THESE TERMS CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND DRAGON Den. BY CLICKING THE “I ACCEPT” BUTTON WHEN YOU SET UP YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU HAVE QUESTIONS ABOUT THE TERMS, YOU SHOULD CONSULT WITH YOUR LEGAL COUNSEL.
IF YOU CHOOSE NOT TO ACCEPT THE TERMS OR BY TECHNICAL MEANS BYPASS/DISABLE THE “I ACCEPT” BUTTON, THEN BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE PRODUCTS AVAILABLE THROUGH THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS.
Dragon Den is granting You access to the Site and the Products on the express condition that You agree to and comply with all of the Terms.
YOUR USE OF ANY PAYMENT METHOD, INCLUDING WHERE PERMITTED, ANY CRYPTOCURRENCY, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS AND POLICIES APPLICABLE TO SUCH PAYMENT.
The Site or Products are not intended for children under 18 years of age. If You are under 18, You are not authorized to use the Site or Products and will not be afforded access to any features of the Site or Products that allow for You to provide information to Us or to share information with other users of this Site or Products.
We may permanently cancel Subscription at any time with immediate effect if We determine in Our sole discretion that You (a) Attack on Den algorithms (e.g. using multiple accounts to block an individual resulting in a ban from Lair, content rewards, eval marketplace manipulation); (b) Consensus attack (orchestrated up or down vote attack on consensus to affect rewards); (c) Engagement pools manipulation (click-fraud); (d) Content tag manipulation against organic consensus (e) Identity or impersonation actions; (f) Abusive or bullying behavior; (g) Spam attacks; (h) NSFW attacks; (i) Posting fraudulent information (send your ETH here); (j) Any other unforeseen attack that could arise in the future.
We may cancel or suspend your Subscription at any time with immediate effect if We determine in Our sole discretion that You (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) breached any of the Terms; (c) engaged in any fraud or abuse concerning Dragons, Energy (NRG), Matter (MTR), Lair Ownership Rights (LOR), or Lair Ownership Token (LOT) , or Your use of them; (d) violated any provision of the applicable Additional Terms; or (e) engaged in any conduct or act for which We may terminate or suspend your access to the Site or any part thereof. Individual Lair communities may ban or terminate Your involvement in that specific Lair based upon current system rules. We may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms shall limit Dragon Den in its exercise of any legal or equitable rights or remedies.
Energy (NRG) may only be used to post, vote, reply on content within Dragon Den. Dragon Den will not redeem NRG for cash and You represent and warrant that You will not use them to engage in any gambling activity or other activity prohibited by federal, state or local laws, rules or regulations. You may not solicit NRG. You may not redeem Energy (NRG) as provided in these Terms. Energy (NRG) will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Once You have redeemed your Energy (NRG), there are no refunds, returns or exchanges for additional Energy (NRG), cash, or other goods and services.
Matter (MTR) may only be used to boost a post or purchase Lair Ownership Rights (LOR). Dragon Den will not redeem them for cash and You represent and warrant that You will not use them to engage in any gambling activity or other activity prohibited by federal, state or local laws, rules or regulations. You may only redeem Matter (MTR) as provided in these Terms. Matter (MTR) will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Once You have redeemed your Matter (MTR), there are no refunds, returns or exchanges for additional Matter (MTR), cash, or other goods and services.
Lair Ownership Rights (LOR) may only be used to propose and bid on Lairs. Dragon Den will not redeem them for cash and You represent and warrant that You will not use them to engage in any gambling activity or other activity prohibited by federal, state or local laws, rules or regulations. You may only redeem Lair Ownership Rights (LOR) as provided in these Terms. Lair Ownership Rights (LOR) will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Once You have redeemed your Lair Ownership Rights (LOR), there are no refunds, returns or exchanges for additional Lair Ownership Rights (LOR), cash, or other goods and services.
