The Services include an online platform through which users can view, offer to purchase and purchase Digital Assets that can be used and deployed in one or more games made available through theServices. Users of the Services may be able to mint certain Digital Assets, including Tribesters, as non-fungible tokens (“NFTs”) on theBlockchains. In order to access certain Services, including to purchase any Digital Assets, a user must connect a compatible digital wallet to the Services. By minting a Virtual Item as an NFT, you agree to comply with any terms, including licenses or payment rights that are embedded within or otherwise included with any such Virtual Item. Tribes Studio does not guarantee that Digital Assets will be transferable to or have any utility in connection with any other platform.
a. Transacting in Digital Assets: All transactions regarding Digital Assets are managed and confirmed on the Blockchain.You understand that your Blockchain public address may be made publicly visible whenever you engage in a transaction. Tribes Studio is not and shall not be a party to any transaction or dispute between any initial minter of a Virtual item (other than any Virtual Item that we mint) and any subsequent owner of such Virtual Item (unless we are the owner of such Virtual Item), whether arising from any rights granted in that Virtual Item or otherwise, unless otherwise set forth in connection with such Virtual Item
b. ServicesRules: You may be able to use the Services to take certain actions in connection with one or more Digital Assets that results in a swap, trade, or other exchange of that Virtual Item for a modified, new, or otherwise differentVirtual Item (each, a “Play”). A Virtual Item that you receive in connection with or as a result of a Play may have different traits than the Virtual Item that you used in such Play, such as traits that represent different elements of rarity or “level” status. Tribes Studio does not represent that any VirtualItem that you receive from a Play will have similar or equivalent attributes or value to the Virtual Item that you originally used in such Play. Tribes Studio shall have no liability to you in connection with (i) any Virtual Item that you use in a Play, or (ii) any Virtual Item that you receive in connection with aPlay. In some instances, a Play may result in a Virtual Item being sent to a null address, erased, or otherwise rendered unusable (“Burned”), in each case in accordance with the then-current functionality of the Services and any in-game supplemental terms. Any action that results in such Virtual Item being irrevocably modified or Burned is permanent and irreversible. You acknowledge and agree that Tribes Studio shall not be liable to you in connection with any VirtualItem that is irrevocably modified and/or Burned as a result of or in connection with your use of the Services.
c. Marketplace and Selling on Marketplace: Certain VirtualAssets can be bought, sold, and traded with other users on the Tribes Studio marketplace (“Marketplace”). Pricing and payment terms on theMarketplace, including specific details relating to the offering of any VirtualAssets, will be set forth at the point of sale. Tribes Studio may, in its sole discretion, limit the use of the Marketplace to the listing and sale of certain Digital Assets or collections of Digital Assets. Digital Assets listed on the Marketplace are being offered by the individuals seeking to sell such Digital Assets (“Sellers”), and the actual contracts for sale are between the Sellers and the individuals seeking to buy such Digital Assets (“Buyers”). A user who has purchased a Virtual Item on the Marketplace, whether in its initial sale or via Secondary Sale, may be able to resell that Virtual Item on the Marketplace and/or on a third-party marketplace, subject to these Terms of Use and any supplemental terms and conditions. Except where explicitly set forth at point of sale, Tribes Studio is not the Seller of any Virtual Item listed on theMarketplace and will not provide or deliver any Digital Assets. While we may, in our discretion, help facilitate resolution of Disputes through various programs, we have no control over the ability of Sellers to sell or receive compensation for Digital Assets, the ability of Buyers to purchase or pay for Digital Assets, or that a Buyer and Seller will actually complete a transaction on the Marketplace. While Tribes Studio may provide pricing and guidance for Digital Assets sold by Sellers on our Marketplace, such information is solely informational. We do not have control over the quality, safety, timing, legality, failure to provide, or any aspect whatsoever of any Digital Assets advertised or sold by Sellers, or of the integrity, responsibility, or any actions of any users. Tribes Studio makes no representations about any transactions or interactions, whether public, private, online or offline, including with regard to the suitability, reliability, timeliness or accuracy there of. To help prevent the funding of terrorism and money laundering activities, Tribes Studio may ask you to provide additional information or copies of identifying documents that will allow us and/or our dApp Providers (defined below) to identify you. We reserve the right to require you to provide such additional information and documents. Failure to provide such information upon request, as well as any other violation of these Terms of Use, may result in your removal from the Services and/or a termination of your ability to sell, purchase or use Digital Assets via the Marketplace. By using the Marketplace to offer for sale or sell a Virtual Item, you hereby appoint Tribes Studio as your limited agent for the sole purpose of receiving, holding and settling payments due and owed to you arising out of the sale of Digital Assets through the Services. Subject to these Terms of Use, Tribes Studio will process such payments and settle payments that are actually received by Tribes Studio, less any amounts owed to Tribes Studio, including taxes, fees and other obligations as applicable. You agree that a payment received by Tribes Studio on your behalf satisfies the payor’s obligation to make payment to you, regardless of whether Tribes Studio actually settles such payment to you. If Tribes Studio does not settle any such payments to you as described in these Terms of Use, you will have recourse only against Tribes Studio and not the payor, as payment is deemed made by the payor to you upon constructive or actual receipt by Tribes Studio.
d. DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF TRIBES STUDIO ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.
e. Updates: You understand that the Services are evolving. As a result, we may require you to accept updates to continue to use any portion of the Services. You acknowledge and agree that we may update theServices with or without notifying you. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to these Terms ofUse. Tribes Studio, its suppliers and service providers reserve all rights not granted in theseTerms of Use. Any unauthorized use of any Services terminates the licenses granted by us pursuant to these Terms of Use.