Dotted Company Limited
Terms and Conditions
Version date: 7 February 2022
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; THE TERMS CONTAIN AN ARBITRATION PROVISION. YOU AGREE AND UNDERSTAND THAT DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT OR A JURY TRIAL. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
Dotted Company Limited (“DTTD”) Services and the information and content available in the Services (collectively, the “DTTD Properties” or “our Properties”) are protected by copyright laws throughout the world. Subject to the Agreement (defined below), DTTD grants you a limited license to reproduce portions of DTTD Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by DTTD in a separate license, your right to use any and all DTTD Properties is subject to the Agreement. Please read on to learn the rules and restrictions that govern your use of our Properties, including, but not limited to, (i) our web interface or dashboard located at https://app.dttd.io (“DTTD Interface”) and (ii) our corresponding mobile application(s) (“DTTD App”), (iii) as well as any other website, community, blog, media forum, media channel, or mobile website related, linked, or otherwise connected thereto (each a “Service” and collectively, the “Services”), (iv) data or content generated by users. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com.
1. USE OF DTTD SERVICES
DTTD Services primarily consist of (i) the DTTD Interface, which is a web-hosted user interface and (ii) the DTTD App, each of which allows you to import a digital wallet, such as MetaMask, that can store and transfer certain supported tokens in order to track and monitor a portfolio of Non-Fungible Tokens (called NFTs hereunder) as well as access and interact with certain supported decentralized protocols and decentralized applications (collectively “dApps”) and (iii) Transactional Services (as defined in Section 1A below). Some of the dApps accessible using our Services may also involve accessing certain NFT markets, boards, or interfaces allowing for transactions. In order to use DTTD’s Services, you must already have a Wallet that is supported in our Services.
When such a digital Wallet for NFT(s) is created, a cryptographic private and public key pair is generated. The private and public key pair together evidence ownership/possession of a specific amount of supported NFT(s) in that Wallet which enables you to send and receive NFT(s) through multi-chain networks. The public key is visible to all participants in the blockchain network. The private key must be used to transact the NFT(s) represented by the corresponding public key. In some instances, depending on what other services you have used to create a Wallet, you may receive a pin code, create a password, or establish another method of accessing your private key as a security or convenience measure. In those cases, your authentication method may function similarly to your private key in that it allows you and other in possession of such information to potentially transfer NFT(s) from your Wallet. You must already have a Wallet to use our Services. We never have access to NFT(s) in your Wallet, we will not store your private key or similar methods of accessing your Wallet, and we will never request this information.
When you request to make a transfer of NFTs, in order to initiate such transfer on our Services, you will be required to initiate a transfer from your Wallet’s interface or a web plug-in that interacts with our Services (a “Transfer Initiation”). You may only initiate a transfer using our Services after our servers have confirmed receipt of a valid Transfer Initiation. DTTD is entitled to rely on the Transfer Initiation and has no duty to inquire into or investigate the validity or accuracy of any Transfer Initiation. You will be responsible for keeping your hardware devices, including your phone, secure and for any activity associated with such devices and your Wallet when using our Services. DTTD will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid Transfer Initiation.
DTTD does not have access to your Wallet or private key and cannot initiate a transfer of NFT(s) or otherwise access your NFT assets. We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you effect when using your Wallet or our Services. We are not responsible for any activities that you engage in when using your Wallet, and you should understand the risks associated with NFT(s), ERC-721 and ERC-1155 standards’ token generally, and our Services described more fully below. Unless explicitly provided in writing, we do not host or maintain dApps accessible on our Services and do not participate in any transactions on such dApps, recommend, endorse, or otherwise take a position on your use of these services.
1A. SERVICES RELATED TO CRYPTO-RELATED TRANSACTIONS
By agreeing with these Terms you are explicitly giving DTTD permission to act on your behalf and fulfil your order for Cryptocurrency as instructed.
Based on your instructions, DTTD will purchase Cryptocurrency on your behalf and send / deliver it to the wallet address indicated at the time of the order subject to the conditions of these Terms.
At no point during the purchase, will DTTD be in possession or in control of client funds.
Purchases / orders through DTTD are one-offs and executed individually, one by one.
The services set out in this Section 1A shall be collectively referred to as “Transactional Services”.
DTTD DOES NOT facilitate or provide trading or investment or brokerage accounts or facilities, nor does DTTD provide investment or any other financial advice.
