Terms of Service
Thank you for choosing to be part of the D3 community. These terms of service (“Terms of Service” or “Terms”) are adopted for our sites, including www.d3.inc (each a “Site”) and all related sites, software, and services provided by Us that link to or reference these Terms of Service (collectively, the “D3 Platform”). The D3 Platform is owned and operated by D3 Global, Inc (“D3”, “We”, “Us” or “Our”).
Updated December 16, 2023
By accessing this Site, accessible from www.d3.inc, you are agreeing to be bound by these Terms of Service and agree that you are responsible for compliance with any applicable local laws. If you disagree with any of these Terms, you are prohibited from accessing this Site and our Services. The materials contained in this site are protected by copyright and trademark law and other laws governing intellectual property and proprietary rights.
By using our Services including downloading, accessing and using the Application, you agree to these Terms of Service. You are not permitted to use our Services if you do not agree to these Terms of Service. Where your access and use of the Services is on behalf of another person or entity (e.g. a company), you confirm that you are authorized to, and do in fact, agree to these Terms of Service on that person’s or entity’s behalf and that, by agreeing to these Terms on that person’s or entity’s behalf, that person or entity is bound by these Terms of Service.
We reserve the right, in our sole discretion, to change or modify any and all portions of these Terms of Service at any time by posting a notification on the Application; unless stated otherwise, any change will take effect immediately. You are responsible for ensuring that you are familiar with the latest Terms of Service. If you keep using our Services after the notification is posted, you will be deemed to have accepted the changes. If you don’t accept any changes, you must stop using our Services immediately and uninstall and delete the Application.
We may publish from time-to-time additional terms and conditions relating to use of the Services (“Additional Terms”). Such Additional Terms are in addition and subject to these Terms, unless otherwise stated. We may change, suspend, discontinue access to the Application or the Services generally without notice or liability.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT ALL CLAIMS, DISPUTES, OR OTHER CONFLICTS (“DISPUTES”) YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION; AND FURTHER: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. FOR FURTHER INFORMATION, INCLUDING INFORMATION REGARDING YOUR RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE DISPUTES, SEE “DISPUTE RESOLUTION” BELOW.
In these Terms of Service:
- Account means your registered account to use the Services.
- Application means the site or D3 mobile application (as applicable), on which Users can sell, re-sell, trade, collect and view Assets.
- Assets means licensed digital assets incorporating the Digital Property and minted as an NFT, available to buy through the Marketplace, and buy, sell and trade through listings on the Marketplace.
Content means all content included in or made available through our Services by us, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and Software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, communications, interactive features, augmented reality, virtual reality, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through our Services, but excludes User Content.
Device means a desktop, a mobile device or augmented reality device.
Digital Property means Domain names and name tokens.
Fees means the fees payable by you to us in respect of the Application, including up to 10% commission of the Price of each transaction.
Force Majeure means an event that is beyond the reasonable control of a party, excluding a lack of funds or inability to make payments for any reason.
Intellectual Property Rights means all worldwide intellectual property and proprietary rights in any jurisdictions, including the following: (1) any copyright, trademark, patent, trade secret or any other proprietary or intellectual property right, whether conferred under statute, common law, equity or otherwise, or any applications to register or sue for infringement of the same that exist in any jurisdiction of the world, and (2) any and all rights in inventions, designs, circuit layouts, data and databases, confidential information, software, technology, processes, techniques, methods, formulae, algorithms, and know-how, including any enhancement, modification or derivative work of the foregoing. Listing means a listing on the Application through which you offer to sell or trade an Asset in the Marketplace.
Loss means loss of profits, savings, revenue or data, and any other claim, damage, loss, expense (including reasonable attorneys’ fees), right, action, injury, liability or cost, including legal costs on a solicitor and own client basis. Marketplace means the secondary Marketplace function on the Application which permits Users to buy, sell and trade Assets with other Users.
My Collection means a virtual showroom in which Users can display their Assets. Licensors may have exclusive My Collections on the Application, in which Users can display their Assets relating to that licensor only.
NFT or Non-Fungible Token means a unique digital certificate associated with an Asset to identify the Asset, which is securely stored by us and transferred on the blockchain. Each NFT associated with an Asset on the Application contains a unique mint number.
Objectionable means (i) being objectionable, defamatory, obscene, offensive, harassing, threatening, unlawful, spam, inaccurate, misleading, harmful, defamatory, libellous, discriminatory, unlawful, vulgar, hateful, sexual or pornographic or similar in any way; (ii) posing or creating a privacy or security risk to any person; (iii) constituting unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (iv) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose D3, or other users to any harm or liability of any type.
