These Terms govern your access to and use of the DoinGud Site, including without limitation the creation of digital profile, our online services, and software provided on or in connection with those services (collectively, the “Service”).
The DoinGud Platform is in a testing phase and provided on an “as is” and “as available” basis and may contain defects and software bugs. You are advised to safeguard important data, property and content, to use caution, and to not rely in any way on the correct or secure functionality or performance of the DoinGud Platform and Services.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT ACCEPT THE TERMS, YOU MUST NOT AND ARE NOT AUTHORIZED TO USE ANY OF OUR SERVICES.
FOR PERSONS RESIDING IN THE USA: THESE TERMS CONTAIN ADDITIONAL PROVISIONS APPLICABLE ONLY TO YOU. THEY CONTAIN AN ARBITRATION PROVISION. IF WE CANNOT RESOLVE A DISPUTE AMICABLY, ALL DISPUTES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT MUST BE SETTLED IN BINDING ARBITRATION PER CLAUSE 17.3. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT, IF ANY, TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A JURY TRIAL.
1. General Terms
“Account” means a collection of User’s information formulating a profile only User manages and operates as described in these Terms;
“Creators” means any User, who, as a user of DoinGud Platform, creates an Account and obtains a Creator’s Pass as defined below.
“Creator’s Pass” is a promo code providing early access to creator tools on the DoinGud platform to those who have participated in Origins and GivingAMOR Campaigns and expressed interest or supported the development of DoinGud early on.
“Collectible” means the association on Ethereum of an NFT with a Uniform Resource Identifier (”URI”) identifying an appropriately configured JSON file conforming to the ERC-721 Metadata JSON Schema, ERC-1155 Metadata URI JSON Schema or a similar JSON schema, as applicable.
“Collectors” means any User, who, as a user of DoinGud Platform, purchases, bids or otherwise collects NFTs on the DoinGud Platform.
“Curators” shall mean any Users, who, as users of the DoinGud platform, select Creators’ creative work from the Pools and publish, promote and offer them through their own social media and on the DoinGud Platform.
“DoinGud Ecosystem” means the DG Diamond smart contract all other smart contracts, codified and programmable content, including underlying protocols deployed for creating, buying, selling and transferring NFTs that are officially supported on the DoinGud Platform, as they may be modified or supplemented from time to time.
“DoinGud Platform” means DoinGud website located at https://doingud.com/, APIs, and any associated websites or mobile applications hosted, owned or operated by DoinGud, as part of overall DoinGud Ecosystem.
“DoinGud” or “Company” or “We” or “Us” means DoinGud AG, a company incorporated under the laws of Switzerland, the owner and operator of DoinGud Platform.
“Ethereum” means the Ethereum mainnet and the underlying consensus protocol for such mainnet, generally recognised as the Ethereum blockchain, a sequence of blocks validated by the proof-of-work system, each linking to its predecessor all the way to the genesis block. Instead of having block size limits, Ethereum uses varying gas limits.
“Ethical Guidelines” shall mean DoinGud ethical guidelines specifying (as they might be changed or amended from time to time), as made available through our Website, that shall apply to all users of DoinGud Platform and shall be of a mandatory nature.
“Fee(s)” means the price that User shall pay as remuneration for the Services that the Company has provided for the User when such fee is implemented on DoinGud platform;
“Gallery Fees” means the price that User shall pay as remuneration for the Galeries’ Services that the Gallery specifies when an NFT is promoted through their Gallery Profile on the DoinGud platform and Galleries’ social channels;
“Intellectual Property” means all and any software innovations (in both machine-readable form and in source code form), computer programs, code, designs, concepts, ideas, artwork, notes, documents, data, information, materials, discoveries, inventions or other original work, including, without limitation, any additions, modifications or enhancements thereof.
“Metadata” or “Digital asset(s)” means any information, files created in a digital and electronic version in an mp3, mp4 or jpg, pdf, along with the rest of the NFT parameters (e.g. titles, descriptions, additional content to be unlocked upon purchase of the NFT, collaborators and any other information specified by Creators) and uploaded to the DoinGud Platform and servers thereof;
“NFTs” or “Non-Fungible Tokens” shall mean Ethereum-based tokens complying with the ERC-721 standard, ERC-1155 standard or other similar ”non-fungible” token standard. NFTs are intended to be ”non-fungible” tokens representing a unique creative and collectable artwork with all the attached metadata. As such, they cannot be copied, subdivided or substituted with another NFT, the record kept on blockchain certifies authenticity and ownership over the metadata and overall token representation.
“Platform” or “DoinGud Platform” means an online platform accessible through website https://doingud.com/ and application fully owned and operated by DoinGud;
“Polygon” or “Polygon Network” is a protocol and a framework for building and connecting Ethereum-compatible blockchain networks.
“Pool” means the Platform’s feature available to the Creators for submitting their NFTs into the accumulated pool of NFTs along with other Creators. Submitted NFTs are then evaluated by Curators and selected for exhibition within the Platform.
“Sustainable Development Goals” or “SDGs” shall mean the 17 goals as depicted in The 2030 Agenda for Sustainable Development, adopted by all United Nation Member States in 2015 and presenting a shared blueprint for peace and prosperity for people and the planet, now and into the future.
“Services” or “DoinGud Services” shall have the meaning as specified in Section 3 of these Terms.
“Social Impact Organisation” or the “SIO” shall mean an organisation supporting and working towards a social cause, verified and aligned with the 17 SDGs.
