THESE TERMS CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND DRAGONCHAIN. 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.
Access to the Products
Dragonchain 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.
Cancellation; Changes to Subscription Terms
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; © engaged in any fraud or abuse concerning Dragons 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. We may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms shall limit Dragonchain in its exercise of any legal or equitable rights or remedies.
If We amend these Terms, We will revise the “last updated” date located at the bottom of these Terms. For changes to these Terms that We consider to be material, We will place a notice on the Site to read substantially as “Updated Terms” with a link to the changes for up to three (3) weeks or some other amount of time that We determine in our discretion. If You continue to use the Site, purchase Dragon tokens (“Dragons”) or Products, or log into your Account or in any other way after these Terms have been changed, You will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms will be available on the Site and will supersede all previous versions of these Terms.
Use of Dragons
Dragons may only be used to purchase Products as provided below. Dragonchain 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 Dragons as provided in these Terms. Dragons will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Once You have redeemed your Dragons, there are no refunds, returns or exchanges for additional Dragons, cash, or other goods and services.
Purchasing Product Licenses and Services
You may purchase licenses to software products (“Software”) and/or development services (“Services”) from the Site by completing the applicable purchase order. By placing a purchase order, You agree to the Additional Terms applicable to the Software or Services covered by the purchase order.
Dragonchain uses a flexible pricing system under which You may purchase Software licenses or Services by using Dragons issued with Your Subscription or by purchasing Dragons for cash or other Payment Method, or using certain Dragonchain-approved cryptocurrencies such as Bitcoin and Ethereum. You may purchase Dragons when You purchase access to Software or Services, or in advance and use them later to purchase access to Software and Services. However, You need to have an active and current Account to use Dragons to purchase Products from the Site. As a result, if Your Account is canceled for any reason, or if your Subscription terminated, You will no longer be able to use the Dragons associated with Your Account to make purchases from the Site.
Dragons are interchangeable. That is, unless otherwise indicated for specific Software products or Services, during Your Subscription Term You may apply Dragons to any combination of Software and Services available from the Site. However, a specified number of Dragons is required to use the Software and Services and this may change over time, at Dragonchain’s sole option and without prior notice. As a result, the quantity of Software or Services you may purchase with Dragons may increase or decrease.
In addition, the terms applicable to Your use of Dragons may vary depending on the Software or Service You purchase. Before redeeming Dragons for any Software or Service 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 the Dragons as well as these Terms and the Additional Terms, even though even though these changes may affect Your ability to use the Dragons You have already purchased.
Additional Terms Your right to access and use the Products and this Site is governed by the Terms and, as applicable, the Additional Terms applicable to your purchase, all of which are subject to change in Our sole discretion. The Additional Terms contain limitations on Your use of the Software and Services, including the work product that We may deliver to You as part of the Services. You must comply with all of these limitations and if You fail to do so Dragonchain may terminate or suspend Your access to and use of this Site, the Software and/or Services as provided in these Terms and the applicable Additional Terms. Except as expressly set out herein and in the applicable Additional Terms, Dragonchain retains all rights, including copyright, in the Software, the Services, and related work product and does not grant You any rights or license with respect to any of the above. Dragonchain reserves all rights not expressly granted to You in the Terms and the Additional Terms.
Use of the System and Site
You shall not permit any other person to (a) expose or make any information regarding the Products, available to any third party without Dragonchain’s advance written consent; (b) reproduce, reverse engineer, or create derivative works of the Products; © 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 Dragonchain. By setting up Your Account and registering as an Authorized User, You and each Authorized User grant Dragonchain 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 Dragon 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. Dragonchain 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, Dragonchain’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. Dragonchain may collect statistical and other data regarding Your (and Authorized User’s) use of the Site and the Products and use such data as Dragonchain deems necessary to develop and improve the Site and the Products; provided, however, that Dragonchain 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”). Dragonchain 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 Dragonchain 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 Dragonchain may be transferred or stored outside the jurisdiction where User is located in order for Dragonchain to perform the Services; (b) You shall ensure that You are entitled to transfer the relevant Personal Data to Dragonchain so that Dragonchain may lawfully use, process and transfer the Personal Data in accordance with these Terms on Your behalf; © Where Dragonchain is acting as a data processor, Dragonchain 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 Dragonchain 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 Dragonchain may assess the performance and capabilities of the Site and the Products. You (and each Authorized User) hereby grant Dragonchain the right to do so. While Dragonchain may monitor use of the Site and the Products, doing so does not (a) create any obligation by Dragonchain to report the results thereof; (b) constitute notice to Dragonchain of any fault or error in the Site or the Products or a violation of the Terms, Additional Terms; or (d) limit Dragonchain’s remedies for any violation of any of the above.
