🤝General Terms of Use
WELCOME TO THE BLOCKBOOK APP
Welcome to BlockBook! Before joining our creative platform, where you can share your inspirations with influential content creators ("Creators") and their audiences, please carefully read these Terms of Use. These Terms govern all content submissions within our platform community.
These Terms of Use (also referred to as "Terms and Conditions" or "T&C") constitute a legally binding agreement (the "Agreement") between you (referred to as "you," "your," "User," "Creator," or "Contributor") and BlockBook ("we," "us," "our," or "TQOE Lda.") and govern the rules regarding all content generated through our Website and Services ("Content"), unless we have executed a separate written agreement with you or provided specific terms for that purpose. Your rights and obligations may vary depending on your relationship with us and our creative platform community. For detailed information on your rights and obligations as a User, Creator, Architect, or Contributor, please consult the relevant sections below or contact us at support@blockbook.app if you have any questions.
ACCEPTANCE OF THESE TERMS OF USE
By contributing, submitting, or publishing content on our platform, browsing, or otherwise using our Website or Services, you acknowledge that you are at least 16 years old and have read, understood, and accepted these Terms of Use. If you do not agree with any of the rules set forth or if you are under 16 years of age, you are prohibited from using our Services.
OUR CREATIVE COMMUNITY AND THE SERVICES WE PROVIDE
We strive to foster a creative environment that allows users to submit their content directly to the digital profiles of influential people and brands, known as BlockBooks. Once content is published, it appears as a "block" and is spotlighted by those influential figures and brands, making it visible to their audiences. Creators may offer customized rewards to content contributors, which are described prior to submission.
Users can publish general content or contribute to ongoing Sparks—contest-like events that follow rules set by their creators, who may be brands or influential individuals. Sparks are initiated by Creators, allowing users to contribute their inspirations, becoming Contributors to the BlockBook ecosystem and joining its community.
While these are the general BlockBook terms, each Spark has its own terms that override any conflicting rules. The Intelectual Property (IP) rights ownership and flow will be stipulated by each Spark's Terms of Use, so be sure to understand them before submitting your content. Based on these specific Spark Terms of Use, you will determine whether you can claim ownership of your IP, in the form of an Intellectual Property (IP) Asset.
BlockBook manages the discoverability of your content, offering a new avenue of visibility by connecting you with the people and brands who inspire you and their audiences. Additionally, BlockBook registers your content on the Story Protocol Blockchain (https://www.storyprotocol.xyz), ensuring the provenance, transparency, and origin of its creation while facilitating ownership transfers and rights management. IP will be consolidated and registered via Story Protocol as either an IP asset or an IP derivative. General submissions' IP will always belong to the user. Users will be able to redeem their IP assets or derivatives once a Spark Contest has ended, as clarified in each Spark's Terms of Use. General submissions will be redeemable immediately after submission.
Creators
A Creator is defined as a highly influential individual or brand, initially onboarded and contracted by the BlockBook team. These Creators are typically influential in their respective industries or fields. BlockBook turns these Creators into platforms where their audiences, fans, and users can share content, offering both personal and community visibility. Creators set the submission fees and can establish rewards based on various conditions, usually in the form of a contest, where the best submissions are further rewarded. They also decide the IP flow of submitted content.
Creators are solely responsible and fully liable for fulfilling their rewards and meeting contributors' expectations when it comes to paid content submissions. Creators provide the foundational landscape for content block submissions and are equipped with digital tools to spotlight and shortlist all content submissions to their BlockBooks.
Creators have the ability to create "Sparks," typically initiated by adding their own content. This content can be in any format (audio, video, text, or image) and serves as an initial cue for inspiration, which can then be used by their audiences for elaborations, remixes, and other creative uses. Therefore, Spark content should be free of any Intellectual Property Rights encumbrances, including copyrights, to ensure usability by others. The Creator assumes full responsibility and liability for this content. Acceptance of these terms and conditions confirms this agreement.
Contributors
Contributors can participate on the BlockBook platform either for free or by paying a fee set by Creators, by submitting their content. This content is minted as an ERC-721 Non-Fungible Token (NFT) and stored on our customized Smart Contract. When IP is redeemed, we trigger a transfer function that allows the user to assign a specific wallet address to receive the NFT. Upon redemption, users must sign a transaction and pay the applicable gas fees to finalize the transaction. Once content is published, it gains instant visibility on the Creator's BlockBook and is algorithmically distributed throughout the BlockBook platform, particularly among other contributors to that BlockBook. Additionally, this content is delivered as an unseen content block to the Creators for their review and acknowledgment.