Price means the purchase price payable for an Asset advertised via a Listing on the Marketplace or via the Store.
Sales Tax means sales tax, goods and services tax, value added tax or equivalent tax payable under any applicable law.
Services means the D3 Platform, Application, Store, Marketplace, an Account, Site, tools, infrastructure and any other services provided by us from time to time. Software means the software owned by D3 (and its licensors) that is used to provide the Application.
Store means the virtual storefront which operates as the primary Marketplace function on the Application through which Users can purchase Assets directly from D3.
Terms of Service mean these Terms of Service titled Terms of Service.
User means a user of our Services.
Underlying Systems means the Software, IT solutions, systems and networks (including software and hardware) used to provide the Services, including any third party solutions, systems and networks.
User Content means content, data, and information (including personal information) that is owned, held, used or created by you or on your behalf, and that is then stored, transmitted via, input into or displayed via the Application including, in the case of a Listing, all content, data and information uploaded into the Application by you when creating a Listing text,
Site means www.d3.inc.
You mean you as an individual with an Account, and any person on whose behalf you are acting.
D3 Name Token or Domain
3) THE APPLICATION
- The Application allows you to access the D3 digital environment, showroom, social media and message service, and the Store and Marketplace for Assets. On the Application you will be able to store, show, buy, sell or transfer Assets to and communicate with other Users of our Services.
- Any guidance we provide as part of our Services, such as pricing, distribution, listing, and sourcing is solely informational and you may decide to follow it or not. Such guidance does not constitute legal advice.
- You agree to use the Application solely for personal consumptive and/or entertainment purposes, and will not rely on the Services for any other reason.
- Our provision of the Services to you is non-exclusive. Nothing in these Terms prevents us from providing the Services to any other person. We will use reasonable efforts to provide continuous availability of the Services. However, it is possible that on occasion, our Services may be unavailable (for example to permit maintenance or other development activity to take place, or due to Force Majeure). We do not guarantee that the Services will always be available or be accessible at any particular time. We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4) USER ACCOUNT
- To use our Services you will need to first visit the Application and register an Account. To be eligible to create an Account, you must be at least 13 years of age and are residents of a country with which the United States does not have sanctions.. You agree that your selected username will not be Objectionable in any way. We can decline to make the Application or the Services available to you without notice and for any reason, including on the basis of your selected username if we consider it to be Objectionable in our sole discretion.
- You agree that you will provide accurate, complete and truthful information at all times that you are required to provide information (including when setting up an Account), and must promptly update that information as required so that the information remains true, current and complete.
- Your Account will comprise your profile, your communications, your transactions and any Assets you purchase.
- You are responsible for maintaining the security of your Account and agree to accept responsibility for all activities that occur under your Account. You must not share your login information or other security related information with any other person, or allow any other person to access your Account. You warrant that all activities on your Account are your own. You may not create an Account by automated means or under any false or fraudulent pretenses.
- You understand that anyone accessing your Account will be able to enter into transactions using your Assets and, to the extent that you have credit card details saved into your Account, purchase Assets using your credit card details, and we have no obligation to verify or take any steps to verify any instructions from you or appearing to be sent by you.
- Your account may be automatically deleted if it remains inactive for a period of 5 years. However, if there is transaction history associated with your account, the deletion may occur after a period of 10 years of inactivity.
5) USER LICENSE
Subject to your compliance with these Terms, we grant you permission to temporarily download one copy of the materials on the Site for your personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display;
- attempt to reverse engineer any software contained on D3's site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
Your non-compliance with the terms of this section shall grant us the right to immediately terminate your access to the Services. Upon termination, your viewing right and any other rights you may have to our Services will also be terminated and you shall destroy any downloaded materials in your possession whether in printed or electronic format.
