TERMS OF SERVICE

Platform and Video Game Terms of Use and Subscription Agreement

This Platform is provided by Boss Protocol, Inc. (“BPI” and “we”). Your use of The Platforms and/or the Boss Protocol Apps and/or Websites (individually the “Platform” or collectively the “Platforms”) is subject to these Terms and Conditions of Use (the “User Agreement”). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Platforms and your permitted use of same. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use the Platforms.

The term “Platforms” used herein also refers to any and all games hosted on BPI servers or BPI games hosted on third-party servers.

PLEASE NOTE: YOUR USE OF THE PLATFORMS CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS SUBSCRIPTION AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE PLATFORMS.

1. Right to Use the Content

BPI grants you a limited, non-exclusive, revocable license for you to use the Platforms for your personal entertainment, information, education, and communication, upon all of the terms of this Agreement. The Platforms contain materials and other items relating to BPI and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using the Platforms, you must respect the intellectual property rights of BPI and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Additional License Limitations

You agree that all right, title and interest (including all copyright, trademark, service marks, and other intellectual property rights of any kind, whether registered or unregistered, in the Content (whether present or future), is the property of BPI, its licensors, or their content suppliers (as applicable) and is protected by international copyright and trademark laws. BPI and our licensors own all proprietary and intellectual property rights in all applications, software, and other systems, including all information, data, design, text, graphics, artwork, photographs, trademarks, logos, sound recordings, videos, and including any modification, enhancement, or derivative work of any of the foregoing.

Subject to your compliance with these Terms of Service, we grant you a personal, non-commercial, non-exclusive, non-transferable (except as provided for elsewhere herein), revocable, limited license (or sublicense, to the extent the content was licensed to us) to download, view, display, and use certain Content solely for your permitted personal use within our Services. These rights are tied to your acquisition of an item and shall end immediately upon the sale or transfer of any permitted Content. Any transaction by you of BPI Content to a third-party shall be conditioned upno the recipient agreeing to the same restrictions and limitations set out in this Terms of Service.

You agree that you will not under any circumstances:

1.1 Create or use codes, software, bots, hacks, mods, or any other unauthorized third-party software designed to modify the Service, the Games, the Content, or the experience provided by the App, Website, or NFTs;

1.2 Exploit the Games or the Content, or any part thereof, such as incorporating it into another product or service;

1.3 Use the Games or Content to advertise or promote another product or service;

1.4 Allow any third party to use your account on the Service or in a Game;

1.5 Use any unauthorized third-party software that intercepts, searches, or otherwise collects information relative to the Games, Content, or the Service, including, without limitation, any and all software that read areas of RAM used by the Games in order to store information relative to any character or environment of a Games; provided, however, that BPI may, in its sole and absolute discretion, allow for the use of certain third-party interfaces;

1.6 Modify, or cause to be modified, any file part of a Games or the Service in any way, except as expressly authorized by BPI;

1.7 Provide, create, or maintain any unauthorized connection to the Content, Games or the Service, including, without limitation, (a) any unauthorized connection to a server that emulates, or attempts to emulate, the Service or a Game; and (b) any connection using third-party programs or tools without the prior approval of BPI;

1.8 Disrupt or assist in the disruption of (i) any computer used to take control of the Service or any game environment (hereinafter individually referred to as a “Server”); or (ii) the experience of the Games of any player. ANY ATTEMPT ON YOUR PART TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAMES MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS;

1.9 Use a large number of free accounts, or any other mean of increasing your in game presence, to play the Games. The exact definition of “large number” is up to us depending on the server situation but it will never exceed 15;

1.10 Attempt to sub-license or otherwise diminish, in any way, the underlying value of the licensed property(ies); or

1.11 In any way attempt to obtain any intellectual property ownership rights in the Content;

Furthermore, any underlying rights in any property(ies) used in the creation of the Content will be unaffected when you complete a transaction via any application, website, or service. Neither BPI nor the relevant licensors of the property used in the creation of the Content offer to sell or license the property rights or any associated content. You must notify us immediately if you become aware of any actual or potential breaches of these rights.

2. Copyrights

All Content is copyrighted, and it is either owned or used with permission by BPI. BPI disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with BPI.

Except as set forth in this Agreement or in the text of the Platforms, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

BPI respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Platforms, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.

3. Trademarks

The trademarks, logos, and service marks displayed on the Platforms are owned by BPI and third parties, and the Platforms’s trade dress is owned by BPI (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by BPI are the property of their respective owners and are used under license. Nothing contained on the Platforms may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.

4. Your Communications to BPI; BPI Rights to Your Submissions

BPI likes to hear from you. However, in your communications with BPI, please keep in mind that, unless it specifically requests them, BPI does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to BPI any unsolicited materials, such as ideas for games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content.

Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to BPI via the Platforms or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to the Platforms (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and BPI will not assume any responsibility, obligation, or liability for them or for BPI’s receipt or non-receipt of them. BPI’s receipt of Your Submissions is not an admission by BPI of their novelty, priority, or originality, and it does not impair BPI’s right to contest existing or future intellectual property rights relating to Your Submissions.

