Blocksmith General Terms of Service

  1. Your Acceptance
    1. By using or visiting the Blocksmith website or any Blocksmith products, software, data feeds, and services provided to you on, from, or through the Blocksmith website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Blocksmith’s Privacy Policy, found at blocksmithxr.com/privacy and incorporated herein by reference, and (3) Blocksmith's Community Guidelines, found at blocksmithxr.com/community and also incorporated herein by reference. If you do not agree to any of these terms, the Privacy Policy, or the Community Guidelines, please do not use the Service.
    2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version blocksmithxr.com/terms . Blocksmith may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
  2. Service
    1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, models, components, interactive features and other materials you may view on, access through, or contribute to the Service.
    2. The Service may contain links to third party websites that are not owned or controlled by Blocksmith. Blocksmith has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Blocksmith will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Blocksmith from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
  3. License to the Software and Copyright Works

    This Website contains free and paid Licenses and updates to the Blocksmith Software or Copyright Works, that you may elect to purchase and/or download. In order to use the Blocksmith Software or a Copyright Work, you must be granted a valid license by accepting the Agreement for the specific Software or Copyright Work. Except as otherwise provided herein, your use of the Blocksmith Software or Copyright Work will be governed exclusively by the Agreement, not by these Terms.

  4. Blocksmith Accounts
    1. In order to access some features of the Service, you will have to create a Blocksmith Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Blocksmith immediately of any breach of security or unauthorized use of your account.
    2. Although Blocksmith will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blocksmith or others due to such unauthorized use.
    3. Free Services Accounts are available by selecting the Signup link on the home page. You must provide your username and a valid email address, and must verify the email address prior to logging in. Once you have created and verified your Account, you can sign in directly by clicking the Login link on the home page.
    4. Paid Services Accounts. After creating your basic account, you may upgrade to a paid account through your User Profile page. You will be asked to provide customary billing information such as name, billing address, and credit card information to Blocksmith’s third party payment processor. You agree to pay Blocksmith the Fees for all purchases of paid Services (including all applicable taxes) made via the Website and you hereby authorize the collection of such Fees by charging the credit card you provided as part of your order. For subscription Services, Blocksmith may disable all copies of the Software or Copyright Works you have licensed in the event you fail to make all payments by the due date.
    5. Termination of a Paid Account. You may discontinue payment for your Account at anytime through your User Profile page. Once payment has been discontinued, your Account will be downgraded to the Free Services status and you will not be allowed to access the paid services.
  5. General Use of the Service—Permissions and Restrictions
    Blocksmith hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
    1. You agree not to distribute in any medium any part of the Service or the Content without Blocksmith's prior written authorization, unless Blocksmith makes available the means for such distribution through functionality offered by the Service (such as the Blocksmith Marketplace, Builder/Viewer software and/or export functionalities).
    2. You agree not to alter or modify any part of the Service.
    3. You agree not to access Content through any technology or means other than the Experience Preview pages of the Service itself, the Blocksmith Viewer, or other explicitly authorized means Blocksmith may designate.
    4. Blocksmith allows for the contents of the Service to be published through video broadcasting services for any commercial or non-commercial purposes. Monetization of videos created containing assets from the Service is legally & explicitly allowed by Blocksmith.
    5. You agree not to use the Service for any of the following commercial uses unless you obtain Blocksmith's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Blocksmith appears on the same page and is of sufficient value to be the basis for such sales.
    6. Commercial uses that are allowed include: uploading an original experience to Blocksmith, or maintaining an original Builder Page on Blocksmith, to promote your business or artistic enterprise; showing Blocksmith experiences through the Blocksmith Viewer on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or any use that Blocksmith expressly authorizes in writing.
    7. Showcasing Blocksmith content either in public settings, in Arcades or sharing privately with other users and clients can cause significant server use and cost. You acknowledge that free Blocksmith accounts operate with a tight limit on the number of available uses/downloads/views, while paid accounts typically include generous limits for uses/downloads/views and that the definition of excessive use as relevant in 8B is dependent on the account type used by you as the Creator and by Collaborators/Viewers.
    8. If you use the Blocksmith Builder, you agree that it may automatically download and install updates from time to time from Blocksmith. These updates are designed to improve, enhance and further develop the Builder and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Blocksmith to deliver these to you) as part of your use of the Builder.
    9. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Blocksmith servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Blocksmith grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Blocksmith reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    10. In your use of the Service, you will comply with all applicable laws.
    11. Blocksmith reserves the right to discontinue any aspect of the Service at any time.
  6. Your Use of Content
    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
    1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Blocksmith, subject to copyright and other intellectual property rights under the law.
