EQUINE.GG TERMS OF SERVICE
For the purpose of these Terms, “Equine NFTs” refers to unique non-fungible digital tokens relating to the Equine.gg platform, implemented or created on the Cardano blockchain network, or such other blockchain network which allows for the implementation or creation of similar non-fungible tokens (the “Relevant Blockchain Networks”) using native token minting and/or smart contracts, and which is irrevocably associated with a token which has a unique assetID and contains within its minting transaction and subsequent update transactions metadata such as the name, description, parameters or image files stored on IPFS or such other storage network. Equine NFT may comprise Horse NFT, Jockey NFT, and Skin NFT (as more particularly described herein)
All information provided by or on behalf of Equine is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of Equine. Before you make any financial, legal, or other decisions involving Equine NFTs, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
The Website is intended for users who are at least 21 years old. People under the age of 21 are not permitted to use the Website. By clicking on the “I accept” button, completing the account connection process , using our services and/or purchasing Equine NFTs, 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 MAY NOT ACCESS OR USE THE SERVICES OR PURCHASE THE EQUINE NFTS.
- THE ROLE OF EQUINE
a. The role of Equine is expressly limited to launching the underlying smart contracts for the Services and Equine NFTs, making the front-end Equine.gg platform available and maintaining it for various users to use the Services and interact in a peer to peer manner. EQUINE IS AN INTERMEDIARY PLATFORM, AND IS NOT A BROKER, FINANCIAL INSTITUTION, AGENT OR FIDUCIARY FOR ANY USER. THE SERVICES IS ADMINISTRATIVE IN NATURE ONLY. EQUINE FACILITATES PEER TO PEER TRANSACTIONS BETWEEN USERS, AND IN PARTICULAR IS NOT A PARTY TO ANY AGREEMENT BETWEEN BUYERS AND SELLERS OF EQUINE NFTS BETWEEN ANY USERS, NOR CAN IT BE RESPONSIBLE FOR THE CONDUCT OF ANY OF THE ACTS OR OMISSIONS OF USERS ON THE EQUINE.GG PLATFORM.
b. The user understands and acknowledges that the underlying smart contracts do not give Equine any custody, possession, or control of any Equine NFT or cryptocurrency at any time for the purpose of facilitating transactions. Equine is a non-custodial service provider and the Services and Equine NFTs are directly accessible by users without any involvement or actions taken by Equine or any third-party.
a. Equine.gg platform allows users to participate in a variety of races, games and contests related to digital Horse NFTs. Players will be able to select a specific race they would want to compete in, and select the relevant Horse NFT, Jockey NFT and/or Skin NFT(s) which they would assign to participate in the race.
b. The bespoke Equine racing engine takes all the available Smart Contract data (Horse NFTs in a race, their physical and mental stats, the Jockey NFTs, track lengths, surface conditions and so on) and builds a realistic run step-by-step which is then played to the viewers.
c. Standard races will require payment of an entry fee (paid in ADA), and will offer top performing players rewards/prizes in ADA. There will also be free races which do not require any entry fee to be paid , but will still offer winners rewards (paid in ADA). There are also other prize categories such as special skins or other NFTs that can also be won during periodically occurring special events.
d. The Equine.gg platform would introduce a dedicated marketplace for Equine NFT, which would also enhance the specific experience of trading Horse NFTs and associated items by introducing events such as regular auctions for breeders.
e. A key component of the game would be the breeding mechanics and training, where Horse NFTs may be “retired” from racing and used to “breed” new Horse NFTs, and Horse NFTs may be further trained through participation in races to improve their stats. Certain fees will be charged in ADA for breeding while training will be activated by race participation which is usually paid . The breeding engine utilises Mendelian genetics for realistic outcomes of the breeding of two Horse NFTs – new Horse NFTs will “inherit” genes from its “parents”, and the parents before them, which will usually result in a mixture of traits. Breeding occurs via smart contracts, and the new Horse NFT is generated and sent to the wallet of the user who owns the mare Horse NFT in the breeding pair.
