Terms of Use

1. Introduction to Terms of Use:
Welcome to Tribes Studio Gaming Limited's ("Tribes Studio") ‘Tribesters®’ ("Tribesters").These Terms of Use, together with any supplemental terms and policies incorporated herein (Privacy Policy and Cookies Notice; collectively, the “Terms” or “Terms of Use”), constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Tribes Studio (“we”, “us”, or “our”) concerning your access to and use of the www.tribesters.xyz website (the “Website”) and the subdomains of each of the foregoing (or such other URL as theWebsite may subsequently be hosted at), or one or moreTribes Studio applications (the “App”), the software, documentation and any associated materials comprising or made available to you in relation to Tribesters (the"Materials"), as well as any Website APIs (as defined in clause 19) or any other media form, media channel, mobile website or mobile application made available by or on behalf of Tribes Studio and related, linked, or otherwise connected thereto (collectively, with the Site and the App and anySmart Contracts or other software or services enabled thereby, the “Services”). The Services include any distributed application running on one or more block chain networks, which may include the Ronin Network (the “Blockchains”), using smart contracts (each, a “Smart Contract”) that interact with or enable the use of a user’s digital creatures (“Tribesters”). TheServices also enable users to use or interact with Smart Contracts involving other Digital assets, such as game names, characters, locations, worlds, tokens and resources (collectively with the Tribesters, “Digital Assets”). These Digital assets can be visualized via the Services and other third-party services. If you do not agree to these Terms, you are not authorised to access and use the Website, Materials and Services, and you must immediately stop doing so.

The Services are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement or other regulation within such jurisdiction or country. Accordingly, you are solely responsible for compliance with all applicable laws when you access and/or use the Services.

The Services include a market place which allows users to offer to sell and sell Digital Assets to, and offer to buy and buy Digital Assets from, other users. All Digital Assets available through the marketplace are furnished by or on behalf of sellers in connection with such sales. You agree that, except where Tribes Studio is the seller in such sale, we shall not be a party to or have any responsibility or liability for, arising out of, relating to, associated with or resulting from any disputes between you and any buyer or seller of Digital Assets in respect of the use, misuse, provision or failure to provide any Digital Assets. You bear full responsibility for verifying the identity, legitimacy, and authenticity of Digital Assets, including without limitation any Tribesters, that you purchase.We are not a broker, financial institution, or creditor.

Please refer to our
Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through theServices, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.
2. Amendmends:
We reserve the right to amend or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will provide notice of such changes, for example by sending an email notification (if we have a valid email for you), providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms of Use. By continuing to access or use any Website, Materials or Services at any point after such update, you confirm your acceptance of the revisedTerms of Use and all of the terms incorporated therein by reference. We encourage you to review these Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use theServices. If you do not agree to the revised Terms of Use, you may not accessor use the Services.
3. Age restriction:
The Services are intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Services.
4. Services:
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.






5. Intellectual Property Rights:
a. Ownership: Unless otherwise indicated in writing by us, Tribes Studio or our affiliates, licensors or users, as applicable is the owner or licensee of all rights including all copyright, trade marks and other intellectual property rights relating to or included within the Website, Materials and Services ("Rights"). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement there of (collectively, the “Content”) and all other elements included in and deriving from the gameplay and virtual world featured in Tribesters, including without limitation to in-game names, characters, locations and any Digital Assets, and their associated  benefits or properties acquired or provided for use within Tribesters. The Tribesters logo and any Tribesters product, service name, logo, slogan, trademark and service mark contained   therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Tribes Studio or Tribesters.
6. Amendments to Tribesters:
Tribes Studio at all times retains the right to deal with the Rights as Tribes Studio at its sole discretion deems appropriate, including without limitation the right without notice to alter, modify, redesign, suspend or discontinue any aspect or feature of the Website, Materials (including without limitation the Digital Assets) and Services.
7. License:
Tribes Studio grants you a limited licence ("Licence") for the purpose of accessing, as applicable downloading, and making use of the Website, Materials and Services (or any parts of such as Tribes Studio may make available to you from time to time) and the related Rights for your own personal and non-commercial use in accordance with these Terms of Use. For the further avoidance of doubt, pursuant to clause 5, any rights you may have in respect of any elements or aspects of Tribesters (including without limitation in respect of the in-game characters and Digital Assets) are strictly limited to a personal 'licence to use' such as part of the Licence and at no time do you acquire any ownership rights in respect of such. Any contravention by you of these Terms of Use or any other terms or conditions notified to you by Tribes Studio or any behaviour which Tribes Studio deems inits sole discretion is not in keeping with the intended spirit of participation in Tribesters, immediately terminates the Licence, or such aspect of the Licence as Tribes Studio may otherwise provide you notice of. Termination of the Licence, or any aspect of the Licence, by Tribes Studio may without limitation also result in the taking of any of the further actions described in clause 17.
8. Restrictions:
Under no circumstances, without the prior written approval of Tribes Studio, may you:

a. Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.  
b. Modify or adapt (including through third parties and third-party tools) the game client or its data, other than in the normal course of Tribesters gameplay as permitted in accordance with the Licence.
c. Access or use the Website, Materials or Services through automated or other non-human means, whether a bot, script or otherwise;    
d. Knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the "Servers") to become overloaded or crash.  
e. Connect to the Servers through any software other than the authorised game client software;  
f. Use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website;   
g. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
h. Use any meta tags or other hidden text which incorporate Tribes Studio’s or Tribesters’ names or any of its intellectual property including trade marks;  
i. Perform in-game services during your use of the Website, Materials or Services for any form of compensation outside of Tribesters;
j. Remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
k. Modify, translate, adapt, merge, reverse engineer, de-compile or disassemble the Website, Materials or Services or seek to establish the technical processes, operations and communication protocols of the Website, Materials or Services through any means, including without limitation by reference to the input or output of the Website, Materials or Services or the internal structure and workings of the Website, Materials or Services.
l. Make improper use of our support services or submit false reports of abuse or misconduct;
m. Sell or otherwise transfer or attempt to transfer your Account;
n.
Use the Blockchains to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberating engaging in activities designed to adversely affect the performance of the Blockchains or the Services;
o.
Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading practices;

The rights granted to you in these Terms of Use are subject to your compliance with the restrictions set forth in this Section. Any future release, update or other addition to the Services shall be subject to the Terms of Use.
9. User registration:
a. Creating an Account: In order to access certain features of the Services, you may be required to create an account on the Services (“Account”). In creating an Account, you agree to (i)provide true, accurate, current, and complete information about yourself as prompted by the registration form, including contact information such as your email (the “Registration Data”); (ii) maintain and promptly update theRegistration Data to keep it true, accurate, current, and complete; (iii)consent to us using your Registration Data in any manner permitted under applicable law, including sharing it with third parties; and (iv) consent to receive electronic communications from us (e.g., via email or other means)regarding notices about your account and other promotional and marketing communications from us or third parties with whom we have shared your contact information. You represent that you are (A) at least eighteen (18) years old; and (B) not a person barred from using the Services under the laws of your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You are responsible for any use of any payment instrument (e.g., your digital wallet) initiated or enabled by or through your Account. You may not share your Account or password with anyone, and you agree to notify Tribes Studio immediately of any unauthorized use of your password or any other breach of security. If you provide any information (including without limitation Registration Data) that is untrue, inaccurate, not current, or incomplete, or Tribes Studio has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Tribes Studio has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion there of). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself, except to the extent expressly permitted by us in writing. Tribes Studio reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Tribes Studio.

b. User Representations and Warranties: When you use the Services, you hereby represent and warrant, to and for the benefit of Tribes Studio, its affiliates, and their respective representatives, as  follows:

·   Authority. You have all requisite capacity, power and authority to enter into, and perform your obligations under these Terms.
·   Accuracy of Information. All information provided by you to Tribes Studio and/or its third-party designees, including Registration Data, is accurate and complete.
·   Independent Investigation and Non-Reliance. You are sophisticated, experienced and knowledgeable regarding blockchain technologies and Digital Assets. Additionally, you have conducted an independent investigation of the Services and the matters contemplated by theseTerms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Services, you have relied solely on the results of such investigation and such independent judgement. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and Digital Assets generally, including the Digital Assets, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any Digital Assets or cryptographic tokens (including the Digital Assets) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, Tribes Studio, in determining to enter into these Terms of Use or use the Services.
·   Litigation. There is no legal proceeding pending that relates to your activities relating to the Services or other token- or Virtual Item-trading or blockchain technology-related activities.
·   Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice.

