+
+ This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made
+ between you, whether personally or on behalf of an entity (“user” or “you” or “developer”)
+ and the Dora Grant DAO Foundation, the Matsushiba Foundation, both of which are Cayman
+ Islands foundations (collectively, the “Company” or “we” or “us” or “our”), concerning your
+ access to and use of the website at{' '}
+ https://dorafactory.org, any services linked to this
+ Agreement, and any other media form, media channel, mobile website or mobile application
+ related or connected thereto (collectively, the “Website”).
+
+
+ The Website, Dora Vota's block explorer, MACI/aMACI explorers, and the Token Migration
+ interface are provided by Matsushiba Foundation (“MF”); the Public Good Staking portal
+ described below is provided by Dora Grant DAO Foundation (“DGD”). MF is not responsible for
+ Public Good Staking and DGD is not responsible for other aspects of the Website and
+ functionalities.
+
+
+
+ Note: This Agreement has an arbitration provision, which provision is contained below
+ under the heading “Disputes and Choice of Law”. To the maximum extent permitted by law,
+ you agree that disputes between you and company will be resolved by binding, individual
+ arbitration, and you waive your right to a trial by jury or to participate as a plaintiff
+ or class member in any purported class action or other representative proceeding.
+
+
+
+
+ The Website provides access to the following functions:
+
+ -
+ Staking: Subject to these Staking Terms of
+ Use, we operate and monitor validator nodes and software to perform non-custodial
+ validation-as-a-service or otherwise participate in staking protocols in connection with
+ Digital Assets solely for supported blockchains (the “staking functions”). The staking
+ functions are strictly offered on a non-custodial basis. Additionally, you authorize
+ Dora Factory to exercise your voting rights associated with Digital Assets that you
+ delegate to our validator addresses; provided, however, that (i) voting rights are only
+ applicable for certain supported blockchains, and (ii) we may exercise voting rights
+ solely at our own discretion, and we are under no obligation to exercise voting rights
+ on your behalf. Notwithstanding the foregoing, you also retain a right to exercise such
+ voting rights associated with any such Digital Assets and, subject to the protocols of
+ the applicable supported blockchain, may exercise those rights before we do or may
+ change any vote that we cast after we have done so.
+
+ -
+ Public Good Staking: This is an
+ infrastructure by which institutions and individuals can support ecosystems through the
+ staking of tokens. Some ecosystems are yet to be generally available for Public Good
+ Staking. This part of the website includes a published dashboard for all the
+ nodes/validators available for Public Good Staking, as well as a list of all governance
+ proposals and voting results Dora Factory has made on behalf of the nodes/validators.
+
+ -
+ Vota Explorer: This is a website that
+ displays voting rounds and related information on Dora Vota special-purpose blockchain.
+ Information displayed on this website includes but is not limited to voting round
+ information, voting transactions, voting logics (expressed in circuits), zero-knowledge
+ proof information. The website also provides an interface for users to deploy voting
+ rounds and an interface for users to vote in a voting round.
+
+ -
+ QRNG API: An experimental API service to
+ generate random numbers from cloud-based quantum computers. The API is only available
+ for a limited number of requests.
+
+ -
+ Token Migration: An interface that provides
+ access to a protocol migrating DORA tokens from Ethereum network to Dora Vota’s network.
+
+
+
+
+ All of the foregoing shall be referred to collectively as the “Functions”. Supplemental
+ terms and conditions or documents that may be posted on the Website from time to time, are
+ hereby expressly incorporated into this Agreement by reference.
+
+
+ Company makes no representation that the Website or Company Functions are appropriate or
+ available outside Cayman Islands. The Website and Company Services are not intended for
+ distribution to or use by any person or entity in any jurisdiction or country where such
+ distribution or use would be contrary to law or regulation or which would subject Company to
+ any registration requirement within such jurisdiction or country and some of the Company
+ Services may not be available in certain jurisdictions (“Excluded Jurisdictions”) or are
+ barred from using the Website and Company Services by export controls, sanctions or other
+ laws (“Excluded Individuals”). Accordingly, those persons who choose to access the Website
+ or Company Services from other locations do so on their own initiative and are solely
+ responsible for compliance with local laws, if and to the extent local laws are applicable.
+
+ Eligibility
+
+ You cannot register for or use the Website or Company Services if you do not have legal
+ capacity to enter contracts and are resident or accessing the Website or Company Services
+ from any Excluded Jurisdiction or are an Excluded Individual.
+
+
+ All users who are minors in the jurisdiction in which they reside (generally under the age
+ of 18) must have the permission of, and be directly supervised by, their parent or guardian
+ to use the Website. If you are a minor, you must have your parent or guardian read and agree
+ to this Agreement prior to you using the Website. Persons under the age of 13 (or under the
+ age of 16 for residents of the United Kingdom and the European Union) or in an Excluded
+ Jurisdiction are not permitted to register for the Website or use the Company Services.
+
+
+
+ You accept and agree to be bound by this agreement by acknowledging such acceptance during
+ the registration process (if applicable) or by accessing and using the Website and Company
+ Services. If you do not agree to abide by this Agreement, or to modifications that Company
+ may make to this agreement in the future, do not use or access or continue to use or
+ access the Company Services or the Website.
+
+
+
+ Digital Assets
+
+ The Company Services may allow developers and users to donate and store locally on their own
+ devices, tokens, cryptocurrencies and other crypto or blockchain-based digital assets
+ (collectively, “Digital Assets”). Digital Assets are not intended to be securities or for
+ investment purposes.
+
+
+ Accounts and Wallets
+
+ You do not need an account to use the Website and Company Services; however, you do need a
+ wallet hosted by one of the accepted wallet providers—ERC 20, Cosmos or Aptos (“Wallet”) to
+ engage in Staking, Public Good Staking, or Token Migration.
+
+
+ If you create an account, you agree to provide complete and accurate information for that
+ account and keep that account updated. You are responsible for the safety and security of
+ any credentials required to access your account or Wallet. You are responsible for all
+ transactions on the Website or Company Services using your Wallet or account, whether
+ authorized or not.
+
+
+ Staking
+
+ You agree and understand that this Staking Agreement is subject to the terms and conditions
+ set forth in your User Agreement(s), which also govern this Staking Agreement. In case of
+ conflict, the User Agreement(s) shall control. You further agree and understand that the
+ defined terms used in this Staking Agreement, if defined in your User Agreement(s), shall
+ have the meanings set forth in your User Agreement(s). Your use of our Staking service must
+ comply with your User Agreement(s).
+
+
+ You agree and understand that by accessing or using Staking following any change to this
+ Staking Agreement, your access or use of Staking shall constitute your agreement to the
+ amended Staking Agreement, and you agree to be legally bound by its terms and conditions as
+ amended. You should, therefore, read this Staking Agreement from time to time. If you do not
+ agree to be bound by this Staking Agreement, you should not access or use Staking.
+
+
+ Permission
+
+ Subject to the terms and conditions set forth in this Staking Agreement, we hereby grant to
+ you a non-assignable, non-exclusive, worldwide, and royalty-free limited license to use our
+ Staking service. You may not use the Staking service if (a) you are not at least 18 years
+ old and do not have the legal capacity to enter into this Staking Agreement, (b) you are a
+ person barred from using Staking under the applicable laws of the United States or other
+ countries, including the country in which you are resident or from which you use Staking,
+ and (c) you do not agree to be legally bound by the terms and conditions of this Staking
+ Agreement in their entirety.
