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TERMS AND CONDITIONS

Updated 21st of June 2023


WELCOME AND INTRODUCTION

Welcome to the Ember Sword community. This website and products and services
held within are owned and operated by Bright Star Studios ApS, (VAT no.
DK39822075), and in respect of the terms, Ember Sword will be represented by
(“Bright Star Studios”, “we”, “us” or “our”).

By accessing and/or using this website and related services, you agree to these
Terms and Conditions, which include our Privacy Policy. You should review our
Privacy Policy and these Terms carefully and immediately cease using our
products and services if you do not agree to these Terms.


SUBJECT MATTER

Bright Star Studios and all its subsidiaries are a global independent games
development studio crafting next-generation original MMO game franchise
experiences utilizing its own proprietary engine. The studio is developing its
flagship MMORPG title, Ember Sword, a modern rewrite of the games industry
business model which brings a player-owned economy and the community together in
a unique and engaging cooperative role-playing story universe.

Ember Sword is a social sandbox MMORPG taking place in a player-driven universe
where the adventure finds you. Built by a team of imaginative artists,
engineers, and game designers, Ember Sword offers a unique community-led and
frictionless PvP and PVE player experience. The game utilizes blockchain
technology, which allows users to trade their in-game digital assets in
secondary marketplaces.

The Ember Sword game is in the early stages of development, and therefore
product timelines related to the game, and in-game economy are subject to
change. This may result in subsequent changes to the timelines for capabilities,
usage, or utility of different Digital Assets which may have been released prior
to the finalization of the game.

These User Terms apply to all interactions from all Bright Star Studio’s
products and services supplementary to external platform-specific terms such as
Discord, Twitch, etc. We will most likely implement further updates to our terms
and policies when we reach further development of our products and services.


DEFINITIONS

App: means the Bright Star Studios distributed application that utilizes an
exchange on the Ethereum Blockchain, where individual persons can acquire
Digital Assets, which then can be visualized on a platform that the buyer of
Digital Assets can interact with.

Site: means the (Ember Sword or Bright Star Studios) websites and social media
platforms that the community members, players, and users of Digital Assets can
interact with.

Game: means the Ember Sword online game.

NFT: means Non-fungible Token which refers to the digital assets users can
acquire while playing the game or bought, traded, or sold on any whitelisted
exchange.

Smart Contract: means the contract you automatically agree to on the Ethereum
blockchain to execute transactions.

Digital Assets: means virtual assets or collectables to or in connection with
Bright Star Studios products or services including the Ember Sword game and
consist of (i) intangible but visible or auditory parts (graphic displays,
symbols, sounds, etc.); (ii) certain rights and (iii) underlying NFTs; examples
of Digital assets include game assets such as land plots, game items such as
collectables and community accessories such as support badges.

Fan Post: means pictures, drawings, art, text, music, sounds, Digital Assets,
and other content which is uploaded by Players, Community Members, Fans, SoMe
platform users, or others outside the Bright Star organization on an Ember Sword
or Bright Star Studios Site.

Immutable X (IMX): means a layer-2 scaling solution for Digital Assets on the
Ethereum blockchain. On May 31st, 2022, we announced that we would be switching
platforms from Polygon to Immutable X. Users who hold Digital Assets with us are
fully responsible to migrate their Digital Assets from Polygon’s platform to IMX
within 18 months of the original announcement, i.e. by December 1st, 2023.
Digital Assets which have not been migrated will from December 1st, 2023 no
longer be supported.


BINDING AGREEMENT

When purchasing, selling, or trading Digital Assets, completing transactions on
the (IMX)Immutable X and/or Polygon /Ethereum Blockchain, purchasing add-ons in
tools, or otherwise obtaining rights to or use of Digital Assets, the Site or
the App, you automatically agree to these Terms of Use (“Terms”). These Terms
constitute the entire legally binding agreement between the buyer of Digital
Assets (“you”, “your”), whether personally or on behalf of an entity, and Bright
Star Studio ApS (“we”, “us” or “our”).


USER REGISTRATION AND REPRESENTATION

You may be required to register and thereby submit your personal information to
the Site, the App, and the Smart Contract. It is your responsibility to ensure
complete, accurate, and relevant information and to maintain the information
associated with your registration and account.

We inform you that you must have the legal capacity necessary to perform your
obligations under these Terms and you understand that you cannot legally
purchase Digital Assets, or use the App and the Site if you are a minor in the
jurisdiction you reside.