(a) Cryptocurrency purchase
(i) You will be able to purchase cryptocurrencies from us and through our DTTD Properties subject to the applicable fees displayed during the purchase flow. The price, exchange rate and amount of the cryptocurrency that you wish to purchase will be confirmed at the time that you place an order for a cryptocurrency purchase.
(ii) Acceptance by us of an order for a cryptocurrency purchase does not guarantee that you will receive the corresponding amount of cryptocurrency. The cryptocurrency purchase is conditional upon actual receipt by us of the funds from your credit or debit card, as well as payment of any applicable fees.
(iii) Subject to (ii) above and the transaction being honoured by the customer’s bank, card provider or other relevant party, cryptocurrency purchases shall be credited to any cryptocurrency wallet, as provided by you at the time of the order, as soon as possible once the cryptocurrency purchase has been confirmed by the cryptocurrency network. Once submitted to a cryptocurrency network, a cryptocurrency purchase will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the cryptocurrency network. Cryptocurrency transactions that are in a pending state will not be credited to the wallet.
(iv) Payment Services Partners. DTTD may use a third-party payment processor to process any fiat payment between you and DTTD.
(v) Recurring Transactions. If you set up a recurring purchase of Cryptocurrencies (a "Future Transaction"), you authorise us to initiate recurring electronic payments in accordance with your selected cryptocurrency purchase. Your Future Transactions will occur in identical, periodic instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or DTTD cancels the Future Transaction. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via firstname.lastname@example.org.
(b) Cancellation and refunds
Once an order / purchase to buy cryptocurrency has been made it cannot be cancelled or recalled.
All orders / purchases are final and cannot be refunded once the cryptocurrency has been sent to the cryptocurrency wallet indicated at the time of purchase.
Once an order / purchase has been sent to the cryptocurrency wallet indicated at the time of purchase it cannot be recalled or retrieved under any circumstances.
You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases are final. DTTD’s obligation towards you will be absolutely discharged upon delivery of the product to you and shall have no claim or right against DTTD upon such delivery.
(c) Suspension, termination and cancellation
DTTD may: (i) refuse to complete, or block or cancel you have authorised, (ii) suspend, restrict, or terminate your access to any or all of the DTTD Services, and/or (iii) deactivate or cancel your DTTD Account with immediate effect for any reason, including but not limited to where:
(1) we reasonably believe that we need to do so in order to protect our reputation;
(2) we are, in our reasonable opinion, required to do so by applicable law, regulation or any
court or other authority to which we are subject in any jurisdiction;
(3) we reasonably suspect you of acting in breach of this Agreement;
(4) we have concerns that a transaction is erroneous or about the security of your DTTD
Account or we suspect the DTTD Services are being used in a fraudulent or unauthorised
(5) we suspect money laundering, terrorist financing, fraud, or any other financial crime;
(6) use of your DTTD Account is subject to any pending litigation, investigation, or
government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your DTTD Account activity; and / or
(7) you take any action that may circumvent our controls such as opening multiple DTTD Accounts or abusing promotions which we may offer from time to time.
(8) you fail to provide on request such documentation as DTTD (or any third party whose services we use in providing the Services to you under this Agreement) reasonably requires in order to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to DTTD’s satisfaction.
(9) any cryptocurrency purchase is significantly larger in size;
(10) DTTD reasonably believes that it is necessary or desirable to do so in order to protect the security of the Account, including circumstances where any Account Details may have been lost or stolen.
In the case of any such suspension, DTTD shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
(x) is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
(y) would not compromise DTTD's reasonable security measures.
DTTD shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptocurrency Purchase in accordance with this Section 1A (c).
Where the reasons for DTTD's actions under this Section cease to exist, DTTD may, at its discretion, either reinstate access to the Account and the Services and/or issue you with new Account Details and reserves the right to ask you to re-complete the account opening procedures as outlined in these Terms and to resolve any open issues with your account before a restriction can be removed.
We may suspend, restrict, or terminate your access to any or all of the DTTD Services and/or deactivate or cancel your DTTD Account, without reason by giving you one months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your DTTD Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
In order to use the DTTD Interface and access certain features of DTTD Properties you must already have a Wallet that is supported in the Services.
