Last updated 2 October 2024

Background

1. Brink Gaming AG, CHE-152.210.781, c/o Centralis Switzerland GmbH, Bahnhofstrasse 10, 6300 Zug, Switzerland (“Brink”, “we”, “our”, “us”), operates the top domains CreateYourScape and ScapeNexus, currently available via https://createyourscape.com and https://scapenexus.com/, including any subdomain currently operated and/or introduced from time to time (the “Websites”).
2. These Terms of Service (the “Terms”) apply to your access and use of the Websites including all functionalities, feature and content provided by us through the Websites, and use of any services provided on or via the Websites (the “Services”) and which we or our licensor own and/or maintain. By accessing and using our Websites, and by utilizing our Services (as applicable), you agree to these Terms. You shall stop using the Websites and/or our Services if you do not agree to these Terms.
3. We may update or amend these Terms from time to time to comply with applicable law or to meet our changing business requirements without notice to you. The date at the top of this page will be updated should we update the content of these Terms. By continuing to use the Websites, you agree to be bound by the terms of such updates and amendments.
4. If you have any questions about these Terms, please contact us via [email protected].

1. Access to and Use of the Websites
   1. By accessing and using the Websites, you agree that you will not (a) use the Websites for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else’s use and enjoyment of the Websites; (b) use the Websites in any way that interrupts, damages, impairs or renders the Websites less efficient; (c) transfer or send files that contain viruses, trojans or other harmful programs; (d) authorize, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with the Websites or any technology that forms part the Websites; or (e) penetrate or attempt to penetrate the Websites' security measures.
   2. You have the possibility to opt-in to receive direct marketing communications from us. By providing us with your consent and clicking on “Sign Up” you confirm that the name and/or email address you have provided is true, accurate and up to date. For more information about how we process your personal data, please read our Privacy & Cookie Policy.
   3. We may provide links to other websites and services via the Websites, including, but not limited to, operators and suppliers within social media, marketing and authenticator apps. You acknowledge that: (a) we do not control any third-party websites and are not responsible for their contents; (b) such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them; (c) linked websites have their own separate terms which you should comply with; (d) we will not be party to any transaction or contract with a third party that you may enter into via such websites; (e) we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and (f) you agree that you will not involve us in any dispute between you and the third party.
   4. You may link to our Websites, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have given you our prior written permission.
2. Access to and Use of the Services
   1. General

      We may from time to time make available certain Services to you via our Websites. You agree not to access our Services for competitive analysis or benchmarking, or to create a product or service competitive with the Services. You may be required to login to access certain Services, either by creating an account with us or by authenticating yourself via a third-party (such as social media login). We will make reasonable efforts in our sole discretion to provide you with support pursuant to any general inquiry you may have, and technical support upon your request in relation to your use of our Services. Please note that we may offer a range of different Services and that some of them may be offered solely during a limited time and some solely to eligible users. For more information about limited offerings and eligibility, please refer to our Websites and social media channels. We reserve the right to in our sole discretion suspend, modify or terminate our Services (in part or full) at any time and for any reason with or without notice to you. We further reserve the right to suspend or terminate your individual access to any Service if we suspect you are in breach of these Terms. Unless we provide a different set of terms for a specific Service, the following terms and conditions together with the terms and conditions applicable to the Websites shall apply to all our Services.

   2. Minting of NFTs

      You may be eligible to participate in certain time-limited features on our Websites such as the minting of our various existing or upcoming non-fungible token (“NFT”) collections. For more information about the various NFT collections, please visit any available information sources on our Websites and/or our social media channels. You acknowledge that you are solely responsible for conducting your own research prior to participating in any mint and purchase of NFTs, including ensuring any important details of an NFT and associated functionalities that you interact with on our Websites. Your minting of an NFT is at your own risk, including your responsibility to use the same account that was provided to our community managers for whitelist eligibility. Please review the publicly available and applicable smart contract for additional terms and conditions governing the NFT. We do not charge you anything for the minting of an NFT, but you acknowledge that other fees may be applied by third parties, such as mint/gas/transaction fees.

   3. Nexus

      We may make certain features available for you such as social questing, mini-games, and other activities on a separate platform currently accessible via Nexus (“Nexus”). You may be able to earn and accrue a certain number of points via Nexus based on your successful completion of available activities which you may redeem at a later time as subsequently announced by us. Nexus will further be the gateway to accessing the virtual interconnected worlds of Scape (for which a separate set of terms also apply, namely the End User License Agreement). For more information about the activities on Nexus, their availability, and certain supplementary terms and conditions, please visit the Websites and our various social media channels.