We inform you that Geographical restrictions may apply for our Land sale. In
general, our Land sales are not for any residents of or any person located in
China, Cuba, Iran, North Korea, Syria, The Crimea Region or any other country or
territory that is the subject of national legal restrictions, or country wide or
territory wide sanctions. For US residents restrictions may apply and we
encourage accredited investors to contact us at partnerships@brightstar.studio
for further information.

You agree to keep your wallet address and password personal and confidential and
will be responsible for all use of and access to your account and password.

You acknowledge that for the purpose of complying with applicable legislation,
including but not limited to anti-money laundering laws and regulations, court
rulings, public authorities decisions, industry practice, or other requests or
requirements, we may demand from you further information to be able to fully
identify or perform checks of you or others; You agree and understand that
fulfilling of such requirements may be necessary to complete the transactions on
the IMX and/or Polygon/Ethereum Blockchain with the purpose of buying, selling
or trading Digital Assets and using the Site, the App or the Smart Contract and
that we may have to rescind such transactions if you do not comply with our
demands in this respect.

When accepting to purchase our Digital Assets you also accept the terms and
conditions on the trading platform where the actual trading is set. This
includes, but is not limited to, conditions on regrets, the platform's
disclaimer, and any other conditions for trading on the platform.


OWNERSHIP


OUR OWNERSHIP

We own and shall remain the sole owner of all legal rights, titles, and
interests in and to all other elements of the Bright Star Studios products which
include the Game, the Site and in the App, and all intellectual property rights
(“IP rights”) vested in the App and the Digital Assets.


YOUR OWNERSHIP

When acquiring Ember Sword related Digital Assets, you own the underlying NFT.
Within your ownership lies that you are permitted to trade, sell or give away
your NFT. NFT ownership and rights included herein are governed by the Smart
Contract and the IMX/Ethereum Blockchain. Nothing in these Terms, the Smart
Contract, the App, or the Site is intended to give you ownership of IP Rights or
other rights in respect of our intellectual property.

We may require you to transfer your Digital Assets to another platform, in which
case we will grant you at least twelve (12) months to migrate your Digital
Assets. If you fail to transfer your Digital Assets and choose to keep your
Digital Assets on a platform that we no longer support, the value of such
Digital Assets may decrease substantially.


LICENCE TERMS


GENERAL USE

We grant you a limited license to access and use the Site and the App. The right
granted is revocable, non-exclusive, non-perpetual, and non-transferable except
as otherwise set forth in these Terms. We grant you a revocable, assignable, and
transferable licence to use Digital Assets that you own. This right granted
applies only to the extent that you continue to own the Digital Assets. If you
at any time decide to trade, sell or give away the Digital Assets to others,
your rights to the specific Digital Assets immediately cease to exist, as the
licence follows the ownership of the Digital Assets. When you transfer any
Digital Asset you should make sure that the acquirer is informed about
limitations and restrictions to its use.

In no event shall we become responsible for resales or other transfers of the
NFTs or Digital Assets.


LIMITATION OF USE

Unless otherwise specifically stated in the Terms, your purchase of Digital
Assets and underlying NFT does not include; i) any rights or licenses to Bright
Star Content (as defined in section 6 below), ii) a right to transfer the
license to other parties or entities unless it forms part of a trade, sale, or
give away through the IMX and/or Polygon/Ethereum Blockchain subject to the
terms in the Smart Contract, iii) a right to use, copy, display or otherwise
utilize the Digital Assets for non-personal commercial purposes, iv) a right to
modify the Digital Assets, v) a right to use the Digital Assets in a way that
infringes the rights of others, including but not limited to fundamental human
rights and IP rights, vi) a right to attempt to acquire additional IP rights to
the Digital Assets.


INTELLECTUAL PROPERTY RIGHTS

The ownership covers both content created prior to or during the use of the App
by both parties under these Terms and shall cover the following non-exhaustive
list of IP rights: any inventions, patents, copyrights, design rights, trade
right, or knowhow, whether registered or not in relation to all source code,
database, functionality, software, website design, audio, video, text,
photographs, and graphics and any other content (collectively, “Bright Star
Content”) on the Site and in the Game and the App.


