Terms of Use

As of November 3, 2021 PLEASE READ THIS AGREEMENT CAREFULLY THIS IS A BINDING CONTRACT

These Terms of Use ( hereinafter referred to as “Terms of Use” or “TOU”) set forth the terms and conditions under which Limitless Reality Ventures, LLC (hereafter referred to as “LRV”, “we”, “us” or “our”) provides you, whether acting individually, or on behalf of an entity (hereafter referred to as “users”, “you”, “your”), access to and governs your use of the DynoClash.io website (hereinafter referred to as the “Site”), the Dyno Clash applications (hereafter referred to as “Dyno Clash Ecosystem”), smart contracts (individually referred to as “Smart Contract(s)”), and Non-Fungible Tokens including the art incorporated in the Non-Fungible Tokens (hereafter collectively referred to as “NFT” or “NFTs”) made available through the Site , including the information, content, features, goods, services, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected through the Site. The Site, Smart Contracts, NFTs and all information, content, features, goods, services, Mint Passes (as hereafter defined), as well any other media form, media channel, mobile website or mobile application related, linked or otherwise connected through the Site shall be collectively referred to as the “SERVICES”.

IN ORDER TO USE THE GOODS OR SERVICES OFFERED BY US, YOU MUST ACCEPT THIS TOU BY CLICKING ON THE “I ACCEPT” ICON BELOW.

BY CLICKING ON THE “I ACCEPT” ICON BELOW, YOU ACCEPT THIS TOU AND CONFIRM YOUR AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS TOU. THIS CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME.

IF YOU DO NOT AGREE TO THIS TOU, YOU MAY NOT USE ANY OF THE GOODS OR SERVICES OFFERED BY THE SITE.

INTRODUCTION

You may not use the Site or the Services if are younger than eighteen (18) years of age. Furthermore, you may not accept this TOU if you are younger than eighteen (18) years of age. If you accept this TOU, you represent that you have the legal capacity to be bound by it. We may amend this TOU at any time by posting the amended Terms of Use on the Site, and you agree that you will be automatically bound by any changes to this TOU. The date of last revision of this TOU is included at the top of this page. LRV may, at any time, make changes to the Site and/or any goods or SERVICES offered herein. You understand and acknowledge that LRV may discontinue or restrict your use of the Site, and/or any goods or SERVICES offered thereby, for any reason or no reason at all, with or without notice.

From time to time, we may post supplemental terms and conditions or documents on the Site. Said supplemental terms and conditions are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason (or no reason at all) and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised TOU is posted.

You agree that you will not, in connection with your use of the Site, the Smart Contracts, or NFTs, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of LRV or any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site or SERVICES, or otherwise attempt to disrupt the Site or the SERVICES, and/or any other person’s use of the Site and/or SERVICES; or (iii) attempt to gain unauthorized access to the Site, Smart Contracts, accounts registered to other users, or the computer systems or networks connected to the Site and/or the SERVICES. Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site; (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding LRV, the Site or the SERVICES; or, (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

You agree that you will not (i) obtain or attempt to obtain any information from the Site or the SERVICES including, without limitation, Smart Contract information, email information of other account holders or other software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or the SERVICES, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, misuse, the Site, or the SERVICES; or (iv) or use any type of bot, software, or any other codes, instructions or third-party software that is designed to in any way provide you with an unfair advantage over individuals that mint NFTs manually or manually use the SERVICES. You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (” Materials”), whether publicly posted or privately transmitted, on the Site or through the use of the Site are the sole responsibility of the person posting or transmitting such Materials. LRV does not control the Materials posted on the Site or transmitted through the use of the Site and, as such, LRV does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Materials. Further, you acknowledge that LRV may or may not pre-screen Materials that is displayed on the Site or transmitted through the use of the Site. You understand that by visiting or using the Site, you may be exposed to Materials that you may consider to be offensive, indecent or objectionable. Under no circumstances will LRV be liable in any way for any user-generated Materials including, but not limited to, any errors or omissions in any Materials, or any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site.

The Site may provide forums and/or chat features enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site.

The SERVICES and/or information on the Site are not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. The Site is operated by LRV in the United States. Accordingly, those persons who choose to access the Site and/or SERVICES from other locations do so on their own initiative and are solely responsible for compliance with their local laws, if and to the extent local laws are applicable.

