Terms of service

Last Revised: April 01, 2024

Welcome to the Terms of Use (these “Terms”) for the website https://bloomverse.io (the “Site”), the Bloom game (the “Game”), and all content and functionalities available through our Site and the Game (including the Bloom Wallet, as defined below) except for the Bloom DAO (as defined below) (collectively, the “Services”), each operated by or on behalf of Bloomverse, Inc. (“Company,” “we,” or “us”), a Delaware corporation. For clarity, the Services do not include the operations of the Bloom DAO or any associated websites.

These Terms regulate your access to and use of the Services. Please read these Terms thoroughly, as they contain important information about your legal rights. By accessing and/or using the Services, you agree to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For the purposes of these Terms, “you” and “your” refer to the user of the Services. If you use the Services on behalf of a company or another entity, then “you” includes both you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity.

SERVICES | WALLETS | ACCOUNTS

Overview of the Services. The Services provide an innovative metaverse gaming experience through the Game and other associated features, merging traditional core game mechanics with blockchain technology using the Solana blockchain (the “Bloom Metaverse”). This metaverse operates on a dual token system — “BLOOM” and “Bloomies.” BLOOM acts as the in-Game currency for economic activities such as buying resources, ships, repairs, stations, and other in-Game assets. Bloomies serves as a versatile governance token used for in-Game applications and to influence decision-making by the decentralized autonomous organization governing the Blooverse (the “Bloom DAO”). More information about the Bloom DAO can be found at https://govern.bloom.com. Although we may offer services to the Bloom DAO to create, facilitate, or maintain certain aspects of the Bloomverse, we do not control the Bloom DAO and are not accountable for its decisions or actions. You agree that we cannot be held liable for any damages or losses incurred due to any actions or omissions by the Bloom DAO. Further information on the Bloomverse, including uses of BLOOM and Bloomies, is available in the Bloom Economics whitepaper at https://bloom.com/assets/pdfs/economics-paper.pdf, which may be updated periodically.

DACs. The Bloomverse uses a guild system that lets you form factions and collectives operating within the Bloom Metaverse in a decentralized, autonomous manner (“Decentralized Autonomous Corporations”). The Services may offer tools to help you and other players implement and manage these Decentralized Autonomous Corporations. We reserve the right to revoke access to these tools for any Decentralized Autonomous Corporation or player if they violate these Terms or for any other reason we determine in our good faith business judgment.

Game Items. The Services provide a marketplace (the “Marketplace”) for purchasing, transferring, and trading Game-related items such as ships, stations, resources, posters, and other items (collectively with other Game-related assets, attributes, or characteristics, whether transferable or tradable, “Game Items”); any Game Items labeled as “soulbound” will be non-transferable and non-tradable from the Digital Wallet or Account in which they were initially stored (“Soulbound Items”). Game Items can be used in various ways within the Services as made available by us or the Bloom DAO, such as representing in-Game assets for gameplay. We make no guarantees about the functionality, utility, or value of any Game Items, which may evolve and change as we or the Bloom DAO update the Game and the Bloom Metaverse.

Game NFTs. Purchasing Game Items may come with non-fungible tokens (“NFTs”), with ownership tracked via the Solana blockchain (“Game NFTs”). Ownership of these Game NFTs grants certain rights and privileges within the Services, for as long as these Services and associated privileges are available. You are responsible for all costs, including purchase price, transaction fees, and fees associated with secondary or subsequent sales of Game NFTs.

Marketplace. We offer the Marketplace to sell Game Items and other Services-related offerings (collectively, “Offerings”) directly from us. The Marketplace also facilitates peer-to-peer sales through decentralized or third-party exchanges or protocols for buying, selling, and trading Game NFTs (excluding Soulbound Items). We may charge a transaction fee on peer-to-peer sales through the Marketplace or involving Game NFTs, which may be a percentage of the overall sale price. Discounts on transaction fees may be available through holding or staking certain Services-related tokens and assets, with terms subject to change at our discretion. The Marketplace integrates with third-party exchanges and services, or decentralized smart contract protocols, to facilitate the exchange of cryptocurrency and other assets through the Solana blockchain. We do not own or control these third-party services, nor do we control the transfer of cryptocurrency or digital assets, including Game NFTs, using these services, and we cannot cancel or reverse Marketplace transactions. You agree that, to the extent you transfer or trade a Soulbound Item, it will not be associated with any recipient different from the original Digital Wallet or Account. We do not control or endorse purchases or sales of Game NFTs outside the Services, including the Marketplace. For Game NFTs not sold directly by us, we are not a party to any agreement between buyers and sellers on the Marketplace and have no control over buyer and seller interactions. We accept no liability for buyer and seller interactions on the Marketplace.