+
+
+ Availability
+
+ When you hold certain supported Digital Assets in your wallet you may be given the option to
+ “stake” these assets in a proof of stake network via staking services provided by Dora
+ Factory. Dora Factory Staking Services are not currently available to customers in sanction
+ countries and certain other jurisdictions.
+
+
+ The Service; Rewards; Services Fee; Limitations
+
+ If you instruct Dora Factory to stake your assets, Dora Factory or a Staking Services
+ Provider will facilitate the staking of those assets on your behalf by acting as a
+ transaction validator on the applicable network for the supported Digital Asset you stake.
+
+
+ If Dora Factory or the Staking Services Provider successfully validates a block of
+ transactions in that supported Digital Asset, you will earn a reward granted by that
+ supported Digital Asset’s network. The timing and amount of your reward will be determined
+ by the protocols of the applicable network. Dora Factory does not determine the timing or
+ amount of your reward. There may be a delay between when you choose to stake your supported
+ Digital Asset and when you start owing rewards because each network protocol’s activation
+ queue determines when rewards start accruing.
+
+
+ Dora Factory will distribute any earned rewards to you after receipt by Dora Factory, minus
+ a Staking Services Fee of 5%–100% of the rewards determined by the protocol. Some of the
+ Staking Services Fee is used to pay ‘gas’ fees, third party fees, and infrastructure costs
+ associated with staking and the remainder is retained by Dora Factory.
+
+
+ Some Digital Asset networks subject staked assets to “slashing” if the transaction validator
+ representing those assets incorrectly validates a transaction. Dora Factory and/or the
+ Staking Services Provider will use commercially reasonable efforts to prevent any staked
+ assets from slashing; however, in the event they are, unless otherwise provided in this
+ Staking Agreement or your User Agreement, Dora Factory will promptly replace your assets at
+ no additional cost. For the avoidance of doubt, Dora Factory will not replace assets subject
+ to slashing as a result of network, network provider, or operator errors, or any other basis
+ covered by this Staking Agreement or in the Disclaimer of Liability or Force Majeure
+ sections of your User Agreement.
+
+
+ Some Digital Asset Networks may impose a waiting period while staking, during which your
+ staked assets will be restricted from transfer or sale (“Unbonding Period”). If you instruct
+ Dora Factory to unstake your assets, you will not have access to your assets until the
+ expiration of any applicable Unbonding Period. Dora Factory may also impose an additional
+ waiting period in order to facilitate transfer of your assets to your Dora Factory Account
+ after the expiration of any applicable Unbonding Period. If rewards are collected on your
+ staked assets during an Unbonding Period, Dora Factory will credit these rewards to your
+ Dora Factory Account.
+
+
+ No Guarantee of Rewards
+
+ The staking rewards and reward rates vary by the networks. This rate is an estimate and may
+ change over time. Dora Factory DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY STAKING REWARDS,
+ INCLUDING THE STAKING REWARDS RATES.
+
+
+ Governance and Voting
+
+ For certain Digital Assets, the underlying protocols offer stakers the ability to vote on
+ matters related to the governance of protocol-level issues. Dora Factory may or may not
+ support voting for such assets, and may cease supporting voting at any time in its
+ discretion. In certain cases, Dora Factory may vote on your behalf where Dora Factory or the
+ applicable protocol does not support delegated voting. In such instances, Dora Factory will
+ vote in favor of the decision that it believes supports the most use cases for Dora Factory
+ users.
+
+
+ Suspension or Termination
+
+ You agree and understand that we may, in our sole discretion, change, suspend, discontinue,
+ or terminate any aspect of our Staking service, or its availability to you, at any time and
+ without notice.
+
+
+ Warranties and Limitation of Liability
+
+ You represent and warrant that you have the requisite authority to enter into this Staking
+ Agreement according to its terms, and its performance does not violate any laws,
+ regulations, or agreements applicable to you.
+
+
+
+ The Staking service is provided on an “as is” basis. You and your affiliates disclaim any
+ and all express or implied warranties, including, any warranties of merchantability,
+ fitness for a particular purpose or use, or of non-infringement or any other violation of
+ any third party intellectual property rights. We and our affiliates do not guarantee or
+ make any warranty concerning the accuracy or reliability of the staking service, and
+ disclaim any and all liability (whether in tort or contract or otherwise) for any direct,
+ indirect, incidental, special, or consequential loss or damage arising from any delay or
+ loss of access to the staking service, or otherwise in connection with the Staking
+ service, staking rewards, or staked digital assets.
+
+
+
+
+ To the maximum extent permitted under applicable law, and notwithstanding any of the
+ foregoing, we will have no liability under this staking agreement. For the avoidance of
+ doubt, the warranties and limitations of liability set forth in this section are in
+ addition to, and not in place of, those set forth in the user agreement.
+
+
+
+ Public Good Staking
+
+ Public Good Staking allows users to stake certain tokens to Dora Factory’s node validators.
+
+
+ Public Good Staking is conducted through staking tokens using a Wallet to interact with
+ related smart contracts or allocate tokens through smart contracts. Each ecosystem will have
+ minimum and maximum periods to the staking of tokens. Each ecosystem will also have
+ requirements when users unstake tokens from our validators.
+
+
+ Dora Factory might from time to time, in its sole direction, decide to implement incentive
+ programs for users to participate in Public Good Staking. Such incentive programs will be
+ determined solely by Dora Factory, and be published on Dora Factory’s social media accounts
+ or websites. Users might also receive governance credit for use in connection with voting
+ relating to that ecosystem.
+
+
+
+
+ You accept and agree to be bound by this Agreement by acknowledging such acceptance during
+ the registration process (if applicable) or by accessing and using the Website and Company
+ Services. If you do not agree to abide by this Agreement, or to modifications that Company
+ may make to this Agreement in the future, do not use or access or continue to use or
+ access the Company Services or the Website.
+
+
+
+ Token Migration
+
+ The Token Migration interface allows you to access a protocol that migrates your
+ Ethereum-based ERC-20 DORA tokens to the Dora Vota network (i.e., a CosmosSDK appchain). You
+ may be required to pay a “gas” fee associated with interacting with the Ethereum blockchain
+ network, and you are solely responsible for these fees and costs. Once you initiate a
+ migration, it cannot be modified, reversed, or otherwise altered, and the originating
+ Ethereum-based ERC-20 DORA tokens will be unrecoverable. While migration will typically be
+ completed within 48 hours, delays may occur due to network congestion.
+
+
+ Your Responsibility in Token Migration
+
+ You are solely responsible for ensuring that you own and have access to the network
+ addresses used in the Token Migration interface. We cannot and are unable to verify the
+ ownership of your network addresses. You are also solely responsible for ensuring that your
+ Ethereum Wallet is properly connected and that the Dora Vota network address you entered is
+ correct and complete. Any errors in your network addresses, specifically your Dora Vota
+ network address, whether due to human error, technical failure, or other causes, may result
+ in irreversible loss of your Digital Assets. We are not liable for any damages you may
+ suffer as a result of any incorrect or incomplete network address, or your loss of access to
+ your Wallet or network address, including permanent loss of Digital Assets, failed
+ transactions, or the inability to access your Digital Assets. You own and control the
+ Digital Assets in your Wallet and network address, and are solely responsible for their
+ security. We do not have control or custody over the content and Digital Assets in your
+ Wallet or network address.