“Website” shall mean the DoinGud website, accessible on the https://doingud.io/
“You” shall mean You, as the “User” of DoinGud Platform.
By using our services and completing the account registration process, you accept and agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these terms, you may not access or use the services or use the Site.
DoinGud reserves the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We advise and encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Service.
3. Description of the Services
DoinGud Platform is an NFT ecosystem for Creators, Collectors, Curators, and communities to do good. DoinGud provides an eco-friendly, accessible and sustainable creation of NFTs which are only minted when a Collector chooses to buy them. The Platform is designed in such a way that allows for all proceeds from NFT sales to be distributed in an automated way. DoinGud provides you with the opportunity to create (or as we call it, mint), sell, purchase, bid on, collect, trade, showcase and otherwise transact digital blockchain collectibles, which may be represented as a non-fungible token (“NFT”) linked with certain digital metadata. Creators can earn recurring royalties and choose which social cause and Sustainable Development Goal they want to support with their NFTs. DoinGud Platform not only enables the matching between Creators, Curators and Collectors but also enables Social Impact Organizations ( “SIO(s)”) to sign up and become one of the eligible organisations creating their own profiles on the DoinGud Platform and receiving donations from NFT sales.
DoinGud enables Users to create their unique profiles, upload a profile and cover picture, add a bio and other desired information into the designated sections on their profile and provide information about the social media profiles from other platforms such as Twitter, Instagram, Github, etc. (all together “User’s Profile”). Users can also share the link to the DoinGud Platform and their unique profiles publicly and on other social media platforms.
Users of the Site (the “Users”) are able to search, browse, and click on links to other User’s Profiles displayed on the Site. Users may connect their Ethereum wallet on mainnet or Polygon network when accessing the DoinGud Site. You represent and warrant that you are of legal age of majority in your jurisdiction as is required to access such Sites and Services provided by DoinGud. Minors are not permitted to use the Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such minor children. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that DoinGud is in no way liable or responsible for your compliance or failure to comply with such laws. You further agree and warrant that your links to other social media accounts as well as the digital wallet you used to sign in or log into the DoinGud platform have been lawfully obtained and used by you and you have complied with all applicable laws and regulations.
By posting, publishing, or selling an NFT through the DoinGud Platform, you hereby represent and warrant that you own all legal right, title and interest in all intellectual property rights to the NFT and Metadata associated with such NFT, or you are legally authorized by the intellectual property owner to post, publish, or sell the NFT with associated Metadata on the DoinGud Platform. All NFTs posted and sold on the DoinGud Platform are to be lazy minted, meaning the NFT will be stored on servers managed by DoinGud unless these Terms specify differently and minted when a Collector chooses to purchase the NFT. In order to list any NFT for sale on the DoinGud Platform, you must provide all relevant information, define amounts of royalties on Primary and Secondary Market and the amounts to be donated to the Social Impact Organisation listed as the eligible SIO on the DoinGUd Platform. DoinGud does not provide any explicit warranty and holds no obligation or liability to you for storing, recovering or transferring any Metadata with your NFTs unless otherwise defined in these Terms.
By purchasing the NFTs posted through DoinGud Platform, you own the NFTs associated with certain Metadata, but you do not own any intellectual property rights over the NFT or associated Metadata except for the license expressly set forth herein.
For the purpose of issuing a Donation Letter or any other reasons defined by us, DoinGud may help evaluate or provide the SIO with information about the Creators or Collectors of the NFT purchased through the DoinGud Platform, would such information be made available by the Users. Such information may be provided for informational and legal purposes only. Users bear full responsibility for verifying the authenticity, legitimacy, identity of any NFT on the DoinGud Platform. We make no representations, guarantees or promises about the identity, legitimacy, or authenticity of the NFTs on the DoinGud Platform.
DoinGud is not a broker, financial institution, or creditor. The services provided on the DoinGud Platform are of administrative nature only. DoinGud smart contract facilitates transactions between buyers and sellers of an NFT, but DoinGud is not a party to any agreement between buyers and sellers of an NFT on the DoinGud Platform. We do not collect any revenue on the Platform via transaction fees, however, we might do so in the future if the community operating the underlying protocols so requires. There are gas fees and curators’ applicable fees which we display along with the other applicable fees (e.g. SIO donations, taxes, etc.) when you interact with the DoinGud Platform. For the avoidance of doubt, all NFTs transacted on the DoinGud Platform are considered “Digital Assets” as defined in these Terms. DoinGud reserves the right to be the final decision maker on any disputes arising from purchases via the DoinGud Platform, including in connection with any auctions or other purchase methods.
4.1 Connecting Ethereum Wallets
Secure access to the DoinGud Profile and Services is provided via a third party wallet and private key manager selected by you, e.g., a Metamask, Coinbase Wallet, WalletConnect or Magic Link ( “Wallet”). You represent and warrant that you and the third party private key manager you select are entirely responsible for security related to access of the DoinGud Platform and all information provided by you to such a third-party provider (including without limitation, name, address, email or phone number). You also represent and warrant that you understand all risks connected to transfer of funds, NFTs or other assets through different networks and all risks arising from switching between different networks (e.g. from Mainnet to Polygon, etc.). DoinGud bears no responsibility for any breach of security or unauthorized access to your Profile. You are advised to: (a) avoid any use of the same password with your selected third party private key manager that you have ever used outside of the third party private key manager; and (b) keep your password and any related secret information secure and confidential and do not share them with anyone else.
