Terms and Conditions and Privacy Policy v1.3, Effective Date: November 2024

Welcome to Block Ark Studios, LLC. These Terms and Conditions ("TaC") are designed to constitute a binding legal agreement that conditionally governs your access to and use of our comprehensive suite of services. This includes, but is not limited to, our various websites, applications, AI bots, email notifications, tools, advertisements, NFT minting services, digital marketplaces, and any other services or features offered under the Block Ark Studios brand that hyperlink to these TaC (hereafter referred to collectively as the "Services"). By accessing, browsing, or otherwise utilizing our Services, you acknowledge that you have read, understood, and agreed to be bound and abide by these TaC. Moreover, you represent that you are of legal age in your jurisdiction to form a binding contract with Block Ark Studios and meet all of the foregoing eligibility requirements. If you do not agree with our TaC or do not meet these prerequisites, it is our sincere regret to inform you that you must not use or access our Services. At Block Ark Studios, we aim to provide a platform for the web3 reggae community at large. To maintain this standard of community interaction, it is crucial that your behavior aligns with our guidelines.

With that said, we invite you to become an integral part of our growing ecosystem by participating in the creation, acquisition, and trading of digital assets in ways that inspire and uphold the integrity of our community. Your adherence to these TaC ensures that Block Ark Studios remains not only a platform for technological and artistic expression but also a trusted and secure environment that is inclusive, respectful, and in compliance with musicians and artists wishes.

1. Illegal Content

1.1. Illegal Content: is Illegal Art or Illegal Music. We thoroughly disagree on the premise that any type of Art or Music can be illegal, but we are acutely aware of an artist or musicians broad rights of ownership. You may not upload, share, or otherwise distribute any content that is unlawful or that infringes upon the rights of others. This includes, but is not limited to, material that violates copyright laws, trademark laws, or other intellectual property rights.

1.2. Authorization: You must either own the copyright to the material you upload or have all necessary rights or permissions from the copyright owner.

1.3. Content Deletion: With decentralization in mind, all content created through Block Ark Studios services, including Artificial Intelligence Services and Blockchain Services, are available to the public. We reserve the right to remove, delist and retain any illegal content from any Block Ark Studios platform.

2. User Responsibilities

2.1. User Content: As the content creator, you must ascertain and ensure that your content is appropriate for our audiences. This generally prohibits you from engaging in behavior that includes the dissemination of explicitly sexual content, hate speech, harassment, or threats.

2.2. Responsibility For Content: You bear sole responsibility for the material you upload to Block Ark Studios. Although we do not claim ownership over the content you post, we must enforce our TaC to safeguard our community. We reserve the right, at our sole discretion, to remove or disable access to content that we determine to be in violation of these TaC.

2.3. Copyright Ownership: By uploading content to our platform, you confirm that you hold all necessary rights to the intellectual property in that content. You must have either the original copyright or have received explicit permission from the copyright owner to use and distribute the content.

2.4. Compliance With Law: You affirm that your conduct on Block Ark Studios will comply with all applicable local, state, national, and international laws and regulations.

3. Artificial Intelligence Services

3.1. OpenAI Technology: The "Assistants" and "Imagen" services are powered by OpenAI's advanced AI technology, specifically Chat-GPT and DALL-E. These services utilize state-of-the-art machine learning models to provide users with high-quality responses and image generation capabilities.

3.2. Data Privacy and Control: Any data you provide while using the "Assistants" and "Imagen" services will remain private and fully under your control. We do not collect, store, or use your data for any purpose beyond delivering the requested services.

3.3. No Data Usage for AI Training: None of the data you provide while using the "Assistants" and "Imagen" services will be used to train future AI models. OpenAI's technology powering these services operates under strict data usage policies to safeguard your information.

3.4. User Responsibility: You are responsible for any content you input into the "Assistants" and "Imagen" services. Despite privacy and data controls, please ensure that you do not share any sensitive, confidential, or personally identifiable information while using these services.

3.5. Limitation of Liability: While we strive to provide accurate and helpful responses through the "Assistants" and "Imagen" services, we do not guarantee the completeness, accuracy, or reliability of the information provided. This technology is still very new and is known to confidently provide inaccurate responses, also known as "hallucinating". Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of these services.

4. Software

4.1. Free Software: All custom software applications available on Block Ark Studios platforms, whether run from the browser or downloaded, are provided to users free of charge. No payment or subscription is required.

4.2. Software License: Users are granted a limited, non-exclusive, non-transferable, revocable license to use the software for personal, non-commercial purposes in accordance with these Terms.

4.3. "As Is" Condition: The software is provided on an “as is” and “as available” basis. Block Ark Studios makes no warranties, express or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

4.4. No Support: Block Ark Studios does not guarantee any support, maintenance, updates, or improvements for the software. Users should not expect any future versions, upgrades, or bug fixes. Your use of the software is entirely at your own risk.