6) ACCESS TO OUR SERVICES
- When using our Services, you acknowledge, agree, warrant and undertake that:
- you have not previously had your access to the Services or your Account terminated by us, unless otherwise permitted by our written consent;
- you have not breached or circumvented and will not breach or circumvent any applicable law, regulations or third-party rights, including by furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
- you will not use our Services if you do not meet the age criteria to be eligible, or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions or embargo;
- you are responsible for complying with trade regulations and both foreign and domestic laws;
- 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 you are not listed on any U.S. government list of prohibited or restricted parties;
- regulations may require us to collect more information or documentation from you and you will fully comply with all of our requests for more information or documentation from you and all information and documentation provided by you to us will be completely truthful, accurate and reliable;
- you will not use our Services for commercial use (for example, business (whether paid or unpaid), advertising, or marketing purposes);
- you will not attempt to undermine the security or integrity of our Services or interfere with or attempt to impair our Services or transmit software viruses, worms, harmful files, malware or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- you will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- you will not post, upload or transfer User Content or communications that could be considered Objectionable on our Services or use our Services for any Objectionable purpose;
- you will not transfer or give access to your Account and login credentials to another party without our prior written permission;
- you will not duplicate, bypass, decipher, decompile, extract, copy, replicate, disassemble or reverse engineer/reverse assemble any of the software or source code used to provide our Services;
- you will not use any bot, emulator, robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy or monitor our Services, participate in auctions or enter into transactions;
- you will not impose an unreasonable or disproportionately large load on our Application;
- you will not harvest or otherwise collect information about Users of our Services;
- you will not circumvent any technical measures used to provide our Services;
- you will not infringe the Intellectual Property Rights that belong to or are licensed to D3. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from Content that belongs to D3 or any third party, using that Content to advertise, Marketplace or sell a product or service, or as a basis for a securities product; incorporating that Content in videos or other media; creating or selling merchandise that includes that Content; and using that Content for any commercial purpose;
- you will not use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
- you will not infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post User Content that does not belong to you;
- you will not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services;
- you will not do anything on our Services that could be Objectionable to or could harm the reputation or Intellectual Property Rights of us or our licensors;
- you will not commercialize our Services or any information or software associated with our Services or access or use the Services for the purpose of creating a product or service that is competitive with any of D3’s products or services;
- you will not bid on domain names or terms in any search engine that mention D3 or any of its derivatives and misspellings, D3 with keywords such as but not limited to “D3 coupons”, “D3 promos”, “D3 promotions”;
- you will not breach our privacy or confidentiality or the privacy or confidentiality of any User of our Services;
- you will not create or register a security interest or encumbrance in or over any Asset, your money in our bank account or your User Content;
- you will not create the impression of a false Marketplace for any Asset on the Market;
- you will not manipulate the Marketplace for any Asset on the Market;
- you will not use an Asset or our Services to breach or circumvent any law, rule or regulation;
- you will not help another person, entity, algorithm or device to do anything prohibited above; and
- your access, use and continued access and use of our Services is conditional on you providing us and our authorized agents with any information you may be asked for by us to comply with applicable law and you consent to our holding or disclosing of this information for our legal compliance.
Where you breach any clause in these Terms of Service, including to avoid doubt, the matters set out above, we may, in our sole discretion, suspend, terminate or restrict your access to your Account or the Services. We may also restrict users’ access to our Services and suspend or terminate Accounts if we determine, at our discretion, that an arrangement has been put in place to circumvent our power to restrict a user’s access to our Services and suspend or terminate an Account.
We may limit, suspend or terminate your access to your account at any time.
7) INTELLECTUAL PROPERTY
- You agree that all right, title and interest (including all copyright, trademark, service marks, and other Intellectual Property Rights of any kind, whether registered or unregistered) in our Services (whether present or future), and all Content is and shall remain the property of D3, its licensors or their content suppliers (as applicable) and is protected by United States and international laws governing Intellectual Property Rights. Other than your User Content, we (and our licensors) own all proprietary and Intellectual Property Rights in the Application, the Software and the Underlying Systems, including all information, data, text, graphics, trademarks, logos.
- “D3” is a registered trademark of D3. Unauthorized use is prohibited.
- You acknowledge and agree that the Intellectual Property Rights in all Assets remain with the relevant licensor. When you buy an Asset (either through a sale or trade) using the Marketplace or the Store,
- you are buying the NFT associated with the relevant Asset; and
- we grant you, for so long as you own that Asset and subject to your compliance with these Terms, a personal, non-commercial, non-exclusive, non-transferable (except as specifically provided in this clause), non-sublicensable, revocable, limited license to download, view, display, and use the Digital Property in that Asset and its associated Content solely for your permitted use within the Marketplace, including reselling the Asset on the Marketplace in accordance with these Terms of Service.
- When you sell an Asset through the Marketplace in accordance with these Terms of Service, the license of the Digital Property in the Asset transfers to the new owner of that Asset, and your license expires with immediate effect.