4.2 Creating a Profile
Once you have connected your Wallet, you may choose to create a profile on the Site by choosing a username and uploading a Profile Picture. If you choose to create a profile, you may choose a username with a minimum of six (6) characters. DoinGud may, in its sole discretion, delete your profile if we deem your username to be offensive or inappropriate.
4.3 Profile Management
By creating your Profile, you expressly acknowledge and agree to (a) provide accurate, up to date and complete information about yourself, (b) maintain and promptly update from time to time as necessary your information, (c) maintain the highest level of security of your password and other credentials and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us to [email protected] if you discover or otherwise suspect any difficulties with the Site, security breaches related to the Service or your Account. You further accept that due to the nature of the Site, DoinGud will likely be unable to remedy any issues that arise.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are further solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account.
4.4 Signing Out and Deletion of a Profile
You may sign out of the Site by disconnecting your Wallet from the Site at any time, for any reason. You can do this by going onto the Site, clicking “Connect to a wallet” and ”Disconnect”. DoinGud may also permanently delete your profile if it has reason to believe these Terms or the ethos of DoinGud have been breached.
5. Communication Preferences
By connecting your digital Wallet and signing up on our Site, you create a Profile and acknowledge that you will receive electronic communications from DoinGud (e.g., via email or by posting notices on the Platform). These communications are an integral part of our Services and the relationship you enter with us thus may include notices about your Profile (e.g., password changes and other information). You should provide a valid email address and make changes to your Profile if you want to receive our notices somewhere else.
DoinGud may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. DoinGud may also require you to provide additional information and documents in cases where it has reasons to believe your account and/or transactions made through your Account have been used, exploited or otherwise associated with illicit actions or breached these Terms.
You acknowledge and agree that DoinGud has the right to immediately suspend your account, pause, cancel and limit your access to the Services, User Account and your transactions until such additional information and documents are reviewed by DoinGud and any potential requirements applicable by the laws are fully satisfied. If you do not cooperate and choose not to provide complete and accurate information and documents in response to such a request, DoinGud may refuse to provide you access to the Site and may discontinue all the services of the Site to you and other accounts deemed to participate in such actions. DoinGud may also block your account and prevent access to our Service if it is discovered you provided false information and/or created multiple accounts.
You agree any notices with regard to such actions, agreements, disclosures or any other communications we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
7. User Content
All information and content a User of the Site submits to, or uses with, the Site (e.g. creators’ content, profile picture, usernames) shall be referred to as the “User Content” for which you are solely responsible. We do not make backups of your content and do not warrant it to be displayed and accessible at all times. User Account and Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining copies of your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You acknowledge and agree that your User Content is not in any way provided, sponsored or endorsed by DoinGud unless otherwise specifically agreed so.
7.1 (Un)Acceptable Use and Content
You acknowledge and agree not to violate any law, contract, intellectual property or other third-party rights, and that you are solely responsible for your conduct while accessing or using the Service on the Site. You explicitly agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party (ii) that is harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes discrimination, racism, bigotry, hatred, or is harmful to minors, depicts them in sexually suggestive situations or promotes physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
DoinGud has the right to remove or refuse to make User’s Content visible and available through DoinGud Platform and may limit the access, terminate or delete User’s Account, including their NFTs, (a) for any legitimate reason; and (b) when we have reason to believe User’s Content violates these Terms, infringes any intellectual property right of any person or entity, threatens the personal or commercial safety of Users of the DoinGud Platform or the public, or could create liability for DoinGud or other Users. DoinGud reserves the right to evaluate such reasons at its own discretion.
7.1.1 Content Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit DoinGud Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not (directly or indirectly) modify, decipher, disassemble, reverse compile or reverse engineer or otherwise attempt to make any derivative uses of DoinGud Site nor services provided on it, or any portion thereof; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; (d) use any data mining, robots or similar data gathering or extraction methods (e) download, frame or mirror (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.
7.1.2 Malicious Content
You hereby fully agree not to: (i) upload, transmit, or distribute to or through DoinGud Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through DoinGud Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the DoinGud Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the DoinGud Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the DoinGud Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (unless otherwise provided conditionally for the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING OR CONFIRMING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ANY INFORMATION YOU DISPLAY, CREATE, UPLOAD OR PURCHASE ON DOINGUD. NOTWITHSTANDING THE ABOVE, DOINGUD MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF THE INFORMATION ON THE PLATFORM.
7.2 Property Rights
All titles, ownership and intellectual property on DoinGud Site, including but not limited to, the visual graphics, design, systems, methods, information, computer code, software, a compilation of the content, data, and other proprietary information, content and elements of the Site are owned exclusively by DoinGud or its licensors (the “DoinGud Property”). You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except where expressly provided and agreed upon by DoinGud, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create any derivative works based on the Site, in whole or in part.
Except as expressly set forth in these Terms, your use of DoinGud Site does not grant you ownership of or any other rights with respect to any content that you may access on or through the Site.
DoinGud reserves all rights over the DoinGud Property and all content not expressly granted to you in the Terms.
7.3 DoinGud Licensing
DoinGud grants you a non-transferable, non-exclusive, revocable, limited license to use and access the DoinGud Platform for your own personal and non-commercial use.
Apart from the information provided on your Profile, you acknowledge and agree all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on the Site and its content are owned by DoinGud. No third party rights, titles or interest or intellectual property rights, except for the limited access and use expressly set forth herein, are being transferred to you with these Terms. There are no implied licenses granted under these Terms. DoinGud reserves all rights not granted with these Terms. All material and content provided on DoinGud Site, including but not limited to DoinGud designs, graphics, pictures, information, data, software, files, tags, metadata and other content, are the proprietary property of DoinGud and affiliates, licensors, and, if so applicable by these Terms, Users.