We do not take responsibility for the negligence of Creators or their failure to fulfill their agreements with their audiences. Community is key, and Creators understand the reputational risk involved in not meeting their obligations.
Users
Not everyone is a content creator, but anyone can enjoy the BlockBook platform and the incredible content being created and submitted. As a user, you can comment, like, and share ongoing works at any given moment, provided you have an account with us.
OUR PLATFORM'S SUBMITTED CONTENT AND ASSOCIATED RIGHTS AND OBLIGATIONS
When you submit your content as a Contributor of general content, you retain all rights to your work, and you agree that the content is original, authentic, and does not infringe on any global rights. To reinforce your ownership, BlockBook will mint the metadata of your content as an NFT, establishing an unbreakable record of its creation and allowing you to redeem it as an IP asset directly into your assigned wallet.
When you submit your content as a Contributor to a Spark contest, your rights ownership will be determined by the specific terms of use set by the Creators of that Spark. By participating, you agree that your content is original, authentic, and does not infringe on any global rights. There are three potential outcomes:
Full IP Retention: All IP rights belong to the contributors, making all IP assets redeemable.
Conditional IP Transfer: Only the winning content’s rights are transferred to the Creators in exchange for personalized rewards. Contributors whose content is not selected retain their IP rights and can redeem their IP assets. This grants the Creator exclusive rights over the winning content.
Complete IP Transfer: No content IP rights remain with the contributors, making IP assets non-redeemable. In this case, the Creator gains exclusive rights over all submitted content.
As a Contributor to a BlockBook, you are granted:
The right to earn Creator Credits, rewarded through influencer and brand interactions like likes, shares, and comments. These credits can be used for future rewards, voting weight, in-app purchases, and access to premium platform features.
The right to participate in Sparks, where your content will be displayed and visible to the Creator and their audiences.
THE FUNDING SYSTEM
Our funding system distributes proceeds from each block purchase as follows:
80% goes to Creators.
20% goes to BlockBook.
OWNERSHIP OF CREATIONS YOU DECIDE TO SHARE WITH OUR COMMUNITY
BlockBook serves as the escrow for IP assets (intellectual property rights assets), retaining all rights in accordance with the outcomes of Sparks or for the safekeeping of general submissions. This includes, but is not limited to, any content on the Platform or related to BlockBook services and products. This role is carried out without any additional remuneration or further authorization, as outlined in this Agreement. You acknowledge and agree that intellectual property created exclusively by you will remain your property, provided it is deemed redeemable, and can be used by you for other purposes without restrictions. If the IP is not deemed redeemable, those rights will be retained by BlockBook or transferred according to the specific Spark terms.
BlockBook’s name and logos are trademarks and service marks owned by us. All copyrighted works, trademarks, or other intellectual property on the Platform not owned by us are the property of their respective owners. Nothing on the Platform should be interpreted as granting any license or right to use any trade names, trademarks, service marks, logos, copyrights, or other intellectual property rights without the express prior written consent of the respective owner.
YOUR RESPONSIBILITY FOR CONTENT ADDED TO OUR BLOCKBOOKS
Our platform welcomes your ideas and believes that your content should have no limits. However, please remember that you are legally responsible for all content you decide to add. By contributing your content to the platform, you represent and warrant that the content you are adding:
Is an original work, and you solely own the content or have the right to share and legally license these rights, as provided under these Terms of Use.
Is not subject to any proceedings, outstanding orders, settlement agreements, or stipulations that may affect the validity, use, or enforceability of the added content.
Is legal.
OBLIGATIONS OF THE CREATORS
Creators agree to the following terms and obligations as part of this Agreement:
Content Integrity: Creators shall not remove approved content from the platform unless the content is deemed inappropriate according to the platform's standards.
Legal Compliance: Creators must secure all necessary legal authorizations required for the creation and use of their content.
Originality and Liability: Creators affirm that their content is original and does not infringe on the intellectual property rights of others. They agree to compensate BlockBook for any damages resulting from copyright infringement claims or violations of third-party rights and assume full liability for such issues.