In terms of accessing certain features of DTTD Properties, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has a valid DTTD account created on the DTTD Interface or DTTD App, or through third-party service provider or social networking service supported by the Services, such as Facebook, Twitter, GitHub or Google Account, through which the user has connected to the Services (each such account, a “Third-Party Account”).
You hereby authorize DTTD to receive and/or access any and all information from your Wallet or DTTD Account necessary for DTTD to provide the functionality of the Interface and Services. You represent that you are entitled to grant DTTD access to your Wallet, DTTD Account or Third-party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the Wallet or such Third-Party Account. By granting DTTD access to your Wallet, DTTD Account or Third-Party Account, you understand that DTTD may access and make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through DTTD Properties (content that user generated) or personal financial data that you have provided to and stored in your Wallet or Third-Party Account, as applicable (collectively, the “Connected Content”), so that it is available on and through the DTTD Properties via your Wallet or Third-Party Account. Please note that if a Wallet, Third Party Account, or associated service becomes unavailable, or DTTD’s access to such Wallet or Third-Party Account is terminated by the third-party service provider, then Connected Content will no longer be available on and through DTTD Services, and the functionality of the Interface and Services may cease. Unless otherwise specified in the Agreement, all Connected Content shall be considered to be Your Content (as defined in Section 3 (Types of Content)) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through the DTTD Services. You have the ability to disable the connection between the Services and your Wallet or Third-Party Account at any time by logging out of your Wallet or Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR WALLETS AND THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DTTD DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH WALLETS.
DTTD makes no effort to review any Connected Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and DTTD is not responsible for any Connected Content.
You represent that you are (i) at least eighteen (18) years old; (ii) of legal age and have the legal capacity to form a binding contract; and (iii) not a person barred from using DTTD Services under the laws of HK SAR, your place of residence or any other applicable jurisdiction; and (iii) not a citizen, resident or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries. If permits and licenses are required for you to use the Services, you shall be responsible for obtaining such permits and licenses prior to such use. You are responsible for all activities that occur during your use of the Services. You agree that you shall monitor your use of the Services to restrict use by minors, and you will accept full responsibility for any unauthorized use of DTTD Services by minors.
You must provide all equipment and software necessary to connect to DTTD Services, including but not limited to any hardware device required to connect your Wallet (such as a Ledger Hardware device) or a mobile device that is suitable to connect with and use DTTD Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing DTTD Services. You will be responsible for keeping your hardware devices, including your phone, secure and for any activity associated with such devices and your Wallet when using our Services. DTTD will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid transfer initiated from the Services.
4. RESPONSIBILITY FOR CONTENT
You acknowledge that all Content, including DTTD Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not DTTD, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through DTTD Properties (“Your Content”), and that you and other Registered Users of DTTD Properties, and not DTTD, are similarly responsible for all Content that you and they Make Available through DTTD Properties (“User Content”).
DTTD Properties. Except with respect to any Open Source Software, your Wallet, Your Content, Connected Content, and User Content, you agree that DTTD and its suppliers own all rights, title and interest in DTTD Properties (including but not limited to, the Website, Interface, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and DTTD software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any DTTD Properties.
Open Source Software. You acknowledge that DTTD Services may use, incorporate or link to certain open-source components and that your use of the Services is subject to, and you will comply with any, applicable “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms
and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, DTTD makes such Open Source Software, and DTTD’s modifications to that Open Source Software, available by written request at the notice address specified below.
Your Wallet. You are the sole owner of the NFTs and assets in your Wallet and may elect to extract your private key from your wallet service provider or otherwise transfer your NFT and assets to another Wallet or platform at any time.
Trademarks. DTTD, and all related graphics, logos, service marks and trade names used on or in connection with any DTTD Properties or in connection with the Services are the trademarks of DTTD and may not be used without permission in connection with your, or any third party, products or services. Other trademarks, service marks and trade names that may appear on or in DTTD Properties are the property of their respective owners.
Your Content. DTTD does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in DTTD Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to DTTD through Discord or otherwise through the Website or its suggestion, feedback, feature request, blog, community, forum, or similar pages (“Feedback”) is at your own risk and that DTTD has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to DTTD a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of DTTD Properties and/or DTTD’s business.