- GAMES OF SKILL
a. By utilising the Services on the Website, each user acknowledges and agrees that he/she is participating in a game of skill. Games of skill are legal, as they are generally excluded from the ambit of gambling legislations around the world. The Website and Service may not be used for any form of illicit gambling, betting, or wagering (howsoever named).
b. All races, games and contests offered on the Website are games of skill. Winners are determined by the objective criteria accompanying the rules of each game regarding deadlines, rosters, scoring, and any other applicable documentation associated with such race, game or contest. Races would require all players to take into account all race parameters and conditions when fielding their Horse NFT and Jockey NFT, utilise their skill and knowledge of prevailing conditions and their opponents, as well as their attention, experience and adroitness to increase their chances to out-perform other players according to the rules of the race. The race requires users to field well-balanced teams and match them with the most suitable conditions with limited resources to gain the best outcomes.
c. Participating in any race, game or contest available on the Equine.gg platform does not create any obligation on Equine to award you any earnings, prize or rewards. Your rewards (if any) is entirely dependent on your skill as a player vis-a-vis other players in the relevant race, game or contest, subject to the prevailing rules.
d. In the event that your usage of the Services constitutes any form of gambling, betting, or wagering (howsoever named) under any laws applicable to you, you shall not be allowed to utilises the Services.
a. If you wish to receive the Services, you will need to register for an account (“Account”) by connecting your digital wallets on supported bridge extensions or digital wallet services such as Eternl, Nami which allows you to purchase, store, and engage in transactions relating to digital assets. In the future you will be able to link email with your account to enhance functionality of the platform. By creating an Account, you shall:
- provide accurate, current and complete Account information about yourself;
- maintain and promptly update from time to time as necessary your Account information;
- maintain the security of your password and accept all risks of unauthorised access to your Account and the information you provide to us;
- immediately notify us if you discover or otherwise suspect any security breaches related to the Services, or your Account;
- not buy, sell, rent or lease access to your Account or username; and
- not share your Account access details with anyone.
b. Equine may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalisation) of incomes obtained by criminal means, or for counteracting financing of terrorism. Equine may also require you to provide additional information and documents in cases where it has reasons to believe that:
- Your Account is being used for money laundering or for any other illegal activity;
- You have concealed or reported false identification information and other details; or
- Transactions effected via your Account were effected in breach of these Terms.
In such cases, Equine, in its sole discretion, may pause or cancel your transactions until such additional information and documents are reviewed by Equine and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Equine may refuse to provide the Content (defined in Section 6.a below) to you.
c. By creating an Account, you consent to receive electronic communications from Equine (e.g., via email, push notifications on social accounts you are connected from, or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes and other transactional information) 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 news and 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.
a. Equine owns the Website. You acknowledge and agree that unless otherwise indicated in writing by us, Equine (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Website, and all intellectual property rights therein (including, without limitation, all art, designs, systems, methods, information, computer code, software, services, website design, “look and feel”, organisation, compilation of the content, code, data and database, functionality, audio, video, text, photograph, graphics, underlying intellectual property and meta-data associated with Equine NFTs, and all other elements of the Website (collectively, the “Content”). You acknowledge that the Content are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Content are the copyrighted property of Equine or its licensors, and all trademarks, service marks, and trade names associated with the Website or otherwise contained in the Content are proprietary to Equine or its licensors. Except as expressly set forth herein, your use of the Website does not grant you ownership of or any other rights with respect to any content, code, data, or other Content that you may access on or through the Website. We reserve all rights in and to the Content that are not expressly granted to you in these Terms.
b. You understand and agree that:
- your usage of the Website does not give you any rights or licenses in or to the Content (including, without limitation, our copyright in and to the associated art) other than those expressly contained in these Terms;
- you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialise any elements of the Content (including, without limitation, any art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and
- you will not apply for, register, or otherwise use or attempt to use any Equine 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 at our sole and absolute discretion.
c. All transactions that take place on the Website, whether they are related to games or minting or transfer of Equine NFTs, are facilitated via smart contracts existing on the Relevant Blockchain Network, and are initiated, managed and confirmed via such Relevant Blockchain Network at the complete risk of users. You understand that your public address will be made publicly visible whenever you engage in a transaction with other users on the Website. Equine neither owns nor controls the Relevant Blockchain Network or any supported bridge extension or digital wallet service, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Website.