Notwithstanding these Terms, our Site may include software components provided by DoinGud, its affiliates or a third-party that is subject to separate license terms. In such cases the separate license terms will govern software components they apply to.
7.4 License to Your Content
In connection with your use of the DoinGud Services as described in Section 3 above, you may be able to post, upload, or submit content to be made available through the DoinGud Platform, including information on your Profile and Metadata associated with the NFT you wish to sell on the DoinGud Platform as a seller ( “User’s Content” or “Creator’s Content”).
By using the DoinGud Platform and uploading User’s Content or otherwise making your User’s Content available, you grant us an unlimited and irrevocable license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify User’s Content in any and all media or distribution methods (now know or later developed) solely as required to be able to successfully operate and provide services of the DoinGud Platform or for other technical and marketing or advertisment purposes of DoinGud (including but not limited to the technical devices such as smartphones, tablets and media channels we use to promote Users).
You agree that this license includes the right for us to provide, promote, and improve the DoinGud Platform and to make User’s Content available to other companies, organizations or individuals for the distribution, promotion or publication of User’s Content on other media and services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide and irrevocable (for so long as User’s Content is stored with us or via decentralised storage facilities), and include a right to make User’s Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the DoinGud Platform, and solely for purpose of providing the DoinGud Platform, and to otherwise permit access to disclose User’s Content to third parties if we determine such access is necessary to comply with our legal obligations.
As part of the foregoing permissions and license grant, you agree that the other Users of the DoinGud Platform shall have the right to tag your Profile or digital wallet address in a Collaborator’s segment when defining Royalties parameters as associated Metadata of the NFT sold on Primary and Secondary Market and/or to in good faith use, publish, display, modify or include a copy of your User’s Content as part of their own use of the DoinGud Platform. The foregoing shall not apply to any of your User’s Content that you post privately for non-public display on the DoinGud Platform.
When selling an NFT through the DoinGud Platform, Users grant to the Collector of the NFT a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT and associated Metadata solely for the following purposes:
for the Collector’s own personal use;
for Collector to publish such NFT on Collector’s profile through the DoinGud Platform and make it available on the Secondary Market, permitting a repurchase (e.g. instant sale or through auction mechanisms) of such NFTs, provided that the underlying blockchain protocols allow for cryptographic verification of each NFT’s owner’s rights to display and use the actual NFT and associated Metadata; and
for Collector to store, put on display, publish or sell the NFT on a third-party website or application that permits the inclusion, involvement, or participation of such NFT, provided that such medium also utilises the underlying blockchain protocol allowing for cryptographic verification of each NFT’s owner’s rights to display and use the NFT and associated Metadata.
As a Collector collecting NFTs through DoinGud Platform, you acknowledge and agree that the license described above and set forth herein only pertains to you until the NFT changes the ownership. If a Collector resells or otherwise transfers the NFT to another person, the license granted above is transferred to another Collector, who becomes the owner or holder of the NFT. With such transfer, the Collector transferring or selling the NFT no longer has the benefits granted above.
Users and DoinGud will not engage in any promotion or marketing of DoinGud, the DoinGud Platform, or any NFTs in a manner that is misleading or deceptive or not in compliance with applicable laws. Users and DoinGud will disclose any material connection between them in any such promotion in a clear and conspicuous manner, including in close proximity to any such marketing statements. Users will not promote, sell, market in any way or present the NFTs available on DoinGud Platform in a manner intended to give Collectors and others the impression that such NFTs are investment products or that they can expect capital appreciation or derive profits from the purchase of such NFTs, or indicate that such NFTs may be characterized as securities or any other form of regulated investment product in any applicable jurisdiction.
If requested by DoinGud, Users will reasonably cooperate with DoinGud to validate the authenticity of the Creator’s NFTs and Metadata thereof.
You agree that you will not have any claims against the DoinGud for any breach of these Terms by a Collector, including if they make commercial use of the NFT or associated Metadata and profit as a result of these Terms being breached.
7.4 Creator’s Passes
As part of the DoinGud Platform Launch, DoinGud offers a promo code providing an Early Access to Creator’s Tools on the DoinGud Platform (the “Creator’s Pass”) which only allows Creators that are invited or otherwise approved by DoinGud to publish and sell NFTs.
Users using Creator’s Passes hereby grant to DoinGud a perpetual, irrevocable and exclusive right and license to use, reproduce, display the Creator’s Content, specifically their NFTs, social media and other information available to DoinGud in connection with the promotion of the Creator’s Profile, Content and the DoinGud Platform.
DoinGud shall have the sole control over the promotion and marketing of the Creator’s NFTs and metadata thereof, including the sole discretion to select certain Creators to participate, be exhibited or presented in events hosted by DoinGud, in collaboration or supported by DoinGud and expose them on the Site, in galleries, exhibitions and through other means of communications and media release.
If requested by DoinGud, Users with Creative Pass will reasonably and promptly cooperate with DoinGud to support and promote the development and marketing of the Platform.
7.5 Notices for Claims of Copyright Infringement
DoinGud may, but is not obligated to, monitor User’s activity, the NFTs, Metadata and any other Creator’s or overall User’s Content uploaded to the DoinGud platform for any infringement of a third party’s intellectual property rights. However, DoinGud cannot undertake to review all such content before it is successfully uploaded or posted on the DoinGud Platform, and cannot ensure prompt removal of objectionable content after it has been made visible.