GENERAL TERMS OF USE

1. Dyno Clash Ecosystem

The Dyno Clash Ecosystem is a distributed application currently operational on the Polygon Network and the ETHEREUM Network (hereinafter “Blockchain(s)”) using tailored Smart Contracts enabling users to mint, purchase, own, sell, rent, farm, transfer, and/or battle unique NFT digital creatures on the Site, or on such other venues as may be available in the future. Users will have the opportunity to interact with each other and earn prizes from gameplay. Users may utilize the Site to mint, purchase, own, sell, rent, farm, transfer, and/or battle unique NFT digital creatures.

2. Using the Site

LRV has developed 3D digital creature NFTs for use in our ecosystem. These NFTs are developed using Smart Contracts. We will make these NFTs available for minting and purchase on the Site. At our discretion, we may also provide mint passes (“Mint Passes”) for pre-sale during the pre-launch phase. We shall decide, at our sole discretion, how many NFTs will be released and when such NFT launches will occur. Our proprietary algorithm creates NFTs with unique rarity traits and distinct gameplay abilities. Your skills in game play will play a role in the game outcome. BY ACCEPTING THIS TOU, YOU REPRESENT THAT SUCH SKILL BASED GAMES DO NOT CONSTITUTE GAMBLING IN YOUR JURISDICTION.
In order to use our Site and purchase NFTs, install the Google Chrome web browser. After you confirm that you've installed Google Chrome, install the MetaMask browser extension. MetaMask is an electronic digital wallet (hereinafter “MetaMask Digital Wallet”) which enables you to store, purchase, and engage in transactions using Polygon Digital Currency, Ethereum Digital Currency and other ERC-20 Digital Currencies. In order to gameplay or purchase NFTs on our Site, you must have a functioning MetaMask Digital Wallet, or another Ethereum- compatible Digital Wallet, with sufficient Polygon-based Ethereum Digital Currency to cover the NFT purchase price, and sufficient Polygon Digital currency to cover applicable Gas Fees (as hereinafter defined). You will only be recognized as a user on this Site, provided that your MetaMask Digital Wallet, or other Ethereum-compatible Digital Wallet, is connected to our Site. For clarity, you will not be able to purchase NFTs on our Site, unless your MetaMask Digital Wallet, or Ethereum-compatible Digital Wallet, is connected to our Site and properly funded as indicated above.
All expenses incurred by you associated with using the Site are solely your responsibility including, but not limited to, Gas Fees, Internet connection, telecommunication charges and any other fees. iv. Transactions on the Site are implemented and confirmed utilizing blockchain technology. When you transact activities on the Site, you acknowledge that your Polygon and Ethereum Digital Wallet addresses will be visible to the public and that we have no control or ability to impact such disclosure.
Transactions on the Site are implemented and confirmed utilizing blockchain technology. When you transact activities on the Site, you acknowledge that your Polygon and Ethereum Digital Wallet addresses will be visible to the public and that we have no control or ability to impact such disclosure.
At some point when you are utilizing the Site, you will use one or more third party sites, products or services. You acknowledge that we do not own or control any of these third parties including, but not limited to, the Blockchains, Coinbase, MetaMask Digital Wallet, Ethereum-compatible Digital Wallet, or any other, product, service or third-party site you might access, visit, or utilize in order to enable your use of the Site, the features of the Site or any goods or SERVICES offered by us. You acknowledge and agree that we make no representations or warranties regarding any third-party sites or products, and assume no responsibility or liability for the acts, omissions or negligence of said third parties. You specifically release us from any liability directly or indirectly resulting from user’s transactions or interactions with any such third-party sites or products.
You agree that all information you provide to us for purposes of creating an account (Registration Information) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this TOU and may result in the immediate termination of your account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password. You hereby represent and warrant that all information in your Site account (“Account”) is accurate and complete, and that all such information shall be updated and maintained, as necessary, for you to use your Account and for us to provide goods and SERVICES to your Account.
In creating an Account, all information provided about yourself shall be accurate. Furthermore, you shall not (a) select or use the email address or user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use an email address or user name that is profane, offensive or otherwise inappropriate; or (d) allow any other party to use your Account and/or password except as set forth herein. You are solely responsible for maintaining account integrity and security including, but not limited to your e-mail account, your Account with us and any third-party accounts inclusive of your MetaMask Digital Wallet, or other Ethereum-compatible Digital Wallet.
You may not share or transfer your Account. You may not disclose your password to anyone. You agree to immediately notify us by sending an email to support@dynoclash.io of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