Lair Ownership Tokens (LOT) may only be used as full or partial ownership of a Lair. Dragon Den will not redeem them for cash and You represent and warrant that You will not use them to engage in any gambling activity or other activity prohibited by federal, state or local laws, rules or regulations. You may only redeem Lair Ownership Tokens (LOT) as provided in these Terms. Lair Ownership Tokens (LOT) will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Once You have redeemed your Lair Ownership Tokens (LOT), there are no refunds, returns or exchanges for additional Lair Ownership Tokens (LOT), cash, or other goods and services.
In addition, the terms applicable to Your use of Dragons, Energy (NRG), Matter (MTR), Lair Ownership Rights (LOR), and Lair Ownership Tokens (LOT) may vary. Before redeeming Dragons, Energy (NRG), Matter (MTR), Lair Ownership Rights (LOR), and Lair Ownership Tokens (LOT) You should review the applicable terms and conditions as set forth in the Additional Terms. We reserve the right to modify, amend or revise the terms applicable to Your use of Dragons, Energy (NRG), Matter (MTR), Lair Ownership Rights (LOR), and Lair Ownership Tokens (LOT) as well as these Terms and the Additional Terms, even though these changes may affect Your ability to use Dragon, Energy (NRG), Matter (MTR), Lair Ownership Rights (LOR), and Lair Ownership Tokens (LOT).
Additional Terms Your right to access and use this Site is governed by the Terms and, as applicable, the Additional Terms applicable to your purchase or use, all of which are subject to change in Our sole discretion. The Additional Terms contain limitations on Your use of the Site. You must comply with all of these limitations and if You fail to do so Dragon Den may terminate or suspend Your access to and use of this Site as provided in these Terms and the applicable Additional Terms. Except as expressly set out herein and in the applicable Additional Terms, Dragon Den retains all rights, including copyright, in Energy (NRG), Matter (MTR), Lair Ownership Rights (LOR), and Lair Ownership Tokens (LOT), and related work product and does not grant You any rights or license with respect to any of the above. Dragon Den reserves all rights not expressly granted to You in the Terms and the Additional Terms.
You shall not permit any other person to (a) expose or make any information regarding the Products, available to any third party without Dragon Den’s advance written consent; (b) reproduce, reverse engineer, or create derivative works of the Products; (c) use the Products for any unlawful purpose or for the benefit of any third party; (d) access the Site or Products through any automated means or engage in any activity that disrupts or interferes with the use or operation of the Site or the Products; (e) attempt to compromise the security of the Site or the Products; or (f) transmit any data to the Site or the Products that contains viruses or similar materials that may damage, disable or otherwise interfere with the operation of the Site or the Products. Further, You are responsible for ensuring that each Authorized User complies with these restrictions and all of the Terms.
You retain Your ownership rights in the data You and any Authorized User submits to Dragon Den. By setting up Your Account and registering as an Authorized User, You and each Authorized User grant Dragon Den the right to collect and use such data as necessary (a) to provide access to and maintain the Site and deliver the Software and Services; (b) to manage Your Energy (NRG), Matter (MTR), Lair Ownership Rights (LOR), and Lair Ownership Tokens (LOT) balance; © to respond to questions regarding the Site and the Products; and (d) to otherwise fulfill Our obligations under the Terms and the Additional Terms, as applicable. Dragon Den agrees that it will hold all such data in confidence and will not use it for any purpose other than as permitted under the Terms. Subject to applicable law, including GDPR as defined below, Dragon Den’s right to use data submitted as part of the sign-up or registration process or when using the Site or Products is perpetual and irrevocable and shall survive the termination of Your License. Dragon Den may collect statistical and other data regarding Your (and Authorized User’s) use of the Site and the Products and use such data as Dragon Den deems necessary to develop and improve the Site and the Products; provided, however, that Dragon Den shall not disclose such data to any third party unless all information identifying it to You (and any Authorized User) has been removed and/or such data has been combined with additional data such that it cannot be readily associated to You or an Authorized User (“Aggregate Data”). Dragon Den shall own all rights in the Aggregate Data.