6. USER CONDUCT
As a condition of use, you agree not to use DTTD Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through DTTD Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without DTTD’s prior written consent; (v) impersonates any person or entity, including any employee or representative of DTTD; (vi) interferes with or attempt to interfere with the proper functioning of DTTD Properties or uses DTTD Properties in any way not expressly permitted by this Agreement; (vii) jeopardizes the security of your Wallet or anyone else’s (such as allowing someone else to log in to the Services as you); (viii) attempts, in any manner, to obtain the private key, password, account, or other security information from any other user; (ix) attempts to access another user’s Wallet, private key or other security information on any third-party site or services that provide access to such user’s Wallet or private key on our Services; or (x) attempts to engage in or engage in, any potentially harmful acts that are directed against DTTD Properties, including but not limited to violating or attempting to violate any security features of DTTD Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in DTTD Properties, introducing viruses, worms, or similar harmful code into DTTD Properties, or interfering or attempting to interfere with use of DTTD Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” DTTD Properties.
DTTD may, but is not obligated to, monitor or review DTTD Properties and Content at any time. Without limiting the foregoing, DTTD shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although DTTD does not generally monitor user activity occurring in connection with DTTD Properties or Content, if DTTD becomes aware of any possible violations by you of any provision of the Agreement, DTTD reserves the right to investigate such violations, and DTTD may, at its sole discretion, immediately terminate your license to use DTTD Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
8. INTERACTIONS WITH OTHER USERS
User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that DTTD reserves the right, but has no obligation, to intercede in such disputes. You agree that DTTD will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users. DTTD Properties may contain User Content provided by other Registered Users. DTTD is not responsible for and does not control User Content. DTTD has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.
To the fullest extent allowed by applicable law, you agree to indemnify and hold DTTD, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “DTTD Party” and collectively, the “DTTD Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any DTTD Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. DTTD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DTTD in asserting any available defenses. This provision does not require you to indemnify any of the DTTD Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to DTTD Properties.
10. ASSUMPTION OF RISK
In order to be successfully completed, any NFT transaction(s) created with or sent to your Wallet must be confirmed and recorded in a blockchain associated with the relevant NFT(s). DTTD has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be confirmed on the relevant blockchain and does not have the ability to facilitate any cancellation or modification requests. In addition, certain Ecosystem Partners may involve complex financial transactions that entail a high degree of risk. You accept and acknowledge that you take full responsibility for all activities that occur under your Wallet and accept all risks of loss or any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law. You further accept and acknowledge that:
You (a) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet; (b) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Wallet; (c) know, understand and accept the risks associated with your Wallet; and (d) accept the risks associated with NFTs generally, and are responsible for conducting your own independent analysis of the risks specific to NFTs. YOU FURTHER AGREE THAT DTTD WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH RISKS. YOU HEREBY IRREVOCABLY WAIVE, RELEASE AND DISCHARGE ALL CLAIMS, WHETHER KNOWN OR UNKNOWN TO YOU, AGAINST DTTD, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES RELATED TO ANY OF THE RISKS SET FORTH HEREIN.
The prices of crypto and NFT assets are extremely volatile. DTTD makes no warranties as to the markets in which NFTs are transferred, purchased, or traded.
You are solely responsible for determining what, if any, taxes apply to your crypto and NFTs transactions. DTTD is not responsible for determining the taxes that apply to DTTD Transactions.
DTTD does not store, send, or receive crypto and NFTs. This is because NFTs exists only by virtue of the ownership record maintained on its supporting blockchain and NFT marketplace. Any transfer of NFTs occurs within the supporting blockchain and not in the Services. The transaction details you submit via the Services may not be completed, or may be substantially delayed, by the relevant blockchain used to process the transaction. Once transaction details have been submitted to a blockchain, DTTD cannot assist you to cancel or otherwise modify your transaction or transaction details. There are no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any NFTs.
There are risks associated with using an Internet based currency or tokens, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You accept and acknowledge that DTTD will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when trading NFTs, however caused.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of NFTs.
DTTD makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of Ethereum. You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of NFTs evidenced on that blockchain.
DTTD makes no guarantee as to the security of any blockchain. DTTD is not liable for any hacks, double spending, stolen NFTs, or any other attacks on a blockchain.
The Services rely on and DTTD makes no guarantee or warranties as to the functionality of or access to any, third-party Wallet platforms (such as Meta Mask and Ledger), NFT Marketplace (such as Opensea) and Ecosystem Partners to perform any transactions.
Losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances are beyond DTTD’s control, including without limitation: the failure of the network or dApps; acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; fire; flood; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; or non- performance by a third party.