Indemnification: Creators agree to indemnify and hold BlockBook harmless from any damages, liabilities, losses, penalties, fines, expenses, and costs arising out of or related to the Creator’s rewards, submission fees, Sparks, or any content or offers provided by the Creator. All such matters are under the Creator’s sole discretion, responsibility, and liability.
Respectful Conduct: Creators must use the BlockBook brand and image responsibly and refrain from any conduct or statements that could denigrate or defame BlockBook, its affiliates, agents, or related businesses, brands, or products.
Content Usage Rights: BlockBook is authorized to use and commercially exploit the Creator’s content, as well as the Creator’s image, name, and voice, in relation to the content under the terms set forth in this Agreement.
Intellectual Property Rights: Intellectual property created exclusively by the Creator remains the Creator’s property. However, in accordance with the IP flow, BlockBook may act as the escrow for IP assets based on the outcomes of Sparks or for general submissions.
Platform Interaction: BlockBook and its users, including Contributors, may edit, modify, elaborate on, add to, and share the content created by Creators on the Platform.
No Usage Obligation: BlockBook is under no obligation to use the Creator’s content in any specific manner.
Perpetual Media Rights: BlockBook retains the rights to use the Creator’s content on its media channels for organic content perpetually after the content is posted.
Revenue Management: BlockBook has the authority to manage and distribute fees related to the content on the Platform according to the established terms.
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 you must not use the Website/Platform in any way that causes or may cause damage or impair the availability or accessibility of our Services or Website. You must not use our Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity, including but not limited to (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 viruses, worms, defects, Trojan horses, or other items or computer codes, files, or programs that may interrupt, destroy, or limit the functionality of any computer system, shared or added content, or communications equipment, or that may adversely affect 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 unauthorized bots, robots, spiders, or any automated process) that may cause any limitations to the Service or with the intent of manipulating or taking over the Service or harming our creative community or Website.
You agree not to alter or remove any digital rights management data or technology found in our goods, which may be used to discourage or stop unauthorized use of our intellectual property.
You must not (or attempt to) interfere with our Service, circumvent, disable, or otherwise restrict any of our security-related features, or attempt to reverse-engineer, decompile, disassemble, or modify our Website. You are expressly forbidden from conducting 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 BlockBook’s express written consent.
These T&C are supplemented by our Privacy Policy, which explains how we process your personal information and must be expressly accepted when registering with us. Our Privacy Policy explains the types of information collected, stored, shared, and further processed in connection with our Platform and related Services, as well as how and why we use such information, who we share it with, and your legal rights.
SECURITY
We will put our best efforts into ensuring that the Platform is free from any viruses or other elements that may compromise your computer or mobile device. To ensure the Platform’s security, we may, at any time and without prior notice, take the necessary measures to ensure the integrity, security, continuity, or quality of the Platform, which may include access restrictions and limitations as described below.
OUR COMMITMENT REGARDING THE OPERABILITY OF OUR SERVICES AND WEBSITE
We may suspend, block, stop, or cease access to our Website, for all or specific Contributors or Users, in the following cases:
When necessary to ensure the security of communication channels, equipment, or information;
When necessary due to technical, strategic, legal, or business constraints;
When there are strong suspicions of abusive or fraudulent use by you or a third party, including the use of robots, spiders, crawlers, scrapers, 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 management, maintenance, repair, modification, or update operations of the equipment, systems, or any of the Website’s functionalities;
In other circumstances duly justified, including non-compliance with your obligations under these Terms of Use.
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 any individual User or Contributor's behavior is likely to harm the community, BlockBook ecosystem, or its creative process, and when the repeated 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 and/or Services.
YOUR ACKNOWLEDGMENT OF EXISTING RISKS
You acknowledge that by using our Website and Services, 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 unauthorized access to information stored within your electronic wallet. You accept and acknowledge that TQOE, Lda. 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 that by using our Website and Services, 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 with our community are intended to stimulate creativity and produce a collective work and should not be considered as securities or financial instruments 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 its 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 created Content; and (iii) your breach of these Terms of Use.
BlockBook takes no responsibility and assumes 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, or corruption of content stored, communicated, or transmitted by or through your use of the Service, including the loss or damage of NFTs;
Any loss of profit, opportunity, goodwill, or business reputation suffered by you, in relation to the Service provided or resulting 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 is 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 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, 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, 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.
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 the express waiver of any other jurisdiction, to the maximum extent permitted by applicable law.
CONTACT US
support@blockbook.app
COPYRIGHT 2022 BlockBook, TQOE Lda.
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