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Terms of use

welcome to Blockbook

Before you decide to be part of our creative community, share your inspirations with other members through our website https://www.blockbook.app ("Website") and benefit from the services provided by us (“Services”), please read these Terms of Use which establish the rules governing all collaborative works generated within our community (“Terms of Use”). These Terms of Use constitute a legally binding agreement (the “Agreement”) between you (also referred to herein as "you", "your", “User” or “Contributor”) and BlockBook "we", "us", "our", “TQOE” or “Blockbook”) and govern the rules regarding all generated content through our Website and Services and any content you decide to contribute to ongoing projects, unless we have executed a separate written agreement or provided specific terms with you for that purpose. Remember that your rights and obligations may differ, depending on your relationship with us and with our creative community. For more detailed information on what your rights and obligations are, depending on whether you are a User, Architect or Contributor of content, please consult the adequate section below and if you have any queries contact us at: support@blockbook.app

Acceptance of these Terms of Use

You acknowledge that by contributing to projects, browsing, or otherwise using our Website or Services or any part of it, you are at least 16 years old and have read, understood, and accept these Terms of Use and agree to be bound by them. If you do not agree with any of the rules set forth or if you are under 16 years of age, you are prohibited to use our Services.

Our creative community and the Services we provide

We seek to develop a creative environment that launches multimedia collaborative projects and solidifie content additions on a blockchain in order to create a digital record and provenance for creativity. Projects are initiated and started by influential content creators known as “Architects” and enable people to add their inspirations as Blocks, to those creations which are referred to as BlockBooks, becoming “Contributors” to that BlockBook ecosystem and joining its community, ultimately contributing for future Intellectual Property exploitation. 

Architects
Architects will provide the foundations and the initial landscape for BlockBooks. They will determine how the projects begins, but not how the projects ends or what happens in between. They plant fundamental cues that inspire and frame collaborative input. We work with a combination of inventive creators to guarantee that our BlockBooks start in the best possible way, but our success will depend on the imagination of each harnessed community and the creativity of each of their Contributors.

Contributors
Contributors will be able to participate on an existing work by adding content to the BlockBook and paying a certain amount to mint it as a ERC-721 NFT, stored on unique wallets that are created when registering on the platform. By minting their content of that particular BlockBook, they will become part of its community, being rewarded as explained hereinbelow. However, remember that if you want to become a Contributor you will have to share your content with the BlockBook community and participate in the development of each Project.

Users
Not everyone is an artist, but anyone can be part of our community. If you like the works being developed within the Blockbook you will be able to comment, like and follow the ongoing works at any given moment as long as you have an account with us. BlockBooks are public and so are visible by everyone.

Our Community’s NFT’s and associated rights and obligations

When you buy and mint one of the Blocks as NFTs you will own the underlying asset and the Intellectual Property Rights (IPRs), however assign them to BlockBook (TQOE Lda.) to manage and store them in order to aid Contributors and Architects in the licensing process in the scenario further exploitation. You are responsible for any loss or damage to, or loss of access to, the NFT and neither The Blockbook nor any other Community member shall have any liability in such circumstances, regardless of cause. Subject to your continued compliance with these Terms of Use, when you contribute your content by minting an NFT, BlockBook  grants you:

i) a limited, worldwide license to use, display, the Community’s NFT for the purpose of creating derivative works (based upon the purchased NFT) by including your creativity to the existing storyline.

When contributing to a BlockBook,

(i) Access to private chat with architects and past contributors

(ii) 200 IP credits that will be used as a proportion to reward you in the future as well as, in some cases, a voting weight.

Ownership of creations you decide to share with our community

You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights regarding content to you. When you mint your content as an NFT you will be able to actively participate in the creation of each BlockBook collectively with other contributors. Any content and contribution you decide to include to the ongoing projects, known as BlockBooks, will grant exclusive assignment of these rights, immediately upon posting your contribution, to BlockBook (TQOE Lda., a company incorporated in and existing under the laws of Portugal), and you agree to waive and irrevocably and exclusively assign to TQOE Lda., all right, title and interest you may have and, to the extent that such rights may not be waived or furthur assigned, you agree not to assert such rights against TQOE Lda. or its licensees (and sublicensees), successors or assigns and grant a worldwide, exclusive, perpetual, royalty-free, transferable, sub-licensable license to use that content.

