LAST UPDATED: November 2022

Welcome to Dex Battle Gaming website , www.dexbattle.comThese Dex Battle Terms of Use (the “Terms”) set forth the terms and conditions under which DB Gaming Ltd, a company incorporated in Turkey and Asia, and its subsidiaries and affiliates (collectively, “DB”, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to any of your activity in The Dex Battle, a decentralized, community-driven platform created and owned by DB (“Dex Battle”). These Terms govern your access to, use of, and interaction with The Dex Battle, including any content, functionality, and services offered on or through The Dex Battle 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 Dex Battle. By using The Dex Battle, you accept and agree to be bound and abide by these Terms, the extra Terms of Use which can be found at Term and our Privacy Policy, which can be found at the following URL: privacy policy, you must not access or use Dex Battle.

Dex Battle is offered and available to users who are of any age. By accessing or using Dex Battle, you represent and warrant that you are of legal age to form a binding contract with DB and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Dex Battle.

Dex Battle

Dex Battle 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 Dex Battle for game-making purposes. Dex Battle further enables users such as you to purchase and publish onto LANDs parcels in Dex Battle within which you can create Assets and visual scripting using Dex Battle Game Maker, which creates an interactive experience built for, and published on, Dex Battle (each, a “Game”). A Game may be made available to users of Dex Battle and you will control the pricing and business model (free, free-2-play or premium) of the Game.

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 Dex Battle Game Maker.
• Assets and Games must not be pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal, as will be determined by DB 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 DB.
• By uploading an Asset to Dex Battle, 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.
• Dex Battle always has the right, in its sole discretion, to accept or reject any Assets and/or Games

You agree that any information included in your Assets and/or Games may be used in accordance with privacy policy

SALE OF ASSETS AND GAMES; PAYMENT

You may make your Asset eligible to be sold in Dex Battle marketplace. You and DB shall mutually agree on the price for the Asset in The Sandbox marketplace. You will control the scarcity of the Asset in The Dex Battle marketplace. Any revenue earned in Dex Battle 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 Dex Battle and you will control the pricing and business model (free, free-2-play or premium) of the Game. Any revenue earned in Dex Battle 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.

OWNERSHIP OF DB CONTENT

By using the Services, you will encounter “DB 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 DB Content is owned by DG or its licensors, and is protected by Turkey and Asia. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and DB and its licensors, DB or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all DB 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.

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.

All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to DB 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 DB 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 Dex Battle 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 DB 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 Dex Battle or to any DB website.

By using the Services, you grant DB 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 DB 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 Dex Battle. Each Asset is a non-fungible token (a “NFT”) on the blockchain. When you upload an Asset and make it available for sale in Dex Battle 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.

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.

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.

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

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;

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 DB 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. DB 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.

INDEMNIFICATION

(a)You agree to indemnify and hold DB, 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 DB.

RESTRICTIONS AND OBLIGATIONS

It is important to DB 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:

• 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 DB’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 DB's computer or networking systems;

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 DB ON AN “AS IS” AND “AS AVAILABLE” BASIS. DB 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.

MODIFYING AND TERMINATING THE SERVICE

At any time and without notice, DB reserves the right to modify or stop offering all or part of the Services. DB may, in its sole discretion and at any time, refuse anyone who requests access to Dex Battle, 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 DB. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services.

GOVERNING LAW

The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of Turkey and Asia, 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 Turkey, Asia and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.

AMENDMENT
DB 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.