Personal Data and Privacy You remain solely responsible for compliance with General Data Protection Regulation (EU) 2016⁄679 (“GDPR”) with respect to information transmitted, stored or distributed through the Services and for determining the applicability of GDPR if Personal Data is stored, distributed or transmitted using the Services. If Dragon Den receives any Personal Data in connection with Your access to the Site or any Services: (a) You acknowledge and agree that unless otherwise agreed in writing by the parties, Personal Data provided to Dragon Den may be transferred or stored outside the jurisdiction where User is located in order for Dragon Den to perform the Services; (b) You shall ensure that You are entitled to transfer the relevant Personal Data to Dragon Den so that Dragon Den may lawfully use, process and transfer the Personal Data in accordance with these Terms on Your behalf; (c) Where Dragon Den is acting as a data processor, Dragon Den shall process the Personal Data (either itself or through a sub-processor) only in accordance with these Terms and any instructions given from time to time by You, which are necessary in order for them to comply with GDPR; and (d) You and Dragon Den shall each take industry standard technical and organizational measures designed to prevent unauthorized or unlawful processing of Personal Data or its loss, destruction or damage. For the purposes of this Section , the terms “processing,” “data controller,” “data processor” and “data subject” shall have the meanings given to them in the GDPR.
The Site and Products have the ability to monitor Your use of them so that Dragon Den may assess the performance and capabilities of the Site and the Products. You (and each Authorized User) hereby grant Dragon Den the right to do so. While Dragon Den may monitor use of the Site and the Products, doing so does not (a) create any obligation by Dragon Den to report the results thereof; (b) constitute notice to Dragon Den of any fault or error in the Site or the Products or a violation of the Terms, Additional Terms; or (d) limit Dragon Den’s remedies for any violation of any of the above.
The Site and the Products contain content created and collected by Dragon Den, some of which is provided by third parties and Your rights to use such materials may be subject to additional terms and conditions. You are responsible for reviewing such terms and conditions and complying with them. Dragon Den does not make any warranty, express or implied, regarding any such third-party content.
During the Subscription Term, Dragon Den will make reasonable commercial efforts to make the Site available to You 24 hours a day, 7 days a week except for planned downtime. However, You acknowledge that access to the Site depends on services provided by third parties that are outside Dragon Den’s control. Dragon Den makes no warranty regarding the availability of the Site or Products and You waive and release Dragon Den from any claims based on Your inability to access or use them. Dragon Den is providing access to the Site and the Products only. You are responsible for the acquisition, operation, and maintenance of all computer hardware and software and all communications and network connections necessary to access and use the Products and for paying all associated costs and expenses.
Dragon Den has contracted with a third party vendor (“Host”) to host the Site and Your Account. The Host has committed to implementing industry standard technical and security measures to protect the Site and Your data from unauthorized access.
All logos, trademarks, button icons, images, text, graphics, videos, forms, publications and other content used in connection with the Site and the Products are exclusively owned and controlled or licensed by Dragon Den and protected by U.S. intellectual property laws. Distribution, retransmission, or modification of the content is strictly prohibited. Further, You shall not remove or obscure any patent, trademark, copyright or other proprietary notices on or incorporated into the Products or permit any Authorized User to do so.
The following provisions will apply if there is no existing non-disclosure agreement between You and Dragon Den. You will maintain the confidentiality of all information related to the Software and Services and all other information designated by Dragon Den as “Confidential Information” with at least the same degree of care that You use to protect Your own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances.
Disclaimer of Warranties and Release
DRAGON DEN PROVIDES THE SITE AND THE PRODUCTS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRAGON DEN MAKES NO REPRESENTATIONS ABOUT THE AVAILABILITY OF YOUR DATA, THE SITE OR THE PRODUCTS. DRAGON DEN DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND REGARDING THE SITE AND/OR THE PRODUCTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU (AND EACH AUTHORIZED USER) HEREBY RELEASE DRAGON DEN FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO YOUR USE OF THE SITE OR THE PRODUCTS. NONE OF THE CONTENT, THE SITE OR PRODUCTS ARE WARRANTED TO BE UNINTERRUPTED, TIMELY, COMPLETELY SECURE OR ERROR-FREE, AND DRAGON DEN MAKES NO WARRANTY THAT CONTENT WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF THE PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. DRAGON DEN DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL OR FOR LOSS OF OR ERRORS IN MAINTAINING YOUR DRAGON BALANCE. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE AND/OR PRODUCTS AND THE USE THEREOF BY AUTHORIZED USERS. FURTHER, YOU UNDERSTAND THAT DRAGON DEN MAKES NO REPRESENTATION OR GUARANTEE CONCERNING ANY OUTCOME ASSOCIATED WITH YOUR USE OF THE SITE OR PRODUCTS OR THE USE THEREOF BY AUTHORIZED USERS. DRAGON DEN MAKES NO WARRANTY REGARDING SECURITY AND SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO THE SITE OR YOUR DATA.