+
+ Smart Contract Risks
+
+ By using the Token Migration interface, you agree and understand that your use is at your
+ own risk. You are interacting directly with smart contracts on the networks, which involves
+ inherent risks, including, but not limited to, bugs, exploits, technical issues, errors, and
+ other potential vulnerabilities, and we are not liable for any such risks. We do not execute
+ any transactions on your behalf. Any transactions initiated by you on the smart contracts
+ cannot be modified or reversed.
+
+ Availability
+
+ We reserve the right to modify, suspend, or terminate the Token Migration interface at any
+ time without notice to you. We do not guarantee and warrant that the Token Migration
+ interface will always be available to you. The Token Migration interface is not currently
+ available to customers in sanction countries and certain other jurisdictions, specifically
+ customers residing in Excluded Jurisdiction or who are Excluded Individuals.
+
+ Disclaimers
+
+
+ The Token Migration interface is a non-exclusive means to facilitate access to the
+ relevant protocol and/or smart contracts, and is provided on an “as is” basis. We and our
+ affiliates disclaim any and all express or implied warranties, including, any warranties
+ of merchantability, fitness for a particular purpose or use, or of non-infringement or any
+ other violation of any third party intellectual property rights. We and our affiliates do
+ not guarantee or make any warranty concerning the accuracy or reliability of the Token
+ Migration interface, and disclaim any and all liability (whether in tort or contract or
+ otherwise) for any direct, indirect, incidental, special, or consequential loss or damage
+ arising from any delay or loss of access to the Token Migration interface, including the
+ bridging smart contract or otherwise in connection with the Token Migration interface.
+
+
+
+ User Representations
+ Regarding Your Registration
+
+ By using the Company Services, you represent and warrant that:
+
+ - all registration information you submit is truthful and accurate;
+ - you will maintain the accuracy of such information;
+ -
+ you will keep your password confidential and will be responsible for all use of your
+ password and account;
+
+ -
+ you are not a minor in the jurisdiction in which you reside, or if a minor, you have
+ received parental permission to use this Website; and
+
+ -
+ your use of the Company Services does not violate any applicable law or regulation.
+
+
+
+
+ You also agree to: (a) provide true, accurate, current and complete information about
+ yourself as prompted by the Website’s registration form and (b) maintain and promptly update
+ registration data to keep it true, accurate, current and complete. If you provide any
+ information that is untrue, inaccurate, not current or incomplete, or Company has reasonable
+ grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
+ Company has the right to suspend or terminate your account and refuse any and all current or
+ future use of the Website (or any portion thereof).
+
+
+ We reserve the right to remove or reclaim or change a user name you select if we determine
+ appropriate in our discretion, such as when the user name is obscene or otherwise
+ objectionable or when a trademark owner complains about a username that does not closely
+ relate to a user's actual name.
+
+
+ Regarding Content You Provide
+
+ The Website may invite you to chat or participate in blogs, message boards, online forums
+ and other functionality and may provide you with the opportunity to create, submit, post,
+ display, transmit, perform, publish, distribute or broadcast content and materials to
+ Company and/or to or via the Website, including, without limitation, text, writings, video,
+ audio, photographs, graphics, comments, suggestions, subjects or personally identifiable
+ information or other material (collectively “Contributions”). Any Contributions you transmit
+ to Company will be treated as non-confidential and non-proprietary. When you create or make
+ available a Contribution, you thereby represent and warrant that:
+
+
+ -
+ the creation, distribution, transmission, public display and performance, accessing,
+ downloading and copying of your Contribution does not and will not infringe the
+ proprietary rights, including but not limited to the copyright, patent, trademark, trade
+ secret or moral rights of any third party;
+
+ -
+ you are the creator and owner of or have the necessary licenses, rights, consents,
+ releases and permissions to use and to authorize Company and the Website users to use your
+ Contributions as necessary to exercise the licenses granted by you under this Agreement;
+
+ -
+ you have the written consent, release, and/or permission of each and every identifiable
+ individual person in the Contribution to use the name or likeness of each and every such
+ identifiable individual person to enable inclusion and use of the Contribution in the
+ manner contemplated by this Website;
+
+ -
+ your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or
+ otherwise objectionable (as determined by Company), libelous or slanderous, does not
+ ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent
+ overthrow of any government, does not incite, encourage or threaten physical harm against
+ another, does not violate any applicable law, regulation, or rule, and does not violate
+ the privacy or publicity rights of any third party;
+
+ -
+ your Contribution does not contain material that solicits personal information from anyone
+ under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not
+ violate any law concerning child pornography or otherwise intended to protect the health
+ or well-being of minors;
+
+ -
+ your Contribution does not include any offensive comments that are connected to race,
+ national origin, gender, sexual preference or physical handicap; and
+
+ -
+ your Contribution does not otherwise violate, or link to material that violates, any
+ provision of this Agreement or any applicable law or regulation.
+
+
+
+ Contribution License
+
+ By posting Contributions to any part of the Website or Company Services, or making them
+ accessible to the Website or Company Services by linking your account to any of your social
+ network accounts, you automatically grant, and you represent and warrant that you have the
+ right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable,
+ perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and
+ license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
+ archive, store, cache, publicly perform, publicly display, reformat, translate, transmit,
+ excerpt (in whole or in part) and distribute such Contributions (including, without
+ limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to
+ prepare derivative works of, or incorporate into other works, such Contributions, and to
+ grant and authorize sublicenses of the foregoing. The use and distribution may occur in any
+ media formats and through any media channels. Such use and distribution license will apply
+ to any form, media, or technology now known or hereafter developed, and includes our use of
+ your name, company name, and franchise name, as applicable, and any of the trademarks,
+ service marks, trade names and logos, personal and commercial images you provide. Company
+ does not assert any ownership over your Contributions; rather, as between us and you,
+ subject to the rights granted to us in this Agreement, you retain full ownership of all of
+ your Contributions and any intellectual property rights or other proprietary rights
+ associated with your Contributions.
+
+
+ Company has the right, in our sole and absolute discretion, to (a) edit, redact or otherwise
+ change any Contributions, (b) re-categorize any Contributions to place them in more
+ appropriate locations or (c) pre-screen or delete any Contributions that are determined to
+ be inappropriate or otherwise in violation of this Agreement.
+
+
+ By uploading your Contributions to the Website, you hereby authorize Company to grant to
+ each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free,
+ fully-paid license to access, download, print and otherwise use your Contributions for their
+ internal purposes and not for distribution, transfer, sale or commercial exploitation of any
+ kind.
+
+
+ Guidelines for Reviews
+
+ Company may accept, reject or remove reviews in its sole discretion. Company has absolutely
+ no obligation to screen reviews or to delete reviews, even if anyone considers reviews
+ objectionable or inaccurate. Those persons posting reviews should comply with the following
+ criteria: (a) reviewers should have firsthand experience with the person/entity being
+ reviewed; (b) reviews should not contain: offensive language, profanity, or abusive, racist,
+ or hate language; discriminatory references based on religion, race, gender, national
+ origin, age, marital status, sexual orientation or disability; or references to illegal
+ activity; (c) reviewers should not be affiliated with competitors if posting negative
+ reviews; (d) reviewers should not make any conclusions as to the legality of conduct; and
+ (e) reviewers may not post any false statements or organize a campaign encouraging others to
+ post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not
+ represent the views of Company or of any affiliate or partner of Company. Company does not
+ assume liability for any review or for any claims, liabilities or losses resulting from any
+ review. By posting a review, the reviewer hereby grants to Company a perpetual,
+ non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to
+ Company to reproduce, modify, translate, transmit by any means, display, perform and/or
+ distribute all content relating to reviews.
