Terms and conditions

Welcome and Introduction

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

By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at embersword.com/privacy-policy). You should review our Privacy Policy and these Terms carefully and immediately cease using our products and services if you do not agree to these Terms.

Information contained in this website is current as at the date of publication, and we may modify, suspend or discontinue the website or our services at any time and without notifying you. We note that these terms between you and us do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. In addition, when using some features of our services, you may be subject to specific additional terms and conditions applicable to those features.

Subject Matter

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

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

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

These User Terms apply to all interactions from all Bright Star Studio’s products and services supplementary to external platform specific terms such as Discord, Youtube,Twitch, (X)Twitter etc. We will most likely implement further updates to our terms and policies when we reach further development of our products and services. Besides these User Terms, please find additional information in our whitepaper on our Land Plots, Cosmetic Skins and our EMBER Token. Please also find information on our Badges under the news section of our website.

We may change, update, add or remove provisions of these User Terms from time to time. Any and all modifications or changes to these User Terms will become effective upon publication on our website or release to you. Therefore, your continued use of our services is deemed your acceptance of the modified terms and rules. If you do not agree to any changes to these User Terms, please do not access or use the website or our services.

Definitions

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

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

Game: means the Ember Sword online game.

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

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

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

Mantle (Mintle): Means a layer-2 scaling solution for Digital Assets on the Ethereum blockchain.

Immutable X (IMX) & Polygon: Means a layer-2 scaling solution for Digital Assets on the Ethereum blockchain.

Binding Agreement

On August 15th, 2024,we announced that we would be switching chain platforms from Immutable X (IMX) to Mantle (Mintle). Users who hold Digital Assets on any other chains or marketplaces will need to migrate assets to Mantle (Mintle) prior to playing the game in order to utilize them. When purchasing, selling or trading Digital Assets, completing transactions on the Mantle (Mintle), IMX and/or Ethereum Blockchain, purchasing add-ons in tools or otherwise obtaining rights to or use of Digital Assets, the Site or the App, you automatically agree to these Terms of Use (“Terms”). These Terms constitute the entire legally binding agreement between the buyer of Digital Assets (“you”, “your”), whether personally or on behalf of an entity and Bright Star Studio ApS.

User Registration and Representation

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

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

By accessing, using or clicking on our website and using or attempting to use our services, you represent and warrant that:

(a) as an individual, legal person, or other organization, you have full legal capacity and authority to agree and bind yourself to these Terms;

(b) you are at least 18 or are of legal age to form a binding contract under applicable laws;

(c) your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law, including but not limited to regulations on anti-money laundering (“AML”), anti-corruption, and counter-terrorist financing (“CTF”);

(d) you are not a citizen, resident or domiciliary in a Restricted Country, nor are you using our Services on behalf of any person or entity from a Restricted Country;

(e) you have not been included in any trade embargoes or economic sanctions list, the list of specially designated nationals maintained by OFAC, or the denied persons or entity list of the U.S. Department of Commerce, nor you have been a subject or target of any other economic sanctions administered or enforced by the United Nations, the European Union or the United Kingdom;

(f) you have not been previously suspended or removed from using our Services;

(g) if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorisations to bind such legal entity; and

(h) you are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your user account.

We inform you that Geographical restrictions may apply. In general, our Token game economy and our Land sales are not for any residents of or any person located in Afghanistan, American Samoa, Angola, Belarus, Bosnia and Herzegovina, Burundi, Canada, Central African Republic, Crimea, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, England and Wales, Eritrea, Ethiopia, Ghana, Guatemala, Guam, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Lebanon, Liberia, Libya, Mali, Moldova, Myanmar (Burma), Nicaragua, Pakistan, People’s Republic of China, Republic of the Congo, Russia, Serbia, Somalia, South Sudan, Sudan, Syrian Arab Republic (Syria), Trinidad and Tobago, Ukraine, United Kingdom, United States, Venezuela, Virgin Islands (U.S.), Yemen, and Zimbabwe (each, a “Restricted Country”) or any other country or territory that is the subject of national legal restrictions, or country wide or territory wide sanctions. We inform you that EMBER tokens are our in-game token. EMBER tokens can only be used in our game. EMBER tokens are not suited for investment or as a substitute for fiat currencies. Bright Star Studios do not have any obligations to exchange our in-game currency. EMBER are designed to be utilised, and that is the goal of EMBER distribution.

In particular, it is highlighted that EMBER:

(a) does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any person make any representation or give any commitment as to its value);

(b) is non-refundable and cannot be exchanged for cash (or its equivalent value in any other digital asset) or any payment obligation by Bright Star Studios;

(c) does not represent or confer on the token holder any right of any form with respect to Bright Star Studios, or its revenues or assets, including without limitation any right to receive future dividends, revenue, shares, ownership right or stake, share or security, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property or licence rights), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director, or other financial or legal rights or equivalent rights, or intellectual property rights or any other form of participation in or relating to Bright Star Studios;

(d) is not intended to represent any rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;

(e) is not intended to be a representation of money (including electronic money), security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment;

(f) is not a loan to Bright Star Studios, is not intended to represent a debt owed by Bright Star Studios or its affiliates, and there is no expectation of profit; and

(g) does not provide the token holder with any ownership or other interest in Bright Star Studios.