You grant BPI a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by BPI in this User Agreement, do not and will not infringe any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Access to the Service

You may create an account only if you are a “natural person” aged 18 or more. Business corporations, limited liability companies, partnerships, and any other corporate body or commercial entity may not create an account. Any individual prohibited by BPI to use the Service may neither create nor use an account. By accepting the present Agreement, you hereby declare and warrant that you meet the eligibility requirements listed herein. In the event that BPI becomes aware that you have created an account that does not meet the foregoing provisions, BPI reserves the right to suspend, terminate, and/or delete the account at any time.

6. Online Shopping

The Platforms and other BPI Platforms may offer online capabilities to purchase products (such as Downloadable Content (“DLC”), in-game Currency, and related digital or physical products including non-fungible tokens or NFTs) and services (such as Season Passes and other memberships) that may be sold separately or as part of a bundle with other content. You must be 18 years of age or older to make any such purchases. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from BPI.

Use of the Service by Minor Children. Subject to the laws in force in your country of residence, users who are minor children may use an account created by either of their parents or their legal guardian, with the approval of either their parents or their legal guardian. As the parent or legal guardian, in the event that you grant authorization to minor children to use an account on this Service, you hereby accept the present Terms of Use on your own behalf as well as on behalf of said minor children, and you declare and warrant that you will be responsible for any and all uses of the account by minor children, authorized or unauthorized, including, without limitation, your minor child’s acceptance of the present Terms of Use.

Virtual Items. BPI owns, has licensed, or otherwise has any and all rights relative to all of the content that appear on the Service or in the Games and Content. You hereby agree that you have no right or title relative to said content, including, without limitation, virtual items or currencies appearing in or derived from any Game or Content, or any other attributes associated with the account or stored on the Service. BPI does not authorize (except as provided for herein) any alleged transfer of virtual items outside the Game, or any alleged sale, donation, or exchange in the “real world” of elements appearing in or derived from the Game, except as expressly authorized herein by BPI.

7. Subscriptions

BPI may offer recurring subscriptions to access certain features and content. Please refer to the specific rules governing such subscriptions in our Games and Content below.

8. Naming Policy

The creation of a character and the selection of a name may be available to users of the Content on the Platforms. In order to avoid any conflict, any and all users must comply with the following rules for the selection of a character name. In the event that a character name is in conflict with these rules, the team reserves the right to modify said name without notifying the user.

Any user that notices a character name that is in conflict with the Naming Policy may advise BPI at help@BossProtocol.io.

Character names falling into any of the following categories may be modified at any time without notice:

incitement to racial, religious, or ethnic hatred
reference or incitement to violence
reference or incitement to sexual activity
reference to any player’s sexual orientation
any name referring to a character or actual facts that may offend the community
reference to drugs or alcohol
lewd or vulgar remarks
insults.
Character names falling into any of the following categories will be modified following notification via email. In the event that the user concerned has not addressed such concerns after a period of 24 hours, the character name will be modified by the team:

reference to the human anatomy and to bodily functions
reference to religious elements
advertisement
use of registered trade names or registered trademarks.
It is recommended to avoid names that:

use all capital letters
feature numbers and letters
refer to actual locations or known individuals
constitute a partial or complete sentence (e.g. ineedtosay…).
9. Community Areas: Code of Conduct

BPI may elect to offer on the Platform certain community features such as email, bulletin boards, forums, and chat rooms, including but not limited to social media sites such as Twitter and Discord. In such cases, BPI will not be responsible for monitoring, screening, censoring, editing, or regulating the information or content disseminated on your part or by third parties on the Platforms. However, BPI reserves the right to do so in its sole discretion. BPI does not assume any responsibility for the accuracy or reliability of the information or content disseminated by any and all users or third parties.

The following comments may be subject to modification without prior notice and the intervention of a site administrator may lead to the suspension or deletion of the account on the basis of the gravity of the comments reported:

incitement to racial, religious, or ethnic hatred
reference or incitement to violence
reference or incitement to sexual activity, reference to the human anatomy and to bodily functions
reference to religious elements
reference to any player’s sexual orientation, reference to a character or actual facts that may offend the community
reference to drugs or alcohol
lewd or vulgar remarks
insults
advertising other than the commercial services offered as part of the Games as well as any other offending content.
In order to ensure the legibility of the content used in the community areas, any and all users must adhere to the following rules:

SMS language is to be avoided at all times and language understandable by everyone is to be used.
Chat windows may not be flooded with multiple messages displaying similar content.
As for the information or content that you may download from or upload to the Platforms, you hereby declare and warrant to BPI that you are entitled and authorized to do so without the consent of any third party.

You agree that you will not download from or upload to the Platforms: (a) content that is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, or of an harassing nature or otherwise inappropriate; (b) viruses or other harmful content; or (c) any content designed for commercial purposes (such as offers for the sale of products or services or attempts to raise funds or place advertising for any product or service).

BPI reserves the right, in its sole discretion, to set out additional rules for any community area and to reserve access to community features to specific individuals or groups on the basis of such criteria as age, geographic location, or others, to deny or restrict access, at any time, to any individual or group who fail to comply with these criteria or to any individual who fail to meet our criteria or who fail to comply with our rules and to change or modify said criteria or rules as it deems fit. BPI reserves the right (but will not be liable to it), in its sole discretion, to delete any element of information displayed on the Platforms that may contravene the provisions of this User Agreement and to deny access to the Platforms to any user.