11. DISCLAIMER OF WARRANTIES AND CONDITIONS
As is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF DTTD PROPERTIES IS AT YOUR SOLE RISK, AND DTTD PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DTTD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT ARISING FROM USE OF THE WEBSITE. DTTD PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) DTTD PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF DTTD PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF DTTD PROPERTIES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH DTTD PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS DTTD PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. DTTD MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DTTD OR THROUGH DTTD PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
No liability for conduct of third parties. YOU ACKNOWLEDGE AND AGREE THAT DTTD PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DTTD PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. DTTD MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DTTD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONNECTED CONTENT OBTAINED THROUGH DTTD PROPERTIES.
Notwithstanding anything to the contrary in these Terms, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to (i) the ownership, validity or genuineness of any NFTs; (ii) the collectability, insurability, effectiveness, marketability or suitability of any NFTs; or (iii) any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond DTTD’s control, including without limitation the failure of a blockchain, third-party services provider, or Ecosystem Partner.
12. LIMITATION OF LIABILITY
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL DTTD PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, INCLUDING ALL NFT ASSETS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT DTTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF DTTD PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE DTTD PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH DTTD PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DTTD PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO DTTD PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A DTTD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A DTTD PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A DTTD PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. YOU KNOWN: DTTD DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY DTTD’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY HONG KONG OR EU LAW.
Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, DTTD PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100; OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DTTD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A DTTD PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A DTTD PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DTTD AND YOU. Except for the express statements set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to you use and access of the DTTD Services and DTTD Properties.
13. TERM AND TERMINATION
Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use DTTD Properties, unless terminated earlier in accordance with the Agreement.
Termination of Services by DTTD. Notwithstanding anything set out herein, DTTD is free to terminate (or suspend access to) your use of the Services for any reason at our absolute discretion, including your breach of these Terms. DTTD has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If we suspend your use of the Services, you may continue to access your Wallet directly or through other services not hosted by us. DTTD will not have any liability whatsoever to you for any suspension or termination.
Termination of Services by You. If you want to terminate the Services provided by DTTD, you may do so by logging out of all of the Services that you use at any time. You may continue to access your Wallet directly or through other services not hosted by us.
Survival. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Subsequent Use. If your ability to access DTTD Properties or any other DTTD community is discontinued by DTTD due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to access DTTD Properties or any DTTD community through use of a different Wallet, Third-Party Account, member name or otherwise. In the event that you violate the immediately preceding sentence, DTTD reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
14. INTERNATIONAL USERS
DTTD Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that DTTD intends to announce such Services or Content in your country. DTTD Properties are controlled and offered by DTTD from its facilities in Hong Kong SAR. DTTD makes no representations that DTTD Properties are appropriate or available for use in other locations. Those who access or use DTTD Properties from other countries do so at their own volition and are responsible for compliance with local law.
15. LAW AND FORUM FOR DISPUTES
Dispute Resolution. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
Time Bar. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
16. THIRD-PARTY SERVICES
Third-Party Websites, Applications and Ads. DTTD Properties may contain links to third party websites, applications, and advertisements for third parties (“Third-Party Services”) or may, in some cases, integrate them with our Services. When you click on a link to or access or use a Third- Party Service, we will not warn you that you have left DTTD Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third- Party Services are not under the control of DTTD. DTTD is not responsible for any Third-Party Services. DTTD provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third- Party Services at your own risk. When you leave our Website, this agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
17. GENERAL PROVISIONS
Electronic Communications. The communications between you and DTTD may take place via electronic means, whether you visit DTTD Properties or send DTTD e-mails, or whether DTTD posts notices on DTTD Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from DTTD in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DTTD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby, to the maximum extent permissible by law, release DTTD Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of DTTD Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of DTTD Properties.
Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DTTD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. DTTD shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to DTTD Properties, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and DTTD agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts located in Hong Kong.
Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF HONG KONG SAR, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Notice. Where DTTD requires that you provide an e-mail address, you are responsible for providing DTTD with your most current e-mail address. In the event that the last e-mail address you provided to DTTD is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, DTTD’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Such notice shall be deemed given when received by DTTD by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control. You may not use, export, import, or transfer DTTD Properties except as authorized by Hong Kong law, the laws of the jurisdiction in which you obtained DTTD Properties, and any other applicable laws.
No employment. You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of DTTD, and you do not have authority of any kind of bind DTTD in any respect whatsoever.