LAST UPDATED: July 2022

TSB Gaming Limited and its affiliates (“TSB,” “we,” or “us”) want you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through:

Websites operated by us from which you are accessing this Privacy Policy (the “Websites”);

HTML-formatted email messages that we send to you that link to this Privacy Policy or other communications with you; and
Offline business interactions you have with us.
Collectively, we refer to the Websites, emails, and offline business interactions as the “Services.”


PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. The Services collect Personal Information, including:

Name
Email address
Username and password
Crypto wallet address, including related data used to detect cryptocurrency and NFT holdings
Social media handle
IP address (we may also derive your approximate location from your IP address)
In-game activity, such as lands visited or acquired, quests and games completed, NFT transactions, and avatars created
Collection of Personal Information

We and our service providers collect Personal Information in a variety of ways, including:

Through the Services.
We collect Personal Information through the Services, for example, when you register an account to access the Services, complete a survey, contact customer support, or make a purchase on our online marketplace.
From Other Sources.
We receive your Personal Information from other sources, for example, crypto wallet providers, when they share the information with us.
We need to collect Personal Information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information

We and our service providers use Personal Information for the following purposes:

Providing the functionality of the Services and fulfilling your requests.
To provide the Services’ functionality to you, such as arranging access to your registered account, completing your transactions, and providing you with related benefits, special promotions, or customer service.
To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our Services.
To send administrative information to you, such as changes to our terms, conditions, and policies.
To allow you to send messages to another person through the Services if you choose to do so.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

Providing you with our marketing materials and facilitating social sharing.
To send you marketing related emails, with information about our services, new products and other news about our company.
To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent or where we have a legitimate interest.

Analyzing Personal Information for business reporting and providing personalized services.
To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.

Allowing you to participate in sweepstakes, contests or other promotions.
We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.
Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.
We use this information to manage our contractual relationship with you.

Aggregating and/or anonymizing Personal Information.
We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
Accomplishing our business purposes.
For data analysis, for example, to improve the efficiency and quality of our Services;
Debug, identify and repair errors that impair the intended functionality of our Services;
For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;
For fraud prevention and fraud security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
For developing new products and services;
For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;
For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.

Disclosure of Personal Information

We disclose Personal Information:

To our affiliates (including subsidiaries) for the purposes described in this Privacy Policy.
Those affiliates are: Bacasable UK Ltd. (United Kingdom), Sviper GmbH (Germany), The Sandbox U.S. Inc. (United States), Cualit Eng. Ltd. (Uruguay), TSB Gaming Argentina SA. (Argentina), TSBMV Global Limited (Cayman), Bacasable France S.A.S. (France), Sandbox Development Canada Inc. (Canada), TSB Korea Inc. (Korea).
To our third party service providers, to facilitate services they provide to us.
These can include providers of services such as website hosting, data analysis, fraud prevention, information technology and related infrastructure provision, customer service or related benefits, email delivery, auditing, and other services.
To third party sponsors of sweepstakes, contests, and similar promotions.
By using the Services, you may elect to disclose Personal Information.
While playing the game, on message boards, chat, profile pages, and other services to which you are able to post information and content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
Other Uses and Disclosures

We also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:

To comply with applicable law and regulations.
This may include laws outside your country of residence.
To cooperate with public and government authorities.
To respond to a request or to provide information we believe is necessary or appropriate.
These can include authorities outside your country of residence.
To cooperate with law enforcement.
For example, when we respond to law enforcement requests and orders or provide information we believe is important.
For other legal reasons.
To enforce our terms and conditions; and
To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
In connection with a sale or business transaction.
We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:

Browser and device information
Information collected through cookies, pixel tags and other technologies
Demographic information and other information provided by you that does not reveal your specific identity
Information that has been aggregated in a manner such that it no longer reveals your specific identity
Collection of Other Information

We and our service providers may collect Other Information in a variety of ways, including:

Your browser or device.
Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
Cookies.
Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, mouse clicks, page scrolls, keystrokes and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html . If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
Pixel tags and other similar technologies.
Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
Analytics. We use third party analytics service providers, including Google Analytics, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. These analytics services may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/ , and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout .
Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out by clicking the unsubscribe link in such email.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing related emails from us, we may still send you important administrative messages, from which you cannot opt out.