We do not assume any liability for any action regarding transmissions, communications, or content provided by any User or third party. If you have reason to believe that any Creator’s content appearing on the DoinGud Platform has been copied in a way that constitutes copyright infringement, you may submit a notification to DoinGud. To begin processing such notification about copyright infringement, it must be provided in writing and include the following information:
clear identification of the copyrighted work that is claimed to be infringed;
clear identification of the allegedly infringing material that is requested to be removed, including a description and a URL of where it is located on the DoinGud Platform, identification of the owner and Creator along with Collaborators where applicable;
information such as an address, telephone number, e-mail address, and a physical or electronic signature of the copyright owner, agent or any other authorised person acting on behalf of a copyright owner with a clear statement about you being the copyright owner or the authorized person to act on behalf of a copyright owner;
a clear and unambiguous statement that you have reason to believe and act in good-faith when making a notification about the copyright infringement regarding disputed content used by a person not authorised for such use by the copyright owner, agent or the law;
A statement, including all available evidence supporting that the information provided in such notification is accurate and under penalty of perjury.
It remains at our sole discretion to evaluate circumstances and disable, terminate and delete the accounts of Users who repeatedly infringe copyrights or intellectual property rights of others. Users who have uploaded or made such infringing materials available through the DoinGud platform may be notified about the complaints and provided with the opportunity to provide a counter-notification.
If a User has reason to believe that Creator’s Content or any other content was removed or User’s account disabled, terminated or deleted by mistake or misidentification, it is our policy to evaluate a notification raising such issue with us ( “Counter-Notification”), and it remains in our sole discretion to decide whether we can or may restitute the Content or provide the User with a possibility to repost such Content. To file a counter-notification with DoinGud, the User must provide a written communication containing the following information:
clear identification of the copyrighted work that you claim has been mistakenly removed or over which a copyright infringement claimed was made in perjury along with the URL address or other information identifying the location where such material was previously appearing;
information such as your address, telephone number, e-mail address, and a physical or electronic signature or the information of the copyright owner, agent or any other authorised person acting on behalf of a copyright owner who was or whose content was falsely removed, with a clear statement about you being the copyright owner or the authorized person to act on behalf of a copyright owner;
a clear and unambiguous statement that you have reason to believe and are acting in a good faith when making a Counter-Notification with DoinGud about the false removal of the Content or access to such Content;
A statement, including all available evidence supporting that the information provided in such Counter-Notification is accurate and under penalty of perjury.
DoinGud will forward such Counter-Notification to the person submitting the first notification about copyright infringement and give them ten (10) days to notify DoinGud about legal actions filing relating to the allegedly infringing material. If DoinGud does not receive any such notification within 10 days, DoinGud may decide in its sole discretion how to proceed with the Counter-Notification.
All such notifications described in Section 7 of these terms about copyright infringement or false treatment of such infringement may be submitted via mail to DoinGud AG, Holdener Treuhand AG, Birkenstrasse 47, 6343 Rotkreuz, Switzerland, Canton of Zug, and over the email to: [email protected] with subject marked as [Copyright Infringement].
DoinGud charges no Fees for its services but may change that in the future to support the architecture, platform and community development. Users might pay the fee for Curators when their NFTs are submitted, selected for exhibition and promotion and further sold through Curators’ pages. Curators are having their sole discretion to define the fees for hosting a drop in their exhibitions and may vary and fluctuate in time. DoinGud is not responsible for fees charged by the Curators. All Fees shall be subtracted and made visible when the Collector is making a purchase or other transactions. DoinGud reserves the right to change or amend the Fees and payment terms at any time at and at our sole discretion.
Creators are free to select the amounts of Royalties they will receive with the Primary Market Sale and the recurring royalties they will receive with the Secondary Market Sale. Creators may also define the amount of royalties for Collaborators. All Royalties shall be made visible in USDC cryptocurrency.
Creators may also select the amount of Donations to be received by the SIOs with Primary and Secondary Market Sales. By doing so, Creators set a ratio among the Royalties they receive and Donations received by the SIOs. Once the ratio is set and the NFT sold, Creators do not have the capacity to change payment terms, however, DoinGud reserves the right to change or amend such transactional terms at any time in the future.
Creators may put their NFTs on sale through different selling mechanisms, including but not limited to the instant sale, auctions or open editions. Creators can also submit their NFTs to the Pool and submit to the payment mechanisms selected by the Pool operators and Curators.
Collectors may participate in different payment mechanisms as proposed above. They may do so by connecting their third-party digital wallets and approving transactions through such wallets. Besides fees, Donations, and Royalties, Collectors will also have to pay any applicable gas fees required for the purchase of the NFT.
SIOs shall not be paying any fees for being listed among other SIOs having the opportunity to be selected as the ones Creators choose to support on the DoinGud platform. SIOs may have to pay gas fees or transaction fees when Claiming Donations and transferring such Claims to another network supported with a different underlying protocol or when making an exchange to fiat or other cryptocurrencies.
Please note that DoinGud Site is an alpha version of the DoinGud platform which is still undergoing final testing before its official release. DoinGud Site, platform, it’s software and all content found on it are provided on an “as is” and “as available” basis and may contain defects and software bugs. The content of DoinGud Sites has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
You understand and agree that you are solely responsible for the evaluation of all risks for yourself and that DoinGud does not provide any solicited or unsolicited advice or recommendation regarding the use of DoinGud Sites, any content thereafter, affiliates or third parties. You acknowledge that changes to third-party sites may create a risk that your access to and use of the Site will suffer.