- LICENSE TO ACCESS AND USE THE CONTENT
a. You are hereby granted a personal, limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, license to access and use the Content for the purpose of the Services; provided, however, that such license is subject to these Terms and does not include any right to:
- sell, resell or use commercially the Services or Content;
- distribute, publicly perform or publicly display any Content;
- modify or otherwise make any derivative uses of the Services or Content, or any portion thereof;
- use any data mining, robots or similar data gathering or extraction methods; or
- download (other than page caching) any portion of the Services or Content, except as expressly permitted by us.
b. You accept and acknowledge that Equine NFTs function solely as a record of authenticity and ownership on the Relevant Blockchain Network, so ownership of the Equine NFT by a user does not automatically mean ownership of any associated intellectual property. Each Equine NFT purchased may include intellectual property elements that are owned by Equine (or the relevant affiliate).
c. Without prejudice to the generality of the foregoing, all metadata and intellectual property associated with each Equine NFT is owned by Equine (or the relevant affiliate). The holder of a Equine NFT is solely granted the limited license right to the following:
- access to a permanent link to access the details of the metadata and download artwork for personal viewing;
- display the work both privately and publicly in a virtual environment;
- transfer such limited licence to a third party together with the sale of such Equine NFT; and
- usage of the Relevant Blockchain Network to record the provenance of the Equine NFT.
In particular, the holder of a Equine NFT has no right to copy or reproduce the Equine NFT.
d. Equine NFT initially comprises 3 different types of NFT collectibles:
- Horse NFT is a digital representation of a horse required to participate in core game activities like racing and breeding. Each Horse NFT has unique stats and features, may grow, breed, train and die at the end of its lifecycle .
- Jockey NFT is a digital representation of a jockey, which compliments and modifies the abilities and mental stats of Horse NFTs, and compliment their horse’s abilities. It is an optional feature, and players can still play the game with a Horse NFT but without their own Jockey NFT.
- Skin NFT is a wearable graphic/audio cosmetic modifier which allows players to modify the appearance of their Horse NFT or Jockey NFT. It is also an optional feature, and not necessary to play the game.
e. The holder of Equine NFTs irrevocably indemnify and release Equine its affiliates, officers, and successors from any liability arising from the user’s usage of the Content or Equine NFTs.
- OPEN SOURCE SOFTWARE
a. Equine may make (but is not obligated to make) any smart contracts or source code written by it available for download as open source or copyleft software. You agree to be bound by, and comply with, any license agreement that applies to such software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of such software. Where Equine enables you to access and use such software through its websites (including the Site), then these Terms will apply to such access and use, as well as any license agreements that we may release such software under.
b. You also acknowledge that the open source or copyleft software may be written upon by any person and Equine shall not be responsible for any output therefrom.
c. All software and smart contracts relating to the Equine.gg platform will not be represented, maintained or monitored by an official organisation or authority. Third parties not affiliated with Equine may introduce weaknesses or bugs into the supporting infrastructure elements of the open-source code which may negatively impact the Equine.gg platform, races, contests, or games thereon, or Equine NFT, resulting in loss of trust in security or operations.