- The Intellectual Property Rights holder’s underlying rights in the Digital Property will be unaffected when you complete a transaction in the Marketplace or Store via the Application or site. Neither we nor the relevant licensors of the Intellectual Property Rights in the Digital Property and associated Content offer to sell or license the Intellectual Property Rights in the Digital Property or associated Content. You must notify us immediately if you become aware of any actual or potential breaches of Intellectual Property Rights relating to your Account.
- must not modify any Asset (including, to avoid doubt, the NFT or the Digital Property associated with the Asset);
- must not use any Asset or associated Content to advertise, market or sell a product or service, or as a basis for a securities product; and
- agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Asset.
Your ownership of an NFT does not give you any ownership in the intellectual property and corresponding Intellectual Property Rights underlying the NFT, including the Asset. You are granted a limited license to use or display the Asset solely for your own personal, non-commercial use.
OWNERSHIP; LICENSE; RESTRICTIONS.
- (a) Definitions. “Own” (and any variations thereof, including “owns,” “owned,” “owner,” or “ownership”) means, with respect to a D3 Name Token or Domain that you have purchased or otherwise rightfully and lawfully acquired from a legitimate source in accordance with these Terms, where proof of such purchase is recorded on the relevant Ethereum blockchain and ownership of such D3 Name Token or Domain can be proven. For clarity, Ownership does not include title to or any right to possess or use an Asset, or any right to any Intellectual Property Rights in an Asset. “Third Party IP” means any third-party owned or licensed Intellectual Property Rights.
- (b) Ownership. (i) When you purchase a D3 Name Token or Domain, you Own an NFT on the Ethereum blockchain. You can trade the NFT, sell it, or give it away for free. Ownership of the NFT is governed solely by the applicable smart contract and the Ethereum Network. (ii) We Own the Site, and the Site includes the Name Tokens. You acknowledge and agree that We (or, as applicable, Our licensors) own all legal right, title and interest in and to all other elements of the Site, and all Intellectual Property Rights therein (including, without limitation, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Site). Other than expressly stated in these Terms, you do not have any other rights in D3 Content or other materials owned by D3 and made available by the Services (“D3 Materials”). You acknowledge that the D3 Materials are protected by, as applicable, copyright, trade dress, patent, and trademark laws, international conventions, other relevant Intellectual Property Rights and proprietary rights, and applicable laws. All D3 Materials are the property of D3 or its licensors, and all trademarks, service marks, and trade names associated with the Site or otherwise contained in the D3 Materials are proprietary to Us or our licensors. You may not use the D3 name without Our prior written consent. Except as expressly set forth herein, your use of the Services does not grant you ownership of or any other rights with respect to any art, Content, code, data, or other D3 Materials that you may access on or through the Site. We reserve all rights in and to the D3 Materials that are not expressly granted to you in these Terms. For the avoidance of doubt, you understand and agree: (1) that your acquisition or purchase of an NFT, whether via the Site or otherwise, does not give you any rights or licenses in or to the D3 Materials other than those expressly contained in these Terms; (2) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the D3 Materials without Our prior written consent in each case, which consent We may withhold in Our sole and absolute discretion; and (3) that you will not apply for, register, or otherwise use or attempt to use any D3 trademarks or service marks, or any confusingly similar marks, anywhere in the world without Our prior written consent in each case, which consent We may withhold in Our sole and absolute discretion.
- (c) Feedback. You may submit comments, bug reports, ideas, suggestions or other feedback about the Site (collectively, “Feedback”). You hereby grant Us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for Us to incorporate and use your Feedback for any purpose. By submitting Feedback, you agree that We are free to use such Feedback at Our discretion and without additional compensation to you, and to disclose such Feedback to third parties.
- (d) Use of the D3 Name. Notwithstanding any contained in these Terms, You agree that you will not use the D3 Name for any purpose without obtaining Our prior written consent. Approval shall be determined in Our sole discretion. Furthermore, non-response to a request for such approval shall not be deemed an approval.
- (e) Your Obligations. You agree that you are responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual proprietary rights of any party; (v) use the Site to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users' enjoyment of the Site; (viii) exploit the Site for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Site; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (xi) reformat or frame any portion of the Site; (xii) display any content on the Site that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the content posted on the Site, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the Site for the purpose of creating a product or service that is competitive with any of Our products or services. If you engage in any of the activities prohibited by this Section, We may, at Our sole and absolute discretion, without notice to you, and without limiting any of Our other rights or remedies at law or in equity, immediately suspend or terminate your account and/or prohibit your access to the Site.