You must provide all equipment and software necessary to connect to theServices, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
10. Fees and payments:
a. All pricing and payment terms for Digital Assets are as indicated at point of sale or otherwise on the Services, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase. Whether a particular cryptocurrency is accepted as a payment method by Tribes Studio is subject to change at any time in Tribes Studio’s sole discretion.

b. When you purchase a Virtual Item, you agree that you have read, understand, and agree to be bound by any Virtual Item Terms applicable to the sale of that Virtual Item, including any Secondary Sale Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the platform, blockchain or marketplace that facilitates a Secondary Sale). You further agree that you will bind any subsequent purchaser of the Virtual Item to such Virtual Item Terms.

c. Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services will be performed by Tribes Studio’s third-party providers, such as Ronin wallet. (each, a “dApp Provider”). Your use of the Services and the payment processing and related services provided by a dApp Provider is subject to your agreement(s) with such dApp Provider for such Services and payment processing and related services, as may be modified by the dApp Provider from time to time (collectively, “dApp Provider Agreement”). As a condition of using the dApp Provider’s payment processing and related services, you must provide accurate and complete information, and you authorize us to share this information with the dApp Provider and to charge your payment method for all amounts that may become due under this Agreement. Your use of the dApp Provider’s payment processing and related services is conditioned upon your compliance with the dApp Provider Agreement, and if the dApp Provider Agreement is terminated by the dApp Provider, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. We will have no control over the dApp Provider’s payment processing and related services and cannot reverse or refund any transactions.

d. Each Blockchain may require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on such Blockchain, such Gas Fee to be based on the structure and composition of such Blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable Blockchain, and Tribes Studio shall have no liability to you in connection with the same.

e. In addition to the Gas Fee, each time you use a Smart Contract to conduct a transaction with another user via the Marketplace or other parts of the Services, you authorize us to collect a commission based on the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Blockchain as a part of the applicable transaction.

f. If Tribes Studio determines it has a legal obligation to collect any Sales Tax (including, without limitation, any taxes that may become payable as the result of your purchase or sale of any of your Digital Assets) from you in connection with these Terms, Tribes Studio shall collect such Sales Tax. If any services or products, or payments for any services or products, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Tribes Studio, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Tribes Studio for any liability or expense Tribes Studio may incur in connection with such Sales Taxes. Upon Tribes Studio’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section,“Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
11. Indemnity:
You agree to fully indemnify Tribes Studio for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or good will, whether direct or consequential as a result of your breach of the Licence and your use or any third-party use of any Gameplay Content created by you including, in respect of any third-party claims against Tribes Studio, its related parties, employees, contractors or agents.
12. Interactions and Posting Policy:
The following provisions (“Posting Policy”) apply to any interactions with other users and any other parties with whom you interact, comments you post or any statements you make in any manner on the Website (which includes for the avoidance of doubt any associated forums) or any messages you send to other users of the Materials and Services (including as part of the Tribesters gameplay) by any manner whether facilitated or otherwise allowable by the Materials and Services (“Posts”):

a. You are solely responsible for all your Posts which that must represent your genuine opinion of  the matter in question;  
b. Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Tribes Studio in its sole discretion, or Posts otherwise in contravention of any law or court order, are not permitted;
c. Posts advertising or promoting any person or entity or their goods or services without the prior written approval of Tribes Studio are not permitted;
d. You grant Tribes Studio a perpetual, non-revocable royalty-free licence to:    
i. make use of any Posts as Tribes Studio deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and  
ii. sub-licence third parties, on such terms as Tribes Studio deems appropriate, to make use of any Posts as Tribes Studio deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;    
e. Tribes Studio reserves the right, without notice, explanation or liability, but have not obligation  to:    
i. Intercede in any disputes between users;  
ii. restrict or remove your ability to make Posts;  
iii. disallow the posting of any specific Posts;  
iv. edit any specific Posts and; completely remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the Tribesters gameplay) where they appear or are stored;    
f. We are not responsible for and do not control user content and Posts. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to, user content or Posts, including without limitation any Posts embodied by or otherwise made available through the Services. You use all Posts and interact with other users at your own risk. You agree that Tribes Studio will not be responsible for any liability incurred as the result of your interactions with other users. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don’t know. You agree to indemnify Tribes Studio on demand for any loss or costs of whatever nature suffered by Tribes Studio whether direct or consequential as a result of any breach by you of clauses 10(a)-(c).
g. You agree to indemnify Tribes Studio on demand for any loss or costs of whatever nature suffered by Tribes Studio whether direct or consequential as a result of any      breach by you of clauses 10(a)-(c).
13. Image Policy:
The following provisions (“Image Policy”) apply to any images you make available in any manner in relation to any of the Website, Materials and Services (including as part of the Tribesters gameplay) (“Images”):