You agree and acknowledge that you access and use DoinGud Site and its services at your own risk and that the risks mentioned herein do not present an exhaustive one. You are hereby advised to safeguard important data, property and content, to use caution, and not rely in any way on the correct or secure functionality or performance of the DoinGud Site.
DoinGud utilizes experimental cryptographic technologies and blockchain technologies, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in performing its Services. Users acknowledge and agree that such technologies are novel, experimental, and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto.
Cryptography is a progressing and developing field, and technology utilized in delivering the Services depends on public peer-to-peer networks such as Ethereum and Polygon that are not under the control or influence of DoinGud and are subject to many risks and uncertainties. Such technologies include a broader blockchain ecosystem, which DoinGud may have limited or no ability to change, other than ceasing to support certain “smart contracts” and adding proposals and support for new ”smart contracts”. Users are solely responsible for the safekeeping of the private key associated with the blockchain address used to participate in the DoinGud Services. DoinGud will not be able to restore or issue any refund in respect of any NFT transactions, Claims of Donations or any other transactions due to lost private keys. If a User is not able to spend or use an NFT or associated Metadata due to loss or theft of the corresponding private keys or otherwise, a User will be unable to exercise their rights with respect to such NFTs as proposed in these Terms. Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to the underlying network, the DoinGud Platform, NFTs, Metadata and other cryptocurrencies used on DoinGud Platform, including the theft, loss or inaccessibility thereof.
NFTs and associated Metadata as well as transactions happening through DoinGud Platform depend on the consensus mechanism, the underlying blockchain protocol and a set of smart contracts deployed on Ethereum, some of which may be coded or deployed by persons other than DoinGud. Once deployed to Ethereum, the code of smart contracts cannot be modified unless the underlying protocol specifies differently. In the event that the protocol, code or smart contracts are adversely affected by bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of Ethereum, Polygon network or any other underlying protocol and layer of blockchain infrastructure, the Users may be exposed to a risk of total loss and forfeiture of all their NFTs and associated Metadata. DoinGud assumes no liability or responsibility for any of the foregoing matters, except as otherwise expressly provided by these Terms or required by applicable law.
The fiat-denominated prices and value in public markets of assets such as ETH, NFTs, and other cryptocurrencies have historically been subject to dramatic fluctuations and are highly volatile. As a relatively nascent technology, blockchain-based products and services are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. The market value of any ETH, NFTs and cryptocurrencies may decline below the price for which a User acquires such asset through the DoinGud Platform or on any other platform. Users acknowledge and agree that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase or decrease dramatically at any time, resulting in a prolonged inability to access or use any ETHs, NFTs, or other digital assets and cryptocurrencies associated with the DoinGud Platform.
Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the DoinGud Platform, NFTs, associated Metadata and any other information and transaction happening through DoinGud Platform could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such assets and technologies.
Ethereum and other networks and consensus protocols, the NFTs, Metadata and other cryptographic tokens and currencies used on DoinGud Platform may be subject to “forks.” DoinGud may not be able to anticipate, control or influence the occurrence or outcome of forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, DoinGud does not assume any responsibility to notify Users of pending, threatened or completed forks.
YOU AGREE AND UNDERSTAND THAT DOINGUD WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, LOSS OF VALUE, DEPRECIATION OF YOUR PORTFOLIOS, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING DOINGUD, HOWEVER CAUSED AND ESPECIALLY WHEN CONNECTED TO THE REALISATION OF THE RISKS DESCRIBED ABOVE.
10. Third Parties
DoinGud Site may contain links to third-party websites and applications and might rely on third-party services to provide, process or otherwise use the information provided to and by the Users. DoinGud is not responsible for any third-party websites, applications and services. We use and provide such services for the reason of convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third parties. You use all third-party products and services at your own risk, our Terms and Policies do not govern your actions and actions of third parties unless explicitly so provided herein. You should review all applicable agreements and policies of any third party. If there is a dispute between you and any Site user, we are under no obligation to become involved. You hereby release and forever discharge DoinGud (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site, including any interactions with, or act or omission of, other Site users or any third-party products and services.
11. DoinGud Campaigns
DoinGud may from time to time design various contests, rewarding opportunities, tournaments, challenges and movements and events (all together collectively “Campaigns”) to encourage eligible Users to use their creativity, promote the social causes and build towards further development, functionalities and designs of DoinGud Sites.
When designing and launching such Campaigns and where applicable, DoinGud reserves the sole right to craft eligibility criteria for Users to enter and participate in such Campaigns, define prizes, winning criteria, and appoint judges who will choose the winning entries.
DOINGUD WILL NEVER ASK YOU FOR YOUR PERSONAL WALLET LOGIN INFO, SEED PHRASE, PRIVATE ADDRESS INFORMATION, OR ASK YOU TO SEND US MONEY/CRYPTOCURRENCY AT ANY POINT OF CAMPAIGNS.
NO PURCHASE WILL EVER BE NECESSARY TO ENTER OR WIN A DOINGUD CAMPAIGN. CAMPAIGN AND REWARDS ARE VOID WHERE PROHIBITED. ENTRIES IN CAMPAIGNS CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT MAY BE COMMUNICATED DURING SUCH CAMPAIGN.