How you can access, change, or delete your Personal Information

If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law. In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.

JURISDICTION AND CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

ADDITIONAL INFORMATION REGARDING THE EEA AND THE UK: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these “specified countries” is available at: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en . The UK recognizes the EEA and the specified countries as providing an adequate level of data protection according to UK standards. For transfers from the EEA or the UK to countries not considered adequate by the European Commission or the UK government (as applicable), we have put in place adequate measures, such as standard contractual clauses adopted by the relevant authority to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with the “Contact Us” section below.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services or otherwise to us.

THIRD PARTY PAYMENT SERVICE

The Services may provide functionality allowing you to make payments to TSB Gaming using third-party payment services with which you have created your own account. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.

CONTACTING US

TSB Gaming Limited, located at Ground Floor, Church Street, St. Julians, STJ 3049, Malta, is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us at [privacy@sandbox.game], or TSB Gaming Limited, Ground Floor, Church Street, St. Julians, STJ 3049, Malta.

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

ADDITIONAL INFORMATION REGARDING THE EEA AND THE UK

You may lodge a complaint with a data protection authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs. A list of European Economic Area (EEA) data protection authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en . Information regarding the UK data protection authority is available here:

ADDITIONAL INFORMATION REGARDING CALIFORNIA

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of Personal Information that we collect, use, and disclose about California residents. This section does not apply to our job applicants, employees, contractors, owners, directors, or officers where the Personal Information we collect about those individuals relates to their current, former, or potential role with us.

Collection and Disclosure of Personal Information

The following chart details which categories of Personal Information about California residents we plan to collect, as well as which categories of Personal Information we have collected and disclosed for our operational business purposes in the preceding 12 months.

Categories of Personal Information

Disclosed to Which Categories of Third Parties for Operational Business Purposes

Identifiers, such as username, contact information, IP address and other online identifiers

Affiliates; service providers; business partners; joint marketing partners; contest sponsors; legal authorities

Personal information as defined in the California customer records law, such as name and contact information

Affiliates; service providers; business partners; joint marketing partners; contest sponsors; legal authorities

Commercial Information, such as transaction information and purchase history

Affiliates; service providers; business partners; joint marketing partners; contest sponsors; legal authorities

Internet or network activity information, such as interactions with our online properties

Affiliates; service providers; business partners; joint marketing partners; contest sponsors; legal authorities

Geolocation Data, such as approximate location derived from IP address

Affiliates; service providers; business partners; joint marketing partners; contest sponsors; legal authorities

Audio/Video Data. Audio, electronic, and similar information

Affiliates; service providers; business partners; joint marketing partners; contest sponsors; legal authorities

We do not “sell” and have not “sold” Personal Information for purposes of the CCPA in the last 12 months. For example, and without limiting the foregoing, we do not sell the Personal Information of minors under 16 years of age.

Sources of Personal Information

As described above, we collect these categories of Personal Information from you and from crypto wallet providers, when they share the information with us.

Use of Personal Information

As described above, we use these categories of Personal Information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including using Personal Information to:

Fulfill your requests and respond to your inquiries;
Develop, improve, repair, provide and maintain our products and services;
Personalize, advertise, and market our products and services;
Conduct research, analytics, data analysis, data aggregation, and data anonymization;
Maintain our property and our records, and undertake quality and safety assurance measures;
Conduct risk and security control and monitoring, and detect and prevent fraud;
Perform identity verification, accounting, audit, and other internal functions, such as internal investigations and record-keeping;
Carry out corporate transactions, such as mergers, joint ventures or acquisitions; and
Comply with law, legal process, and internal policies, and exercise and defend legal claims.
Individual Rights and Requests

If you are a California resident, you may request that we:

Disclose to you the following information covering the 12 months preceding your request:
The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
The specific pieces of Personal Information we collected about you;
The business or commercial purpose for collecting (if applicable) Personal Information about you; and
The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
Delete Personal Information we collected from you.
To make a request for the disclosures or deletion described above, please contact us at privacy@sandbox.game. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as email address or wallet address, in order to verify your identity (via email PIN confirmation) to protect against fraudulent requests. If you make a deletion request, we may ask you to confirm your request before we delete your Personal Information.

