TERMS OF SERVICES
1.1 The Services allow you to sell, purchase, exchange certain block chainbased applications of non-fungible tokens (“NFTs”), our online and/or mobile Services, software provided on or in connection with those Services directly, or via auction, bidding or tenders. Detailed rules regarding the auction and bidding process are available in the Auction Rules section on our website page. You may only participate in the Auction by linking your digital wallets to the supported bridge extensions such as MetaMask, which allow you to purchase, store, and engage in transactions using Ethereum cryptocurrency. Before putting up your unique digital asset for Auction, bidding or putting in an offer to purchase a unique digital asset from another user, you need to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order on our Platform to sell or purchase a unique digital asset, your order is passed on to the applicable extension, the operator of which will complete the transaction on your behalf.
1.2 “Crypto Assets” refers to unique non-fungible tokens, implemented on the Ethereum blockchain (the “Ethereum Platform”) using smart contracts, including without limitation, for the purpose of this Platform, excludes Bitcoin, Ethereum and other tokens used for the sale and purchase of the NFTs.
1.4 Run Dino Run is an information and administrative platform only. We are not a broker, intermediary, agent, advisor, financial institution, creditor, or any form of online payment platform. Run Dino Run facilitates transactions between the buyer and seller in the auction but is not a party to any agreement between the buyer and seller of crypto assets or between any users, unless otherwise specifically agreed by Run Dino Run in other contract.
1.5 Our website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of our website is prohibited. Persons in respect of whom such prohibitions apply or persons other than those specified above must not access our website. Persons accessing our website need to be aware that they are responsible themselves for the compliance with all local rules and regulations.
1.6 Neither information nor any opinion expressed on our website constitutes a solicitation, an offer or a recommendation to buy, sell or dispose of any investment, to engage in any other transaction or to provide any investment advice or service. The information contained in our website does not constitute investment advice or a recommendation and was prepared without regard to the specific
objectives, financial situation or needs of any particular person who may receive it. Before making the decision to buy, sell or hold any crypto assets, you should conduct your own due diligence and
consult your financial advisors prior to making any investment decision.
1.7 You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on Run Dino Run. Notwithstanding indicators and messages that suggest verification, Run Dino Run makes no claims about the identity, legitimacy, or authenticity of assets on the platform.
1.8 By clicking on the “I agree” “ Yes ” and/or “I accept” button, completing the account registration process, or using our Services, you 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 shall not access or use the Services.
1.9 We sometimes need to suspend some Services and/or describe additional terms or conditions for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with Run Dino Run if you use those Services.
1.10 Run Dino Run reserves the right to change or modify these Terms at any time and in 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 Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We 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 Services.
1.11 These terms are important and affect your legal rights, please read them carefully. The Terms include an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are agreeing to mandatory individual arbitration for the resolution of disputes and waiving your right to a jury trial on your claims.
2. Account Registration
2.1 If you want to purchase any NFTs through our website or participate in an auction or bidding, you will need to register for an account on the Services (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself including but not limited to your name and email address, (b) maintain and promptly update from time to time as necessary your Account information, (c) immediately notify us if you discover or otherwise suspect any security breaches related to your Account or the Services including but not limited to unauthorized use of your Account. Each individual user may maintain only one main account at any given time and Run Dino Run is entitled to block multiple accounts of the same user.
Also, you agree that you will not:
2.1.1 create another account if we have disabled your account unless you have obtained our prior written permission;
2.1.2 buy, sell, rent or lease access to your Account, user name or email address that you used to register for account, unless you have obtained our prior written permission;
2.1.3 share your Account password with anyone; or
2.1.4 log in or try to log in to access the Services through unauthorized third party applications or Services.
2.2 Run Dino Run 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, without limitation, for any anti-money laundering practice or for counteracting financing of terrorism. Run Dino Run may also require you to provide additional information and documents in cases where it has reasons to believe that:
2.2.1 Your Account is being used for money laundering or for any other illegal activity;
2.2.2 You have concealed or reported false or invalid identification information and other details; or
2.2.3 Transactions effected via your Account were effected in breach of these Terms. In such cases, Run Dino Run, in its sole discretion, may pause or cancel your purchase, sale, auction and/or bidding transactions until such additional information and documents are reviewed by Run Dino Run and accepted as satisfying the requirements of applicable law and these Terms. If you do not
provide complete and accurate information and documents in response to such a request, Run Dino Run may refuse to provide the Content (defined in Section 4(A) below) to you.