4.5. User Responsibilities: Users must not use our software for any unlawful or prohibited activities. This includes, but is not limited to, activities that violate the rights of others, distribute malware, or engage in any form of hacking.

5. License Grant to Block Ark Studios

5.1. When you create, publish, mint, or list content that is covered by intellectual property rights on or in connection with our Services, you grant Block Ark Studios, LLC a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, distribute, advertise, and display works of your content. This license is solely for the purpose of providing and improving our Services, as well as new Services or features that we develop. If you do not want your content used for any Block Ark Studio development or content production, please let us know at contact@blockarkstudios.com

6. Content Deletion

6.1. Should you choose to remove, delete, delist, or unpublish your content on any of our platforms, or if your account is terminated, we will cease distribution as soon as practicable, and the aforementioned license will terminate. However, be aware that content on the blockchain cannot be deleted and will persist for an indefinite period of time.

7. Termination Of Use

7.1. Block Ark Studios, LLC may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reasons whatsoever and without limitation, including but not limited to a breach of the TaC.

8. Legal Disclaimer

8.1. Limitation Of Liability: To the maximum extent permitted by law, Block Ark Studios, LLC shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

- Your access to or use of or inability to access or use the Services

- Any content obtained from the Services

- Unauthorized access, use or alteration of your transmissions or content

8.2. Governing Law: These TaC and any disputes arising from or related to the Services shall be governed by the laws of New York State, United States of America, without regard to its conflict of law provisions.

8.3. Changes To Terms: We reserve the right to modify these TaC at any time. Changes will be effective upon the posting of the revised TaC to our Services. We encourage you to review our TaC periodically.

Terms and Conditions and Privacy Policy v1.3, Effective Date: November 2024

1. Data We Collect

1.1. Personal Information You Provide: To enhance your experience, we collect and store some personal information that you provide when you use our website, such as:

- Username

- Email Address

- AI usage and history

- Blockchain addresses

- IPFS CID's

1.2. Sensitive Data: For the purposes of processing payments and mailing physical merchandise, we collect, but do not store, the following information:

- Legal Name

- Mailing Address

- Phone Number

- Payment Details such as Credit Card or Bank Account

1.3. Third Party Services: We use the following third-party services to operate our website. These third-party providers may collect and process data as necessary to provide their services. Please refer to their respective privacy policies for more details.

- Google Firebase: For data storage and management.

- Printify: For product creation and shipping.

- Stripe: For secure payment processing.

- Netlify: For website hosting.

2. How We Use Your Information

2.1. User Enhancement: We use the information we collect for the following purposes:

- To provide and personalize our services.

- To process your orders and payments.

- To communicate with you regarding your orders, account, or support inquiries.

- To improve our website and services based on user feedback.

2.2. Your Data is Not Sold: Data collected and stored by Block Ark Studios is not for sale.

3. Data Sharing And Disclosure

3.1. We do not sell, rent, or trade your personal information to third parties. However, we may share information in the following circumstances:

- Service Providers: We share required data with third-party providers (e.g., Google Firebase, Printify, Stripe, Netlify) to facilitate our services.

- Legal Obligations: We will resist, drag our feet, appeal, and generally follow the playbook of the slimiest industry lawyers available in order to avoid any disclosure to any State. In the event that we fail, we may be forced, by court order, to disclose your information.

4. Data Storage And Security

4.1. We take appropriate technical and organizational measures to protect your personal information from unauthorized access, loss, misuse, or alteration. Data collected and stored through our website is done so securely using Google Firebase.

5. User Rights

5.1. You have the following rights regarding your personal data:

- Access and Update: You may access and update your personal information by logging into your account or contacting us directly.

- Data Deletion: You have the right to delete all of your personal data at any time. You can easily delete your account and all your data by vising your Profile. You can also request data deletion by contacting us at contact@blockarkstudios.com. Once we receive your request, we will delete your data from our system promptly, except where retention is required for legal or regulatory purposes.

6. Cookies And Tracking Technologies

6.1. Our website does not use cookies or similar technologies to enhance user experience and analyze website usage, however our Third Party providers may utilize this technology. You can manage your cookie preferences through your browser settings.

7. International Users

7.1. If you are accessing our website from outside the United States, please note that your data may be transferred to and processed in the United States, where our servers and third-party providers may be located. By using our website, you consent to this transfer.

8. Changes To Privacy Policy

8.1. We may update this Privacy Policy from time to time to reflect changes in our practices or for legal, regulatory, or operational reasons. Any updates will be posted on this page with the "Effective Date" updated accordingly. We encourage you to review this policy periodically.

For any questions about the Terms and Conditions or our Privacy Policy, please contact us at your most convenient option:

Block Ark Studios, LLC

38 Old Middletown Road

New City, New York, 10956, United States

contact@blockarkstudios.com

(p) 845-587-1589