These DUCK × MY × DUCK Terms of Use, together with any supplemental terms and policies incorporated herein, constitute a legally binding agreement (collectively referred to as the "Terms" or "Terms of Use") made between you, whether personally or on behalf of an entity ("you", "User") and DUCK × MY × DUCK (the entity responsible for publishing the DUCK × MY × DUCK game on Telegram, referred to as "we", "us", or "our"), concerning your access to and use of the DUCK × MY × DUCK web app (the "App"), as well as any other media, mobile websites, mobile applications, or services made available by or on behalf of DUCK × MY × DUCK and related, linked, or otherwise connected thereto (collectively, with the App and any Smart Contracts or other software or services enabled thereby, the "Services"). The Services include any distributed application may include one or more blockchain networks, which may include the TON Network or other blockchain systems (the "Blockchains"), using smart contracts (each, a "Smart Contract") that interact with digital assets, such as tokens or NFTs. These Digital Assets may be visualized or interacted with via the Services and other third-party platforms.
The Services are not intended for distribution in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject us to any registration requirement or legal compliance. You are solely responsible for ensuring compliance with all applicable laws when accessing or using the Services.
PLEASE NOTE THAT SECTION 13 OF THESE TERMS CONTAINS PROVISIONS REGARDING DISPUTE RESOLUTION. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, WITH LIMITED EXCEPTIONS. PLEASE REVIEW SECTION 13 CAREFULLY.
PLEASE NOTE THAT SECTION 4 CONTAINS YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING TEXT MESSAGES AND PUSH NOTIFICATIONS.
We provide the Services to you based on the Terms set forth here. By using the Services or any related product or service provided by DUCK × MY × DUCK, you agree that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are expressly prohibited from using the Services and must discontinue use immediately.
Please refer to our Privacy Policy for information about how we collect, use, and share personal information. By submitting data through the Services, you expressly consent to the collection, use, and disclosure of your personal data as outlined in the Privacy Policy.
Changes to the Terms of Use: We reserve the right to modify these Terms of Use at any time and in our sole discretion. If we make changes, we will notify you through Telegram channels, via the Services, or by updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Services after such changes, you confirm your acceptance of the revised Terms of Use. We encourage you to review the Terms regularly to stay informed of updates. If you do not agree to the revised Terms of Use, you may not access or use the Services.
2.1. General The Services include an online platform through which users can play the DUCK × MY × DUCK game and purchase Digital Assets or other Items (as defined below) that can be used in the game. To access certain features of the Services, including purchasing Digital Assets, users may be required to connect a compatible digital wallet.
2.2 Digital Asset Terms There may be limits or other terms that apply to the purchase, sale, or use of Digital Assets or Items within DUCK × MY × DUCK's Content (defined below). These may include, without limitation, any fees related to the resale of a Digital Asset or Item, regardless of whether such resale occurs on or off the platform. DUCK × MY × DUCK will display such terms at the point of sale or elsewhere within the Services (collectively, the "Digital Asset Terms").
2.3. Disclaimers with Respect to the Services Any information provided by DUCK × MY × DUCK on any platform or through the Services is for informational and entertainment purposes only. It should not be considered an offer to sell or a solicitation to buy any interest in any security, entity, investment vehicle, or contract, including Digital Assets.
NFTs present in DUCK × MY × DUCK games, Apps and other Services are exclusively of collectible character. We use NFTs to enhance gameplay and provide entertainment following modern trends. No information or mechanic present in DUCK × MY × DUCK games, Apps and other Services constitutes a financial advice, a call to invest/earn/trade, facilitates trading or exchange of securities or digital assets, mining of cryptocurrency, advertisement of financial services, investment options, a promise of potential earnings, or other similar or related activity of service. When an NFT acquired in our Services is extracted by the User to a third-party wallet/account/market, we no longer exert any kind of control over it. Such a User is free to dispose of it in any way she wishes under the NFT License established by the Terms. Our control of a given NFT present and used by the User in DUCK × MY × DUCK games and Apps is limited to the following purposes:
We do not manage NFTs for any kind of financial, commercial and/or investment purpose, nor do NFTs offered to Users in DUCK × MY × DUCK games and Apps possess any predetermined market price. NFTs offered to Users are unique and non-fungible.