Digital Wallets.

To utilize certain features of the Services, you must link a non-custodial digital wallet provided by us (a “Bloom Wallet”) or third parties (a “Third-Party Wallet”), which must be compatible with the Solana network and the Services (each referred to as a “Digital Wallet”). We may display a list of supported wallets on our Website. Connecting a Digital Wallet to the Services is essential for purchasing, storing, and engaging in specific transactions within the Services, such as linking your Game NFTs and BLOOM and Bloomies tokens.

We may not assist you in recovering assets linked to your Digital Wallet since these wallets are non-custodial and under your control. We do not own or manage the assets in your Digital Wallet and accept no liability for your use of a Digital Wallet. We do not guarantee the compatibility of the Services with any particular Digital Wallet. The private keys, credentials, passwords, seed phrases, or secret recovery passphrases necessary to access a Digital Wallet are solely your responsibility.

If you transfer items between Digital Wallets, these transfers will occur on the public blockchain, and we accept no liability for any loss, data corruption, or other negative impacts that may occur during such transfers. We reserve the right to discontinue, modify, or restrict the operation of any Digital Wallet with the Services, with or without notice, at our sole discretion. You represent and warrant that you are the rightful owner of any Digital Wallet and that you are using it under the terms and conditions of the wallet provider.

For Third-Party Wallets, the following additional terms apply: Third-Party Wallets are not associated with, maintained by, controlled by, or affiliated with us. If you experience issues with your Third-Party Wallet, please contact the provider. You represent and warrant that you are the rightful owner of any Third-Party Wallet and that you are using it under the provider’s terms and conditions. If you use a Bloom Wallet provided by us, its use will also be governed by the terms of use for the Bloom Wallet found in Appendix A of these Terms. Promotional Codes. We may offer various promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) redeemable for discounts on future Offerings or other features or benefits related to the Services, subject to any additional terms we establish.

You agree that Promotional Codes: (a) must be used lawfully; (b) are intended for the specific audience and purpose; (c) cannot be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise) unless expressly permitted by us; (d) may be disabled or have additional conditions applied by us at any time without liability; (e) may only be used according to the specific terms we establish; (f) are not valid for cash or other credits or points; and (g) may expire before use.

Changes and Pricing. We may revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings sold by us at any time, and correct any pricing errors (and cancel any orders purchased with such errors). Such changes are effective immediately upon posting the new prices to the Services.

While we strive for accuracy in our Offerings descriptions, we do not guarantee that they are accurate, complete, reliable, current, or error-free. The availability of any Offering for purchase at a particular time does not guarantee its availability at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time. Purchases Made for Consumptive Use.

You affirm that you acquire Offerings, whether through the Marketplace or otherwise, for use within the Services and, in the case of Game NFTs, to play the Game or for collectible purposes, not for investment or speculation. Any economic benefit from the appreciation in value of an Offering or Game NFT is incidental to its use in connection with the Services or its collectible purpose.

ALL SALES FINAL. ALL PURCHASES MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR REGULATION (AND IN SUCH INSTANCES WHERE REQUIRED BY APPLICABLE LAW, OUR ABILITY TO ISSUE ANY REFUND IS LIMITED TO WHETHER THE APPLICABLE SMART CONTRACT ENABLES US TO REASONABLY REVERSE OR CANCEL A TRANSACTION). YOU ACKNOWLEDGE THAT WE CANNOT REVERSE OR CANCEL MOST TRANSACTIONS AND ARE NOT OBLIGATED TO PROVIDE A REFUND FOR ANY PURCHASE, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR TIME, ITEMS, AMOUNTS, OR VALUES IN A GAME ACCOUNT (INCLUDING UNUSED OR PARTIALLY USED MEMBERSHIP TIME), EVEN IF AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY.

Access of our Privacy policy and other terms

Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://bloomverse.io/privacy-policy.

Other Terms. In connection with your use of the Services, you also agree to abide by the following other Services-related policies: our Discord Rules and our Community Guidelines (as presented to you if you join our Discord channel) and the Terms of Service applicable to the BLOOM DAO.

Game NFTs.