+
+
+ Mobile Application License
+ Use License
+
+ If you are accessing the Company Services via a mobile application, then Company grants you
+ a revocable, nonexclusive, non-transferable, limited right to install and use the
+ application on wireless handsets owned and controlled by you, and to access and use the
+ application on such devices strictly in accordance with the terms and conditions of this
+ license. You shall use the application strictly in accordance with the terms of this license
+ and shall not:
+
+
+ -
+ decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt
+ the application;
+
+ -
+ make any modification, adaptation, improvement, enhancement, translation or derivative
+ work from the application;
+
+ -
+ violate any applicable laws, rules or regulations in connection with your access or use of
+ the application;
+
+ -
+ remove, alter or obscure any proprietary notice (including any notice of copyright or
+ trademark) of Company or its affiliates, partners, suppliers or the licensors of the
+ application;
+
+ -
+ use the application for any revenue generating endeavor, commercial enterprise, or other
+ purpose for which it is not designed or intended;
+
+ -
+ make the application available over a network or other environment permitting access or
+ use by multiple devices or users at the same time;
+
+ -
+ use the application for creating a product, service or software that is, directly or
+ indirectly, competitive with or in any way a substitute for the application;
+
+ -
+ use the application to send automated queries to any website or to send any unsolicited
+ commercial email; or
+
+ -
+ use any proprietary information or interfaces of Company or other intellectual property of
+ Company in the design, development, manufacture, licensing or distribution of any
+ applications, accessories or devices for use with the application.
+
+
+
+ Terms Applicable to Apple and Android Devices
+
+ The following terms apply when you use a mobile application obtained from either the Apple
+ Store or Google Play to access the Company Services. You acknowledge that this Agreement is
+ concluded between you and Company only, and not with Apple Inc. or Google, Inc. (each an
+ “App Distributor”), and Company, not an App Distributor, is solely responsible for the
+ Company application and the content thereof.
+
+
+ -
+ Scope of license: The license granted to you for the Company application is limited to a
+ non-transferable license to use the Company application on a device that utilizes the
+ Apple iOS or Android operating system, as applicable, and in accordance with the usage
+ rules set forth in the applicable App Distributor terms of service.
+
+ -
+ Maintenance and support: Company is solely responsible for providing any maintenance and
+ support services with respect to the Company application, as specified in this Agreement,
+ or as required under applicable law. You acknowledge that each App Distributor has no
+ obligation whatsoever to furnish any maintenance and support services with respect to the
+ Company application.
+
+ -
+ Warranty: Company is solely responsible for any product warranties, whether express or
+ implied by law, to the extent not effectively disclaimed. In the event of any failure of
+ the Company application to conform to any applicable warranty, you may notify an App
+ Distributor, and the App Distributor, in accordance with its terms and policies, may
+ refund the purchase price, if any, paid for the Company application, and to the maximum
+ extent permitted by applicable law, an App Distributor will have no other warranty
+ obligation whatsoever with respect to the Company application, and any other claims,
+ losses, liabilities, damages, costs or expenses attributable to any failure to conform to
+ any warranty will be Company’s sole responsibility.
+
+ -
+ Product claims: You acknowledge that Company, not an App Distributor, is responsible for
+ addressing any claims of yours or any third party relating to the Company application or
+ your possession and/or use of the Company application, including, but not limited to: (a)
+ product liability claims; (b) any claim that the Company application fails to conform to
+ any applicable legal or regulatory requirement; and (c) claims arising under consumer
+ protection or similar legislation.
+
+ -
+ Intellectual property rights: You acknowledge that, in the event of any third party claim
+ that the Company application or your possession and use of the Company application
+ infringes a third party’s intellectual property rights, the App Distributor will not be
+ responsible for the investigation, defense, settlement and discharge of any such
+ intellectual property infringement claim.
+
+ -
+ Legal compliance: You represent and warrant that (d) you are not located in a country that
+ is subject to a U.S. government embargo, or that has been designated by the U.S.
+ government as a “terrorist supporting” country; and (e) you are not listed on any U.S.
+ government list of prohibited or restricted parties.
+
+ -
+ Third party terms of agreement: You must comply with applicable third party terms of
+ agreement when using the Company application, e.g., if you have a VoIP application, then
+ you must not be in violation of their wireless data service agreement when using the
+ Company application.
+
+ -
+ Third party beneficiary: Company and you acknowledge and agree that the App Distributors,
+ and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon
+ your acceptance of the terms and conditions of this Agreement, each App Distributor will
+ have the right (and will be deemed to have accepted the right) to enforce this Agreement
+ against you as a third party beneficiary thereof.
+
+
+
+ Social Media
+
+ As part of the functionality of the Website, you may link your account with online accounts
+ you may have with third party service providers (each such account, a “Third Party Account”)
+ by either: (a) providing your Third Party Account login information through the Website; or
+ (b) allowing Company to access your Third Party Account, as is permitted under the
+ applicable terms and conditions that govern your use of each Third Party Account. You
+ represent that you are entitled to disclose your Third Party Account login information to
+ Company and/or grant Company access to your 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 applicable Third Party Account and without
+ obligating Company to pay any fees or making Company subject to any usage limitations
+ imposed by such third party service providers. By granting Company access to any Third Party
+ Accounts, you understand that (a) Company may access, make available and store (if
+ applicable) any content that you have provided to and stored in your Third Party Account
+ (the “Social Network Content”) so that it is available on and through the Website via your
+ account, including without limitation any friend lists, and (b) Company may submit and
+ receive additional information to your Third Party Account to the extent you are notified
+ when you link your account with the Third Party Account. 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 your account on the Website.{' '}
+
+ Please note that if a Third Party Account or associated service becomes unavailable or
+ Company’s access to such Third Party Account is terminated by the third party service
+ provider
+
+ , then Social Network Content may no longer be available on and through the Website. You
+ will have the ability to disable the connection between your account on the Website and your
+ Third Party Accounts at any time. Please note that your relationship with the third party
+ service providers associated with your third party accounts is governed solely by your
+ agreement(s) with such third party service providers. Company makes no effort to review any
+ Social Network Content for any purpose, including but not limited to, for accuracy, legality
+ or non-infringement, and Company is not responsible for any Social Network Content. You
+ acknowledge and agree that Company may access your email address book associated with a
+ Third Party Account and your contacts list stored on your mobile device or tablet computer
+ solely for the purposes of identifying and informing you of those contacts who have also
+ registered to use the Website. At your request made via email to our email address listed
+ below, or through your account settings (if applicable), Company will deactivate the
+ connection between the Website and your Third Party Account and delete any information
+ stored on Company’s servers that was obtained through such Third Party Account, except the
+ username and profile picture that become associated with your account.
+
+
+ Submissions
+
+ You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
+ other information about the Website or the Company Services (“Submissions”) provided by you
+ to Company are non-confidential and Company (as well as any designee of Company) shall be
+ entitled to the unrestricted use and dissemination of these Submissions for any purpose,
+ commercial or otherwise, without acknowledgment or compensation to you.