Your sole remedy in the event Dragon Den breaches any obligations under these Terms or the Additional Terms or the Products fail to operate or are otherwise defective shall be to terminate use of the Products pursuant to “Our Remedies” Section below.
YOUR USE OF THE SITE AND/OR THE PRODUCTS IS ENTIRELY AT YOUR SOLE RISK. NEITHER DRAGON DEN, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, YOUR CONTENT, DRAGONS, ENERGY (NRG), MATTER (MTR), LAIR OWNERSHIP RIGHTS (LOR), or LAIR OWNERSHIP TOKEN (LOT) OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR THE PRODUCTS, EVEN IF DRAGON DEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You shall indemnify, defend and hold Dragon Den and its officers, directors, shareholders, principals and agents harmless from any and all losses, costs, claims and liabilities asserted against or incurred by Dragon Den arising out of or due to Your breach of the Terms, Additional Terms; Your use or misuse of the Site and/or the Products; Your violation of any law or the rights of any third party; and any act or omissions by any Authorized User.
You acknowledge that any attempt to use, copy, license, or transfer any portion of the Site, the Products, or other Dragon Den property in a manner contrary to the Terms (and, as applicable, the Additional Terms) or otherwise in derogation of Dragon Den’s rights would irreparably injure Dragon Den, which injury could not adequately be compensated by money damages. Accordingly, You agree that Dragon Den may seek and obtain injunctive relief from the breach or threatened breach of any such provision, requirement or covenant hereof, in addition to and not in limitation of any other equitable or legal remedies available.
You may not assign, license, transfer, mortgage, sub-contract or otherwise transfer any of Your rights or obligations under these Terms, Additional Terms without Dragon Den’s prior written consent. Any transfer without the Dragon Dragon Den’s written consent shall constitute a breach of the Terms and shall be void and of no effect.
The Terms (and those in the Additional Terms) contain important provisions concerning Your legal rights and obligations. Dragon Den recommends that You seek outside legal counsel for such a purpose. By accepting these Terms, You represent that You have had the opportunity to seek outside legal counsel and accept the terms hereof willingly and with a full understanding of Your rights and obligations hereunder.
You irrevocably consent to the sole and exclusive jurisdiction of and venue in the state and federal courts located in Cheyenne, WY, in connection with any suit or action in aid of arbitration and/or for any provisional remedy including, but not limited to, any preliminary injunctive relief. These Terms and the terms of the Additional Terms will be governed, construed and enforced in accordance with the laws of the State of Wyoming, without giving effect to its choice of law rules.
You expressly acknowledge and agree that the sole and exclusive forum for resolving any controversy or claim arising out of or relating to these Terms, the terms of the Additional Terms and Your use of the Site and the Products shall be binding arbitration, under the American Arbitration Association (“AAA”) commercial arbitration rules, then in effect. You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Unless Dragon Den and You mutually agree on another location, all arbitrations shall be held in Cheyenne, WY. In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect.
YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH.
If any legal action is brought by any party against the other regarding the subject matter of these Terms, the Additional Terms, the Site and/or the Products, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys’ fees and expenses.
If any provision of these Terms, the Additional Terms are found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law and the intentions of the parties as set out herein to the extent possible, or stricken if not so conformable, so as to not affect the validity or enforceability of such terms.
Dragon Den may update these Terms from time to time and may do so by notifying You through the email address linked to Your Account or as otherwise provided herein.
If You have any questions or concerns regarding these Terms or the Additional Terms, please contact firstname.lastname@example.org