.
Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.
Use the website, app, and smart contracts to promote or provide services and products for sale.
Circumvent, deactivate, or otherwise interfere with security-related features of the Site, the App, and the Smart Contracts, including those that impose restrictions on the use of the Site, the App, and/or the Smart Contracts and/or the Content they contain or that prevent or restrict the use of any Content or its reproduction.
Engage in unauthorized framing of or linking to the Site, the App, and the Smart Contracts.
Attempt to deceive, defraud, or mislead us or other users, especially by trying to obtain sensitive account information such as passwords. Misuse our support services or submit false reports of abuse or misconduct.
Engaging in any automated actions on the system, such as sending comments or messages through scripts or using tools to gather and extract data, unless specifically mentioned in 2.5.
Interfere with, disrupt, or put undue strain on the website, app, smart contracts, or connected networks/services.
Impersonate another user or try to use someone else's username.
Sell or transfer your profile.
Use information obtained from the website, app, or smart contracts to harm others.
Compete with the website, app, or smart contracts or use them for commercial purposes.
Decode, analyze, dismantle, or reverse engineer any software that forms a part of the website, app, or smart contracts.
Attempting to bypass any 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, including excessive use of capital letters and spamming, that disrupts the uninterrupted use and enjoyment of the website, app, or smart contracts or interferes with its use, features, functions, operation, or maintenance.
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 (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Using, launching, developing, or distributing any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the website, app, or smart contracts, or launching any unauthorized script or software, except for standard search engines or Internet browser usage.
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 any applicable laws or regulations.
Engaging in any practice that aims to manipulate the outcome of ENERGYBLOCKS matches, such as match-fixing, win-trading, or colluding between competitors. All players should play to the best of their abilities.
5. FEE AND PAYMENT
All transactions made through the site or marketplace will be executed through blockchain smart contracts with a wallet such as Phantom Wallet or Solana Wallet. The financial transactions are solely conducted on the blockchain through a wallet and we have no involvement or control over them. We cannot reverse any transactions and are not responsible for any claims or damages that may occur as a result of transactions made on the site, app, or through the smart contracts using the Solana network.
In addition to any blockchain and network fees, every time you make a transaction through the app, such as converting the app's built-in EB token to another cryptocurrency, you give ENERGYBLOCKS permission to take a 2.5% commission of the transaction's total value. You understand and accept that the commission will be directly sent to ENERGYBLOCKS.
Anytime you play a ENERGYBLOCKS game that uses the app's built-in EB token, you also give ENERGYBLOCKS permission to collect a 5% commission of the total EB token played in that game or round. You acknowledge and agree that the commission will be directly transferred to ENERGYBLOCKS.
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or gain of any app innate EB token and/or other cryptocurrencies).
Except for income taxes levied on ENERGYBLOCKS, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
6. SUBMISSION
You agree that any questions, comments, suggestions, ideas, feedback or other information you provide about the Site, App, or Smart Contracts (referred to as "Submissions") will be considered non-confidential and our sole property. We will have the exclusive right to use and disseminate these Submissions for any purpose, commercial or otherwise, without compensation or acknowledgment to you. You waive any moral rights to these Submissions and warrant that they are original or that you have the right to submit them. You acknowledge that we will not be liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
7. PARTNERSHIPS & THIRD-PARTY WEBSITE AND CONTENT
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.
8. TERMINATION
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.
9. GOVERNING LAW
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.
10. DISPUTE RESOLUTION
10.1 Informal negotiations
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.
10.2 Binding Arbitration
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
10.3 Exceptions to the Informal Negotiations and Arbitration
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.
11. DISCLAIMERS
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.
12. LIMITATION OF LIABILITY
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.
CERTAIN JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR RESTRICTION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ADDITIONALLY, CERTAIN JURISDICTIONS MAY LIMIT THE EXCLUSION OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS. AS A RESULT, THE LIMITATIONS OUTLINED ABOVE MAY NOT APPLY TO CLAIMS ARISING FROM PERSONAL INJURY.
13. ASSUMPTION OF RISK
You accept and acknowledge each of the following:
A. The values of blockchain assets are highly volatile. Sharp changes in the prices of other digital assets can have a significant negative impact on the worth of your ENERGYBLOCKS NFTs, which may also experience considerable price instability. There is no assurance that buyers of ENERGYBLOCKS NFTs will not incur losses.
B. It is your sole responsibility to determine the tax implications of any transactions made using the ENERGYBLOCKS app innate token or any other cryptocurrency. ENERGYBLOCKS does not bear the responsibility for determining the taxes that may apply to your transactions made through the App, the Site, or the Smart Contracts.
C. There are risks associated with utilizing a currency based on the internet, including but not limited to, the possibility of hardware, software and internet connection failures, the threat of harmful software being introduced, and the chance that third parties may gain unauthorized access to information stored in your digital wallet.
You acknowledge and accept that ENERGYBLOCKS will not be liable for any communication disruptions, errors, failures, delays, or distortions that you may encounter while utilizing the Solana network, regardless of the cause.
D. You acknowledge and accept that you will bear sole responsibility for the risks you incur when utilizing the ENERGYBLOCKS application, whether it be through using the app's in-built EB token or exchanging for any other cryptocurrency. Some legal jurisdictions may not permit the usage of applications like ENERGYBLOCKS, and as such, you are solely accountable for any legal consequences of using this app within your jurisdiction, as well as any tax-related matters pertaining to the use of ENERGYBLOCKS's app.
E. You acknowledge that the insufficient use or low demand for the creation and growth of decentralized systems may negatively affect the advancement of the ENERGYBLOCKS ecosystem and, in turn, decrease the usefulness or worth of ENERGYBLOCKS NFTs.
F. You acknowledge and agree that the regulatory framework concerning blockchain technology, digital currencies, and tokens is not definite and that the implementation of new regulations or policies could have a significant negative impact on the development of the ENERGYBLOCKS ecosystem and therefore the potential usefulness or worth of the app-native EB token and ENERGYBLOCKS NFTs.
14. INDEMNIFICATION
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.
15. USER DATA
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.
16. MISCELLANEOUS
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.
17. HOUSE RULES
Users agree to the ‘Grid Inactivity Policy’ which involves the following:
To ensure the best gaming experience within ENERGYBLOCKS games, players who repeatedly join Grids to then leave without playing 5-10 rounds may be penalised from being able to play future games within that Grid EB Charge Level for a specified time.
This automatic penalty will be applied depending on the number of times during a 12-hour period, a player decides to leave a Grid without playing within that Grid EB Charge Level:
* 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
If a player leaves a Grid where they are the only player or all other players are inactive, there will be no inactivity penalty applied.
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