+
+
+ Prohibited Activities
+
+ You may not access or use the Website or Company Services for any other purpose other than
+ that for which Company makes it available. The Website and Company Services may not be used
+ in connection with any commercial endeavors except those that are specifically endorsed or
+ approved by Company. Prohibited activity includes, but is not limited to:
+
+
+ - criminal or tortious activity;
+ -
+ engage in the sale of any security or investment vehicle for which a license or permit is
+ required;
+
+ -
+ systematic retrieval of data or other content from the Website to create or compile,
+ directly or indirectly, a collection, compilation, database or directory without written
+ permission from Company;
+
+ -
+ making any unauthorized use of the Company Services, including collecting usernames and/or
+ email addresses of users by electronic or other means for the purpose of sending
+ unsolicited email, or creating user accounts by automated means or under false pretenses;
+
+ -
+ tricking, defrauding or misleading Company and other users, especially in any attempt to
+ learn sensitive account information such as passwords;
+
+ -
+ engaging in any automated use of the system, such as using any data mining, robots or
+ similar data gathering and extraction tools;
+
+ -
+ interfering with, disrupting, or creating an undue burden on the Website or the networks
+ or services connected to the Website;
+
+ -
+ attempting to impersonate another user or person or using the username of another user;
+
+ - selling or otherwise transferring your profile;
+ -
+ using any information obtained from the Website in order to harass, abuse, or harm another
+ person;
+
+ -
+ using the Company Services as part of any effort to compete with Company or to provide
+ services as a service bureau;
+
+ -
+ deciphering, decompiling, disassembling or reverse engineering any of the software
+ comprising or in any way making up a part of the Website;
+
+ -
+ attempting to bypass any measures of the Website designed to prevent or restrict access to
+ the Website, or any portion of the Website;
+
+ -
+ harassing, annoying, intimidating or threatening any Company employees or agents engaged
+ in providing any portion of the Company Services to you;
+
+ - deleting the copyright or other proprietary rights notice from any Website content;
+ -
+ except as may be the result of standard search engine or Internet browser usage, using or
+ launching, developing or distributing any automated system, including, without limitation,
+ any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the
+ Website, or using or launching any unauthorized script or other software; or
+
+ -
+ using the Website or Company Services in a manner inconsistent with any and all applicable
+ laws and regulations.
+
+
+
+ No Professional Advice or Fiduciary Duties
+
+ All information provided in connection with your access and use of the Website and Company
+ Services should not and may not be construed as professional advice. You should not take,
+ and should refrain from taking, any action based on any information contained on the Website
+ or in the Company Services, or any other information we make available at any time,
+ including, without limitation, blog posts, articles, links to third-party content, discord
+ or telegram content, news feeds, tutorials, tweets and videos. Before you make any
+ financial, legal or other decisions involving the Company Services or use thereof, you
+ should seek independent professional advice from an individual who is licensed and qualified
+ in the area for which such advice would be appropriate. This Agreement not intended to, and
+ do not, create or impose any fiduciary duties on us. You further agree that the only duties
+ and obligations that we have are expressly set out in this Agreement (including in the
+ Privacy Policy).
+
+
+ Acknowledgement of Certain Risks; Other Disclaimers; Release of Claims
+
+ By accessing and using the Website and Company Services, you represent that you understand
+ the inherent risks associated with using cryptographic and blockchain-based systems, and
+ that you have a working knowledge of the usage and intricacies of Digital Assets. You
+ further understand that the markets for these Digital Assets are highly volatile due to
+ factors including (but not limited to) adoption, speculation, technology, security, and
+ regulation. You acknowledge and accept that the cost and speed of transacting with
+ cryptographic and blockchain-based systems are variable and may increase dramatically at any
+ time. You further acknowledge and accept the risk that your Digital Assets, or any Digital
+ Assets you acquire may lose some or all of their value and you may suffer loss due to the
+ fluctuation of prices of tokens and/or significant price slippage and cost. You understand
+ that anyone can create a token, including fake versions of existing tokens and tokens that
+ falsely claim to represent projects, and acknowledge and accept the risk that you may
+ mistakenly trade those or other tokens. You further acknowledge that we are not responsible
+ for any of these variables or risks and that we cannot be held liable for any resulting
+ losses that you experience while accessing or using the Website or Company Services.
+
+
+
+ The Company Services and your Digital Assets could be impacted by one or more regulatory
+ inquiries or regulatory actions, which could impede or limit the ability of to continue to
+ make its proprietary software, and thus, could impede or limit your ability to continue to
+ use the Company Services.
+
+
+ You understand and acknowledge that cryptography is a progressing field with advances in
+ code cracking and other technical advancements, such as the development of quantum
+ computers, which may present risks to Digital Assets and the Company Services, and could
+ result in the theft or loss of your Digital Assets. You acknowledge that the Company
+ Services may be subject to flaws and that you are solely responsible for evaluating any code
+ provided by the Website or Company Services.
+
+
+ Although we intend to provide accurate and timely information on the Website and during your
+ use of the Company Services, that intention does not reflect a binding commitment, and the
+ Website and other information available when using the Company Services may not be accurate,
+ complete, error-free or current. To continue to provide you with as complete and accurate
+ information as possible, information may be changed or updated from time to time without
+ notice, including, without limitation, information regarding our policies. Accordingly, you
+ should verify all information before relying on it in any manner, and all decisions based on
+ such information contained on the Website or made available through the Services are your
+ sole and absolute responsibility. No representation of any kind or nature is made as to the
+ accuracy, completeness or appropriateness for any particular purpose of any pricing or other
+ information distributed via the Website or Services. Any reference to a type of Digital
+ Asset on the Website or otherwise during the use of the Company Services does not indicate
+ our approval or disapproval of the technology on which the Digital Asset relies, and should
+ not be used as a substitute for your understanding of the risks specific to each type of
+ Digital Asset.
+
+
+ Use of the Company Services may carry financial risk. Digital Assets are, by their nature,
+ highly experimental, risky, and volatile. You acknowledge and agree that you will access and
+ use the Website and the Services at your own risk. By using the Company Services, you
+ represent and warrant that you have been, are, and will be solely responsible for making
+ your independent appraisal and investigations into the risks of a given transaction and the
+ underlying Digital Assets. You represent that you have sufficient knowledge, market
+ sophistication, professional advice, and experience to make your evaluation of the merits
+ and risks of any transaction conducted in connection with the Company Services or any
+ Digital Asset. You accept all consequences of using the Services, including the risk that
+ you may lose access to your Digital Assets indefinitely. All transaction decisions are made
+ solely by you. Notwithstanding anything in this Agreement, we accept no responsibility
+ whatsoever for, and will in no circumstances be liable to you in connection with, your use
+ of the Company Services for performing Digital Asset transactions.
+
+
+
+ We are a developer of software. We do not operate a Digital Asset exchange platform or offer
+ trade execution or clearing services and, therefore, has no oversight, involvement, or
+ control concerning your transactions using the Services. All transactions between users of
+ our software are executed peer-to-peer directly between the users wallets through smart
+ contracts. You are responsible for complying with all laws that may be applicable to or
+ govern your use of the Services, including, but not limited to, the Commodity Exchange Act
+ and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission
+ (“CFTC”), the federal securities laws and the regulations promulgated thereunder by the U.S.
+ Securities and Exchange Commission (“SEC”) and all foreign applicable laws.