You have the right to be free from unlawful discriminatory treatment for exercising your rights under the CCPA.

Authorized Agents

If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent, which may include:

Proof of your registration with the California Secretary of State to conduct business in California;
Proof of a power of attorney from the resident pursuant to Probate Code sections 4121-4130;
Signed permission that the resident has authorized you to make a request on the resident’s behalf.
If you are an authorized agent and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to:

Verify the resident’s own identity directly with us; or
Directly confirm with us that the resident provided you permission to make the request.

Last updated: Jul 29, 2022

These Sandbox Terms of Use (the “Terms”) set forth the terms and conditions under which BACASABLE Global Limited, a company incorporated in Hong Kong, including its subsidiaries and affiliates (collectively, “TSB”, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to any of your activity in The Sandbox, a decentralized, community-driven platform created and owned by TSB (“The Sandbox”). These Terms govern your access to, use of, and interaction with The Sandbox, including any content, functionality, and services offered on or through The Sandbox and your creation of any Assets and/or Games (defined below) (collectively, the “Services”).

Please read these Terms carefully before you start to use The Sandbox. By using The Sandbox, you accept and agree to be bound and abide by these Terms, the extra Terms of Use which can be found at URL: https://www.sandbox.game/en/premium-nft-terms-of-use/ and our Privacy Policy, which can be found at the following URL: Privacy Policy, you must not access or use The Sandbox.

The Sandbox is offered and available to users who are 18 years of age or older. By accessing or using The Sandbox, you represent and warrant that you are of legal age to form a binding contract with TSB and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use The Sandbox.

THE SANDBOX
The Sandbox enables users such as you to create, buy, transfer, and trade unique digital game assets in voxel art (each, an “Asset” and together, the “Assets”), which can then be used on The Sandbox for game-making purposes. The Sandbox further enables users such as you to purchase and publish onto LANDs parcels in The Sandbox within which you can create Assets and visual scripting using The Sandbox Game Maker, which creates an interactive experience built for, and published on, The Sandbox (each, a “Game”). A Game may be made available to users of The Sandbox and you will control the pricing and business model (free, free-2-play or premium) of the Game.

By utilizing our Services, you affirm that you are aware and acknowledge that TSB is a non-custodial provider of software services that has developed and distributed The Sandbox where the Services occur without any involvement or actions taken by TSB or any third-party.

ASSET & GAME CREATION
You may create, upload, and exchange Assets and create Games that comply with these Terms, including the following requirements:

Assets are created in VoxEdit. Games are created with The Sandbox Game Maker.
Assets and Games must comply with the Metadata Specifications (defined and included below).
Assets must be unique. Any Assets that exhibit obvious visual similarities to a pre-existing Asset will be removed from The Sandbox. TSB retains the right to moderate and review Assets for copyright infringement and to remove Assets from The Sandbox that violate these Terms.
Assets and Games must not be pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal, as will be determined by TSB in its sole discretion.
To reiterate, each new Asset must be different enough from all existing Assets. If variations are not allowed, which is the default, no Asset should look like, or be similar to, another Asset even if they differ in size and/or color. New Assets being sufficiently different from existing Assets will be determined in the sole discretion of TSB.
By uploading an Asset to The Sandbox, you agree never to publish the Asset elsewhere.
You are solely responsible for ensuring that any Assets you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights.
You agree that any information included in your Assets and/or Games may be used in accordance with our Privacy Policy.
TSB always has the right, in its sole discretion, to accept or reject any Assets and/or Games.
LANDS
You may purchase Lands within The Sandbox. Within your Land, you may edit your Metadata to adjust title, description, URL link, preview image, and logo. All Metadata (and any URL, images, or logos to which it links or that are uploaded) must comply with these Terms and specifically cannot link to or contain any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal. We reserve the right to moderate and/or delete any Metadata that does not comply with these Terms.