FAN POST

We are so glad for your contributions to our sites. Often we find it so cool, we
want to share it. This means that we will grant you the right to create Fan Post
based on our material, but only if you upload the Fan Post to our sites, and if
only you make sure that the Fan Post is free from third-party rights. By
uploading Fan Post to an Ember Sword or Bright Star Studios site, Bright Star
Studios have the right to use this Fan Post for marketing purposes, for example,
but not limited to, to reshare it, retweet it, repost it, and/ or repurpose it.
Please keep in mind that uploading Fan Post on an Ember Sword or Bright Star
Studios site does not change the initial IP rights of the Fan Post. We would
like you to consider that the content of your Fan Post should not include
harassment, sexual, political, drugs, violence, religious, or other kinds of
offensive material. In any case, we reserve our right to take down Fan Post
without notice.


PAYMENT TERMS

The purchase, trade, and selling of all Digital Assets are enabled through
whitelisted secondary marketplaces on the Ethereum Blockchain. The financial
transactions that you engage with in this blockchain are governed solely by the
owners of the marketplaces and Ethereum blockchain and we have no insights into
or control over such transactions. Any claims or damages that may arise as a
result of transactions on the exchanges, marketplaces, wallets, or Ethereum
Blockchain is not part of our responsibility or control, and as such we cannot
be held liable to you or any third parties for any claims or damages connected
to transactions.

Each time you utilize a Smart Contract to conduct a transaction, no matter the
type of transaction, with another user via the App, you authorize and agree to
the terms and conditions of those specific applications. This includes all fees
which are outlined clearly during the purchasing process.


DISCLAIMER OF WARRANTIES

Bright Star Studio to the fullest extent permissible under applicable law, makes
no warranties of any kind related to the Site, the App, and the Smart Contracts,
whether express or implied. This also applies to any communication between us
and you in and after your purchase of Digital Assets. The information on the
Site is not comprehensive and is intended to provide access to information about
the Ember Sword project. You should monitor any changes to the information
contained on the Site. We are not liable to you or anyone else if errors occur
in the information on the Site or if that information is not up-to-date.

The Site, the App, and the Smart Contracts are provided “AS IS” and “AS
AVAILABLE” and you understand and agree that the Ember Sword Game is still under
production and the Site, the App, these Terms and the purchased Digital Assets
may from time to time and without notice be subject to further development and
changes.

Bright Star Studio will not be held accountable, responsible, or liable for any
losses or damages, whether direct or indirect, you incur as a result of your use
of Smart Contracts and the IMX and/or Polygon/Ethereum Blockchain, and any
payments and transactional actions performed by you in relation thereto, as well
as damages incurred by violation of these Terms, including without limitation
your behaviour in contradiction with the prescribed limitations in use. We are
not liable for interference with or damage to your computer systems in
connection with the use of the Site or the App. You must take your own
precautions to ensure that whatever you select for your use is free of viruses
or anything else (such as worms or Trojan horses) that may interfere with or
damage the operations of your computer systems.

Digital Assets are intangible digital assets that exist only by virtue of the
ownership record maintained in the IMX and/or Polygon/Ethereum Network. You
agree and understand that Bright Star Studio has no control over or and makes no
warranties with respect to Smart Contracts, or losses due to blockchain or any
other features of the IMX and/or Polygon/Ethereum Network. You acknowledge that
the NFTs connected to Digital Assets are closely related to the Game.

We specifically disclaim any effects of keeping Digital Assets on a platform
that we have ceased to support, e.g. such as the Polygon platform that we no
longer support from December 1st, 2023.


LIMITATION OF LIABILITY

Bright Star Studio cannot be held liable for any indirect, special, or
incidental damages, such as but not limited to loss of data, loss of goodwill or
business reputation, loss of profits (whether incurred directly or indirectly),
or any other intangible loss you may incur, even if Bright Star Studios has been
advised of the possibility of such damages.

You agree and understand that the total, aggregated liability to you for any
claim arising out of or relating to these Terms, or your use of or access to the
Site, the App, and the Smart Contracts will be limited to 30% of the total
amount you paid to us in a period of 6 months prior to the date the claim arose.


INDEMNIFICATION

You agree to hold harmless and indemnify Bright Star Studio and its
subsidiaries, affiliates, offers, agencies, advertisers, licensors, suppliers,
or partners against any claim, loss, liability, damage, of any kind or nature,
suit, judgement, litigation cost, and attorneys’ fees arising from or in any way
related to your breach of these Terms, misuse of the Site and the App, violation
of Applicable laws, rules or regulations in connection with your access to or
use of the Site and the App.