2.4. Updates You acknowledge that the Services are continuously evolving. We may require you to accept updates to continue using any part of the Services. You agree that DUCK × MY × DUCK may update the Services with or without notifying you. Any future release, update, or other additions to the Services will be subject to these Terms of Use. DUCK × MY × DUCK, its suppliers, and service providers reserve all rights not expressly granted by these Terms. Any unauthorized use of the Services will terminate the licenses granted under these Terms of Use.
3.1. Ownership Unless otherwise indicated by us in writing, the Services and all content and other materials contained within DUCK × MY × DUCK, including but not limited to designs, text, graphics (still or animated), animations, images, information, data, software, and the overall selection and arrangement (collectively, the "Content"), are the proprietary property of DUCK × MY × DUCK or our affiliates, licensors, or users, as applicable. The DUCK × MY × DUCK logo, and any product, service name, logo, slogan, trademark, and service mark (the "Marks") are owned or licensed to us and are protected by copyright, trademark laws, and other intellectual property rights and unfair competition laws of various jurisdictions and international conventions. Except as expressly stated in these Terms of Use, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. Reference to any products, services, processes, or other information by name, trademark, manufacturer, or otherwise does not imply endorsement, sponsorship, or recommendation by DUCK × MY × DUCK.
3.2. Access to Services Subject to your compliance with these Terms of Use and your eligibility to use the Services, you are granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable right to access and use the Services and Content for personal, non-commercial purposes. However, this right does not include any rights to:
(i) Sell, resell, or use the Services or Content for commercial purposes.
(ii) Distribute, publicly perform, or display any Content.
(iii) Modify or make derivative works from the Services or Content.
(iv) Use any data mining, robots, or other similar data gathering or extraction methods.
(v) Download (except page caching) any part of the Services or Content, unless explicitly permitted by us.
(vi) Use the Services or Content for any purposes other than those intended. We reserve all rights not expressly granted to you in these Terms, including those related to the Services, the App, the Content, and the Marks.
3.3. DMCA and Violation of Copyright DUCK × MY × DUCK strictly complies with the requirements of legislation regulating circulation of intellectual property and expects the same from you. We will remove content and User Content from the Services, block your account and take any other measures necessary to restore the violated rights of third parties and prevent further violations.
DUCK × MY × DUCK will respond to complaints of copyright infringement and other rights in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512 and/or other applicable legislation. The DMCA gives you an opportunity to notify us of an alleged copyright infringement. When we receive a valid DMCA complaint, we:
3.4. Ownership of NFT; License to Associated NFT Content (NFT License v1.0) By acquiring, holding, listing, selling, transferring, importing, activating or otherwise using an NFT, you acknowledge and agree that the NFT and the Associated NFT Content are subject to these Terms and the NFT License v1.0. Subject to your lawful purchase or other lawful acquisition and continued ownership of the applicable NFT, and your continued compliance with these Terms, DUCK × MY × DUCK grants you, during the period in which you own that NFT, a limited, non-exclusive, worldwide, royalty-free, transferable licence, solely with respect to the unique final artwork, audiovisual content and metadata specifically and uniquely associated with that NFT (the "Associated NFT Content"), to use, display and copy the Associated NFT Content for your personal use, collection, display, and lawful sale or transfer of the NFT on permitted marketplaces and services.
This licence is inseparable from ownership of the NFT, may be transferred only together with a valid transfer of the NFT, and automatically terminates for you immediately upon any sale, transfer, assignment, gift or other disposition of the NFT by you. Any transferee shall receive rights in the Associated NFT Content only upon lawful acquisition of the NFT and acceptance of these Terms or other terms designated by DUCK × MY × DUCK.