The Site and the Products contain content created and collected by Dragonchain, 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. Dragonchain does not make any warranty, express or implied, regarding any such third-party content.
During the Subscription Term, Dragonchain will make reasonable commercial efforts to make the Site available to You 24 hours a day, 7 days a week except for planned downtime, during any period You are authorized to use the Products. However, You acknowledge that access to the Site depends on services provided by third parties that are outside Dragonchain’s control. Dragonchain makes no warranty regarding the availability of the Site or Products and You waive and release Dragonchain from any claims based on Your inability to access or use them. Dragonchain 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.
Dragonchain 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.
Our Proprietary Rights
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 Dragonchain 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 Dragonchain. You will maintain the confidentiality of all information related to the Software and Services and all other information designated by Dragonchain 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. You will not disclose the Confidential Information to any employees or to any third parties except to Your employees who have a need to know and who agree to abide by nondisclosure terms at least as comprehensive as those set forth herein; provided that You will be liable for breach by any such entity. For the purposes of this Agreement, the term “employee” will include Your independent contractors, who have signed confidentiality agreements with You. You will not make any copies of the Confidential Information except as necessary for You or Your employees with a need to know. Any copies which are made will be identified as belonging to Dragonchain and marked “confidential”, “proprietary” or with a similar legend. You will not be liable for the disclosure of any Confidential Information which You can establish (a) was generally made available by Dragonchain publicly or to third parties by Dragonchain without restriction on disclosure; (b) You rightfully received from a third party without obligation of confidentiality; © was rightfully known to You without any limitation on disclosure prior to Your receipt from Dragonchain; (d) was independently developed by You or Your employees without use of or reference to Dragonchain Confidential Information; or (e) was required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, provided that You will give Dragonchain reasonable notice prior to such disclosure and will comply with any applicable protective order.
Disclaimer of Warranties and Release
DRAGONCHAIN PROVIDES THE SITE AND THE PRODUCTS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRAGONCHAIN MAKES NO REPRESENTATIONS ABOUT THE AVAILABILITY OF YOUR DATA, THE SITE OR THE PRODUCTS. DRAGONCHAIN 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 DRAGONCHAIN 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 DRAGONCHAIN 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. DRAGONCHAIN 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 DRAGONCHAIN MAKES NO REPRESENTATION OR GUARANTEE CONCERNING ANY OUTCOME ASSOCIATED WITH YOUR USE OF THE SITE OR PRODUCTS OR THE USE THEREOF BY AUTHORIZED USERS. DRAGONCHAIN 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 Dragonchain 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.
Limitation of Liability
YOUR USE OF THE SITE AND/OR THE PRODUCTS IS ENTIRELY AT YOUR SOLE RISK. NEITHER DRAGONCHAIN, 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 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 Dragonchain HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You shall indemnify, defend and hold Dragonchain and its officers, directors, shareholders, principals and agents harmless from any and all losses, costs, claims and liabilities asserted against or incurred by Dragonchain 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 Dragonchain property in a manner contrary to the Terms (and, as applicable, the Additional Terms) or otherwise in derogation of Dragonchain’s rights would irreparably injure Dragonchain, which injury could not adequately be compensated by money damages. Accordingly, You agree that Dragonchain 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 Dragonchain’s prior written consent. Any transfer without the Dragonchain’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. Dragonchain recommends that You seek outside legal counsel for such 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 Bellevue, Washington, 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 Washington, 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 Dragonchain and You mutually agree on another location, all arbitrations shall be held in Seattle, Washington. 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.
Dragonchain 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 Dragonchain at info(@)dragonchain(DOT)com.