SALE OF ASSETS AND GAMES; PAYMENT
You may make your Asset eligible to be sold in The Sandbox marketplace. You and TSB shall mutually agree on the price for the Asset in The Sandbox marketplace. You will control the scarcity of the Asset in The Sandbox marketplace. Any revenue earned in The Sandbox marketplace for sales of the Asset, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your Asset. A Game may be made available for sale to users of The Sandbox and you will control the pricing and business model (free, free-2-play or premium) of the Game. Any revenue earned in The Sandbox marketplace for sales of a Game, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your Game.

If you elect to purchase and/or sell Assets and/or Games on The Sandbox, any financial transactions that you engage in will be conducted solely through the Ethereum network via MetaMask (or other Ethereum-compatible wallets and browsers). TSB has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, TSB will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in on The Sandbox.

Each sales transaction that occurs in The Sandbox will be subject to a fee payable by the purchaser to TSB. Such fee will be automatically applied as part of the sales transaction.

As between you and TSB, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on TSB’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of The Sandbox (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or creation of any Assets and/or Games).

OWNERSHIP OF TSB CONTENT
By using the Services, you will encounter “TSB Content”, which includes all of the images, text, information, data, audio, video, graphics and other material included on, or otherwise made available through the Services, excluding your Assets and/or Games. Except as otherwise set forth in these Terms, we do not claim ownership over your Assets and/or Games.

All TSB Content is owned by TSB or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and TSB and its licensors, TSB or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all TSB Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of TSB or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any TSB Content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of TSB or any third party. We reserve all rights not expressly granted to you in these Terms.

We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or TSB Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or TSB Content without express prior written permission from us or the applicable rights holder is strictly prohibited.

All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to TSB or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that TSB may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.

OWNERSHIP OF ASSETS AND GAMES
During the operation of the Services, you may upload certain Assets and Games that you have created to The Sandbox in accordance with these Terms. Except as otherwise set forth in these Terms, you remain the owner of your Assets and Games at all times, and TSB does not claim any ownership rights in your Assets and Games. Assets and Games are otherwise subject to the following provisions. These Terms apply to all Assets and Games that you contribute to The Sandbox or to any TSB website.

You are solely responsible for ensuring that any Assets and Games you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your Assets and Games may be used in accordance with our Privacy Policy. TSB always has the right, in its sole discretion, to accept or reject any Assets and/or Games.

By using the Services, you grant TSB a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and license to use, reproduce, publicly display, distribute and adapt the publicly shared Assets and Games for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly shared Assets and Games. You further grant TSB the right to use your name and trademarks, if any, in connection with our use of your publicly shared Assets and Games.

You may make your Assets and Games available for purchase in The Sandbox. Each Asset is a non-fungible token (a “NFT”) on the blockchain. When you upload an Asset and make it available for sale in The Sandbox marketplace, you retain ownership of all intellectual property rights associated with such Asset but you agree to make a certain number of the Assets available for sale as NFTs. End users who purchase the Asset own that underlying, purchased NFT completely and have the right to sell, trade, donate, give away, transfer, or otherwise dispose of the NFT as they see fit; provided, however, that each Asset will be tokenized so that it will have provable scarcity and proof of ownership.

If you make your Assets and Games available to other users hereunder, you acknowledge and accept that such Assets and Games (i) may be made available for purchase in The Sandbox; (ii) can be downloaded from a third party application or website operated by TSB; and (iii) that the purchase of such Assets and Games is governed by these Terms.