Reserved Rights. Notwithstanding the foregoing licence, DUCK × MY × DUCK, its affiliates and licensors retain all right, title and interest in and to: (a) all trademarks, service marks, logos, trade names and branding; (b) all game titles, character names, character lore, stories, settings and world-building elements; (c) all source files, templates, layers, tools, engines, code, game mechanics, software and services; (d) all music, sound recordings, sound effects, animations and audiovisual systems; (e) all third-party intellectual property incorporated into or used with the NFT; and (f) all other rights not expressly granted to you in these Terms. Nothing in these Terms transfers to you any ownership of the foregoing rights.
NFT Metadata and Licence References. NFT metadata, smart contract metadata, collection pages, marketplace descriptions and other references may include abbreviated licence notices, rights notices, links to these Terms, links to an NFT licence page, or other explanatory information regarding the NFT and the Associated NFT Content. These notices are provided for convenience, discovery and notice purposes only and do not expand, limit or otherwise modify the rights and obligations set out in these Terms. In the event of any conflict or inconsistency between any NFT metadata, marketplace description or abbreviated notice and these Terms, these Terms and NFT License v1.0 as part thereof shall control.
3.5. License Back on In-Game Use (included in and is an integral part of the NFT License v1.0) If you connect, import, deposit, equip, stake, activate or otherwise enable an NFT for use within DUCK × MY × DUCK or any DUCK × MY × DUCK Services and/or Apps, you grant to DUCK × MY × DUCK, its affiliates, contractors, hosting providers, marketplace operators, platform partners and other service providers a limited, worldwide, royalty-free, sublicensable licence, during the period of such use and for a reasonable period thereafter as necessary for support, compliance, dispute resolution and archival purposes, to host, cache, copy, reproduce, transmit, display, perform, and adapt the NFT and the Associated NFT Content solely as necessary or incidental to:
This licence automatically ends when the NFT is no longer enabled for use within DUCK × MY × DUCK games, Services and Apps, except to the limited extent ongoing use remains reasonably necessary for the purposes expressly stated above.
By accessing or using the DUCK × MY × DUCK Services, you consent to receive communications from us electronically (e.g., Telegram, or by posting notices within the game). These communications may include important information regarding your use of the Services (e.g., transactional details) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications we provide electronically will satisfy any legal communication requirements, including, but not limited to, the requirement that such communications be in writing. You are encouraged to retain copies of these electronic communications by printing a physical copy or saving an electronic version. We have no obligation to store or provide ongoing access to any electronic communications for future reference.
Unlike traditional apps, DUCK × MY × DUCK doesn't require you to fill out a registration form or provide an email address. Instead, your participation is linked directly to your Telegram account. By connecting your account to the Services, you agree that you are responsible for all activities carried out through that account. This includes any interactions or transactions involving digital assets such as TON, tokens, NFTs, or other in-game items. DUCK × MY × DUCK reserves the right to monitor activities within the game to prevent fraud, unauthorized use, or other violations of these terms.
User Representations and Warranties
When using DUCK × MY × DUCK, you represent and warrant the following:
Countries The DUCK × MY × DUCK game is not available to users residing in certain countries, including, but not limited to Afghanistan, the Central African Republic, the Democratic Republic of the Congo, Cuba, Guinea-Bissau, Iraq, North Korea, Libya, Mali, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, Myanmar, and Mainland China. By using the Services, you confirm that you are not a resident of any of these countries.
Users from these countries are not allowed to use the Services. The User is obliged to independently find out and monitor whether the use of the Services is permitted in his country.
Requirements To use the Services, you must provide all necessary equipment and software, including a mobile device capable of connecting to and using the game. You are solely responsible for any fees incurred while accessing the game, such as internet or mobile data charges.
We promote fair gameplay, and users are required to follow the rules and respect the gaming experience of other players.
6.1. Automated bots are prohibited Any account using bots will be banned, even if it is the only account holding rewards.