+
+
+ You understand that the Company is not registered or licensed by the CFTC, SEC, or any
+ financial regulatory authority. No financial regulatory authority has reviewed or approved
+ the use of the Website or company Services. The Website and the Company-developed software
+ do not constitute advice or a recommendation concerning any commodity, security, or other
+ Digital Asset or instrument. Company is not acting as an investment adviser or commodity
+ trading adviser to any person or entity.
+
+
+ Intellectual Property Rights
+
+ The content on the Website (“Company Content”) and the trademarks, service marks,
+ algorithms, codes, programs, subjects, and logos contained therein (“Marks”) are owned by or
+ licensed to Company and are subject to copyright and other intellectual property rights
+ under Cayman Islands and foreign laws and international conventions. Company Content,
+ includes, without limitation, all source code, databases, functionality, software, website
+ designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs,
+ page headers, button icons, scripts and service names are registered trademarks, common law
+ trademarks or trade dress of Company in Cayman Islands and/or other countries. Company’s
+ trademarks and trade dress may not be used, including as part of trademarks and/or as part
+ of domain names, in connection with any product or service in any manner that is likely to
+ cause confusion and may not be copied, imitated, or used, in whole or in part, without the
+ prior written permission of the Company.
+
+
+ Company Content on the Website is provided to you “AS IS” for your information and personal
+ use only and may not be used, copied, reproduced, aggregated, distributed, transmitted,
+ broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
+ whatsoever without the prior written consent of the respective owners. Provided that you are
+ eligible to use the Website, you are granted a limited license to access and use the Website
+ and the Company Content and to download or print a copy of any portion of the Company
+ Content to which you have properly gained access solely for your personal, non-commercial
+ use. Company reserves all rights not expressly granted to you in and to the Website and
+ Company Content and Marks.
+
+ Intellectual Property Claims
+
+ We respect the intellectual property rights of others and require that users of our App and
+ Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title
+ 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of
+ copyright infringement that are reported to the agent that we have designated to receive
+ notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Dora
+ Factory Support (
+
+ support@dorafactory.org
+
+ )
+
+ To be sure the matter is handled immediately, your written notice must:
+
+ - Contain your physical or electronic signature;
+ -
+ Identify the copyrighted work or other intellectual property alleged to have been
+ infringed;
+
+ -
+ Identify the allegedly infringing material in a sufficiently precise manner to allow us to
+ locate that material;
+
+ -
+ Contain adequate information by which we can contact you (including postal address,
+ telephone number, and email address);
+
+ -
+ Contain a statement that you have a good faith belief that use of the copyrighted material
+ or other intellectual property is not authorized by the owner, the owner’s agent or the
+ law;
+
+ - Contain a statement that the information in the written notice is accurate; and
+ -
+ Contain a statement, under penalty of perjury, that you are authorized to act on behalf of
+ the copyright or other intellectual property right owner.
+
+ -
+ Unless the notice pertains to copyright or other intellectual property infringement, the
+ Agent will be unable to address the listed concern.
+
+
+
+ Submitting a DMCA Counter-Notification
+
+ We will notify you that we have removed or disabled access to copyright-protected material
+ that you provided, if such removal is pursuant to a validly received DMCA take-down notice.
+ In response, you may provide our Agent with a written counter-notification that includes the
+ following information:
+
+
+ - Your physical or electronic signature;
+ -
+ Identification of the material that has been removed or to which access has been disabled,
+ and the location at which the material appeared before it was removed or access to it was
+ disabled;
+
+ -
+ A statement from you under the penalty of perjury, that you have a good faith belief that
+ the material was removed or disabled as a result of a mistake or misidentification of the
+ material to be removed or disabled; and
+
+ -
+ Your name, physical address and telephone number, and a statement that you consent to the
+ jurisdiction of a court for the judicial district in which your physical address is
+ located, or if your physical address is outside of the United States, for any judicial
+ district in which we may be located, and that you will accept service of process from the
+ person who provided notification of allegedly infringing material or an agent of such
+ person.
+
+
+
+ We reserve the right, in our sole discretion, to terminate the account or access of any user
+ of the Website and Company Services who is the subject of repeated DMCA or other
+ infringement notifications.
+
+
+ Third Party Websites and Content
+
+ The Website contains (or you may be sent through the Website or the Company Services) links
+ to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics,
+ pictures, designs, music, sound, video, information, applications, software and other
+ content or items belonging to or originating from third parties (the “Third Party Content”).
+ Such Third Party Websites and Third Party Content are not investigated, monitored or checked
+ for accuracy, appropriateness, or completeness by us, and we are not responsible for any
+ Third Party Websites accessed through the Website or any Third Party Content posted on,
+ available through or installed from the Website, including the content, accuracy,
+ offensiveness, opinions, reliability, privacy practices or other policies of or contained in
+ the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting
+ the use or installation of any Third Party Website or any Third Party Content does not imply
+ approval or endorsement thereof by us. If you decide to leave the Website and access the
+ Third Party Websites or to use or install any Third Party Content, you do so at your own
+ risk and you should be aware that our terms and policies no longer govern. You should review
+ the applicable terms and policies, including privacy and data gathering practices, of any
+ website to which you navigate from the Website or relating to any applications you use or
+ install from the Website. Any purchases you make through Third Party Websites will be
+ through other websites and from other companies, and Company takes no responsibility
+ whatsoever in relation to such purchases which are exclusively between you and the
+ applicable third party.
+
+
+ Management and Company Services
+
+ Company reserves the right but does not have the obligation to:
+
+ - monitor the Website and Company Services for violations of this Agreement;
+ -
+ take appropriate legal action against anyone who, in Company’s sole discretion, violates
+ this Agreement, including without limitation, reporting such user to law enforcement
+ authorities;
+
+ -
+ in Company’s sole discretion and without limitation, refuse, restrict access to or
+ availability of, or disable (to the extent technologically feasible) any user’s
+ contribution or any portion thereof that may violate this Agreement or any Company
+ policy;
+
+ -
+ in Company’s sole discretion and without limitation, notice or liability to remove from
+ the Website or otherwise disable all files and content that are excessive in size or are
+ in any way burdensome to Company’s systems;
+
+ -
+ otherwise manage the Website and Company Services in a manner designed to protect the
+ rights and property of Company and others and to facilitate the proper functioning of
+ the Website.
+
+
+
+
+ Privacy Policy
+
+ We care about the privacy of our users. Please review the Company Privacy Policy. By using
+ the Website or Company Services, you are consenting to have your personal data transferred
+ to and processed in Cayman Islands, which may have less protections than your jurisdiction
+ of residence.. By accessing or using the Website or the Company Services, you are consenting
+ to the terms of our Privacy Policy.
+
+
+ Term and Termination
+
+ This Agreement shall remain in full force and effect while you use the Website or are
+ otherwise a user or member of the Website, as applicable. You may terminate your use or
+ participation at any time, for any reason, by following the instructions for terminating
+ user accounts in your account settings, if available, or by contacting us using the contact
+ information below.
+
+
+
+
+ Without limiting any other provision of this Agreement, Company reserves the right to, in
+ Company’s sole discretion and without notice or liability, deny access to and use of the
+ Website and the Company Services, to any person for any reason or for no reason at all,
+ including without limitation for breach of any representation, warranty or covenant
+ contained in this Agreement, or of any applicable law or regulation, and company may
+ terminate your use or participation in the Website and the Company Services, delete your
+ profile and any content or information that you have posted at any time, without warning,
+ in Company’s sole discretion.
