TERMS OF USE

LAST UPDATED: 8 May 2024

Welcome to dune404 (the “Site”), owned and operated by OliveX (BVI) Limited, a British Virgin Islands company (collectively, “OliveX,” “we,” “our,” or “us”). OliveX provides an online service for its NFT gaming project (the “Service”). The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting, or using the Site and/or the Service.

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and OliveX (BVI) Limited (“we,” “us,” or “our”) concerning your access to and use of the www.dune404.com website and as well as any other media forms, channels, mobile websites, or applications related, linked, or otherwise connected thereto (collectively, the “Site” and the “App”).

IMPORTANT NOTICE: WE WILL ONLY PROVIDE THE APP, SMART CONTRACTS, AND SITE IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, SMART CONTRACTS, SITE, OR ANY OTHER OFFICIAL DUNE404 PRODUCT, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, APP, AND SMART CONTRACTS, AND MUST DISCONTINUE USE IMMEDIATELY.

Dune404 is a decentralized application intended to operate primarily on the Ethereum blockchain using the ERC-404 standard, and on other layer-2 chains. Specially-developed smart contracts (“Smart Contracts”) allow users to own DOSE tokens and Dune404 NFTs (collectively, the “Dune404 Tokens”), transfer these tokens, and participate in gaming missions.

Supplemental terms or documents may occasionally be posted on the Site, App, and Smart Contracts, which are incorporated by reference. We reserve the right to modify these Terms of Use at any time and for any reason. Changes will be reflected by updating the “Last Updated” date, and you waive any right to specific notification of each change. Periodically review these Terms of Use to stay updated. Your continued use of the Site, App, and Smart Contracts indicates acceptance of any revised Terms of Use.

The information on the Site, App, and Smart Contracts is not intended for distribution where prohibited by law or regulation. Users accessing these services while violating local laws do so at their own risk and will face the consequences when applicable.

Users must be at least 18 years old to access or register for the Site, App, and Smart Contracts.

Intellectual Property Rights

The Site, App, and Smart Contracts are our proprietary property. All source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics (collectively, the “Content”) and trademarks, service marks, and logos (the “Marks”) are owned or licensed by us and are protected by international intellectual property laws. Except as expressly permitted in these Terms of Use, no portion of the Site, App, Smart Contracts, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for commercial purposes without our prior written permission.

Eligible users are granted a limited license to access the Site, App, and Smart Contracts or to download/print any permitted Content solely for personal, non-commercial use. We reserve all rights not explicitly granted to you regarding the Site, App, Content, and Marks.

If you own, or have permission from the owner of an ERC404 Dune404 Token, you are granted a limited license to create fan art commercially, as long as you follow these terms:

Fan art cannot use our official assets, such as logos (e.g., Dune404 or DOSE logos), but derivative non-commercial assets inspired by Dune404 NFTs are acceptable.
Artwork must clearly state "Dune404 Fan Art" include a link to dune404.com, and provide a direct link to the original NFT asset that inspired the artwork.
A Dune404 NFT can generate up to $10,000 in revenue through fan art (physical or tokenized) or merchandise (e.g., T-shirts, mugs) before an official license agreement is required.
Creating original fan art without monetization is acceptable without licensing.

USER REPRESENTATIONS

By using the Site, App, and Smart Contracts, you represent and warrant that:

All registration information you submit is accurate and current.
You will maintain accurate registration information and update it promptly.
You have the legal capacity to comply with these Terms of Use.
You are not a minor in your jurisdiction of residence.
You will not access the Site, App, or Smart Contracts via automated or non-human means, unless explicitly allowed for:

Scholarship management.
Developing public tools/bots for transparency and analysis.
Building private, non-commercial tools for data analysis.

You will not use the Site, App, or Smart Contracts for unauthorized or illegal purposes.
Your use will not violate applicable laws or regulations.
You will only use one in-game account to earn tokens within a 24-hour period.
As an account owner, you are responsible for players using your account.
You will not manipulate the energy system or engage in multi-accounting.
You are not on any sanctions lists, such as those maintained by OFAC or the United Nations Security Council.
By registering, you agree that your IP address may be stored.
You can qualify for only one leaderboard reward each season.

We reserve the right to restrict services to certain jurisdictions.

USER REGISTRATION

You may need to register with the Site, App, and Smart Contracts. Keep your password confidential and you are responsible for its use. We may remove or change usernames deemed inappropriate or offensive.

PROHIBITED ACTIVITIES

You may not use the Site, App, or Smart Contracts for purposes other than those we make available. Specifically, you cannot:

Systematically collect data/content to create a compilation without written permission.
Use unauthorized means to collect user data or create accounts.
Use the Site to advertise or offer to sell goods/services without authorization.
Circumvent security features, including content restrictions.
Use automated systems (bots/scripts) to send messages, mine data, or otherwise interact, except as allowed in Section 2(5).
Impersonate others or use another's username.
Harass, abuse, or harm others.
Decipher, decompile, disassemble, or reverse-engineer any software of the Site, App, or Smart Contracts.
Use the Site, App, or Smart Contracts in competition with us.
Upload viruses, excessive capital letters, or spam that disrupts the Site.
Upload or transmit spyware or passive information collection mechanisms.
Use unauthorized automated systems, scripts, or software.
Tarnish or harm the Site, App, Smart Contracts, or OliveX.
Engage in win-trading, collusion, or manipulation in missions.