6.2. Multi-accounts Multi-accounts (up to 5 per player) are allowed if they are managed manually, do not interact or exchange resources (Corn, Ducks, Stars) with each other through the Market, do not participate in resource "carousel" schemes, and do not assist each other in completing tasks or competitions with TON prizes. Such accounts are considered "family" accounts and are eligible to participate in the referral program. To ensure that an account is not considered in violation of the rules, two devices must be used during its gaming sessions to connect to the Service. Exceeding the limit of 5 accounts is considered a bot farm, and all related accounts, including the main one, will be banned.
6.3. Suspicious account checks Accounts suspected of operating more than 5 accounts or using bots will be unable to withdraw tokens, NFT ducks, or TON without automatic and manual verification, which may take up to 90 days. Access to the Market will also be restricted during the review. In disputed cases, withdrawals will only be allowed after video verification, including identity confirmation.
6.4. Users are responsible for their accounts Transferring accounts to others is not recommended, and DUCK × MY × DUCK is not liable for any loss of items or progress due to unauthorized access.
7.1. Pricing and Payment Terms All pricing and payment terms for non-Digital Assets or Items are as indicated at the point of sale or elsewhere within the Services. Any payment obligations you incur are binding at the time of purchase.
7.2. Purchasing Digital Assets or Items When purchasing a Digital Asset or Item, you agree that you have read, understood, and accepted the terms applicable to that Digital Asset or Item, including any applicable Secondary Sale Fee. This applies even if the platform, blockchain, or marketplace facilitating the sale does not enforce or support such fees. You also agree to bind any subsequent purchaser of the Digital Asset or Item to these terms.
Any transactions with digital assets made between Users via third-party services are conscious and voluntary. User, making any transactions with digital assets, assumes any risks of financial losses, understands that transactions in favour of other Users are beyond control of the DUCK × MY × DUCK, are not made in favour of the DUCK × MY × DUCK and are not part of the DUCK × MY × DUCK. Users are unable to transfer digital assets and cryptocurrency to other Users within the Services, specifically, within DUCK × MY × DUCK. DUCK × MY × DUCK and developers thereof are not in any way affiliated with any third-party services which may be used to conduct such transactions, nor are they the beneficiaries thereof.
All transfers of digital assets or internal Telegram currencies including Ton and Stars are voluntary donations for the development of DUCK × MY × DUCK and are non-refundable. Use of the Service under the terms of this Terms is permitted solely for the personal non-commercial purposes of the User.
7.3. Payment Processing Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services are handled by DUCK × MY × DUCK's third-party service providers, which may include third-party dApp providers such as Tonkeeper and Telegram services (each a "Third-Party Service Provider"). Your use of these services and payment processing is subject to your agreement with the Third-Party Service Provider for those services and payment terms, which may be modified from time to time (collectively, "Third-Party Service Provider Agreement"). You must provide accurate and complete information and authorize us to share it with the Third-Party Service Provider. If your agreement with the Third-Party Service Provider is terminated, you may not be able to use the Services, and your access may be suspended or terminated. We may update or add payment processing services at any time, and such changes may be subject to additional terms. Please note that we have no control over the Third-Party Service Provider's payment processing services and cannot reverse or refund any transactions.
7.4. Blockchain Transaction Fees Each Blockchain may require a transaction fee (a "Gas Fee") for any transaction on the Blockchain. You may need to pay Gas Fees for transactions conducted via the Services. These fees may vary based on market conditions, and DUCK × MY × DUCK is not responsible for Gas Fees incurred during use of the Services.
7.5. Sales Tax Users are solely responsible for determining, reporting, and paying any applicable taxes that may arise from trading assets related to the DUCK × MY × DUCK game on third-party platforms or marketplaces. DUCK × MY × DUCK is not responsible for withholding, collecting, or remitting any taxes in connection with such transactions. It is the user's responsibility to ensure compliance with all applicable tax laws and regulations in their jurisdiction.
7.6. Refund Policy In addition to the rights set out below, you may have additional rights under your national law. Nothing set out below limits or replaces your rights under national law.
We hereby notify you that the refund policy for certain purchases may be governed by the rules of the app store through which you access the Services, such as Google Play, and we therefore recommend that you also review those rules.