3. Fees

If you purchase or rent our NFTs, all financial transactions shall be conducted solely through the Polygon network via the MetaMask Digital Wallet or other Ethereum-compatible Digital Wallet. Even though all payments are made exclusively through MetaMask, or other Ethereum-compatible Digital Wallet, we have no control or direct involvement over any of said transactions or payments. You acknowledge and agree that we have no control over these transactions and/or payments. You further acknowledge and agree that we will be unable to track or reverse any transactions. Consequently, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any Site related transactions including, but not limited to, the purchase or sale of Mint Passes, the sale or purchase of NFTs, the use of Smart Contracts, or any other transactions you conduct via the Polygon network, the MetaMask Digital Wallet or other Ethereum-compatible Digital Wallet.
Transactions conducted on the Polygon network require the payment of a transaction fee (a “Gas Fee”). You are solely responsible for paying a Gas Fee for each transaction conducted on the network.
Additionally, in the event you conduct an NFT transaction using a Smart Contract, in addition to the Gas Fee, you authorize LRV to collect a commission on those transactions (a “Commission”). These events include purchasing, selling or renting NFTs. You acknowledge and agree that you shall pay the Commission directly to us through the Polygon network.

4. Non-Fungible Tokens – Terms of Sale

In order to be eligible to purchase or rent our NFTs, you hereby agree to the following NFT terms and conditions. These terms and conditions apply not only to you, but to any subsequent person to whom you sell the NFT(s) you purchased originally from us. These terms and conditions apply as well to any and all subsequent purchasers of any NFT originally purchased from LRV. Any and all NFTs you purchase are subject to this TOU including, without limitation, these specific NFT terms.
NFT Sales.
1. We may, at our discretion, offer NFTs for pre-sale.
2. All NFT orders for pre-purchase of Mint Passes or NFTs are non-refundable, non-cancellable, and require immediate payment in full of the price upon purchase.
3. As a condition of participating in the pre-sale, LRV may require you open an Account with us to pre-purchase an NFT.
4. As a condition of participating in the pre-sale, we may require you to designate your Digital Wallet at the time of the order, or designate a Digital Wallet prior to delivery of any pre-purchased Mint Passes or NFTs.
5. You hereby acknowledge and agree that the delivery date of the NFT is subject to change, at our discretion, and may fluctuate for a number of reasons including, but not limited to, events beyond our control.
6. LRV may offer for sale, at its discretion, stand-alone NFTs or NFTs bundled with other digital commodities.
7. All NFT orders are non-refundable and un-cancellable, regardless of reason. The purchase price of each order, at the time of purchase, must be paid in full. You will be required to connect to a Digital Wallet for delivery of the NFT at the time of sale.
8. Secondary sales of your NFT to a subsequent purchaser may involve third party platforms or blockchain digital wallets which are not related to LRV, and may be subject to network specific transaction fees. Should subsequent transfer of the NFT occur, any applicable transaction fees, commissions and/or charges are payable to us concurrently at the time of sale.
9. All sales are final and the purchase price must be paid in full at the time of sale. Payments must be made in Polygon-based Ethereum Digital Currency and you must ensure that your Polygon-based Ethereum Digital Currency transfer is made to our designated Digital Wallet address through the use of our designated, verified Smart Contract. If you attempt to make payment to our Digital Wallet, you must ensure your transfer is executed through LRV’s verified Smart Contract. For clarity, “Polygon-based Ethereum” shall mean Layer 1 Ethereum Digital Currency that has been bridged to Polygon’s layer 2 blockchain infrastructure. We shall not be obligated to transfer any NFT to you until we have received the Purchase Price in full for the NFT. In the event payment is made by you to an incorrect party’s wallet (not our wallet), you will not be entitled to receive an NFT.
10. For clarity, Digital Currency means a cryptographically secured virtual currency or virtual asset which we identify as an acceptable means of payment for transacting business with us (which in our case will be Polygon-based Ethereum).
11. For clarity, a Digital Wallet means the applicable public key or wallet address, account or storage device which we choose to support for the delivery of the NFTs purchased by you. In the event we transfer an NFT to you, but the payment is reversed or invalidated for whatever reason, you agree to immediately return to us any and all NFTs subject to the payment reversal or payment invalidation.