TSB attempts to make sure that all Assets and Games uploaded to The Sandbox are uploaded and made available for sale by their original creator, but TSB is not liable if another user breaches any of our terms and conditions (including these Terms) and/or creates Assets or Games of which they are not the original creator.

If you purchase an Asset in The Sandbox, please be aware that the creator of the Asset retains copyright to the Asset, which means you cannot use the Asset for commercial purposes of any kind; provided, however, that you do acquire the right to display and resell the Asset.

USER CONTENT
1.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 1.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

1.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

1.3 Acceptable Use Policy.The following terms constitute our “Acceptable Use Policy”:

(3.a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(3.b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
1.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section Error! Reference source not found., and/or reporting you to law enforcement authorities.

1.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

REPRESENTATIONS AND WARRANTIES
You warrant and represent that: (a) you own or otherwise control all of the rights to your Assets and Games; (b) the Assets and/or Games are your original creations and are solely the result of your artistic effort; (c) the Assets and/or Games are free and clear of liens or encumbrances from any source whatsoever; (d) you know of no adverse claims to the Assets and/or Games; (e) you have secured or will have secured prior to submitting the Assets and/or Games to TSB, any and all necessary rights, clearances and/or licenses with respect to the Assets and/or Games, and any other materials and elements embodied in or used in connection with the Services; (f) none of the Services and/or other materials provided, created, produced, compiled, developed or otherwise supplied hereunder, shall violate or infringe upon the copyright, trademark, privacy, creative or other rights of any person, firm, corporation or other third party by reason of distribution, exhibition or other use; (g) any Asset and/or Game you upload to The Sandbox or any information incorporated into your Land profile is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (h) you have not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.

FEEDBACK
We appreciate your feedback and suggestions about our Services and you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.

RIGHT TO MONITOR, MODERATE, OR REMOVE
You agree that you bear all risks associated with your Assets and Games. You are solely responsible for safeguarding your Assets and Games, and TSB has no duty to store copies of Assets and Games for future availability to you or any user except as otherwise provided under these Terms. TSB does not permit the infringement of intellectual property rights on the Services, and will remove Assets and/or Games from the Services if properly notified that such Assets and/or Games infringe on another’s intellectual property rights. We reserve the right to remove Assets and Games from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a user pursuant to these Terms, we reserve the right to terminate the account of any user of the Services who has been notified of infringing activity and/or has had Assets and/or Games removed from the Service. We also reserve the right to decide whether Assets and/or Games are appropriate and comply with these Terms for violations other than violations of intellectual property law. This shall extend to the right of TSB to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your Assets and/or Games in any manner that we may determine, whenever we deem it appropriate.

INDEMNIFICATION
(a) You agree to indemnify and hold TSB, its directors, officers and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of (i) a breach of any representation, warranty or covenant hereunder, (ii) any exhibition, presentation, distribution or exploitation of your Assets and/or Games or any rights therein, and (iii) the negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing. (b) You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Assets and Games under these Terms and/or your relationship with TSB. (c) You agree to notify TSB promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Assets, your Games, or your obligations hereunder. (d) The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with TSB.

RESTRICTIONS AND OBLIGATIONS
It is important to TSB that the Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not use the Services to:

Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, TSB Content, Assets, and Games, except as permitted by these Terms;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
Transmit any material or content that is inappropriate for families or otherwise suitable only for adults;
Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or TSB’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or TSB’s computer or networking systems;
Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); and/or
Otherwise use the Services for purposes other than those for which they were designed.
Engage in activity which operates to defraud TSB, TSB users, or any other person.
Engage in gambling, casino-style games, or games of chance.
DISCLAIMERS; LIMITATION OF LIABILITY
NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY TSB ON AN “AS IS” AND “AS AVAILABLE” BASIS. TSB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, TSB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSB DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TSB WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, TSB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

MODIFYING AND TERMINATING THE SERVICE
At any time and without notice, TSB reserves the right to modify or stop offering all or part of the Services. TSB may, in its sole discretion and at any time, refuse anyone who requests access to The Sandbox, terminate your rights to create and/or upload Assets and Games, and/or block or prevent your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your Assets and Games in accordance with these Terms.