Your right to cancel a purchase and receive a refund depends on the type of product you purchase from us.
A. Games, Add-ons, and In-Game Items (Entitlements)
You may cancel the purchase of a Game, an add-on, or an in-game item (Entitlement) within 14 days from the date of purchase and receive a refund, provided that you have not yet started downloading or streaming that Game or add-on.
You cannot cancel Games, add-ons, and/or in-game items that you have already started downloading to your device or streaming, and the amounts paid for their purchase are non-refundable, except where such Games, add-ons, and/or items have material defects or do not correspond to their description.
B. In-Game Consumables
In-game consumables include in-game currency, boosters, loot boxes, and other items that are consumed, meaning they disappear from the player's inventory, after being used during the game.
If you purchase in-game consumables within the Game itself, they will be delivered to you immediately after the transaction is completed, and therefore you will not be able to cancel the purchase or receive a refund, except where such Games, add-ons, and/or items have material defects or do not correspond to their description.
If you purchase in-game consumables outside the Game, they will be delivered to you when you launch the relevant Game. If you do not launch the Game after purchasing in-game consumables outside the Game, you may cancel such purchase and receive a refund within 14 days from the date of the transaction.
C. Pre-orders
You may cancel a pre-order of Games, add-ons, or in-game items at any time before their official release and receive a refund. After the official release of the Game, add-on, or in-game item, you may still cancel the purchase and receive a refund within 14 days from the date of the transaction, provided that you have not started downloading or streaming the Game or add-on, or launched the Game in order to receive the in-game item, except where such Games, add-ons, and/or items have material defects or do not correspond to their description.
Please note that all downloads to your device may take place automatically by default or if you have enabled the relevant auto-download function in your device settings or in the app store you use.
The provisions set out above in this Section 7 of the Terms do not apply to purchases made outside the Services, for example, in retail stores.
8.1. User Content "User Content" refers to any information or content that a user submits to, or uses with, the Services (e.g., content in the user's profile, posts, or interactions) or any of DUCK × MY × DUCK's profiles on other platforms (e.g., Telegram). You are solely responsible for your User Content and bear all risks related to its use, including any reliance on its accuracy, completeness, or usefulness by others, as well as any disclosure that personally identifies you or others. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not imply that your User Content is endorsed by DUCK × MY × DUCK. Since you are solely responsible for your User Content, you may be exposed to liability if your content violates any rules or laws. DUCK × MY × DUCK is not obligated to back up any User Content, and it may be deleted without prior notice. You are responsible for creating and maintaining your own backup copies of your User Content.
8.2. User Content License You hereby grant (and represent and warrant that you have the right to grant) DUCK × MY × DUCK an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. This includes the right to grant sublicenses to improve the Services and our other products and services. You irrevocably waive any moral rights or claims of attribution with respect to your User Content.
The Users acknowledge these rights and expressly consent to any alterations, localization, reconfiguration, or other modifications of User Content by DUCK × MY × DUCK and developers thereof in the course of operating, publishing and marketing the Services. The Users also agree that DUCK × MY × DUCK and developers thereof are not required to include Users' names or attributions when using User Content. The Users further promise not to sue or bring claims against DUCK × MY × DUCK or developers thereof based on moral rights or similar theories, even if the DUCK × MY × DUCK's actions might otherwise infringe such rights in jurisdictions that recognize them. For avoidance of doubt and for the purpose of observation of potentially applicable laws, the Users grant DUCK × MY × DUCK and developers thereof express permission (consent) to:
The Users also warrant and represent that they have obtained all the necessary written moral rights waivers/consent from all the corresponding contributors (authors) and are able to provide them on request. The Users give the same warranty that they will obtain such waivers/consents from all future contributors/authors in relation to User Content and related materials to provide DUCK × MY × DUCK and developers thereof unhindered use of User Content and related materials.
8.3. Right to Review or Remove We reserve the right (but have no obligation) to review, refuse, and/or remove any User Content in our sole discretion. We may also investigate or take appropriate action against you if you violate the Acceptable Use Policy or any other provisions of these Terms. This action may include removing or modifying your User Content, terminating your access to the Services, and/or reporting your activity to law enforcement authorities.