When you acquire a Game NFT, you own the NFT as a digital token on the blockchain, but this does not grant you any intellectual property rights to the associated Bloom audiovisual materials, artwork, images for Game Items, or other content related to the Services (“Content”) beyond the specific licenses detailed herein.

Upon acquiring a Game NFT, provided you adhere to these Terms, the Company grants you a worldwide, non-exclusive, non-transferable, royalty-free license to utilize, copy, and showcase the Content linked to that particular Game NFT, exclusively for the following uses:

(a) for your personal, non-commercial, and non-profit purposes within or associated with the Services and in accordance with these Terms and other relevant policies (e.g., not for creating and selling related merchandise);

(b) as part of the Marketplace or any other marketplace that allows for the trading of Game NFTs, as long as the marketplace confirms through cryptographic means that only the current owner can exhibit the Content for the sale of the Game NFT; or

(c) as part of a third-party platform or app that supports the display, inclusion, or interaction with your Game NFT, provided that the platform/app verifies each NFT’s ownership to ensure only the owner can display the Content and that the Content disappears when the Game NFT owner leaves the platform/app. This license is valid only as long as you remain the owner of the Game NFT. If you transfer or sell the Game NFT, the license will be transferred to the new owner. All rights not explicitly granted are reserved.

Restrictions On Your Use of the Services. You must not, nor help others to, engage in the following activities unless explicitly permitted by applicable laws or with our written consent:

Download, alter, copy, distribute, transmit, translate, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or other materials or information obtained from or through the Services, except as allowed by Section 3.3(b) above;
Duplicate, decompile, reverse engineer, disassemble, decode, or derive source code from the Services (including any underlying concepts or algorithms), unless permitted under an open-source license we provide;
Use, reproduce, or remove any copyrights, trademarks, service marks, trade names, slogans, logos, images, or other proprietary symbols shown by the Company on or through the Services, including for promoting or selling third-party products or services, except as permitted by Section 3.3(b) above;
Use, offer, promote, advertise, make available, and/or distribute the following or assist in these activities:
- Cheats (e.g., methods not authorized by the Company to unfairly influence gameplay, including exploiting game bugs for advantages),
- Automation software (bots) (i.e., any code/software not authorized by the Company for automated game control or Service features),
- Hacks (i.e., unauthorized access or modifications to the Services),
- Unauthorized mods, or
- Any unapproved code/software, including third-party programs, affecting gameplay or Services features;
Engage in manipulative activities affecting asset prices on the Marketplace, such as spoofing or wash trading;
Use the Services in a manner that could disable, overload, damage, disrupt, or impair the Services, or interfere with others’ access to or use of the Services;
Attempt to gain unauthorized access to, or disrupt, damage, or interfere with the Services, user accounts, or the underlying computer systems or networks;
Bypass, remove, alter, or degrade any technological measures or protections of the Services;
Use unauthorized tools or processes to monitor, extract, or collect information from the Services, unless specifically allowed by the Company;
Exploit design flaws, undocumented issues, or bugs in the Services, including creating or using items from such exploits;
Provide or develop matchmaking services for the Games or interfere with Company’s communication protocols;
Create or maintain unauthorized connections to the Services, such as unauthorized servers or third-party tools;
Share your account information or game session with others;
Sell, sublicense, rent, lease, or transfer any part of the Services or your rights to them without explicit authorization;
Introduce malicious materials like viruses into our systems;
Use the Services for illegal, unethical, or disruptive purposes, including actions that harm other players’ experiences or disrupt the Services;
Infringe upon third-party rights or privacy, including intellectual property rights;
Violate applicable laws or regulations while using the Services; or
Access or use the Services in ways not permitted by these Terms.

Use of the Services.

You are responsible for providing the necessary equipment, services, and connections for accessing and using the Services. We do not guarantee that the Services will be accessible on any particular device or service plan or that the Services will be available in all geographic locations.

Monitoring.

WHILE OPERATING, THE SERVICES (INCLUDING THE GAME) AND COMPANY MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE FOR UNAUTHORIZED THIRD-PARTY PROGRAMS RUNNING WITH OR SEPARATE FROM A GAME. AN “UNAUTHORIZED THIRD-PARTY PROGRAM” IS ANY SOFTWARE PROHIBITED BY THE “RESTRICTIONS ON YOUR USE OF THE SERVICES” SECTION ABOVE. IF DETECTED, THE SERVICES MAY REPORT INFORMATION TO THE COMPANY, INCLUDING YOUR ACCOUNT NAME, WALLET ADDRESS, DETAILS ABOUT THE PROGRAM, AND THE TIME OF DETECTION, AND THE COMPANY MAY ENFORCE ITS RIGHTS UNDER THESE TERMS WITH OR WITHOUT NOTICE TO YOU.