Notwithstanding the distribution of EMBER, users have no economic or legal right over or beneficial interest in Bright Star Studios after the token distribution.Bright Star Studios has, without notice or liability to the player, the right to change, modify or terminate the use of EMBER tokens for the users

You agree to keep your wallet address and password personal and confidential and will be responsible for all use of and access to your account and password. Any transactions that you engage in will be conducted solely through the blockchain via a wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we 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 via the Website, or any other transactions that you conduct via any blockchain networks.

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

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

Badges holder information

In able to redeem your badges, please follow the steps and instructions on our badge holder information page: https://embersword.com/news/badge-holder

Please note in particular that when the badge is burned it is no longer available. Redeeming any badge BURNS the badge and initiates the token release process. You can only redeem your badges using one Ember Sword account and wallet address.

In order to redeem your badge, you must agree on the terms and conditions, agree that you might have to do a KYC and confirm that you are not a resident in a restricted area.

Once you redeem your badges, you will receive 10% of your tokens each month by weekly drops for approximately 10 months (TGE+1). The exact vesting overview will be available on Presail.

Ownership

Our Ownership

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

Your Ownership

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

As the game development evolves, we may require you to transfer your Digital Assets to another chain/platform, in which case we will inform you of a migration timeframe/window to complete this. If you fail to transfer your Digital Assets and choose to keep your Digital Assets on a platform that we no longer support, the Digital Assets will not have any potential rewards attributed or utility from the game.

License Terms

General Use

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

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

Limitation of Use

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

Intellectual Property Rights

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

Payment terms

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

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

Purchases of Digital Assets may be subject to the payment of a transaction fee, a Gas fee, a market fee or similar for the transactions that occur on the external exchange or on the Ethereum network. These fees are not connected to our Game.

For further information on our Tokenomics, we refer to our whitepaper.

Disclaimer of Warranties

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

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

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

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

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

EMBER tokens are digital utility tokens created for use within the Ember Sword MMORPG. They are not and should not be considered as a form of currency, security, commodity, or any other kind of financial instrument. EMBER tokens are available for purchase and trading solely on authorized exchange sites and are not sold directly by Bright Star Studios or through the Ember Sword game platform. Therefore, Bright Star Studios are also not obliged to purchase or exchange EMBER tokens. We advise all interested parties to conduct thorough research and exercise caution when purchasing or trading EMBER tokens.

Bright Star Studios does not guarantee that EMBER tokens will retain any particular value, nor do we make any claims or promises about their future performance or worth. EMBER tokens are not intended for investment purposes. Buyers, traders, and sellers of EMBER tokens are solely responsible for ensuring compliance with the laws and regulations of their respective jurisdictions. This includes, but is not limited to, securities laws, tax laws, and regulatory requirements pertaining to digital tokens.

Bright Star Studios does not endorse any third-party platforms where EMBER tokens may be traded. Users engage with such platforms at their own risk.

By purchasing, trading, or selling EMBER tokens, users acknowledge and agree that there are risks associated with digital tokens, blockchain technology, and cryptocurrency markets. Bright Star Studios is not responsible for any losses incurred as a result of trading or holding EMBER tokens.

This disclaimer is subject to change and may be updated without notice. Users are responsible for staying informed about any changes to this disclaimer.

No Advice or Advertisement

All information provided on the website and throughout our services is for informational purposes only and should not be construed as professional advice. We do not provide investment advice or investment recommendations and no communication, through the website or in any other medium, should not be considered as a substitute for tailored investment advice or construed as advice or recommendation.

The information and descriptions contained in the Website are not to be construed as an offering memorandum, advertisement or prospectus. Accordingly, this information is not intended to be a complete description of all terms, exclusions and conditions applicable to the services described in this website. This website and any information or materials contained in it do not constitute the distribution, an offer or solicitation of any kind to purchase or sell any product, security or instrument whatsoever nor should they be construed as providing any type of investment or other advice or recommendations by us, any of our affiliates or third parties to any person in any jurisdiction where such distribution, offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

Moreover, we do not give investment advice, endorsement, analysis or recommendations with respect to any cryptocurrencies, digital assets, tokens or securities or provide any financial, tax, legal advice or consultancy services of any kind. We are not your broker, intermediary, agent, or advisor and have no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using this website.

Before you make any decisions involving our services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. We do not recommend that any cryptocurrencies or digital assets should be bought, earned, sold, or held by you and we will not be held responsible for the decisions you make based on the information provided by us on this Website.

Limitation of Liability

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

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

Indemnification

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

Privacy

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

Governing Law and Dispute Resolution

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

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

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

Termination

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

Termination may only be effectuated by you if you cancel your account and cease to use the Site, and the App. Termination may be effectuated by us for specific reasons, especially if you violate our Code of Conduct - https://embersword.com/code-of-conduct.

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

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

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

Requirement by applicable law, rule or regulation;

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

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

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

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

We may also terminate, suspend, or modify your access to the website or any portion thereof, immediately and at any point, at our sole discretion without reasons. We will not be liable to you or to any third party for any termination, suspension, or modification of your access. Upon termination, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

Miscellaneous

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

Moderators

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

General Communications Disclaimer

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