8.4. Submissions By submitting questions, comments, suggestions, ideas, documents, proposals, feedback, or other information regarding the Services ("Submissions") to us, you do so at your own risk, and DUCK × MY × DUCK has no obligations (including confidentiality) with respect to such Submissions. You hereby grant DUCK × MY × DUCK a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit any and all Submissions. To the fullest extent permitted by law, you waive any moral rights to such Submissions, and you warrant that the Submissions are original or that you have the right to grant these licenses.
The Users acknowledge these rights and expressly consent to any alterations, localization, reconfiguration, or other modifications of Submissions made by DUCK × MY × DUCK and developers thereof in the course of operating, publishing and marketing the Services. The Users also agree that DUCK × MY × DUCK and developers thereof are not required to include Users' names or attributions when using Submissions. The Users further promise not to sue or bring claims against DUCK × MY × DUCK or developers thereof based on moral rights or similar theories, even if the DUCK × MY × DUCK's actions might otherwise infringe such rights in jurisdictions that recognize them. For avoidance of doubt and for the purpose of observation of potentially applicable laws, the Users grant DUCK × MY × DUCK and developers thereof express permission (consent) to:
The Users also warrant and represent that they have obtained all the necessary written moral rights waivers/consent from all the corresponding contributors (authors) and are able to provide them on request. The Users give the same warranty that they will obtain such waivers/consents from all future contributors/authors in relation to Submissions and related materials to provide DUCK × MY × DUCK and developers thereof unhindered use of Submissions and related materials.
You are solely responsible for your interactions with other players and any other parties with whom you engage; however, we reserve the right, but are not obligated, to step in on any disputes between players. The Services may contain content provided by other users ("User Content"). We are not responsible for and do not control User Content. We have no obligation to review or monitor, nor do we approve, endorse, or make any representations or warranties regarding any User Content, including content available through the Services. You use all User Content and interact with other players at your own risk. DUCK × MY × DUCK will not be responsible for any liability arising from your interactions with other users. Exercise caution and common sense when interacting with others, just as you would in offline situations with people you don't know.
When You access or use the Services, You agree that You will not:
To enforce these rules, we may monitor your activity in the Services and, as described above, delete your User Content. IF YOU VIOLATE ANY OF THESE RULES, WE MAY TAKE THE FOLLOWING MEASURES AGAINST YOU:
We also inform you that in-game chat may be moderated automatically (e.g., offensive expressions may be censored).
As a general rule, we will first send a warning to a User with a request to eliminate violation and only then take other measures if that violation is not eliminated. However, in case of serious violations, we can immediately take more serious measures by skipping the stage of sending a warning. Serious violations constitute cases specified in paragraphs a, b, d, f, g, j, k, l, n and q above.
Certain Services may have special rules of conduct that supplement the rules described in the Terms.
If DUCK × MY × DUCK decides to ban a User for breaching the Terms and/or the above rules, the license granted to Users under the Terms is terminated with respect to these Services or a part thereof, and the User loses access to all accrued privileges without any compensation, if that does not contradict applicable legislation.
WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH, A "DUCK × MY × DUCK PARTY" AND COLLECTIVELY "DUCK × MY × DUCK PARTIES") ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. NO DUCK × MY × DUCK PARTY WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM YOUR INTERACTIONS WITH OTHER USERS OR YOUR USE OR INABILITY TO USE ANY DIGITAL ASSET PURCHASED FROM A SELLER.
The Services may contain links to third-party websites ("Third-Party Websites") as well as various forms of content such as articles, photos, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other materials that originate from third parties ("Third-Party Content"). When you click on a link to a Third-Party Website or access Third-Party Content, we will not notify you that you are leaving the Services, and you will be subject to the terms and conditions (including privacy policies) of that third-party site. Such Third-Party Websites and Third-Party Content are not under the control of DUCK × MY × DUCK, and we do not investigate, monitor, or check their accuracy, appropriateness, or completeness. We are not responsible for any Third-Party Websites accessed through our Services, nor are we responsible for any Third-Party Content available through or installed from our Services, including any advertisements, services, or products offered on these third-party sites.