The Services may also include a tool to forward crash data to the Company, and by accepting these Terms, you consent to this data collection.

If the Services detect Unauthorized Third-Party Programs, your access to the Services may be terminated with or without prior notice.

OWNERSHIP AND CONTENT

Ownership of the Services.

The Services, encompassing their “look and feel” (such as text, graphics, user interfaces, design, images, logos, icons, and software), Content (including Game-related audiovisual materials and artwork), data, information, and other assets, are safeguarded by copyright, trademark, and other intellectual property laws. You acknowledge that the Company and/or its licensors hold all rights, titles, and interests in the Services (including all intellectual property rights therein), and you agree not to act in ways that conflict with these ownership rights. We and our licensors maintain all rights related to the Services and its content (excluding Your Content, defined below), including, but not limited to, the exclusive right to create derivative works. All rights granted to you under these Terms are given only as a license and not as a sale, and all such rights are constrained by and subject to these Terms. No additional rights or licenses are conveyed by these Terms, and no rights or licenses will be implied or created beyond what is explicitly stated here. Any sublicensing that does not comply with these Terms will be considered invalid.

Ownership of Trademarks.

The Company’s name, “BLOOM,” and the Company’s unique “BLOOM” and “B” logos, along with all associated names, logos, product and service names, designs, and slogans, are trademarks owned by the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans displayed on the Services belong to their respective owners, who may or may not be connected to or sponsored by us. No rights or licenses are granted under these Terms for any trademarks, service marks, trade names, or logos related to Bloom, including, without limitation, the Company’s name, BLOOM, and the associated logos (referred to as the “Bloom Marks”). Any use of the Bloom Marks benefits solely the Company. You agree not to engage in actions that could harm, dilute, or challenge the validity of the Bloom Marks or create confusion among consumers or diminish any goodwill associated with the Bloom Marks.

Feedback.

We appreciate receiving feedback, bug reports, comments, and suggestions for Service improvements, but we request that you do not send us creative ideas, designs, pitch materials, or similar unsolicited content (“Unsolicited Ideas”). We might be developing or have developed ideas independently or received ideas from others that might be coincidentally similar to Unsolicited Ideas. If you disregard this policy and provide us with Unsolicited Ideas, you grant the Company a non-exclusive, global, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license for all intellectual property rights you control. This license allows us to use, copy, modify, create derivative works from, manufacture, sell, offer for sale, import, and otherwise exploit your Unsolicited Ideas in any manner or medium known or hereafter discovered, without providing you any compensation.

Your Content License Grant.

When using the Services, you may upload or submit content for inclusion through the Services (“Your Content”), which could include user profiles, comments, avatars, guild names, sound files, images, music files, game assets, and other user-generated content. To operate the Services, we require certain license rights to Your Content to avoid legal issues. By using the Services and uploading Your Content, you grant us the right to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes like making content viewable on various devices) Your Content. These rights are royalty-free, transferable, sub-licensable, global, and irrevocable (as long as Your Content is stored with us) and include the right for us to share Your Content with others in relation to providing the Services, and to disclose Your Content if legally required. You agree that other Service users can comment on, tag, or use Your Content as part of their Service activities unless the content is posted privately. By submitting Your Content, you affirm that you have all necessary rights and permissions to grant these rights. Your Content must not infringe on copyright or proprietary rights unless you have the required permissions.

Notice of Infringement – DMCA Policy

If you believe that any text, graphics, photos, audio, videos, or other materials on the Services infringe on your copyrights, you can notify our copyright agent under 17 U.S.C. § 512(c) of the DMCA by providing the following:

A description of the copyrighted work claimed to be infringed;
A description of the infringing material and its location on the Services;
Your contact information, including address, phone number, and email;
A statement that you believe in good faith that the use of the material is unauthorized;
A statement that the information provided is accurate and that you are the copyright owner or authorized representative; and
Your physical or electronic signature.

Send infringement notices to our email legal@bloomverse.io We may disable or terminate accounts of users who repeatedly infringe copyrights or intellectual property rights.