OTHER WEBSITES AND SERVICES
The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by TSB. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. TSB may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. TSB may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

GOVERNING LAW; FORUM
The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of Hong Kong, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of Hong Kong and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.

AMENDMENT
TSB reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.

ASSET AND METADATA SPECIFICATIONS
“name” MUST NOT be empty
“name” MUST be 255 length at max
“name” MUST NOT be obscene or have racist connotations
“description” MUST NOT be empty
“description” MUST be 1024 length at max
“description” MUST NOT be obscene or have racist connotations
“image” MUST BE a valid IPFS URL linking to an image of format png / gif / jpeg / webp
The image must exist on the IPFS network at the time (or in the next hour) of the minting event
The file linked must be a true representation of the voxel Asset and should not mislead the viewer.
“creator” MUST be equal to the creator defined via the Asset smart contract
“classification” MUST be either ++TODO++
The graphical representation must fit the type. A house for example MUST NOT be registered as an “avatar_body_part” type
“biome_restriction” CAN be set to one biome type where the asset is only allowed to be present (does not apply to asset_type==”avatar_body_part”)
“category” MUST be set to one of
Animal
Building
City
Decoration
Element
Event
Furniture
Landscape
Machine
Magic
Material
Mineral
Money
Plant
Sports
Statue
Technology
Tool
Vehicle
Weapon
“tags” CAN be set to an array of string value categorizing the Asset in various ways
Any of the string value present in “tags” MUST NOT be obscene or have racist connotations
“attributes” must be defined : TODO
“vxc.url” MUST be a valid IPFS URL linking to a voxel asset of format VXC
The vxc file must exist on the IPFS network at the time (or in the next hour) of the minting event
The voxel asset MUST NOT be obscene or have racist connotations
“vxc.height” MUST equal to the voxel height of the asset linked at vxc.url
“vxc.width” MUST equal to the voxel width of the asset linked at vxc.url
“vxc.depth” MUST equal to the voxel depth of the asset linked at vxc.url
“vxc.num_voxels” MUST equal to the number of voxel used in the asset linked at vxc.url
“vxc.size” MUST equal to the size in bytes of the asset linked at vxc.url
“vxc.num_animations” MUST equal to the number of animations defined in the asset linked at vxc.url
“gltf.url” ” MUST be a valid IPFS url linking to a voxel asset of format GLTF
The gltf file must exist on the IPFS network at the time (or in the next hour) of the minting event
The gltf 3d representation must be a true representation of the voxel Asset and should not mislead the viewer.
“gltf.size” MUST equal to the size in bytes of the asset linked at gltf.url
“sandbox_policy” MUST be equal to the IPFS url generated from that policy content
“use_policy” MUST be a valid IPFS url linking to a policy file describing the valid uses authorized by the creator for the owner
“variations_policy” MUST be a valid IPFS url linking to a policy file describing what variations of the asset linked are allowed.
Such field is optional, if not present, no variations are allowed. If the Asset linked is itself a variations, the “variations_policy of the original Assets takes precedence”
“original_assets” MUST be a list of ids of existing Assets from which the Asset linked is a variation.
Variations need to abide by the rules of the variations policy of these original assets.
They must respect the variations restriction set in the respective “variations_policy”
“sandbox_version” MUST be equal to 1
“sandbox_creator_profile_url” MUST be equal to “https://sandbox.game/creator/creator address” where creator address is the ethereum address of the creator
“sandbox_asset_url” MUST be equal to “https://sandbox.game/asset/tokenID” where tokenID is the id of the Asset as generated by the smart contract
“sketchfab_url” MUST be a link referring to a 3d representation of the voxel asset on sketchfab.
The 3d representation must be a true representation of the voxel Asset and should not mislead the viewer.