The inclusion of links to or allowing the use of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave our Services and access any Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. You should review the applicable terms, privacy policies, and data collection practices of any website you navigate to or any application you use or install from our Services. Any purchases you make through Third-Party Websites are solely between you and the third-party entity, and we assume no responsibility for such transactions.
You acknowledge and agree that we do not endorse products or services offered on Third-Party Websites, and you waive any claims against DUCK × MY × DUCK or its affiliates arising from or related to any Third-Party Content or Third-Party Websites. If you are an advertiser, you represent and warrant that you have the rights and authority to place advertisements on our platform, including intellectual property rights, publicity rights, and contractual rights.
We make no representations or warranties about any Third-Party Content, including any associated with Digital Assets (including NFTs or other items) displayed on our platform. You are solely responsible for verifying the accuracy, legitimacy, authenticity, and legality of any Digital Assets or items you may purchase from third-party sellers. We cannot guarantee that any Digital Assets or items displayed on our Marketplace will remain available for purchase, sale, or transfer, and their value may fluctuate or even become worthless. You are fully responsible for managing your own Digital Assets or items and their associated content.
You may not access or use the Services for any purpose other than that for which DUCK × MY × DUCK makes the Services available.
You shall not (and shall not permit any third party to):
DUCK × MY × DUCK reserves the right to restrict or refuse Services in certain countries or regions. You are solely responsible for ensuring that your use of the Services complies with all applicable laws.
If you wish to stop using the DUCK × MY × DUCK Services, you may do so by disabling the Telegram bot. However, even after terminating your Account, these Terms will continue to apply to any Digital Assets or Items you own, as well as all of your User Content. These Terms of Use remain in full effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TERMINATE THIS AGREEMENT AND/OR DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO A BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE, OR FOR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT WITHOUT WARNING AT OUR SOLE DISCRETION.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake name, a borrowed name, or the name of any third party, or from otherwise using the Services, even if you are acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive remedies. You understand that any termination of your right to access and use the Services may result in the deletion of your User Content from our live databases and may limit or prevent you from accessing Items that you may have purchased. DUCK × MY × DUCK will not be liable to you for any termination of your rights under this Agreement, including the termination of your access to the Services, deletion of your User Content, or the limitation or inability to access Items in your Account. All sections intended to survive termination will continue to remain in effect after the termination of this Agreement.
We are not obliged to provide the User with any evidence, documents, etc., indicating that the User has violated the terms of the Terms, as a result of which the effect of these Terms has been suspended or terminated.
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute or (ii) thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration. If a Party is unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses.
Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DUCK × MY × DUCK PARTIES MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY.
Security Disclaimer.
WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS OR OTHER ITEMS, OR ANY DIGITAL ASSETS OR ITEMS YOU INTERACT WITH WHEN USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE.
Liability Disclaimer.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE TON NETWORK, MANTLE NETWORK, THE METAMASK ELECTRONIC WALLET, TONKEEPER ELECTRONIC WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK.
Third-Party Conduct.
YOU ACKNOWLEDGE AND AGREE THAT THE DUCK × MY × DUCK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY DUCK × MY × DUCK PARTY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD-PARTY SERVICE PROVIDERS, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
User Responsibility.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT DUCK × MY × DUCK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. DUCK × MY × DUCK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
Service and Asset Vulnerabilities. We are not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Digital Assets or Items. We are not responsible for casualties due to developers' or representatives' delay or failure to report any issues with any blockchain supporting Digital Assets or Items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
Ownership of Digital Assets. We do not transfer legal ownership of Digital Assets or Items from the Seller to the Buyer. Further, we cannot guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE DUCK × MY × DUCK PARTIES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A DUCK × MY × DUCK PARTY FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY A DUCK × MY × DUCK PARTY'S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A DUCK × MY × DUCK PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
YOU AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE DUCK × MY × DUCK PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO DUCK × MY × DUCK BY YOU IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US $100.00).