THIRD-PARTY SERVICES AND MATERIALS

Inclusion of Third-Party Content in the Services. Some aspects of the Services might feature or provide access to content, data, information, applications, or materials from third-party sources (“Third-Party Content”) or link to external websites. By using the Services, you recognize and accept that the Company is not responsible for reviewing or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright adherence, legality, propriety, or quality of such Third-Party Content or external sites. We do not endorse, guarantee, or accept any responsibility for any third-party services, Third-Party Content, or external websites, or for any products or services provided by third parties. These Third-Party Content and external links are offered merely for your convenience.

SOFTWARE UPDATES AND PATCHES

The Company (or an agent on the Company’s behalf) may release or provide patches, updates, and modifications to the Services that you need to install to continue using the Services. The Company may update the Services remotely, including any part of the Services on your device or game machine, without your prior notice or consent, and you grant the Company permission to deploy and apply such updates, patches, and modifications at the Company’s sole discretion. You also agree that the Company may alter, adjust, suspend, “nerf,” “buff,” discontinue, or limit your access to any features or elements (including but not limited to Game Items, ships, structures, resources, regions, factions, or lore) of the Services at any time without prior notice or liability.

TERMINATION OF TERMS

You acknowledge and agree that the Company has the sole discretion to (i) cease offering support for or access to the Services at any time, for any reason or no reason, and (ii) revoke your right to use the Services and terminate these Terms immediately at any time without notice or liability. Upon termination of these Terms or your rights or licenses granted hereunder, you must (i) stop using the Services; (ii) promptly and permanently delete all elements of the Services from all your devices. All licenses granted under these Terms will terminate immediately upon termination.

Disclaimers; limitations of liability; indemnification

disclaimers.

accessing and using the services is at your own risk. you acknowledge and agree that the services are provided to you on an “as is” and “as available” basis. to the fullest extent allowed by applicable law, the company, its affiliates, partners, officers, directors, employees, agents, and licensors (collectively, the “company parties”) disclaim all warranties and conditions, whether express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. the company parties do not warrant or make any representations about: (a) the completeness, accuracy, availability, or security of the services; (b) any damage to your computer system, data loss, or other issues from accessing or using the services; (c) the compatibility of the services with other applications or systems; (d) whether the services will meet your needs or be available without interruption, secure, or free from errors; and (e) the deletion or failure to store your content, data, or communications on the services. no advice or information obtained from the company parties will create any warranty or representation not explicitly stated here. for clarity, we have no control over and make no promises regarding the solana blockchain or the execution of smart contracts and transactions on it.

limitations of liability.

to the fullest extent permitted by law, you agree that the company parties will not be liable for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to, obtaining substitute goods or services, loss of data, business interruptions, or other damages related to your use or inability to use the services), regardless of the cause or legal theory, even if the company parties have been advised of the possibility of such damages. some jurisdictions, such as new jersey, do not permit the exclusion of certain damages, so this limitation might not apply to you if you are from those areas. the maximum liability of the company parties for any damages will not exceed the greater of (i) the amount you paid the company in the past six months for the services or (ii) $100 usd. these limits apply even if the stated remedy fails of its essential purpose.

indemnification. by agreeing to these terms and using the services, you agree to defend, indemnify, and hold harmless the company parties from any claims, costs, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your breach of these terms or any applicable laws; (b) infringement of third-party rights; (c) your use of the services; (d) your content; (e) your user service; or (f) your negligence or intentional misconduct.

assumption of risks.

you understand and accept that there are risks with buying and holding nfts and using blockchain technology. these risks include, but are not limited to, losing access to nfts due to loss of security credentials, errors in nft transactions, smart contract failures, blockchain attacks, hacking, regulatory changes, and other unanticipated risks. you confirm that you have enough information to make an informed decision about purchasing a game nft, including reviewing the smart contract code and understanding the nft’s functions. the regulatory environment for blockchain and cryptocurrencies is unpredictable and could impact the development of the services and the value of your game nfts. changes to blockchain networks or transaction confirmation processes may also have unforeseen negative effects on your game nfts.

taxes.

you are responsible for paying any sales, use, value-added, and other taxes related to your use of the services. except for our income taxes, you: (a) will handle any tax obligations resulting from your use of the services; (b) will pay or reimburse the company for all taxes and fees, including value-added taxes, required by any jurisdiction; and (c) will not deduct any taxes or fees from payments made to us under these terms. the company does not provide tax advice, and you are responsible for understanding what taxes may apply to your interactions with the services.

force majeure.

we will not be liable for any failure or delay in performing our obligations under these terms due to events beyond our control, including but not limited to natural disasters, pandemics, wars, civil unrest, government actions, or other similar events that prevent us from fulfilling our obligations.