PRIVACY

When purchasing Digital Assets and using the Site and App, we process your
personal information. We are committed to protecting your personal information
from any unauthorized use, access, and disclosure. For more information on how
we collect, store, use, and disclose your personal information, please see our
Privacy Policy.


GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and any dispute relation hereto, or to the use of the NFTs, Digital
Assets, the Site, the App, and the Smart Contracts, will be governed by and
construed in accordance with Danish law. In the event of any lawsuit or
proceeding, the Courts of Denmark will have exclusive jurisdiction.

If a dispute arises relating to these Terms, both parties agree to first attempt
to resolve the dispute by informal negotiations. If informal negotiations do not
result in a satisfying resolution, you agree and understand that the dispute
will be finally and exclusively resolved by binding arbitration in accordance
with Danish law.

If any dispute arises out of or relating to this Agreement, the Parties shall
attempt to settle it by mediation in accordance with the Association of Danish
IT Attorneys’ (DITA) Mediation Procedure (www.danske-it-advokater.dk). The
mediator shall be nominated by DITA. The mediation shall take place in
Copenhagen and the language of the mediation shall be English. The Mediation
Agreement referred to in the Mediation Procedure shall be governed by, and
construed, and take effect in accordance with, the substantive law of Denmark.
To initiate the mediation a Party must give notice in writing to the other
Part[y][ies] to the dispute requesting a mediation. A copy of the request shall
be sent to DITA. The mediation shall start no later than 8 (eight) days after
DITA's receipt of the notice. No Party may commence any arbitration proceedings
in relation to any dispute arising out of this Agreement until it has attempted
to settle the dispute by mediation and the mediation has terminated. As a
minimum, a Party shall be obliged to attend the first meeting convened by the
mediator. A Party shall be entitled to commence arbitration proceedings if any
delay of such proceedings may result in the forfeiture of any right, e.g. due to
time-barring.


TERMINATION

These Terms shall remain effective and in full force while you use the Site, the
App, and the Smart Contracts, and while you own the digital Assets or NFTs.

Termination may only be effectuated by you if you cancel your account and cease
to use the Site and the App.

Termination or suspension, depending on the cause, may be effectuated by us for
any breach of these Terms, misuse of the Site, the App, or the Smart Contracts,
without warning, in our sole discretion. Termination or suspension may also be
effectuated by us for any other action performed by you justifying such
termination or suspension, including but not limited to, for example, all at our
sole discretion:

Your application of the Site, the App, or the Smart Contract for criminal
purposes or fraudulent conduct;

Your application of the Site, the App, or the Smart Contract with the intention
to establish other financial instruments or engage in other financial
transactions than already enabled on the IMX and/or Polygon/Ethereum Network and
governed by the Smart Contract;

Requirement by applicable law, rule, or regulation;

Termination or change of terms by a third-party service provider in relation to
services necessary for us to fulfill our obligations;

Risk of continued services creating a substantial economic burden on us;

Risk of continued services creating a security risk or material technical
burden.

Upon termination, your account will be deleted, and your access to the Site and
The App will expire and any rights granted in these Terms will expire.


MISCELLANEOUS

You understand and agree that these Terms, the NFTs, Digital Assets, the Site,
and The App may be subject to changes. You understand that the Ember Sword Game
has not yet been released and more obligations and rights may be imposed on or
granted to you in the future. It remains your own responsibility to keep
yourself updated with changes to these Terms, whereas we will do our best to
inform you of material changes.


MODERATORS

Community Moderators form our team of assigned assistants. Moderators are
dedicated users, who are assigned to moderate posts and answer simple questions.
Moderators are not empowered to act on behalf of Bright Star, take decisions,
offer, accept, or conclude agreements. Moderators are not providing advice on
behalf of Bright Star but rather post their own thoughts and opinions that might
differ from Bright Star's position.


GENERAL COMMUNICATIONS DISCLAIMER

Bright Star never provides advice on anything (OTHER than pure in-game topics);
Statements made, including Fan Post meanings, interpretations, or statements –
on any platform or media - from our community team, or anyone else outside of
our community are never to be used as advice and in particular legal or
financial advice. Statements around timelines and properties for the Game and
Ember Digital Assets are always non-binding and will probably be changed.
DLT-based products and services are likely to become subject to regulation and
we are aiming to take such regulation into account in our updated terms. This
may also affect already provided or promised goods or services (“Products”); All
our Products, including Digital Assets, may become adjusted, changed, or even
canceled without further notice.



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