    2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Blocksmith on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Blocksmith or the respective licensors of the Content. Blocksmith and its licensors reserve all rights not expressly granted in and to the Service and the Content.
    3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Blocksmith is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Blocksmith with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Blocksmith, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
    5. Media files: Certain media files, including but not limited to pictures, videos, music and sounds can be integrated into Blocksmith experiences. These files are uploaded into a user's account and are downloaded when an experience which includes such media files is being viewed/remixed by another user. Media files that are uploaded are private and cannot be accessed by other users, except when a user creates an experience containing a media file and shares it, directly with select users for private experiences or with all users for public experiences. If a user marks an experience as "remixable", other users can build experiences using that media. If another user creates an experience based on a media file flagged as "remixable", a copy of the media file will be created. In that case, deleting the original media file will only delete it from the original user's account, but not in remixes.
  7. Your Content and Conduct
    1. As a Blocksmith account holder you may submit Content to the Service, including experiences and user comments. You understand that Blocksmith does not guarantee any confidentiality with respect to any Content you submit except when explicitly stated otherwise for certain product versions (typically business and edu applications).
    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Blocksmith all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Blocksmith you can choose to publish content to the blocksmith domain or other domains publicly and potentially remixable. In those cases, you grant Blocksmith and potentially other Blocksmith users a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Blocksmith's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Blocksmith may retain, but not display, distribute, or perform, server copies of your experiences that have been removed or deleted In other words, if another user builds on work you post publicly and remixable, these derivatives will remain working and accessible even if you delete your original. Note the above licenses granted by you as user comments you submit are perpetual and irrevocable.
    4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Blocksmith all of the license rights granted herein.
    5. You further agree that you will not submit to the Service any Content or other material that is contrary to the Blocksmith Community Guidelines, currently found at blocksmithxr.com/community which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    6. Blocksmith does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Blocksmith expressly disclaims any and all liability in connection with Content. Blocksmith does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Blocksmith will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Blocksmith reserves the right to remove Content without prior notice.
  8. Account Termination Policy
    1. Blocksmith may terminate your access to the Service if you are found to be in violation of any of these Terms. Termination may include: (i) permanent deletion of your Account, (ii) removal of part or all of the Content generated by you, (iii) suspend or interrupt your access to all or part of the Website or services. These actions may be taken with or without prior notice or explanation, and you agree Blocksmith will incur no liability in this respect.
    2. Blocksmith reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Blocksmith may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
    3. If your Account is inactive for a period of six (6) months since your last usage, Blocksmith may delete this Account.
  9. Digital Millennium Copyright Act
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may direct copyright infringement notifications to us by email: copyright@blocksmithxr.com . For clarity, only DMCA notices should go to the copyright email; any other feedback, comments, requests for technical support, and other communications should be directed to Blocksmith customer service through support@blocksmithxr.com . You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Boise, Idaho, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Blocksmith, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Blocksmith's sole discretion.
  10. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLOCKSMITH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. BLOCKSMITH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. BLOCKSMITH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLOCKSMITH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  11. Limitation of Liability

    IN NO EVENT SHALL BLOCKSMITH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLOCKSMITH SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Blocksmith from its facilities in the United States of America. Blocksmith makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  12. Indemnity

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Blocksmith, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

  13. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13, with the exception of using the Blocksmith EDU edition which can be licensed by schools. If you are under 13 years of age, then please do not use the Service, with the exception of the Blocksmith EDU edition which can be licensed by schools.

  14. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blocksmith without restriction.

  15. General

    You agree that: (i) the Service shall be deemed solely based in Idaho; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Blocksmith, either specific or general, in jurisdictions other than Idaho. These Terms of Service shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. Any claim or dispute between you and Blocksmith that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Ada County, Idaho. These Terms of Service, together with the Privacy Notice at blocksmithxr.com/privacy and any other legal notices published by Blocksmith on the Service, shall constitute the entire agreement between you and Blocksmith concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Blocksmith's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Blocksmith reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BLOCKSMITH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: August 29, 2019

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