a. All rights of whatever nature (including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights) in any Images must belong to you or you must have the right to make the images available in relation to the Website, Materials and Services in accordance with this Image Policy;
b. Pornographic, obscene, harassing, threatening, hateful, discriminatory or defamatory Images, as may be determined by Tribes Studio in its sole discretion, or Images otherwise in contravention of any law or court order, are not permitted;
c. You grant Tribes Studio a perpetual, non-revocable royalty free licence to:
    i. make use of any Images as Tribes Studio deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and
    ii. sub-licence third parties, on such terms as Tribes Studio deems appropriate, to make use of any Images as Tribes Studio deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;
d. Tribes Studio reserves the right without notice, explanation or liability to:
    i. restrict or remove your ability to make Images available;
    ii. disallow the use of any specific Images;
    iii. edit any specific Images; and
    iv. completely remove any Images from the Website or anywhere else related to the Materials and Services where they appear or are stored;
e. We are not responsible for and do not control user content and Images.We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to, user content or Images, including without limitation any Images embodied by or otherwise made available through the Services. You use all Posts and interact with other users at your own risk.You agree that Tribes Studio will not be responsible for any liability incurred as the result of your interactions with other users. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don’t know.
f. You agree to indemnify Tribes Studio on demand for any loss or costs of whatever nature suffered by Tribes Studio whether direct or consequential as a result of any breach by you of the present terms and conditions.

WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (EACH, A “TRIBES STUDIO PARTY” AND COLLECTIVELY “TRIBE STUDIO PARTIES”) ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OFANY USER OF THE SERVICE. NO TRIBES STUDIO PARTY WILL BE LIABLE FOR ANY CLAIM,INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR YOUR USE OF OR YOUR USE OF OR INABILITY TO USE ANY VIRTUAL ASSET PURCHASED FROM A SELLER
14. Content:
While Tribes Studio has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate or that any Posts or Images are in contravention of the Posting Policy and Image Policy, Tribes Studio does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free or that any Posts or Images are not in contravention of the Posting Policy and Image Policy. Tribes Studio does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law TribesStudio does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of Tribes Studio.
15. Analytics and data:
We use Google Analytics and other third-party providers to analyze data gathered through the use of our Websites and Services (please check our Privacy Policy).
16. Linked Websites:
The Website, Materials or Services may contain links to other websites not controlled by Tribes Studio ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. Tribes Studio is not responsible for the content or privacy practices associated with Linked Websites. Tribes Studio' links with Linked Websites should not be regarded as approval or as an endorsement, of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use. Tribes Studio recommends that you read Linked Websites' privacy policies before you provide personal information on any Linked Website.
17. Confidentiality of Passwords:
You must keep all password and login information associated with your MemberAccount confidential and not disclose such information to any third-party or allow a third-party access to your Member Account without first obtaining Tribes Studio' written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Tribes Studio immediately if you know or suspect that your Member Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.
18. Cancellation of Membership:
Tribes Studio reserves the right, acting at its sole discretion, to refuse to accept your registration request for a Member Account. To the greatest extent permitted by law, Tribes Studio also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your Member Account or to restrict, limit or otherwise change your existing rights of access to your Member Account, or any specific feature or benefit afforded to you in relation to your Member Account, including without limitation in respect of any Digital Assets, if it believes you have breached these Terms of Use or any other agreements you may have with Tribes Studio, if you have engaged in behaviour which Tribes Studio deems in its sole discretion is not in keeping with the intended spirit of participation in Tribesters or for any other reason whatsoever. In such event you agree that Tribes Studio will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Member Account in any case, you agree you will remain fully liable for any outstanding liability owed to Tribes Studio. Tribes Studio may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Use.
19. Website APIs:
Tribes Studio may, from time to time, make available application programming interfaces to enable third-party sites and services to access certain in-game data via the internet ("Website APIs"). Tribes Studio may modify, add, remove, replace or upgrade any or all of its Website APIs (including the data fields of those Website APIs) at any time at its discretion. You must comply with Tribes Studio' technical documentation and policies (as published and as updated on the Website from time to time or as otherwise notified to you by Tribes Studio) regarding use of the Website APIs ("API Policies"). Without limiting the foregoing, you must comply with the Website API call limits set out in the API Policies or as otherwise notified to you by TribesStudio, and not attempt to circumvent those limits.
20. Links:
If you provide a link to the Website you agree that you will not use any Tribes Studio logo, trade mark or other proprietary graphic as part of such link without the express prior approval of Tribes Studio.
21. Lost data:
In the event that any information or data (including without limitation in respect of in-game characters, achievements, or general Tribesters gameplay) relating to you or your use of any of the Website, Materials and Services held by TribesStudio or any third-party on behalf of Tribes Studio is lost, corrupted or otherwise no longer reasonably available or accessible as judged by TribesStudio in its sole discretion, you agree that to the greatest extent permissible at law Tribes Studio will have no liability to you of any nature relating to any such information or data.
22. Accessing:
You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained there in. To the greatest extent permitted by law Tribes Studio does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Website, Materials and Services.
23. Support:
Tribes Studio reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as Tribes Studio at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as Tribes Studio at its sole discretion deems appropriate.
24. Disclaimers:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AREAT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRIBES STUDIO PARTIES MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRIBES STUDIO PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT:
(I)YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE,
(IIV) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE

AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV)THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES 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.YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OFYOUR USE OF THE NETWORK, THE RONIN ELECTRONIC WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, INCLUDING BUT NOT LIMITED TO ANY LOSSES,DAMAGES OR CLAIMS ARISING FROM:

(A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED 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 FORCING OR OTHER MEANS OF ATTACK. THE DIGITAL ASSETS, INCLUDING THE TRIBESTERS, ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE NETWORK. ALL DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE RECORD THEREOF ON THE DECENTRALIZED LEDGER WITHIN THE NETWORK. TRIBES STUDIO HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY DIGITAL ASSETS. TRIBES STUDIO IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL)OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK ORINCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF FUNDS.
YOU ACKNOWLEDGE AND AGREE THAT THE TRIBES STUDIO PARTIES ARENOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY TRIBES STUDIO PARTY LIABLE,FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT TRIBES STUDIO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. TRIBES STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT TRIBES STUDIO DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER. TRIBES STUDIO MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR HARMS SUSTAINED BY YOU DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., SMART CONTRACT),BLOCKCHAINS, OR ANY OTHER FEATURES OF OR INHERENT TO THE DIGITAL ASSETS.
WE ARENOT RESPONSIBLE FOR CASUALTIES DUE TO DEVELOPERS’ OR REPRESENTATIVES’ DELAY OR FAILURE TO REPORT ANY ISSUES WITH ANY BLOCKCHAIN SUPPORTING DIGITAL ASSETS,INCLUDING WITHOUT LIMITATION FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES THAT RESULT IN LOSSES OF ANY SORT. WE DO NOT TRANSFER LEGAL OWNERSHIP OF DIGITAL ASSETS FROM THE SELLER TO THE BUYER. FURTHER, WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY.
25. Exclusion of Warranty:
To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.
26. Exclusion of Liability:
You understand and agree that, to the greatest extent permitted by law, under no circumstances will Tribes Studio, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third-party, whether direct, indirect, incidental or consequential (including, without limitation, any economic loss or other loss of turnover, profits, data, intangible, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of any of the Website, Materials and Services, including without limitation in relation to any Posts or Images or any breach by you of the Posting Policy or ImagePolicy, or in respect of any failure or omission on the part of Tribes Studio to comply with its obligations as set out in these Terms of Use.
27. Limitation of Liability:
You understand and agree that, to the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Tribes Studio becomes liable for any loss or damage that would otherwise have been excluded, Tribes Studio' maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Website, Materials and Services is to be limited per case based on comparable events in the industry.
28. Jurisdiction:
The provision and use of the Website, Materials and Services is governed by and is to be interpreted in accordance with the laws of the Republic of Ireland and subject to clause 32, in all matters relating to or arising from your access and use of any of the Website, Materials and Services, you agree to submit to the exclusive jurisdiction of the Courts of the Republic of Ireland. If you are accessing or making use of any of the Website, Materials and Services from outside of the Republic of Ireland then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.
29. Disputes:
In the event that you have a dispute in respect of, relating to or arising from any of theWebsite, Materials and Services you must immediately notify Tribes Studio in writing giving details of the dispute. If Tribes Studio and yourself cannot resolve the dispute within fourteen (14) days of receipt by Tribes Studio of such notice then to the greatest extent permitted by law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Tribes Studio. Unless agreed otherwise by Tribes Studio, all such mediation and arbitration proceedings shall take place at a venue in the Republic ofIreland to be chosen by Tribes Studio acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator as applicable or agreed otherwise by the parties.
30. Failure to Comply:
Tribes Studio accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.
31. Waiver:
If Tribes Studio waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
32. Severability:
If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.
33. Entire Agreement:
These Terms of Use constitute the entire agreement between you and Tribes Studio in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.
34. Queries:
If you have any queries in regard to these Terms of Use please don't hesitate to contact us via email hello@tribes.studio.com.
By clicking “Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information.