10) THE MARKETPLACE
- When you access and use the Marketplace, we act as an intermediary for Marketplace Users to transact, and are not a party to any agreement to buy, sell or trade the Assets advertised on the Marketplace. When a User purchases an Asset and a User agrees to provide that Asset, they are entering into an agreement directly with each other. We do not act as an agent for any User.
- As we are not a party to the transaction, any interaction between you and another User, including any agreement entered into between you and another User, is a matter directly between you and that User only. Other than our obligations set out in these Terms of Service, and in addition to the disclaimers in Section 15 below, you agree that we:
- are not liable to you for the accuracy of any Listing, or any failure by a User to comply with these Terms of Service or any other legal obligation;
- are not liable or responsible for any guarantees or assurances made by the seller of any Listing on the Application;
- have not made, and do not make any representation, guarantee or warranty that any Asset will meet your requirements or expectations;
- are not liable or responsible for any increase or decrease in value of any Asset. We have not made, and do not make, any promises (whether explicit, implied or otherwise) as to the value of any Asset, including whether the value of the Asset will increase or decrease in the future. The Prices of collectible assets are volatile and subjective, and we cannot guarantee that any Assets purchase will retain any value, which may depend on a number of inherently subjective factors beyond our control, including the desirability of a particular Asset; and
- will not be responsible for the negligence or misconduct of other Users (including where another User has attempted to defraud you, doesn’t have the right to sell an Asset to you, or fails to complete a transaction).
- Listing: Where you list an Asset for sale or trade in the Marketplace:
- you must only list an Asset that you own in any Listing;
- your Listing must be accurate, current, complete and include all the relevant information on the Asset. We reserve the right, but are not required, to amend any listing to supplement, remove or correct information;
- your Listing must not be misleading (which includes ensuring no material information is left out); and
- you accept that, any sale of the Asset will be final, and that you will not be able to cancel the sale or retain ownership in the Asset. You enter into a legally binding contract to purchase an Asset when you commit to buy an Asset at the Price, your offer for an Asset is accepted by the seller (whether as a trade for another Asset(s) or for a Price), or if you have the winning bid in an auction.
- You must only place a bid on an auction if you intend to buy the Asset at Price. You cannot revoke a bid once it is placed.
- Where an Asset is sold by auction and you place the winning bid, you will be obliged to complete the purchase of the Asset at the Price and you will not be able to cancel your offer or negotiate a different Price once your bid has been lodged.
- You agree not to engage in any shill bidding (i.e. placing, or organizing someone to place, fake bids to manipulate price, desirability or the search position of your listing).
- Where we reasonably believe that you have engaged in shill bidding, we may suspend, or terminate your Account.
- Trading: Where you have entered into a trade with another User, that trade will be final and you will not be able to cancel the trade or negotiate a different trade.
- Prices specified on the Marketplace are set by the User offering the Asset for sale or trade. Prices are in USD (US Dollar). We do not make any representation that Prices set by Marketplace Users are reasonable or reflect the value of an Asset. We will not provide any refunds or reimbursements for any reason.
11) FEES AND PAYMENT
- Payments for our Services or Assets (through both the Store and Market) can be made by:
- using credit cards approved by us and processed by our third party service providers; or
- using a cryptocurrency wallet, such as MetaMask.
- You will be charged the Price (including any additional fees as may be charged by us from time to time) for any Assets purchased either from the Store or from the Marketplace, or for any premium Content or features purchased through the Application. Any purchases made on our Services (for Assets, premium content, features or otherwise) are final and non-refundable, and you are advised to double check before making any purchases.
- Any funds that you transfer to your Application wallet, or that are received by us from buyers for the sale of your Assets on the Marketplace, will be placed into our bank account and held on trust for your sole benefit (less any Fees charged in accordance with these Terms of Service), until you:
- use the funds to pay for Assets or Services on the Application; or
- instruct us to transfer the funds to your nominated bank account.
- You authorize us to deduct our Fees from funds held on trust and retain any interest earned on the funds held on trust.
- If we allow you to transfer any kind of cryptocurrency or virtual asset (excluding an Asset) to the Application, these will be held in your App Wallet until such time as the cryptocurrency is transferred out of your App Wallet to an external wallet.
- There is no charge for downloading our Application but you will need an internet connection. You are responsible for all associated charges from your internet or mobile network providers.
