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.
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.
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 like TON.
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 are conscious and voluntary. The User, making any transactions with digital assets, assumes any risks of financial losses, understands that transactions in favor of other Users are beyond the control of the DUCK × MY × DUCK, are not made in favor of the DUCK × MY × DUCK and are not part of the DUCK × MY × DUCK.
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.
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.
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.
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.
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.