5. Games

In the future, the NFTs may be used for gameplay on the Site, and may ultimately provide additional utility and additional features.
We cannot represent or warrant that our game(s) or your access to our games will be uninterrupted or maintained in perpetuity.
Your participation in the games will be subject to this TOU, and may be subject to additional restrictions, terms, instructions and/or conditions as are detailed now, or in the future, in this TOU, the Site, or in the actual game.

6. Title and Risk Loss

Title and risk of loss in any NFT purchased shall pass to you immediately upon NFT purchase. It is your sole responsibility to ensure that your Digital Wallet is directly and properly linked to our Digital Wallet through our designated, verified Smart Contract. In the event you misplace your private key or login information for your Digital Wallet, you will lose access to the NFTs stored in your Digital Wallet. You hereby release LRV from any liability resulting from the loss of access to your NFTs.

7. Digital Currency Risk Valuation and Refunds

You acknowledge and agree that you shall not be entitled to a refund. All sales are final and the purchase price is not subject to refund. However, if we decide, at our discretion to issue a refund, you agree the refund shall be made in the same form of Digital Currency used in the initial transaction and at the same monetary value the Digital Currency had at the time of the sale. However, if the Digital Currency depreciated in value, the refund shall be made utilizing the Digital Currency’s depreciated value as of the time of the refund.

8. Intellectual Property and Intellectual Property Rights

As used in this TOU, Intellectual Property shall mean any and all LRV intellectual property incorporated in the Site, Smart Contracts, SERVICES and/or NFTs including, but not limited to, all copyright, patents, trade-marks, business names, domain names, trading styles, designs, knowhow, processes, methodologies, algorithms, software, codes, and all current and future registered and unregistered rights, development or enhancement of the Intellectual Property owned by us or by our licensors.
Intellectual Property Rights shall mean: all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
1. patents, inventions, discoveries, designs, copyright, trademarks, trade names, brand names, business names, product names, domain names or rights in designs, art, images, drawings, know how, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
2. any application or right to apply for registration of any of these rights or other rights of a similar nature arising or capable of arising under statute or at common law anywhere in the world;
3. any registration of any of those rights or any registration of any application referred to in paragraph (b.); and,
4. all renewals and extensions of these rights.
Intellectual Property License
LRV, and/or its Affiliates, owns the Intellectual Property Rights associated with or incorporated in the Dyno Clash Ecosystem, the Site, the Smart Contracts, the Mint Passes, the NFTs and/or the SERVICES, as applicable. For clarity, Intellectual Property Rights shall mean the entire right, title and interest in and to all the Dyno Clash Ecosystem, the Site, the Smart Contracts, the Mint Passes, the NFTs and the SERVICES related proprietary rights, of every kind and nature, with respect to the including all rights and interests pertaining to or deriving from patents, copyrights, software, codes, algorithms, technology, know-how, processes, trade secrets, algorithms, inventions, works, proprietary data, databases, formulae, research and development data and computer software or firmware, rights of privacy and publicity, moral rights, and proprietary rights of any kind or nature, however denominated, throughout the world in all media now known or hereafter created, any and all registrations, applications, recordings, licenses, common-law rights and contractual rights relating to any of the foregoing.
Unless otherwise indicated herein, the Dyno Clash Ecosystem, Site, the Smart Contracts, the Mint Passes, the NFTs and the SERVICES we offer, are our sole and exclusive Intellectual Property and all source code, database, functionality, software, website design, audio, video, text, photographs, art, and graphics on the Site (collectively, the “Content") and trademarks, copyrights, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other Intellectual Property Rights and unfair competition laws of the United States of America and international conventions. Except as expressly provided in these Terms of Use, no part of the Site, the SERVICES, and no 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 whatsoever, without our express prior written permission.
The entire content of the Site is subject to the applicable trademark and copyright protection. The trademarks, logos and service marks (collectively, the "Trademarks") used or mentioned on this Site are registered and/or unregistered trademarks of LRV, its parent company or another of its affiliates, and are protected by applicable law. Unless expressly permitted for minting purposes or with the express written consent of LRV, you may not download, display or print information from the Site for any use including, but not limited to, commercial or personal use. The Site and all of its contents, are owned by LRV, our affiliates and/or partners.
No license to or right in the Intellectual Property, Intellectual Property Rights (including but not limited to the Contents or any trademarks, patents, designs, trade secrets, technologies, products, processes or other proprietary rights of LRV, its affiliates and/or partners) is granted to or conferred upon you, except as specifically provided below:
We grant to the initial purchaser(s) of the NFT(s), an assignable, transferable and revocable, royalty free License to use of the NFT (including to sell or transfer on a Marketplace) and to display and enjoy the art associated with the NFT anywhere in the world (hereinafter referred to as “License”). The term of the License shall last as long as the purchaser owns the NFT (“License Term”), adheres to the NFT terms and this TOU;