No subordinate employment relationship can emerge from this Agreement. The Provider shall not be considered, for any purposes, as a legal representative of Blockbook, not having been assigned any powers to bind Blockbook to any legal obligations.

YOUR RESPONSIBILITY FOR CONTENT ADDED TO OUR BLOCKBOOKS

When you mint your content as NFTs you will be able to participate in projects. Our community welcomes your ideas and believes that your contribution to collective narratives and knowledge should have no limits. However, please remember that you will be legally responsible for all content you decide to add. By contributing with your content to the ongoing projects, you hereby represent and warrant that, the content you are adding (“Added Content”):

i) is an original work and that you solely own that content or have the right to share it and legally transfer and assign those rights, as provided under these Terms of Use;

ii) has not been subject to any license or other contract granting rights therein to any other party;

iii) is not subject to any proceeding or outstanding order or settlement agreement or stipulation that may affect the validity, use or enforceability of the Added Content;

iv) is legal

Use of our Services and Website and our rules regarding your interaction with our Community

You must use our Services and access our Website/platform in a responsible, cautious and careful manner, and must not use the Website/platform in any way that causes, or may cause, damage or impairment of the availability or compromise the accessibility to our Services or Website. You must not use our Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or which imply a (i) violation of third party rights, (ii) offensive acts towards public order, including threatening, malicious, abusive, offensive, defamatory, harassing, obscene or indecent acts, or (iii) the promotion of hatred, violence or racial, political or religious intolerance.

You are expressly forbidden from using the Website to disseminate any material that contains virus, worms, defects, trojan horses or other item or computer codes, files or programs that may interrupt, destroy, or limit the functionality of any computer system, shared and Added Contents or communications equipment or which may adversely affect the Blockbook’s image or the image and good name of any member of our community.

You agree not to (or attempt to) use or launch any automated system (including, without limitation, any non-authorised bots, robots, spider or any automated process) that may cause any limitations to the Service or with the intent of manipulating or taking over the Service or harm our creative community or Website;

You must not (or attempt to) interfere with our Service, circumvent, disable or otherwise restrict any of our security related features, or through usage of reverse-engineering, decompiling, disassembling or modifying our Website. You are expressly forbidden to conduct any automated or systematic data collection activities (including without limitation, data mining, scraping, data extraction or data harvesting) on or in relation to our Services or Website without the Blockbook’s express written consent. For any issues regarding how we process your personal information, please visit our Privacy Policy.

Our commitment regarding the operability of our Services and Website

We may suspend, block, stop or cease access to our Website, for all or only one or more Contributors or Users, in the following cases:

● When necessary to ensure the security of, namely, communication channels, equipment or information;

● When necessary due to technical, strategic, legal or business constraints;

● When it has strong suspicions of abusive or fraudulent use by you or a third party including the use of robot, spider, crawler, scraper, farming or any automated means or interface to access the Website, contribute to the storyline or extract other users’ information or our Intellectual Property;

● When required by its management, maintenance, repair, modification or update operations of the equipment, systems or any of the Website’s functionalities;

● In other circumstances duly justified, including, in particular, in the event of non-compliance by you of your obligations under these Terms of Use.

Remember that BlockBook may, at any time, permanently or temporarily, in whole or in part, and at its discretion, shut down the Website or stop providing the Services or any of its functionalities without prior notice.

BlockBook reserves the right to ban access or refuse contributions when the behavior of any individual User or Contributor, is likely to harm the community, the Blockbook ecosystem or its creative process and when the reiterated behavior of any participant may affect the principles on which our community is founded.

Termination

We may, in our sole discretion at any time, for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of our Website or Services and any of the NFTs.

Your acknowledgment of existing risks

You acknowledge by using our Website and Services that the purchase and use of Internet-based digital assets such as NFTs and cryptocurrency, carry associated risks, including, but not limited to, malicious software introduction or the risk that third parties may obtain unauthorised access to information stored within your electronic wallet. You accept and acknowledge that TQOE, Lta. or the Blockbook community will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.