2.3 When registering for the Platform or third party Services that facilitate access to the Platform you may be required to select a user name and password, private key, or other form of secure authentication that will be used to access your account. You are responsible for any use of your account, password and email address, whether by you or others. You take responsibility to maintain the security of your password and contact information, to keep your password confidential and not share it with anyone else. Run Dino Run is not liable for any loss or damage arising from your failure to protect your user name, password, email address or any other personal information, including but not limited to loss of access to any Services.
2.4 By registering for the Platform, you represent and warranty that:
2.4.1 as an individual, you are of legal age to form a binding contract under applicable laws;
2.4.2 as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;
2.4.3 you have not been previously suspended or removed from using the Services;
2.4.4 you do not currently have an Account;
2.4.5 f you act as an employee or agent of a legal entity, you have all the necessary rights and authorizations to bind such legal entity;
2.4.6 your use of the Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing; and
2.4.7 your funds come from legitimate sources and do not originate from illegal activities.
2.5 By creating an Account, you consent to receive electronic communications from Run Dino Run (e.g., via your email, your account or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes and other transaction information) and/or the Services, and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that 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. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
2.7 You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use Services, in cases where the Services offers a mobile component. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services or the Content.
2.8 Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Run Dino Run or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. For example, when you click to get more details about any of the NFT sold through our Platform, you will notice a third party link to the website from which such NFT originated. Such website may include license terms governing the use of such NFT. In the event you purchase such NFT
through our Platform, you are required to comply with such terms.
2.9 As stated above, your participation in the Auction is also subject to the rules available on the page Auction and Bidding Rules.
2.10The Account is solely for your personal, noncommercial use and is available for personal informational and non-commercial purposes only. You agree not to use the Platform and/or the Content that you access to for any other purpose.
3.1 Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Run Dino Run name, logo and all designs, text, graphics, pictures, software, source code, sound files, other files, technology associated with the NFTs and all other content available through the NFTs, and associated application, intellectual
property rights, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Run Dino Run and/or our affiliates, licensors or users, as applicable.
3.2 Notwithstanding anything to the contrary in these Terms, the Content may include software components provided by Run Dino Run or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
3.3 The Run Dino Run logo and any Run Dino Run Services names, logos, slogans or sound that may appear on the Services are trademarks of Run Dino Run or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Run Dino Run” or any other name, trademark or
product or Services name of Run Dino Run or our affiliates without our prior written permission. In addition, the design, structure, selection, coordination, expression, look and feel and layout of the Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the Services mark, trademark or trade dress of Run Dino Run and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Run Dino Run names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, Services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Run Dino Run.
3.4 Unless explicitly stated, you should assume that all the Content is protected by copyright, trademark and other applicable intellectual property laws and may not be used except being permitted by Run Dino Run. Run Dino Run does not grant, by implication, estoppel, or otherwise, any license or right to use any Run Dino Run intellectual property in a manner inconsistent with these Terms
without the prior written permission of Run Dino Run and/or any third party that may own additional intellectual property.
4. License to Access and Use Our Services
4.1 Run Dino Run grants you a limited, non-exclusive, non-transferable, nonsublicensable, revocable and personal license to access and use the Platform and the Content for your personal non-commercial purposes; provided that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Content, except as expressly permitted by us, and (f) use the Services other than for their intended or unlawful purposes. We reserve all rights in and to the Platform and the Services not expressly granted to you under these Terms. These Terms only grant a limited license to access and use the Services. Therefore, you hereby agree that when you use the Services, we do not transfer the Services or the ownership or intellectual property rights of any of the intellectual property to you or anyone else.
4.2 You agree that you shall not remove any proprietary notices or labels on or in the Run Dino Run intellectual property and/or not bypass, modify, defeat or circumvent any technologies or methods to deliver or protect the Services or any other Run Dino Run intellectual property.
4.3 We reserve the right to modify or discontinue the Services or the Platform (or any parts of any associated software or applications relating thereto) with or without notice at any time. Run Dino Run (including, without limitation, our affiliates and licensors) shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or the Platform or any associated software, applications or functionality.
6. Third Party Services
The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third Party Website or Third-Party Application, we will not warn you that you have left our Services and are subject to the Terms and conditions (including Privacy Policies) of another website or destination. Such Third-Party Websites and Third Party Applications are not under the control of Run Dino Run. Run Dino Run is not responsible for any Third-Party Websites or Third-Party Applications. Run Dino Run provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or Services or information. You use all links or Services in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Platform, our Services no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before signing any contract and/or proceeding with any transaction with any third party.