- USER CONDUCT
a. 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 accessing the Website. You agree that you will abide by these Terms and will not:
- Employ any device, scheme or artifice to defraud, or otherwise materially mislead, Equine or any user of the Website, including by impersonating or assuming any false identity;
- Use or attempt to use another user’s Account without authorisation from such user and Equine;
- Create or list counterfeit items;
- Pose as another person or create a misleading username;
- Create, buy, sell or use any Equine NFT that infringes or in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless you own or control the rights thereto or has received all necessary consent to do the same;
- 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 in any manner;
- Develop, utilise, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
- Engage or attempt to engage in or assist any hack of or attack on the Website, including any “sybil attack”, “DoS attack” or “griefing attack” or theft of Equine NFTs or digital assets, or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property or interfere with the Equine NFTs;
- 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 Service, 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 authorised to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
- Use data collected from our Service to contact individuals, companies, or other persons or entities;
- Use data collected from our Service 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 Relevant Blockchain Network 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 Relevant Blockchain Network, or the Services;
- Engage in wash trading or other deceptive or manipulative trading activities;
- Place misleading bids or offers;
- 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 to participate in fundraising 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; or
- use the Services or the Website by or on behalf of a competitor of Equine or competing platform or service for the purpose of interfering with the Equine NFTs on the Website or to obtain a competitive advantage.
b. Equine shall have the right, but not the obligation, to monitor the content of the Equine NFTs , to determine compliance with these Terms and any operating rules established by Equine and to satisfy any law, regulation or authorised government request. Equine shall have the right in its sole discretion to edit, refuse to post or remove any listings on the Website or material submitted to or posted in connection with the Equine NFTs. Without limiting the foregoing, Equine shall have the right to remove any material that Equine, in its sole discretion, deems inappropriate, disruptive, or illegal, including material that:
- violates international intellectual property laws
- promotes suicide or self-harm
- incites hate or violence against others
- degrades or doxes another individual
- depicts sexually suggestive situations
- relates to known terrorist organisations (as listed by any regulatory authority in any jurisdiction or global watchlist)
- Equine reasonably believes to be stolen assets, assets taken without authorisation or otherwise illegally obtained assets.
c. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to post any listings or list any Equine NFTs for sale on the Website. Equine reserves the right to remove listings without prior notice. Equine will take down listings or Equine NFTs in response to formal infringement claims and will terminate a user’s access to the Services if the user is determined to be a repeat infringer.
d. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this Section 9, you are required to report it to us.
- FEES, COMMISSIONS, ROYALTIES AND OTHER CHARGES
a. You shall pay to Equine all service fees and other charges (“Fees”) determined from time to time in the sole discretion of Equine, including entry fees for participating in races, games and contests, or fees or royalties for the creation, purchase, sale of Equine NFTs (whether in respect of a primary or secondary sale). The amount of fees, commissions or royalties payable will be notified to you via a checkbox prior to confirming any transaction.
b. In addition, all transactions on the Website which require interaction with the Relevant Blockchain Network will require “transaction ” fees to be paid to third-party miners/validators on such Relevant Blockchain Network as consideration for their services in confirming such blockchain transactions, which shall be borne by you.
c. All transactions relating to the creation, purchase, sale or transfer of Equine NFTs on the Website are final. All Fees, ” transaction ” fees, commissions or royalties paid are non-refundable except at the sole discretion of Equine.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Equine, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Indemnified 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 the Services or Equine NFTs, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party.
THE SERVICES, CONTENT CONTAINED THEREIN, AND EQUINE NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AT YOUR SOLE RISK WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EQUINE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT: (A) THE SERVICES OR EQUINE NFTS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES OR EQUINE NFTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE SERVICES OR EQUINE NFTS WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE; (D) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR THE EQUINE NFTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE WILL BE SECURE, AND YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILFUL DEFAULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE AND ANY EQUINE NFTS THEREON (OR ANY PART HEREOF), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY.