+
+
+
+
+ In order to protect the integrity of the Website and Company Services, Company reserves the
+ right at any time in its sole discretion to block certain IP addresses from accessing the
+ Website and Company Services.
+
+
+ Any provisions of this Agreement that, in order to fulfill the purposes of such provisions,
+ need to survive the termination or expiration of this Agreement, shall be deemed to survive
+ for as long as necessary to fulfill such purposes.
+
+
+
+ You understand that certain laws allow you to cancel this Agreement, without any penalty
+ or obligation, at any time prior to midnight of Company’s third business day following the
+ date of this Agreement, excluding Sundays and holidays. To cancel, email the company using
+ the contact information listing below in this Agreement or by accessing your account
+ settings. This section applies only to individuals residing in districts with such laws.
+
+
+
+
+ If Company terminates or suspends your account for any reason, you are prohibited from
+ registering and creating a new account under your name, a fake or borrowed name, or the name
+ of any third party, even if you may be acting on behalf of the third party. In addition to
+ terminating or suspending your account, Company reserves the right to take appropriate legal
+ action, including without limitation pursuing civil, criminal, and injunctive redress.
+
+
+ Modifications
+ To Agreement
+
+ We may modify this Agreement from time to time. Any and all changes to this Agreement will
+ be posted on the Website and revisions will be indicated by date. You agree to be bound to
+ any changes to this Agreement when you use the website and all other Services after any such
+ modification becomes effective. Company may also, in its sole discretion, choose to alert
+ all users with whom it maintains email information of such modifications by means of an
+ email to their most recently provided email address. It is therefore important that you
+ regularly review this Agreement and keep your contact information current in your account
+ settings to ensure you are informed of changes. You agree that you will periodically check
+ the Website for updates to this Agreement. Modifications to this Agreement shall be
+ effective after posting.
+
+ To Services
+
+ Company reserves the right at any time to modify or discontinue, temporarily or permanently,
+ the Company Services (or any part thereof) with or without notice. You agree that Company
+ shall not be liable to you or to any third party for any modification, suspension or
+ discontinuance of the Company Services.
+
+
+ Disputes and Choice of Law
+ Between Users
+
+ If there is a dispute between users of the Website, or between users and any third party,
+ you understand and agree that Company is under no obligation to become involved. We have no
+ responsibility for such disputes. In the event that you have a dispute with one or more
+ other users, you hereby release Company, its officers, employees, agents and successors in
+ rights from claims, demands and damages (actual and consequential) of every kind or nature,
+ known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in
+ any way related to such disputes and/or the Company Services.
+
+ With Company
+
+ All questions of law, rights, and remedies regarding any act, event or occurrence undertaken
+ pursuant or relating to this Website or the Company Services shall be governed and construed
+ by the laws of Cayman Islands, without regarding to choice of law principles. Any dispute
+ arising out of or in connection with the Website or Company Services or this Agreement ,
+ including any question regarding its existence, validity or termination (a “Dispute”) shall
+ be subject to resolution under this provision.
+
+
+ The Company wants to address your concerns without the need for a formal legal dispute.
+ Before filing a claim against us you agree to try to resolve the Dispute informally by
+ contacting us at{' '}
+
+ support@dorafactory.org
+ {' '}
+ to notify us of the actual or potential Dispute. Similarly, we will undertake reasonable
+ efforts to contact you to notify you of any actual or potential dispute to resolve any claim
+ we may possess informally before taking any formal action. The party that provides the
+ notice of the actual or potential Dispute (the “Notifying Party”) will include in that
+ notice (a “Notice of Dispute”) the name of User, the Notifying Party’s contact information
+ for any communications relating to such Dispute (including for the Notifying Party’s legal
+ counsel if it is represented by counsel in connection with such Dispute), and sufficient
+ details regarding such Dispute to enable the other party (the “Notified Party”) to
+ understand the basis of and evaluate the concerns raised. If the Notified Party responds
+ within ten (10) business days after receiving the Notice of Dispute that it is ready and
+ willing to engage in good faith discussions in an effort to resolve the Dispute informally,
+ then each party shall promptly participate in such discussions in good faith.
+
+
+
+ If, notwithstanding the Notifying Party’s compliance with all of its obligations under the
+ preceding paragraph, a Dispute is not resolved within 30 days after the Notice of Dispute is
+ sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10)
+ business days), the Notifying Party may initiate an arbitration proceeding as described
+ below. If either party purports to initiate arbitration without first providing a Notice of
+ Dispute and otherwise complying with all of its obligations under the preceding paragraph,
+ then, notwithstanding any other provision of this Agreement, the arbitrator(s) will promptly
+ dismiss the claim with prejudice and will award the other party all of its costs and
+ expenses (including, without limitation, reasonable attorneys’ fees) incurred in connection
+ with such Dispute.
+
+
+
+ Any Dispute that cannot be resolved per the above procedure shall be referred to and finally
+ resolved by arbitration administered by the Cayman Islands International Arbitration Centre
+ (“SIAC”) in accordance with the Arbitration Rules of the Cayman Islands International
+ Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be
+ incorporated by reference in this clause. Subject, however, to the right of Company, at the
+ Company’s sole discretion, to bring an action to seek injunctive relief to enforce this
+ Agreement or to stop or prevent an infringement of proprietary or other third party rights
+ (or any similar cause of action) in any applicable court in any jurisdiction exists with
+ regard to a user. The seat of the arbitration shall be Cayman Islands. The Tribunal shall
+ consist of three (3) arbitrator(s). The language of the arbitration shall be English.
+
+
+ You and the Company agree that the arbitration of any Dispute shall proceed on an individual
+ basis, and neither you nor Company may bring a claim as a part of a class, group,
+ collective, coordinated, consolidated or mass arbitration (each, a “Collective
+ Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any
+ Dispute against Company will be deemed a Collective Arbitration if (a) two (2) or more
+ similar claims for arbitration are filed concurrently by or on behalf of one or more
+ claimants; and (b) counsel for the claimants are the same, share fees or coordinate across
+ the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations
+ are pending (filed but not yet resolved) at the same time.
+
+
+
+
+ To the maximum extent permitted by applicable law, neither you nor Company shall be
+ entitled to consolidate, join or coordinate disputes by or against other individuals or
+ entities, or arbitrate or litigate any dispute in a representative capacity, including as
+ a representative member of a class or in a private attorney general capacity. In
+ connection with any dispute (as defined above), any and all such rights are hereby
+ expressly and unconditionally waived.
+ {' '}
+ Without limiting the foregoing, any challenge to the validity of this paragraph shall be
+ determined exclusively by the arbitrator.
+
+
+
+ In no event shall any claim, action or proceeding by you related in any way to the Website
+ and/or the Company Services (including your visit to or use of the Website and/or the
+ Company Services) be instituted more than two (2) years after the cause of action arose. You
+ will be liable for any attorneys’ fees and costs if we have to take any legal action to
+ enforce this Agreement.
+
+
+ Corrections
+
+ Occasionally there may be information on the Website that contains typographical errors,
+ inaccuracies or omissions that may relate to service descriptions, pricing, availability,
+ and various other information. Company reserves the right to correct any errors,
+ inaccuracies or omissions and to change or update the information at any time, without prior
+ notice.