7. User Conduct
7.1 You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Services or participating in the auction or bidding. You agree that you will abide by these Terms and will not: provide false or misleading information to Run Dino Run or any other users of Run Dino Run Platform;
- use or attempt to use another user’s Account without authorization from such user and Run Dino Run;
- create or list counterfeit items;
- pose as another person or create a misleading user name or picture;
- use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services or the Platform in any manner;
- develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
- reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Services, area or code of the Services;
- attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Services that you are not authorized to access;
- use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
- use data collected from our Services to contact individuals, companies, or other persons or entities;
- use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- bypass or ignore instructions that control all automated access to the Services;
- use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
- use our Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Platform, or the Services;
- engage in wash trading or other deceptive or manipulative trading activities;
- place misleading bids or offers;
- spam listings for the purpose of causing a listing to appear at the top of the search results;
- engage in behaviors that have the intention or the effect of artificially increasing view counts, favorites, volume, or other metrics that Run Dino Run might use to sort search results;
- use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
- use the Services from a country sanctioned by the government of China; or use the Services to participate in fund raising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
7.2 Run Dino Run has always exercised judgment in allowing or disallowing certain assets, listings, smart contracts, and collections consistent with the spirit of openness in a worldwide community of users of a radical new technology. We carefully consider the complete situation and all its details in light of our policies before deciding to remove inappropriate assets, listings, smart contracts, and collections when we discover them or they are brought to our attention.
7.3 Assets, listings, smart contracts, and collections that Run Dino Run deems inappropriate, disruptive, or illegal are prohibited on Run Dino Run. Run Dino Run reserves the rights to determine the appropriateness of listings on its site and remove any listing at any time. If you create or offer an asset, listing, smart contract, or collection in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, or collection, deleting your Run Dino Run account, and permanently withholding referral payments and developer revenue sharing fees.
7.4 Run Dino Run cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers. Assets, listings, smart contracts, and collections that include metadata that violates any applicable international or domestic intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in or outside of Hong Kong are prohibited on Run Dino Run and will be removed.
7.5 Assets, listings, smart contracts, and collections with a primary or substantial purpose in a game or application that violates applicable international or domestic intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in China are prohibited on Run Dino Run and will be removed.
7.6 Assets, listings, smart contracts, and collections created or used primarily or substantially for the purpose of raising funds for the known terrorist organizations listed on https://www.state.gov/foreign-terroristorganizations/ are prohibited on Run Dino Run and will be removed.
7.7 The sale of stolen assets, converted assets, fraudulently obtained assets, assets taken without authorization, and other illegally obtained assets on Run Dino Run is prohibited. Listing illegally obtained assets may result in your listings being canceled, your assets being hidden, or your account being suspended or blocked.
7.8 If you have reason to believe that an asset listed on Run Dino Run was illegally obtained, please contact us immediately at service@Run Dino Run.io . Please inform us the relevant asset’s ID, the asset’s contract address, and evidence demonstrating that the asset was illegally obtained. Run Dino Run will review your claim and reply within 24 hours. If we determine from the evidence that the asset is stolen, we will hide it, disable trading of it and/or take further action as far as we consider that is necessary.
7.9 If you become aware of the creation, listing, or buying of assets in violation of any of the Terms, you shall contact us to report it. Creators take special responsibility for informing us of the existence of their collections, contracts, and assets that violate these Terms.
7.10 We require all users to be up to or over the maximum age of legally defined juvenile or minor according to the applicable law. If you are under the require age, you may use a parent or guardian’s Run Dino Run account, but only with involvement and supervision of your parent or guardian and the account holder. And the account holder is responsible for everything done with that account.
7.11 NSFW content is meant for people who are above the maximum age of legally defined minor. Any such content involved is subject to being marked NSFW and handled differently than non-NSFW content in navigation menus and search results. asset names, listings and their descriptions, smart contract names, and collections including profanity or overtly sexual content are prohibited on Run Dino Run and will be removed. A smart contract that contains NSFW content is subject to being marked NSFW, even if the NSFW content only represent a portion of the content on the smart contract. NSFW content is permitted on Run Dino Run, but we are going to do our best to keep it out of the high traffic areas and if it is extreme in any way, we may remove it.