- ASSUMPTION OF RISK
You accept and acknowledge:
a. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Equine NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Equine NFTs will not lose money.
b. You are solely responsible for determining what, if any, taxes apply to your usage of the Services as well as Equine NFT transactions. Neither Equine nor any other Equine Party is responsible for determining the taxes that apply to Equine NFTs transactions.
c. Our Service does not store, send, or receive Equine NFTs. This is because Equine NFTs exist only by virtue of the ownership record maintained on the Relevant Blockchain Network. Any creation or transfer of title that might occur in any Equine NFT occurs on the Relevant Blockchain Network, and not in connection with the Services. Equine cannot guarantee that it, or any party can effect the transfer of such title or right any Equine NFTs.
d. Equine NFTs and any associated transfers or marketplaces for the same utilise smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. There are risks associated with using an Internet based currency or service in connection therewith, 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 unauthorised access to information stored within your wallet. You accept and acknowledge that Equine will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Equine NFTs, however caused.
e. There may be various vulnerabilities, failures or abnormal behavior of software relating to the Services or Equine NFTs (e.g., wallet, smart contract), or relating to the relevant Blockchain Network, and Equine cannot be responsible for any losses in connection with the same, including without limitation any losses in connection with (i) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions, (ii) server failure or data loss, (iii) corrupted wallet files, or (iv) unauthorised access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing or other means of attack against the Website, the relevant Blockchain Network, or your digital wallet.
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 of the Services and/or value of Equine NFTs.
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 Equine NFTs.
h. The Services will rely on third-party supported bridge extensions or digital wallet services to perform transactions, including those related to Equine NFTs. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Services will suffer.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EQUINE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, EQUINE NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DIGITAL ASSETS, 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 EQUINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EQUINE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, THE WEBSITE OR EQUINE NFTS EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO EQUINE IN RESPECT OF SERVICES PROVIDED TO YOU (WHICH FOR THE AVOIDANCE OF DOUBT DOES NOT INCLUDE THE PURCHASE PRICE OF EQUINE NFTS THAT ARE PAID TO THE SELLER).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
- MODIFICATIONS TO 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) without liability therefore.
- DISPUTE RESOLUTION; ARBITRATION.
a. Please read the following arbitration agreement in this Section 16 (this “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Equine and limits the manner in which you can seek relief from us.
b. You agree that any dispute or claim relating in any way to your access or use of the Services or Equine NFTs, or in connection with any aspect of your relationship with Equine, will be resolved by binding arbitration, rather than in court, except that Equine 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).
c. All disputes shall be referred to and finally resolved by arbitration administered by the BVI International Arbitration Centre in accordance with the BVI IAC Arbitration Rules. judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d. YOU AND EQUINE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Equine are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16b above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. 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.
- GOVERNING LAW AND VENUE
These Terms, your access to and use of the Services and Content, and your participation on the Equine.gg platform shall be governed by and construed and enforced in accordance with the laws of Panama, without regard to conflict of law rules or principles of any jurisdiction that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction.
a. You may terminate these Terms at any time by discontinuing your access to and use of the Website. To the fullest extent permitted by applicable law, you will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) on the Website.
b. You agree that any suspension or termination of your access to the Website may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
Should any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable in any respect under any law of any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable; if such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision pursuant to this Section 18 shall not affect or impair the validity and enforceability of the rest of these Terms, nor the validity and enforceability of such provision or part-provision under the law of any other jurisdiction.
The following Sections will survive the expiration or termination of these Terms and the termination of your Account: Sections 11, 12, and 14.
a. These Terms constitute the entire legal agreement between you and Equine relating to your access to and use of the Services and Content, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Website, whether oral or written.
b. There are no third party beneficiaries to these Terms. 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.
c. The parties are independent contractors, and nothing in these Terms create any agency, partnership, joint venture or any similar relationship, nor cause the parties to be deemed acting in concert in any respect.
d. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
e. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Notwithstanding anything contained herein, we may assign our rights and obligations under these Terms in our sole discretion (without your consent) to an affiliate for any reason, including without limitation any assignment or novation in connection with a reincorporation to change Equine’s domicile.
f. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision.
g. Equine will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties.
h. Equine 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 end 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.
Last Updated: 7 October 2022