You may not submit an entry or participate in any of DoinGud Campaigns if you are not eligible or lawfully permitted to receive the prizes described in pamphlets, brochures, on flyers, DoinGud owned social media channels, or any other document or form of information provided for the purpose of informing public about the Campaign ( “Campaign Information”). By entering or participating in DoinGud Campaigns, you agree to comply with and abide by these Terms and the decisions of the DoinGud judges, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept adjudicated decisions as final and binding as it relates to the content of the campaign.
Unless otherwise provided by specific Campaign terms and conditions, Users will be considered eligible for Campaigns, if their entries are: (i) complete (as determined by the Campaign Information; (ii) received by the deadline provided in Campaign Information; and (iii) in English (unless otherwise specified). Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. DoinGud accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, however caused. Proof of submitting the created artwork does not constitute proof of entry. All entries will be deemed made by the Users submitted at the time of entry. Further, unless specific Campaign Terms provide differently, Users shall be limited to one (1) entry per User. Any and all subsequent entries will be disqualified.
Unless otherwise provided with specific Terms of a Campaign, employees, interns, contractors, and official office-holders, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, as well as other members of DoinGud entities, their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not), are not eligible to participate in the Campaign. We reserve the right to make rules for participation less restrictive if the Campaign and rewarding system would so allow.
Where applicable and unless otherwise defined in specific Campaign terms and conditions, Users and their submissions to the Campaign will have to meet the following criteria ( “DoinGud Campaign Requirements”):
Submissions must not be derogatory, offensive, threatening, defamatory, disparaging, libellous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
Submissions must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the DoinGud Campaign and supporting statements and artworks are created.
Submissions must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark, representation of characters indicating a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
Submissions must be original, unpublished works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
Submissions cannot contain any content, element, or material that violates a third party's publicity, privacy or intellectual property rights.
Users’ submission is not subject to any actual or threatened litigation or claim.
User does not include any disparaging remarks relating to the Sponsor or a third party.
User’s artwork is submitted in prescribed form and made available to the judges through channels indicated in Campaign Information.
By entering a Campaign and submitting what’s required for participating in a specific Campaign as described in Campaign Information, you understand and agree that DoinGud and anyone else acting on behalf of the DoinGud or its respective licensees, successors, affiliates and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, exhibit and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your submission and entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
11.3 Entrants Representations and Warranties
By entering Campaign, Users represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the DoinGud. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless DoinGud from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which DoinGud may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
11.4 Entrants Indemnification
To the maximum extent permitted by law, Users indemnify and agree to keep indemnified DoinGud at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the User and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Users agrees to defend, indemnify and hold DoinGud harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any submission, statements or other material uploaded or otherwise provided by the User that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by the User in connection with the Campaign; (iii) any non-compliance by the User with these Terms; (iv) claims brought by persons or entities other than the parties to these Terms arising from or related to the User’s involvement with the Campaign; (v) acceptance, possession, misuse or use of any prize or participation in any Campaign-related activity or participation in the Campaign; (vi) any malfunction or other problem with the Campaign in relation to the entry and participation in the Campaign by the User; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Campaign by the User and in the voting process by the judges; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Campaign by the User.
11.5 Entrants Elimination
Any false information provided within the context of the Campaign by the User concerning identity, ETH or Polygon crypto address, mailing address, telephone number, email address, ownership of right or non-compliance with these Terms or the like may result in the immediate elimination of the User from the Campaign and their inability to participate successfully.
DoinGud's failure to enforce any term of these Terms will not constitute a waiver of that or any other provision. DoinGud reserves the right to disqualify Users who violate the Terms or interfere with this Campaign in any manner. If a User is disqualified, DoinGud reserves the right to terminate that User’s eligibility to participate in the Campaign.
Any attempt by User to deliberately damage any website or undermine the legitimate operation of DoinGud may be a violation of criminal and civil laws. Should such an attempt be made, DoinGud reserves the right to seek damages to the fullest extent permitted by law.
If for any reason the Campaign is not capable of proceeding as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Campaign, DoinGud reserves the right at its sole discretion to cancel, terminate, modify or suspend the Campaign.
By entering the Campaign, Users agree to release and hold DoinGud and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not by (i) such User’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Campaign; (iii) electronic or human error in the administration of the DoinGud or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
DoinGud Campaigns can be local or open worldwide and void where prohibited by law.
All statements contained in these Terms, webpage, statements made in press releases or in any place accessible by the public and oral statements that may be made by DoinGud, its founders, team members and any third party involved in the project and acting on behalf of DoinGud, that are not statements of historical fact constitute “forward-looking statements”.
Neither DoinGud, its founders, team members, any third party involved in the project nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of DoinGud will be as discussed in these “forward-looking statements.”
No information in these Terms should be considered to be business, legal, financial or advice regarding contribution or participation to the development of the DoinGud and any of its projects. The information contained on these Terms and conditions are of descriptive nature only.
DoinGud does not make or intends to make, and hereby disclaims, any representation, warranty or undertaking in any form whatsoever to any entity or person, including any representation, warranty or undertaking in relation to the truth, accuracy, and completeness of any of the information set out in these Terms.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DOINGUD, ITS DIRECTORS, OFFICERS AND EMPLOYEES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) ANY DATA THAT YOU DISCLOSE WHEN YOU ACCESS AND USE THE SITE WILL BE SECURE.