- By using our Services, you accept that it is your responsibility to calculate and pay:
- any taxes applicable to any transactions you conduct on our Services. We accept no responsibility for, nor make any representation in respect of, your tax liability;
- any fees associated with your payment method of choice; and
- any currency conversion fees
- We reserve the right to apply a fee for our services, and the applicable charges will be clearly presented during the checkout process.
- Banks and other credit or debit card issuers may offer a dispute process or credit or debit card payments. If your bank or issuer determines that a transaction on the Marketplace should be refunded (a “Chargeback”) and you are the seller, we will give effect to the Chargeback by debiting your App Wallet. Where we give effect to the Chargeback, you agree to indemnify us against any costs incurred as a result of the Chargeback, and authorize us to debit your App Wallet for the amount of any such costs. If your App Wallet contains insufficient funds for the Chargeback or our costs and we are unable to debit your App Wallet, this will create a debt between us and you.
- While we take reasonable steps designed to ensure that your Assets and User Content are secure, you are responsible for the security and integrity of your Account, Device and your associated connection to the internet. You acknowledge and accept all Assets are associated with Digital Collectible on the Ethereum blockchain, a distributed ledger network operated by several parties independent to us. The security of the Assets depends on the security of the Ethereum network.
- You must exercise every effort to ensure the safety of your Account and device by taking all reasonable care to prevent loss, theft and unauthorized or fraudulent use. That includes:
- not allowing anyone else to use your device without your authority;
- keeping your login details secret and unique;
- locking your device when it is not in use; and
- ensuring you have set up password access to your device and it is active.
- If you become aware or suspect that your login credentials to our Services have been compromised in any way, you must immediately notify us and also cease using our Services and uninstall and delete the Application.
- You must take all reasonable precautions to protect the value of your Assets to you including insuring your Assets.
13) THIRD PARTY WEBSITES OR RESOURCES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the internet (“Third Party Websites”). D3 has not reviewed all of the Third Party Websites linked to its Site and is not responsible for the contents of any such Third Party Website, including any products or services on or available from such Third Party Websites. The presence of any link does not imply endorsement by D3 of the Third Party Website. The use of any Third Party Website is at the user’s own risk. You further acknowledge and agree that D3 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of or reliance on any content, events, goods, or services available on or through any Third Party Website. Any dealings you have with third parties you encounter while using the Services or any Third Party Website are between you and the third party, and you agree that D3 is not liable for any loss or claim that you may have against any such third party. In addition, the manner in which Third Party Websites use, store, and disclose your information is governed solely by the privacy policies of such third parties, and D3 shall have no liability or responsibility for the privacy practices or other actions of any Third Party Website with whom you interact while using the Services.
The Services may also include or link to information, content and material from third parties, including other Users (“Third Party Materials”). Under no circumstances will D3 be liable in any way for any Third Party Materials; including, but not limited to any errors or omissions therein, any loss or damage of any kind you or any third party incurs as a result of the use of any Third Party Materials, or any damages that you may suffer as a result of your activity in connection with the Services or your Account using any Third Party Materials or any other interaction with such Third Party Materials. You acknowledge that we do not pre-screen or evaluate the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Materials or websites, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any Third Party Materials available via the Services. Without limiting the foregoing, we and our designees will have the right to remove any Third Party Materials that violate these Terms, is deemed by us, in our sole discretion to be otherwise objectionable, or for any other reason whatsoever.
We are not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize our Services and you hereby waive and release us and any other party involved in creating or delivering our Services from Loss or liability which may arise out of, result from, or relate in any way to such third party services.
Through the use of web services and APIs, the Application may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or creases to make that feature available on reasonable terms, we may cease to make that feature available to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
- You may cease using the Services at any time by removing your Account from the Application. If you do this, these Terms of Service and your right to access and use the Services will terminate immediately.
- We may refuse to create an Account for you, or close your Account and terminate, suspend or modify your access to our Services at any time, for whatever reason, without prior notice or reason given to you.
- We may, at our sole discretion and for whatever reason, change, modify, suspend or discontinue any of our Services, including the provision of the Application, the Store or the Marketplace, at any time without prior notice or reason given to you.
- Termination of these Terms of Service does not affect either party’s rights and obligations that accrued before that termination.
- No compensation is payable by us to you as a result of termination of these Terms of Service for whatever reason, and you will not be entitled to a refund of any amount that you have already paid to us.