DUCK × MY × DUCK SERVICE RELIES ON EMERGING TECHNOLOGIES, SUCH AS THE TON NETWORK. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
In this section, we provide a non-exhaustive list of some risks. These risks, as well as others that may arise in the future, can be significant and potentially serious. Before using any of our Services, including the Site, you should carefully consider whether they are appropriate for you given your financial situation. By using the Services, you accept and acknowledge the following:
By using DUCK × MY × DUCK, you acknowledge and accept these risks and responsibilities. Proceed with caution, understanding the volatile nature of blockchain technologies and Digital Assets.
If we become aware of any potential violations of these Terms of Use by you, we reserve the right to investigate such matters. Should we believe, based on our investigation, that criminal activity may have occurred, we reserve the right to refer the issue to, and cooperate with, applicable legal authorities. Except where prohibited by law, we are entitled to disclose any information or materials related to your use of the Services, including your Content, that we have in our possession, in order to:
By agreeing to these Terms of Use, you grant your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy regarding your use of the Services, including but not limited to any text, voice, or video communications.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DUCK × MY × DUCK and all DUCK × MY × DUCK-related 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, settlement costs, and costs associated with pursuing indemnification and insurance), of every kind and nature whatsoever, arising out of or related to these Terms of Use or your use of the Service, whether known or unknown, foreseen or unforeseen, in law or equity, whether in tort, contract, or otherwise (collectively, "Claims"). This includes, but is not limited to, claims involving property damage or personal injury arising from:
(a) Your use or misuse of the Service, User Content, or any Digital Assets or Items; (b) Any Submissions you provide; (c) Your violation of these Terms of Use; and (d) Your violation of the rights of any third party, including another user.
You agree to promptly notify DUCK × MY × DUCK of any third-party Claims and cooperate fully with the DUCK × MY × DUCK team in defending such Claims. You further agree that DUCK × MY × DUCK retains control over the defense or settlement of any third-party Claims.
THIS INDEMNIFICATION IS IN ADDITION TO, AND NOT A SUBSTITUTE FOR, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND DUCK × MY × DUCK.
You hereby release and forever discharge DUCK × MY × DUCK and all related DUCK × MY × DUCK parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users).
IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE ANY SIMILAR LAW OR RULE IN YOUR JURISDICTION THAT STATES IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THEM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
This waiver ensures that you understand and agree that any claims, known or unknown, that arise from your use of the DUCK × MY × DUCK Services are fully and finally released and discharged.
These Terms of Use, along with any policies or operating rules posted by us on or related to the Services, represent the entire agreement and understanding between you and DUCK × MY × DUCK. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use are enforceable to the fullest extent permitted by law.
You may not assign these Terms of Use, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign any or all of our rights and obligations at any time. We are not responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.
If any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable, that specific provision will be construed to reflect, as closely as possible, the original intention of the parties, and the remaining provisions will continue in full force and effect.
No joint venture, partnership, employment, or agency relationship is created between you and DUCK × MY × DUCK as a result of these Terms of Use or through your use of the Services. You agree that these Terms will not be interpreted against us merely because we drafted them.
Communications between you and DUCK × MY × DUCK may be carried out through electronic means, such as when you visit the Services and send us Telegram messages. For contractual purposes, you (a) consent to receive communications from DUCK × MY × DUCK in an electronic format; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if provided in writing.
Unless otherwise stated, these Terms do not create any third-party beneficiary rights for any individual or entity that is not a party to these Terms. All communications and notices made under these Terms must be in English. If we provide a translation of these Terms, the English version will prevail in the event of any conflict.
Use of the DUCK × MY × DUCK is permitted only under the terms of this Terms. If the User does not accept the Terms in full, the User has no right to use any of the DUCK × MY × DUCK's functions for any purpose. Use of the DUCK × MY × DUCK in violation (failure to comply) with any of the terms of this Terms is prohibited.