10. Termination of Service

BPI reserves the right to terminate this Service, without prior notice, for contravening the requirement to comply with the conditions set out under the present Agreement. In the event of minor violations, BPI will issue a first warning stating the violation prior to terminating the Service. In the event that a behavior is utterly unacceptable, BPI will not be required to issue said prior notice. A behavior is considered utterly unacceptable in the case of a serious violation of any of the provisions set out under this Agreement.

You may cancel this Service at any time by ceasing all use of the latter, save and except for products purchased via this Service. You may at any time terminate any Account created by following the instructions set out on the Platform.

11. Use Restrictions

You agree that you will not: (a) use the Platforms for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on the Platforms by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with the Platforms that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to the Platforms or the proper operation of the Platforms. You also agree that, in using the Platform(s), you will not impersonate any person or entity.

12. Investigations; Cooperation with Law Enforcement; Termination

BPI reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Platform security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue the Platforms or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

13. Privacy and Security Measures

BPI must collect certain information in order to operate the Platforms and to fulfill your requests or enable participation in certain online activities. But BPI respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy.

We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Vendors, service providers, and others who help us make the Platforms and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to BPI and must agree to adhere to industry-accepted best practices to safeguard personal information. Nevertheless, we cannot guarantee complete security of personal information.

14. Disclaimers and Limitations of Liability

The Platforms may include technical inaccuracies or other errors, and your use and interaction with the Platforms is at your risk. THE PLATFORMS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BPI DOES NOT WARRANT THAT THE PLATFORMS WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PLATFORMS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE PLATFORMS OR THE MATERIAL CONTAINED ON THE PLATFORMS RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN BPI WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, BPI WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PLATFORMS. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE PLATFORMS TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

15. Links by You to The Platforms

You are granted a limited, non-exclusive, revocable right to create hyperlinks to the Platforms, so long as: (a) the links are only to the home page of the Platforms, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with BPI or cause confusion among consumers, (d) the links and related content on your site do not portray BPI or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.

16. Links on the Platforms to and from Other Sites

The Platforms may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of BPI. BPI has no control over the content of Linked Sites, and BPI does not assume any obligation to review any Linked Sites. BPI does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and BPI disclaims all liability in connection therewith. We require service providers and trusted vendors who operate Platforms on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted best practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities you engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and BPI disclaims all liability in connection therewith.

17. Banners, Advertisements, and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout the Platforms. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from BPI’s policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Platforms (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). BPI disclaims all liability in connection with therewith.

18. Procedure for Alleging Copyright Infringement

BPI will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Platforms, then send us a written notice that includes all of the following:

a legend or subject line that says: “DMCA Copyright Infringement Notice”;
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
your electronic or physical signature.
BPI will only receive DMCA notices by mail or e-mail at the addresses below:

By Mail:

Boss Protocol, Inc., 21781 Ventura Blvd., Suite 315, Woodland Hills, CA 91364

By Email:

help@bossprotocol.io

BPI may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and BPI may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.

19. General Provisions

Indemnity. You agree to indemnify, defend, and hold harmless BPI (which includes BPI’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of the Platforms.

Revisions to The Platforms and this User Agreement. BPI may, in its sole discretion, make changes to any aspect of the Platforms, including, without limitation, any Content, any activities available on the Platforms, and any products or services offered through the Platforms. BPI may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of the Platforms following the effective date of any such changes constitutes your acceptance of those changes.

Operation of Platforms; Availability of Products and Services. BPI operates its business and certain elements of the Platforms from its headquarters in the city of Beverly Hills, California, in the United States of America, and BPI makes no representation that the Platforms is appropriate or available for use beyond the United States of America. If you use the Platforms from other locations, you are responsible for compliance with applicable local laws. Although BPI products and services are available in many parts of the world, the Platforms may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. BPI makes no representation that it controls, maintains, or is otherwise responsible for the servers or other underlying services necessary for the operation of the Platforms.

Jurisdiction, Venue, and Alternative Dispute Resolution. Any dispute which arises in the course of or following the performance of the present contract will be definitively settled by means of arbitration and to the exclusion of courts of law, in accordance with arbitration rules in force at the time this contract is entered into and to which the parties declare they have adhered. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to the Platforms, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by BPI relating to your access to, or use of, the Platforms or any Content in accordance with this paragraph will be instituted in the district court in Los Angeles County in California. Accordingly, you consent to the personal jurisdiction of the courts in Los Angeles, California with respect to all matters relating to your access to or use of the Platforms and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by BPI to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Platforms, any Content, BPI’s operations, and/or BPI’s products or services caused by your act or failure to act.

Severability. If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.

BY USING THE PLATFORMS YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE, THAT YOU AGREE TO COMPLY WITH OUR GAME POLICIES, AND THAT YOU UNDERSTAND AND ADHERE TO OUR PRIVACY POLICY.

Last Update: September 30, 2021