You also acknowledge, by using our Website and Services that you are aware that the prices of digital assets such as NFTs can be extremely volatile and subjective, and that these assets have no inherent, basic, or intrinsic value. Please remember that, the digital assets associated to our community intend to stimulate creativity and produce a collective work, and should not be considered as a security or financial instrument or used for investment purposes.

Indemnity

To the extent permitted by law, you agree to indemnify, defend and hold harmless the Blockbook community, TQOE, Lda. and it’s affiliates, directors, officers, licensors, employees, stockholders, agents, partners, suppliers or content providers, from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) arising out of (i) your access to or use of our Website and the Services; (ii) your content; and (iii) your breach of these Terms of Use.

Blockbook and/or TQOE, Lda. take no responsibility and assume no liability for:

● any indirect or consequential losses which may be incurred in relation to the Service we provide or that may result from any content posted or shared by you or any other User;

● your failure to keep your account details, password or any other User information secure and confidential;

● any loss or unavailability, damage, corruption of content stored, communicated or transmitted by or through your use of the Service, including loss or damage of the NFTs;

● any loss of profit, opportunity, goodwill or business reputation suffered by you, in relation to the Service provided or resulted from any content posted or shared by you or any other User;

● any permanent or temporary unavailability of the Service or Website;

Disclaimer of warranties

AN NFT THAT YOU OWN WILL BE TRANSFERABLE, BUT ANY TRANSFEREE WILL BE SUBJECT TO THESE TERMS OF USE. NFTS THAT WE PROVIDE ARE UTILITY TOKENS TIED TO THE UNIQUE EXPERIENCES OF ALLOWING YOU TO PARTICIPATE IN THE CREATION OF A COLLECTIVE WORK WITHIN THE BLOCKBOOK ECOSYSTEM. YOU SHOULD NOT PURCHASE AND MINT OUR NFTs WITH A VIEW TO RESALE, OR FOR INVESTMENT OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.

USE OF THE WEBSITE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, EXCLUSIVE OF ANY WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTY OF UNINTERRUPTED SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.

BLOCKBOOK MAKES NO WARRANTY THAT (I) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE NOVEL WILL BE COMPLETED OR SOLD; (III) THE QUALITY OF THE WEBSITE, SERVICES, FUNCTIONALITIES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL BLOCKBOOK AND/OR TQOE, LDA., ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF USE FOR ANY LOST PROFITS, LOST REVENUES, LOSS OF REPUTATION OR GOODWILL, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING). THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

In addition to the above mentioned, BlockBook and/or TQOE, Lda. shall not be liable for damage or losses of any kind that may result from:

● Use or inability to use the Website, including, in particular, delays, interruptions, errors, interference and suspension of communications, omissions, trojan horses, viruses, bugs, and damages and/or malfunctions;

● Delays or usage blockages caused by deficiencies or overloads of the Internet or other electronic systems;

● Suspension, malfunction or unauthorized use of the servers on which the Website is hosted;

● Illegitimate or illegal actions of third parties.

Validity of the Terms of Use

If any section, term or provision of these Terms of Use is held invalid or unenforceable by a competent court of the country you live in, such invalidity shall not affect the validity or operation of any other section, term or provision, and such invalid section, term or provision shall be deemed to be severed from the Agreement.

Amendments to the Terms of Use

Blockbook reserves the right to amend, modify, update or remove, in whole or in part, at any time, without prior notice and with immediate effect these Terms of Use. You should review these Terms of Use from time to time to confirm if any updates or changes were made hereto.

If we amend the Terms of Use, we will post the relevant changes on our Webpage and highlight any relevant changes. However, your continued use of our Services and Webpage after any such changes, will be interpreted as your acceptance of the Terms of Use as amended. If you do not agree to abide by these or any future Terms of Use, you should not use or access (or continue to use or access) our Website and Services.

Governing law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Portugal. Any disputes arising from these Terms of Use shall be settled by the courts of Lisbon, Portugal, with express waiver of any other, to the maximum extent permitted by the applicable law.

COPYRIGHT 2023 BLOCKBOOK, TQOE Lda. Edifício Diogo Cão, Doca de Alcântara Nort, 1350-352, Lisboa, Portugal