7.12 You may not create or list illegal or offensive content, such as products that depict graphic sexual acts and images that depict children under the age of 18 in a sexually suggestive manner. You may not use profanity or graphic language in any content you list or create on Run Dino Run.
8. User Information and Copyright
8.1 You are solely responsible for your use of the Services and for any User Information you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the User Information posted or listed via the Services.
8.2 You retain your rights to any User Information you submit, post, or display using the Services.
8.3 By submitting, posting or displaying User Information on or through the Services or the Platform, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Services, the Platform or through tools or applications we provide for posting or sharing such content (collectively “User Information”) for our lawful business purposes, including to provide, promote, and improve the Services.
8.4 Run Dino Run does not claim that submitting, posting or displaying User Information on or through the Platform gives Run Dino Run any ownership or resale rights in your User Information.
8.5 You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Information that you submit, post or display on or through the Platform. You agree that such User Information will not contain material subject to copyright or other proprietary rights, unless
you have necessary permission or are otherwise legally entitled to submit or post the material and to grant Run Dino Run the license described above.
8.6 Run Dino Run reserves the right to remove content without prior notice. Run Dino Run will take down works in response to formal infringement claims and will terminate a user’s access to the Services and/or the Platform if the user is determined to be a repeat infringer.
8.7 If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting us at:
8.8 Formal infringement claims regarding content on the Services must include:
A written communication delivered to us;
A physical or electronic signature of the copyright owner or someone authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) allegedly infringed;
Identification of material claimed to be infringing, reasonably sufficient to permit Run Dino Run to locate the material;
Information reasonably sufficient to permit Run Dino Run to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; ” and
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
8.9 If you believe that your likeness has been used in a way that violates your personality rights, please report this by contacting us at:
8.10Formal claims regarding content on the Services must include:
A written communication delivered to Run Dino Run;
A physical or electronic signature of someone authorized to act on behalf of the person or the estate affected;
Identification of material claimed to be violating, reasonably sufficient to permit Run Dino Run to locate the material;
Information reasonably sufficient to permit Run Dino Run to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
9. A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the person or the estate affected, its agent or the law;” and
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the person or the estate.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Run Dino Run, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, Services providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Run Dino Run Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of, or conduct in connection with the Services, the Platform, the Content, User Information or crypto assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of any applicable law, regulation or rights of a third party, including another user or a Third Party Platform operator. You agree to promptly notify Run Dino Run of any third party Claims and cooperate with the Run Dino Run in defending such Claims. You further agree that the Run Dino Run shall have control of the defense or settlement of any third party Claims when Run Dino Run ask for that. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Run Dino Run.
10.1 Except as expressly provided to the contrary in a writing by Run Dino Run, the Services, content contained therein, and crypto assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Run Dino Run (and our affiliates, agent or licensors ) make no warranty that the Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, reliable, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, up-to-date or safe. Run Dino Run disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of
merchantability, fitness for a particular purpose, title and noninfringement as to the Services, content contained therein. Run Dino Run does not represent or warrant that content on the Services is accurate, complete, reliable, current or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the Services. While Run Dino Run attempts to make your access to and use of the Services safe, Run Dino Run cannot and does not represent or warrant that the Services, Content, any crypto
assets listed on our Platform or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security.
10.2 We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of crypto assets, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Services, the Platform or crypto assets, and (f) any defect, error, fault, mistake or inaccuracy with information provided via the Services.
10.3 Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the Ethereum network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the Ethereum platform. We do not guarantee that Run Dino Run or any Run Dino Run party can effect the transfer of title or right in any crypto assets.
10.4 Run Dino Run is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart ncontract), blockchains or any other features of the crypto assets. Run Dino Run is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting crypto assets including forks, technical node issues or any other issues having fund losses as a result.
10.5 Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
11. Assumption of Risk
You accept and acknowledge:
a. The market and prices of blockchain assets are extremely volatile. Fluctuations and variations in the price of other digital assets could materially and adversely affect the value of any NFT or other items that you held, which may also be subject to significant price volatility. There is no guarantee that any purchasers of crypto assets or other items will retain any value or not lose money.
b. The Services will rely on third-party platforms such as MetaMask to perform the transactions for the purchase, auction or bidding of NFT. (1) If we are unable to maintain a good relationship with such platform providers; (2) if the terms and conditions or pricing of such platform providers change; (3) ifwe violate or cannot comply with the terms and conditions of such platforms; or (4) if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Platform and/or the Services will suffer.