15) WARRANTIES, LIABILITY AND DISCLAIMERS
THE SERVICES ARE IN BETA FORM AND, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDED BY D3 ON AN “AS IS” AND “WHERE-IS” BASIS. D3 HAS NO OBLIGATION TO CONTINUE TO DEVELOP, COMMERCIALIZE, SUPPORT, REPAIR, OFFER FOR SALE OR IN ANY OTHER WAY CONTINUE TO PROVIDE OR DEVELOP THE SERVICES EITHER TO YOU OR ANY OTHER PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, D3 MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THEIR USE OR OPERATION. WITHOUT LIMITING THE FOREGOING, D3 DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. D3 DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE OF DEFECTS, RUN ERROR-FREE OR UNINTERRUPTED, MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR DEVICE OR BE SECURE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, THIRD-PARTY MATERIALS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. THERE IS NO GUARANTEE THAT FEATURES OR FUNCTIONS OF THE SERVICES WILL BE AVAILABLE, OR IF AVAILABLE WILL BE THE SAME, IN ANY COMMERCIAL RELEASE VERSION OF THE SERVICES. THESE DISCLAIMERS SHALL EACH SURVIVE TERMINATION OF THESE TERMS.
THE SERVICES AND ACTIVITY ON THE D3 PLATFORM UTILIZE EXPERIMENTAL BLOCKCHAIN TECHNOLOGY, INCLUDING NFTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH TECHNOLOGIES ARE EXPERIMENTAL, SPECULATIVE AND INHERENTLY RISKY AND MAY BE SUBJECT TO BUGS, MALFUNCTIONS, TIMING ERRORS, HACKING AND THEFT, WHICH MAY EXPOSE YOU TO CERTAIN RISKS ASSOCIATED WITH NFTS. YOU ASSUME ALL RISKS RELATING TO YOUR USE OF OUR SERVICES WHICH INCLUDES THE RISKS GENERALLY LINKED TO USE OF THE INTERNET, MOBILE OR DESKTOP APPS, BLOCKCHAIN TECHNOLOGY, CYBERSECURITY, LICENSES, MARKETPLACES, REGULATION AND YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF OUR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT D3 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS; INCLUDING BUT NOT LIMITED TO ANY DAMAGE OR LOSS IN VALUE OF ANY NFT OR ASSET, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OF, ACCESS TO OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM THE LOSS OF ANY NFTS, ASSETS, GOODS, DATA, THIRD-PARTY MATERIALS, OR INFORMATION, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY LOSS IN VALUE OF ANY NFT OR INABILITY TO TRANSFER ANY NFT; (D) UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT (INCLUDING ANY ACTS OR OMISSIONS) OF ANY THIRD PARTY ON THE D3 PLATFORM OR SERVICES, INCLUDING ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES; (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (G) TELECOMMUNICATIONS UNAVAILABILITY, INTERRUPTION, DELAY FAILURE OR FAULT; (H) OUR DECISION TO CHANGE, MODIFY, SUSPEND OR DISCONTINUE ANY OF THE SERVICES; (I) MAINTENANCE OR REPAIRS CARRIED OUT BY US OR ANY THIRD PARTY SERVICE PROVIDER IN RESPECT OF ANY SYSTEMS USED IN CONNECTION WITH THE PROVISION OF OUR SERVICES, WHETHER LEADING TO DELAYS OR DISRUPTIONS IN OUR SERVICES OR NOT; (J) ANY FORCE MAJEURE EVENT; OR (K) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. SHOULD A COURT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY IN THIS USER AGREEMENT, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE AN USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE TERMS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
EXCEPT TO THE EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS HAS THE EFFECT OF CONTRACTING OUT OF THE UNITED STATES CONSUMER GUARANTEES ACT 1993, OR ANY OTHER CONSUMER PROTECTION LAW THAT CANNOT BE EXCLUDED.
THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY US FROM, AND HOLD US AND EACH OF OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, VENDORS, PARTNERS AND AGENTS (“INDEMNITEES”) HARMLESS FROM, AND AGAINST ANY AND ALL LOSSES ARISING OUT OF OR RELATING TO:
- YOUR ACCESS TO OR USE OF OUR SERVICES;
- YOUR VIOLATION OF THESE TERMS, ANY RIGHTS OF ANOTHER OR ANY APPLICABLE LAW OR REGULATIONS; AND
- ANY USER CONTENT YOU MAY PROVIDE.
If you are a California resident, you expressly waive California Civil Code Section 1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine to the fullest extent permitted by law in that jurisdiction. This indemnity and release obligation survives the termination of these Terms.