DoinGud does not warrant and represent for any of the following: the use or the inability to use the site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the site or; any actions doingud takes or fails to take as a result of communications you send; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation on the site); any injury or damage to computer equipment; inability to fully access the site or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the site.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT THE DOINGUD, ITS DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE.
DOINGUD, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM, POLYGON OR ANY OTHER NETWORK OR THE METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, ETHEREUM, POLYGON OR ANY OTHER NETWORK, AND DISTRIBUTED LEDGER TECHNOLOGIES OR THE METAMASK OR OTHER ELECTRONIC WALLET.
DOUNGUD IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE ETHEREUM, POLYGON OR ANY OTHER NETWORK OR THE METAMASK OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE UNDERLYING NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Nothing in these Terms shall exclude or limit the liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
We may modify these Terms from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our Terms with respect to this Site. We encourage you to check the Site frequently to see the current Terms in effect and any changes that may have been made.
We reserve the right to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, features, data, text, music, sound, photographs, graphics, video, messages or other materials (the “Content”), without any notice to you, and will not be liable to you or to any third party for doing so.
By using the Site following any modifications to the Terms you agree to be bound by the modifications.
14. Limitation of Liability
To the fullest extent permitted by applicable law: (i) in no event will the DoinGud or any of the company parties, its affiliates or their licensors, service providers, employees, agents officers or directors be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to these terms, or the use, or inability to use, the Site, any Sites linked to it, any content on the Sites or such other Sites, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and (ii) in no event will the aggregate liability of DoinGud and DoinGud parties (jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms.
DoinGud cannot and will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your Account.
16. Governing Law and Jurisdiction
These Terms, your access to and use of the Site shall be governed by and construed in accordance with the internal laws of Switzerland without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction).
17.1 Amicable resolution of disputes
Parties hereby agree to use their best efforts to engage directly and amicably settle any disagreement, claim or dispute and resolve it in good faith negotiations. Such negotiations shall be considered as a condition to either party initiating a dispute resolution mechanism. Any such dispute arising out of or related to these Terms is personal to you and DoinGud. In the case of a dispute, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution.
17.2 Binding Arbitration
If the parties do not reach an agreed-upon solution within a period of 60 days from the time the dispute was raised over the email in accordance with 16.1, either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
If you and Doingud are unable to reach an agreed-upon solution within a period of thirty (30) days from the time initial dispute resolution is pursued, then either you or DoinGud may initiate binding arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The number of arbitrators shall be one unless the parties jointly agree to a panel of three. The seat of the arbitration shall be in the Canton of Zug, Switzerland. The language(s) used during arbitration is primarily English, Parties are allowed to choose another language as permitted by the law. The governing law, as stated above, shall be the internal laws of Switzerland.
17.3 Dispute Resolution with USA Residents
If you are residing in the United States of America (USA), the following terms require you to arbitrate all disputes with DoinGud and limits the manner in which you can seek relief from us:
Any Dispute shall be referred to and finally determined by binding and confidential arbitration in accordance with the JAMS International Arbitration Rules (“JAMS Rules”), hereby incorporated by reference and available on JAMS’ website.
This Agreement affects interstate commerce and the enforceability of this clause 14.4 will be both substantively and procedurally governed by and construed and enforced in accordance with the United States Federal Arbitration Act, 9 U.S.C. §1 et seq. ( “FAA”), to the maximum extent permitted by applicable law.
The arbitral tribunal shall consist of a sole arbitrator. Only as limited by the FAA, this Agreement and the JAMS Rules, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes and shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The seat or place of arbitration will be New York. The language to be used in the arbitration proceedings shall be English. You agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. This 17.3 clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of the applicable jurisdiction.
17.4 Class Action waiver
Parties further agree there will be no class arbitration or any other dispute which an individual attempts to resolve as a representative of another individual or group of individuals. Both Parties explicitly and expressly waive the right to file a class action or seek any other form of relief on a class basis.
Shall any court or arbitrator proclaim the class action waiver set forth above is void or unenforceable for any reason or that arbitration can proceed on a class basis, the arbitration provision set forth with this Terms shall be deemed null and void in its entirety. Parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out by emailing DoinGud at [email protected]. The notice must be sent within thirty (30) days of the first use of the Site, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these Terms.
18. Enforcement of Claims
You acknowledge and agree that DoinGud assumes no obligations to help Users enforce any claims they might have towards each other or towards third parties, which would result from any of their engagements through the DoinGud Platform.
You shall have a right to terminate your Account at any time by cancelling and discontinuing your access to and use of the Site. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event. You agree that any suspension or termination of your access to the Site may be without prior notice and that DoinGud (and its officers and employees) will not be liable to you or to any third party for any such suspension or termination. If we suspend or terminate your Account due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies DoinGud may have at law or in equity.
Upon any termination or expiration of your Account, whether by you or us, you may no longer have access to information that you have posted on the Site or that is related to your Account, and you acknowledge that DoinGud will have no obligation to maintain any such information in the relevant databases or to forward any such information to you or to any third party. Upon termination of your Account, your right to use the Site will immediately cease.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision unless otherwise specified with these Terms.
The following provisions of these Terms survive any termination of these Terms: USER CONTENT; RISKS; DISCLAIMERS; THIRD-PARTIES; LIMITATION OF LIABILITY; INDEMNIFICATION; DISPUTES; TERMINATION; CONTACT.
22. Get in Touch
We may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.
To contact us with any questions or concerns in connection with these Terms, or the Site, use the relevant contact information set forth above at [email protected].