+
+
+ Disclaimers
+
+ Company cannot control the nature of all of the content available on the Website or Company
+ Services. By operating the Website or Company Services, Company does not represent or imply
+ that Company endorses any blogs, contributions or other content available on or linked to by
+ the Website or Company Services, including without limitation content hosted on third party
+ websites or provided by third party applications, or that Company believes contributions,
+ blogs or other content to be accurate, useful or non-harmful. We do not control and are not
+ responsible for unlawful or otherwise objectionable content you may encounter on the Website
+ or in connection with any contributions. The Company is not responsible for the conduct,
+ whether online or offline, of any user of the Website or Company Services.
+
+
+
+
+ You agree that your use of the Website and Company Services will be at your sole risk. To
+ the fullest extent permitted by law, Company, its officers, directors, employees, and
+ agents disclaim all warranties, express or implied, in connection with the Website and the
+ Company Services and your use thereof, including, without limitation, the implied
+ warranties of merchantability, fitness for a particular purpose and non-infringement.
+ Company makes no warranties or representations about the accuracy or completeness of the
+ Website’s content or the content of any websites linked to this Website and assumes no
+ liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and
+ materials, (b) personal injury or property damage, of any nature whatsoever, resulting
+ from your access to and use of our website, (c) any unauthorized access to or use of our
+ secure servers and/or any and all personal information and/or financial information stored
+ therein, (d) any interruption or cessation of transmission to or from the Website or
+ Company services, (e) any bugs, viruses, Trojan horses, or the like which may be
+ transmitted to or through the Website by any third party, and/or (f) any errors or
+ omissions in any content and materials or for any loss or damage of any kind incurred as a
+ result of the use of any content posted, transmitted, or otherwise made available via the
+ Website or Company Services. Company does not warrant, endorse, guarantee, or assume
+ responsibility for any product or service advertised or offered by a third party through
+ the website or any hyperlinked website or featured in any banner or other advertising, and
+ Company will not be a party to or in any way be responsible for monitoring any transaction
+ between you and third-party providers of products or services. As with the purchase of a
+ product or service through any medium or in any environment, you should use your best
+ judgment and exercise caution where appropriate.
+
+
+
+ Limitations of Liability
+
+
+ In no event shall Company or its directors, employees, or agents be liable to you or any
+ third party for any direct, indirect, consequential, exemplary, incidental, special or
+ punitive damages, including lost profit, lost revenue, loss of data or other damages
+ arising from your use of the Website or Company Services, even if Company has been advised
+ of the possibility of such damages. Notwithstanding anything to the contrary contained
+ herein, Company’s liability to you for any cause whatsoever and regardless of the form of
+ the action, will at all times be limited to the amount paid, if any, by you to Company for
+ the Company Services during the period of services available prior to any cause of action
+ arising.
+
+
+
+
+ Certain laws do not allow limitations on implied warranties or the exclusion or limitation
+ of certain damages. If these laws apply to you, some or all of the above disclaimers or
+ limitations may not apply to you, and you may have additional rights.
+
+
+
+
+ Certain laws do not allow limitations on implied warranties or the exclusion or limitation
+ of certain damages. If these laws apply to you, some or all of the above disclaimers or
+ limitations may not apply to you, and you may have additional rights.
+
+
+
+
+
+ To the maximum extent permitted by law, you further expressly waive and release the
+ Company Parties from any and all liability, claims, causes of action, or damages arising
+ from or in any way relating to your use of the Website and Company Services and your
+ interaction therewith. If you are a California resident, you waive California Civil Code
+ Section 1542, which says: “A general release does not extend to claims which the creditor
+ does not know or suspect to exist in his favor at the time of executing the release,
+ which, if known by him must have materially affected his settlement with the debtor.”
+
+
+
+ Indemnity
+
+ You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their
+ respective officers, agents, partners and employees (“Company Parties”), harmless from and
+ against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
+ and expenses, made by any third party due to or arising out of your contributed content, use
+ of the Company Services, and/or arising from a breach of this Agreement and/or any breach of
+ your representations and warranties set forth above. Notwithstanding the foregoing, Company
+ reserves the right, at your expense, to assume the exclusive defense and control of any
+ matter for which you are required to indemnify the Company Parties, and you agree to
+ cooperate, at your expense, with Company’s defense of such claims. Company will use
+ reasonable efforts to notify you of any such claim, action, or proceeding which is subject
+ to this indemnification upon becoming aware of it.
+
+
+ Notices
+
+ Except as explicitly stated otherwise, any notices given to Company shall be given by email
+ to the address listed in the contact information below. Any notices given to you shall be
+ given to the email address you provided during the registration process, or such other
+ address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours
+ after the email is sent, unless the sending party is notified that the email address is
+ invalid. We may also choose to send notices by regular mail.
+
+
+ User Data
+
+ Our Website will maintain certain data that you transfer to the Website for the purpose of
+ the performance of the Company Services, as well as data relating to your use of the Company
+ Services. Although we perform regular routine backups of data, you are primarily responsible
+ for all data that you have transferred or that relates to any activity you have undertaken
+ using the Company Services. You agree that Company shall have no liability to you for any
+ loss or corruption of any such data, and you hereby waive any right of action against
+ Company arising from any such loss or corruption of such data.
+
+
+ Electronic Contracting
+
+ Your use of the Company Services includes the ability to enter into agreements and/or to
+ make transactions electronically.{' '}
+
+ You acknowledge that your electronic submissions constitute your Agreement and intent to
+ be bound by and to pay for such agreements and transactions. Your Agreement and intent to
+ be bound by electronic submissions applies to all records relating to all transactions you
+ enter into relating to the Company Services, including notices of cancellation, policies,
+ contracts, and applications.{' '}
+
+ In order to access and retain your electronic records, you may be required to have certain
+ hardware and software, which are your sole responsibility.
+
+
+ Miscellaneous
+
+ This Agreement constitutes the entire agreement between you and Company regarding the use of
+ the Company Services. The failure of Company to exercise or enforce any right or provision
+ of this Agreement shall not operate as a waiver of such right or provision. The section
+ titles in this Agreement are for convenience only and have no legal or contractual effect.
+ This Agreement operates to the fullest extent permissible by law. This Agreement and your
+ account may not be assigned by you without our express written consent. Company may assign
+ any or all of its rights and obligations to others at any time. Company shall not be
+ responsible or liable for any loss, damage, delay or failure to act caused by any cause
+ beyond Company’s reasonable control. If any provision or part of a provision of this
+ Agreement is unlawful, void or unenforceable, that provision or part of the provision is
+ deemed severable from this Agreement and does not affect the validity and enforceability of
+ any remaining provisions. There is no joint venture, partnership, employment or agency
+ relationship created between you and Company as a result of this Agreement or use of the
+ Website and Company Services. Upon Company’s request, you will furnish Company any
+ documentation, substantiation or releases necessary to verify your compliance with this
+ Agreement. You agree that this Agreement will not be construed against the Company by virtue
+ of having drafted them. You hereby waive any and all defenses you may have based on the
+ electronic form of this Agreement and the lack of signing by the parties hereto to execute
+ this Agreement.
+
+
+ Contact Us
+
+ In order to resolve a complaint regarding the Company Services or to receive further
+ information regarding use of the Company Services, please contact Company as set forth
+ below:
+
+
+ Foundation Name: Matsushiba Foundation
+ Foundation Name: Dora Grant DAO Foundation Email:
+ support@dorafactory.org
+
+