Any violations may lead to the suspension or termination of your account.

FEE AND PAYMENT

Any purchases made via the Site or marketplace will occur through smart contracts on a Blockchain using electronic wallets like Metamask or others we may allow. All financial transactions will occur solely through the Blockchain via these wallets, over which we have no control and cannot reverse any transactions. Therefore, we bear no liability for any claims or damages arising from your transactions on the Site, App, or Smart Contracts.

Blockchain networks, such as Polygon, require a transaction fee ("Gas Fee") for each transaction to fund the network. You are responsible for this fee when making transactions via the App.

You are solely responsible for paying all applicable taxes, duties, and assessments related to using the App, including ownership, transfer, or sales of tokens/assets. Except for our income taxes, you will reimburse us for any national, state, local, or other taxes imposed on your transactions. You cannot deduct these taxes from any payments made to us.

SUBMISSION

By submitting any questions, comments, ideas, or other feedback about the Site, App, or Smart Contracts ("Submissions"), you acknowledge that they are non-confidential and will become our property. We own exclusive rights, including intellectual property rights, to these Submissions and can use them for any lawful purpose without acknowledgment or compensation. You waive any moral rights to the Submissions and guarantee that they are your original work or that you have the right to submit them.

THIRD-PARTY WEBSITES AND CONTENT

The Site and/or App may contain links to third-party websites or content. We do not investigate or monitor these for accuracy or appropriateness. We are not responsible for their content, privacy practices, or policies. Leaving the Site or App to access third-party websites is done at your own risk. You should review their terms and policies, including privacy and data practices. Any purchases made through third-party websites are solely between you and the third party, and we are not liable for any related issues. You agree to hold us harmless from any losses or harm arising from your interactions with third-party websites.

ADVERTISER

Advertisers may place ads on the Site or App, including sidebar or banner ads. Advertisers are fully responsible for their ads and the products/services they sell. They must have the rights and authority to place these ads, including intellectual property rights. We only provide advertising space and have no other relationship with advertisers.

TERMINATION

These Terms of Use remain effective while you use the Site, App, and Smart Contracts. We reserve the right to deny access to any person for any reason, including breach of these Terms or applicable law. We may also terminate your participation or delete your account without warning.

If your account is terminated or suspended, you cannot register or create a new account under your name, a fake name, or a third party’s name. We also reserve the right to pursue legal action, including civil, criminal, and injunctive remedies.

Governing Law

These Terms of Use are governed by the laws of the British Virgin Islands. Any disputes arising from these Terms will be resolved in the British Virgin Islands.

Dispute Resolution

Notification:

Contact the team first for resolution.

Arbitration:

Disputes resolved via arbitration.

Procedure:

HKIAC arbitration rules apply.

Class Action Waiver:

Claims are individual, no class actions.

Filing Requirement:

One-year limit on claims.

Arbitration Notice:

Provide written notice to initiate.

Equitable Relief:

Equitable remedies may be sought.

Disclaimers

Risks: Services are provided "as is."
Security: Online risks and liabilities rest with the user.
Blockchain: Smart Contracts are on decentralized ledgers.

Limitation of Liability

Indirect Damages: No liability for indirect damages.
Total Liability: Aggregate liability limited to fees paid or $100.
Jurisdiction Exceptions: Some limitations may not apply.

Assumption of Risk

Volatility: Blockchain asset prices can be unstable.
Taxes: Users responsible for taxes.
Transfer Risks: Token transfers occur on blockchain.
Internet Risks: Risks from malicious software.
Public Interest: Potential utility depends on usage.
Regulatory: Changing regulations can impact value.

Indemnification

User Obligations: Users defend and indemnify the company.

User Data

Data Responsibility: Users handle their data and backups.

Identity Verification

Mandatory Process: Verification required for full services.

Accuracy of Information

Accurate Data: Provide up-to-date and truthful data.

Verification Providers

Third Parties: Agree to third-party provider terms.

Privacy

Data Use: Personal data only used for verification.

Security

Industry Standards: Security measures are applied, but risks remain.

Limitation of Liability

Verification Issues: No liability for damages from verification issues.

Miscellaneous

Entire Agreement: These terms and policies constitute the entire agreement.
Assignment: Rights can be assigned.
Force Majeure: Not liable for events outside control.
Severability: Invalid provisions can be severed.
Electronic Waiver: Defense waivers apply electronically.

Contact Us

If you have any concerns or questions regarding this terms and condition document, please reach out at legal@olivexbvi.com