TERMS AND CONDITIONS
1.0 Your Relationship with Us
Welcome to the corporate website of Gbagede (The Arena) (www.gbagede.com, www.gbagede.games). BLACKHAUS LTD maintains this site to provide users with the world’s first interactive digital content sparring and SocialFi platform (the “Platform”/ “Site”) which uses expressions as currency with a dynamic decentralized self-sustaining, entertaining and reward driven ecosystem. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
2.0 Accepting the Terms
Blackhaus Limited reserves the right to revise, modify, and update the terms and conditions to which you are bound. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you do not wish to be bound by these terms, you may not use this site. You agree to review the terms contained herein periodically to ensure that you are aware of any modifications.
Your continued access or use of the Site after modifications have become effective shall be deemed your conclusive acceptance of the modified terms.
To use our Services/ Site you must be at least 18 years old and have the legal capacity to enter into contracts. By using our Services/site you represent and warrant that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.
4.0 User Account
To use or access certain features of our Services/ this Site, you may need to create a user account. You agree to provide accurate, complete, and up-to-date information when creating your account. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account and that you do not disclose it to any third party. You agree to notify us immediately of any unauthorized use of your account.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
We have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site/ Platform for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the Platform / Site or any content included on this Site, except as expressly authorized by us.
6.0 Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
You may be able to upload, submit, or otherwise transmit content to the Services (“User Content”). As a condition of use, you agree not to modify or revise any of the materials in any manner and to retain all copyright and other proprietary notices as contained in these materials. No other use of the materials or information is authorised.
Any violation of the foregoing may result in civil and /or criminal liabilities.
As between you and Blackhaus Limited, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all intellectual property rights of the Services are either owned or licensed by Blackhaus Limited.
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein.
You retain all rights in, and are solely responsible for, the User Content you submit. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and
- neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube), or to make contact with other users of the Services, you must comply with the standards set out at “Acceptable Use of Our Services”.
You must not post any Content on or through the Services t that you consider to be confidential or proprietary. When you submit Content through the Services, you agree and represent that you own that Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
9.0 Ownership of Information and Materials
The contents of this site including its “look and feel” (e.g. Text, Graphics ,images, logos, content, expressions and other materials are protected under Nigeria’s copyright, patent, trademark, and other laws. The contents belong to BlackhouseTV. The content and materials contained on this site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced ,reused, sold ,supplemented ,transmitted ,use to create a derivative work or otherwise used for public and commercial purposes without the express written permission of BlackhouseTV. Your right to use this site is personal to you. You agree not to reproduce, duplicate, copy, sell resell, use or exploit for any commercial purposes, the site or use of or access to the site or any information or technology obtained from the site.
10.0 Acceptable Use of Our Services
You agree to use the Platform and Site only for lawful purposes and in a manner consistent with all applicable laws and regulations. You further agree not to engage in any activity that:
- violates or infringes the rights of others, including but not limited to their privacy, publicity, intellectual property, or other proprietary rights;
- violates any applicable law or regulation;
- encourages or promotes any illegal activity.
- is defamatory, obscene, offensive, or otherwise objectionable;
- constitutes harassment, stalking, or other forms of abusive or disruptive behavior;
- introduces viruses, malware, or other harmful components;
- uses our service for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- attempts to create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
- interferes with or disrupts the Platform or Services, or servers or networks connected to the Platform or Services;
- impersonates any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- attempts to gain unauthorized access to the Platform or Services or to other users’ accounts or personal information; or
- violates any other provision of these Terms.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or otherwise harmful to the Services or our users.
All comments, opinions, materials forwarded or submitted to the Blackhouse site through or in association with this site shall be considered non-confidential and Blackhaus Limited property. By submitting such comments to this site, you agree to a no-charge assignment to Blackhaus Limited of the right to use, copy, modify, display and distribute the submissions. Blackhaus Limited may use such comments, opinions, information or materials in any way it chooses in an unrestricted manner.
You agree to indemnify and hold BLACKHAUS LIMITED, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of a breach by you or obligations or in connection with your use of the Platform.
13.0 DISCLAIMER OF WARRANTIES
THIS PLATFORM AND SITE ARE PROVIDED “AS IS” AND BLACKHOUSETV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BLACKHOUSETV MAKES NO WARRANTY OR REPRESENATATIONS THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED OR ERROR FREE, NOR DOES BLACKHOUSETV MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR THAT DEFECTS IN THE SOFTWARE USED ON THE PLATFORM WILL BE CORRECTED. BLACKHAUS LIMITED ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE PLATFORM.
14.0 LIMITATION OF LIABILITY
IN NO EVENT SHALL BLACKHOUSETV BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE ,OR THE RESULTS OF THE USE OF THIS WEBSITE ,OR MATERIALS OR INFORMATION CONTAINED AT ANY OR SUCH WEBSITES ,WHETHER BASED ON WARRANTY, CONTRACT ,TORT, OR ANY LEGAL THEORY AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
- OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
IF YOUR USE OF THE MATERIALS OR INFORMATION ON THE SITE IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF NEITHER EQUIPMENT NOR DATA, YOU ASSUME ALL COSTS THEREOF.
15.0 GOVERNING LAW AND JURISDICTION.
These Terms constitute the whole legal agreement between you and Blackhaus Limited and govern your use of the Services. This Agreement shall be governed in accordance with the laws of the Commonwealth Countries, European Union Countries, Asian Countries, USA Courts, or under Swiss Law in Zurich, in the event of dispute, the court arbitration ICC International Chamber of Commerce GENEVE ( SWISS ).The failure of Blackhaus Limited to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision.
16.0 GENERAL PROVISION
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
If any provision of the terms is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable for any reason, that term shall be severed from this agreement and the remaining provisions shall remain in full force and effect; the parties nevertheless agree that the court shall endeavour to give effect to the parties’ intentions as reflected in the provision.