“Confidential Information” means any information disclosed by D3 to you, whether before or after the date of this Agreement, that you should reasonably understand to be the confidential or trade secret information of D3 based on its contents or the circumstances surrounding its disclosure. Confidential Information does not include information that (a) was already public when D3 discloses to you or becomes public (other than as a result of breach of these Terms by you) after D3 discloses it to you, (b) when D3 discloses it to you, is already in your possession as the result of disclosure by a third party not then under an obligation to D3 to keep that information confidential, (c) after D3 discloses it to you, is disclosed to you by a third party not then under an obligation to D3 to keep that information confidential, or (d) is independently developed by you without any use of or reference to D3’s Confidential Information.
You shall not use Confidential Information except to exercise your rights and perform your obligations under these Terms. You shall not disclose Confidential Information to any third party without the prior written approval of D3. You shall disclose Confidential Information internally only to those employees who need to know Confidential Information in order for you to exercise your rights and perform your obligations under these Terms and who are bound by written confidentiality obligations at least as protective as these Terms. You shall take precautions to prevent disclosure or use of Confidential Information other than as authorized under these Terms. You shall promptly notify D3 of any actual or suspected misuse or unauthorized disclosure of D3’s Confidential Information.
If you are required to disclose Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, you shall, prior to any such disclosure (a) provide prompt notice to D3 of such disclosure requirement and (b) cooperate with D3 to obtain a protective order or otherwise prevent public disclosure of such information. You shall limit any required disclosure to the particular Confidential Information required to be disclosed.
18) Copyright Complaints
We respect the intellectual property of others, and we ask that you do the same. If you believe that any User Content or any other aspect of the Services has copied, used, or displayed in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the D3 Copyright Agent as set forth below (subject line: “DMCA Takedown Request”):
D3 Global Inc
Attn: Copyright Agent
304 S. Jones Blvd #1115
Las Vegas, NV 89107
e-mail: [email protected]
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located, with enough detail that we may find it on the Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe your User Content that was removed (or to which access was disabled) is not infringing, or you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the D3 Copyright Agent containing:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the United States of America, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the D3 Copyright Agent, D3 will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
PLEASE NOTE THAT D3 INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the memberships of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
These Terms of Service constitute the entire and exclusive understanding and agreement between us and you in respect to any matter raised in these Terms of Service, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between us and you with respect to any matter raised in these Terms of Service.
You may not assign or transfer any of your rights under these Terms of Service without our prior written permission. Any attempt by you to assign or transfer these Terms of Service, without such permission, will be null and void. We may freely assign or transfer these Terms of Service, including any right or obligation set out in these Terms of Service, without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
When you use our Services, or send e-mails, text messages, and other communications from your Device to us, or other Users, you may be communicating with us electronically. We may also provide you with notices, including notices relating to these Terms of Service by way of electronic communications, including by email or other electronic communication through the Application. You consent to receive communications from us electronically, such as e-mails, SMS, mobile push notices, or notices and messages on our sites or through our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are solely responsible for ensuring your contact details in your Account are always up to date.
If any part of these Terms of Service is, or becomes, legally invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If we do not exercise or enforce any rights available to us under these Terms of Service, that does not constitute a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of D3. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
Our shareholders, subsidiaries, affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees will have the benefit of our rights, powers and protections in these Terms of Service and any one of them can enforce any of our rights, powers and protections as if they were a party to these Terms of Service.
Nothing in these Terms of Service shall be deemed or is intended to be deemed, nor shall it cause, either you or us to be treated as partners, joint ventures or as the agent of the other.
Neither us, nor any user of our Services, nor any other party involved in creating, producing, or delivering our Services shall be liable for any failure to perform its obligations under these Terms of Service to the extent caused by Force Majeure.
20) DISPUTE RESOLUTION
Except to the extent that they are preempted by U.S. federal law, the laws of the state of Nevada, excluding conflict-of-laws principles of any jurisdiction, govern these Terms and any Disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
YOU AGREE THAT DISPUTES RELATING TO OR ARISING OUT OF THE APPLICATION OR SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
If you live in a jurisdiction which allows you to agree to arbitration, you agree that any disputes (including the validity or enforceability of this arbitration provision) will be settled by binding arbitration, except that any party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s Intellectual Property Rights. Notwithstanding this arbitration agreement, we reserve the right to bring an action in any court of competent jurisdiction against you to stop you from breaching or continuing to breach these Terms, to seek all available remedies against you under these Terms (including all forms of damages and compensation) and/or to enforce our rights or powers under these Terms.