c. There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. Run Dino Run reserves the right to remove, refuse to post or hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Run Dino Run. Under no circumstances shall the inability to view your items on Run Dino Run serve as grounds for a claim against Run Dino Run.
d. You are solely responsible for determining what, if any, taxes apply to your crypto assets or NFT transactions. Neither Run Dino Run nor any other Run Dino Run affiliate is responsible for determining the taxes that apply to crypto assets or NFT transactions.
e. There are risks associated with using the Platform, non-fungible tokens, cryptocurrencies and other internet-native items, including but not limited to,the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet or account. You accept and acknowledge that Run Dino Run will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using your account or the crypto assets, however caused.
f. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of crypto assets and NFT.
g. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of NFT, crypto assets andlo the Platform.
12. Limitation of Liability
12.1 To the fullest extent permitted by applicable law, in no event will Run Dino Run be liable to you or any third party for any lost profit or any general, consequential, exemplary, incidental, special or punitive damages arising from the use of these terms, the Services, the Content, items, NFT, crypto assets or third party sites and Services, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Run Dino Run has been advised of the possibility of such damages. Access to, and use of, the Services, items or third party sites and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
12.2 Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Run Dino Run arising out of or in any way related to these terms, the access to and use of the Services, Content, NFT, crypto assets, or any items or Services purchased on the Services exceed the greater of (a) ETH or (b) the amount received by Run Dino Run from the sale of NFT or Services that are the subject of the claim.
12.3 The foregoing limitations of liability shall not apply to liability of Run Dino Run for (a) death or personal injury caused by Run Dino Run’s gross negligence; or for (b) any injury caused by Run Dino Run’s fraud or fraudulent misrepresentation
13. Modifications to and Suspension of the Services
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the auction or bidding at any time and without liability therefore.
14. Dispute Resolution and Arbitration
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Run Dino Run and limits the manner in which you can seek relief from us.
14.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, the Platform, to any items sold or distributed through the Platform, or to any aspect of your relationship with Run Dino Run, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Run Dino Run may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
14.2 Arbitration Rules and Forum. The Hong Kong Law governs the interpretation and enforcement of the relationship and activities according to this Terms. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim(s) to us. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. Disputes involving claims and counterclaims under this Terms, not inclusive of attorneys’ fees and interest, shall be subject to HKIAC’s most current version of the HKIAC Arbitration Rules and procedures available at https://www.hkiac.org/arbitration/rulespractice-notes/hkiac-administered-2018. If HKIAC is not available to arbitrate, the parties will select an alternative arbitral forum.
14.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforce ability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Run Dino Run. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
14.4 Waiver of jury trial. Unless required by applicable law or specified in Section
15.1 above, you and Run Dino Run hereby waive any rights to sue in court and have a trial in front of a judge or a jury. You and Run Dino Run are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
14.5 Waiver of Class or Other Non-Individualized Relief. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a or collective class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the courts located in Hong Kong. All other claims shall be arbitrated.
14.6 Severability. Except as provided in this section, if any part or parts of this Arbitration Agreement are found under the applicable law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
14.7 Survival of Agreement. This Arbitration Agreement will survive the termination, cancellation or suspension of your relationship with Run Dino Run and this Terms.
14.8Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Run Dino Run makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Run Dino Run at the following
15. Governing Law and Venue
These Terms, your access to and use of the Services and Content, shall be
governed by and construed and enforced in accordance with the laws of Hong
Kong, the People’s Republic of China, without regard to conflict of law rules or
principles of Hong Kong, or any other jurisdiction that would cause the
application of the laws of any other jurisdiction.
Notwithstanding any provision contained in these Terms, we reserve the right, in our sole discretion at any time, for any reason or no reason, without notice, to terminate your right to access to or use all or any part of the Platform and/or the Services immediately. Termination may include, but not be limited to (i) removal of your access to Run Dino Run’s Platform or the Services, (ii) the deletion of all account information related to the Services from Run Dino Run’s media properties, (iii) the cancellation of your Account and (iv) barring any further use of or access to the Platform by you. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable under the applicable law, then that specific 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 of these Terms.
The following sections will survive the expiration or termination of the Terms and the termination of your Account: all defined terms, Sections 1-4 and 6-18.
The Terms along with the Auction Rules constitute the entire agreement between you and Run Dino Run relating to your access to and use of the Services, Content, and the Platform. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Run Dino Run, concurrent or subsequent circumstance, and Run Dino Run’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. (End)