3. Intellectual Property Rights
   1. We own or are licensed to use all intellectual property rights existing in, or in relation to, the Websites and its contents, whether registered or unregistered. Unless otherwise explicitly set forth herein, your use of the Websites and its contents grants no rights to you in relation to our or a third party’s intellectual property rights. All rights not expressly granted to you are reserved by us in full. You are permitted to download and print content from the Websites solely for your personal use. Websites content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the Websites for commercial exploitation in any circumstances.
   2. Subject to your compliance with these Terms, you are granted a revocable, non-exclusive, non-transferrable, non-sublicensable, non-assignable, restricted, and limited license to download and use a copy of our press/media kit comprising our name and logos, whether registered or unregistered trademarks, for the purpose of referring to or promoting us or our brands, and you agree to comply with any set of guidelines we either include in the media kit, publish on the Websites or otherwise notify you of. You acknowledge that we or our licensor(s) own all rights to the content of any media kit we make available for you. Any use of our name and logo shall in absence of a separate agreement under no circumstance imply any official partnership or endorsement. We reserve the right to take appropriate action against any improper use of our name and logos.
   3. Subject to the limited rights expressly granted herein, we, for ourselves and/or on behalf of our licensors, reserve, and you acknowledge and agree that we and/or our licensors, own all rights, title, and interest in and to the Services, including any intellectual property rights and other proprietary rights (and any copies thereof) which subsist in the Services, now and in the future, whether registered or not. All rights, title, and interest in and to any and all improvements, modifications, derivative works, and innovations of, to and/or involving the Services will be retained in full and owned by us and/or our licensors.
   4. Subject to your compliance with these Terms, we hereby grant you a revocable, non-exclusive, non-transferrable, non-sublicensable, non-assignable, restricted, and limited license to use the Services made available to you by us for the sole purpose of using the Services in accordance with these Terms and any other terms we make available to you with respect to such Service.
   5. You hereby grant us a perpetual, worldwide, fully paid-up, royalty-free and irrevocable license to any suggestions, ideas feedback, comments, suggestions, contributions, and other relevant input (collectively “Feedback”) that you choose to submit to us related to our Services, whether you submit Feedback via the Websites, our social media channels or otherwise, including any intellectual property rights, immediately and automatically upon submission without the need for further act, formality or instrument and without further compensation than our provision of the Services hereunder. Following such grant of license, you agree that we shall have the unrestricted right to use, modify, reproduce and copy, transfer, assign, license, sub-license, abandon or otherwise dispose of the Feedback as we deem fit. You represent and warrant that you have the unrestricted right to grant us such license hereunder.
   6. You may not, and you may not permit anyone else to, carry out or attempt to carry out the following actions unless otherwise specifically communicated by us in writing or to the extent permitted under mandatory applicable law: copy, modify, create derivative works of, decompile, disassemble, decrypt, unmask, hack, emulate, exploit, tear-down, circumvent security mechanisms or reverse engineer (or carry out any act otherwise restricted by applicable intellectual property laws) any part of the Services.
4. Disclaimer
   1. Unless otherwise explicitly set forth herein, we accept no responsibility or liability for your reliance on the Websites. The content on the Websites is provided for general information only and any reliance is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Websites, we accept no liability for them.
   2. We provide the Websites and the Services on an 'as-is' and “as available” basis and do not guarantee that the Websites will be available or fault free and disclaim any and all liability for any errors or omissions. You further acknowledge that certain Services are undergoing development and may therefore not be error-free or feature-complete and subject to change in our sole discretion. We may suspend or terminate the Websites or the Services without notice at any time if we believe that this is necessary. We provide the content on the Websites in good faith but make no statement that any content is accurate, complete, or up to date.
   3. We make no, and hereby disclaim, and you hereby waive, any and all representations and warranties regarding the Services provided by us, including any statutory, express, or implied warranties of merchantability, fitness for a particular purpose, non-infringement, legality, safety, accuracy, or provision of an error-free or uninterrupted service. While we strive to make the Services available to you in a safe manner, you nevertheless acknowledge and accept the inherent risks of using the Services.
5. Limitation of Liability

   We shall not be responsible or bear any liability to you for any indirect, consequential, incidental, special or punitive damages, or any other loss or damage as a result of or related to your use of or inability to use the Websites or Services, including, but not limited, due to recovery phrase or password loss or any other technical impediment, including, but not limited to, data loss, accidental transfers to an incorrect address, and third-party activities such as phishing attempts. Our liability shall under all circumstances be limited to €100 Euros.

6. Indemnification

   You agree to defend, indemnify and hold Brink and its affiliates harmless from any and all claims, damages, losses, obligations, and penalties, including reasonable attorney’s fees, as a result of your use, action or inaction related to the Websites and Services in violation of these Terms or any applicable law, ordinance, regulation, court order or other legal requirement, contractual obligations, intellectual property rights, or other rights of third parties.

7. Other Terms
   1. These Terms constitute the entire agreement between you and us regarding your use of the Websites and the Services.
   2. You agree that we have the right to transfer or sub-contract our rights and obligation under these Terms to a third party. You may not transfer your rights or obligations under these Terms.
   3. Our failure or delay to exercise or enforce any right in these Terms does not waive our right to enforce that right. If a court of law or relevant authority finds part of these Terms to be unenforceable or unlawful, the remaining paragraphs shall continue in full force and effect.
8. Governing Law and Jurisdiction

   These Terms and any disputes or claims arising in or relating to these Terms shall be governed by Swiss law. You and Brink agree to the exclusive jurisdiction of the courts of Switzerland with respect to any such dispute or claim.