The License is exclusively for your personal, non-commercial use of the NFT, including the right to display and enjoy the NFT for non-commercial use anywhere in the world;
Upon selling your NFT to a third party (“New Owner”), the License transfers to the New Owner and the New Owner will be subject to the License, the TOU and these NFT terms; and
The transfer of the license upon selling your NFT does not constitute a “commercial use” under Section (b) above. Upon selling your NFT, all of your rights under the License shall immediately cease, and become null and void. Effective immediately upon NFT sale, you shall no longer have the right to display or use the NFT, the associated art or any reproductions thereof.
Your License is limited in scope and duration. Notwithstanding your License, you have not been granted ownership of any Intellectual Property Rights in, or any other rights related to the Intellectual Property.
Upon sale of the NFT to you, or upon your sale of the NFT to a New Owner, you agree and acknowledge that there is no transfer of title or ownership of any Intellectual Property or any Intellectual Property Rights. Under these NFT terms and/or this TOU, LRV has NOT transferred to you or any New Owner any title, right, interest or ownership in any Intellectual Property or Intellectual Property rights.
You and any potential New Owners, shall not use the NFT in any way which would:
1. change, modify or disparage the NFT or incorporated art; or
2. use the NFT or incorporated art to promote, market or to sell any product or service, including third-party products or services, or derive any other commercial benefit; or
3. use the NFT or the incorporated art in connection with events or images of promoting hatred, violence or other inappropriate behavior, including any other activity which could adversely impact the reputation of LRV; or
4. seek to misappropriate any Intellectual Property Rights in the NFT, incorporated art or any LRV copyright or trademark; or
5. take, appropriate or represent any ownership in the Intellectual Property; or
6. assert any right to or over the Intellectual Property in any manner inconsistent with the rights under these NFT Terms; or
7. engage in any activity or take any action which may disparage LRV’s Intellectual Property or which may directly or indirectly invalidate, challenge, oppose or place in dispute LRV’s title to the Intellectual Property; or
8. engage in any activity in contravention of the TOU or these NFT Terms; or
9. directly or indirectly engage in any of the above activities through any third parties.
For the avoidance of any doubt:
1. all License restrictions survive termination, assignment or transfer of the License;
2. initial ownership of this NFT does not grant you or any subsequent owner any ownership or license in any LRV Intellectual Property Rights including, but not limited to, any Intellectual Property Rights related or incorporated in the our NFTs, the Site, the Services or the Dyno Clash Ecosystem;
3. the limited License granted hereunder is limited to the time you own the NFT. Immediately upon selling the NFT to another party, your original limited License is automatically assigned to the purchaser of the NFT and your rights under the License cease and have no further effect. Prior to the sale of the NFT, you hereby agree to inform the potential new owner of this TOU;
4. the sale of your NFT to a third party does not constitute a “commercial use” of your NFT; and,
5. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of LRV’s Intellectual Property Rights or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your Account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.

9. Termination

Termination with cause.
We can terminate this TOU with immediate effect if you breach any of the following provisions: (a) your warranties and/or covenants under these Terms of Service; or, (b) the limitations of the License under Section 8 above. Either party may terminate this TOU if the other party commits any material breach of its obligations under these terms and fails to remedy such breach (if capable of remedy) within 30 days of receipt of notice from the non-defaulting party requiring it to do so.

10. Covenants

You acknowledge and agree that:
1. your use of the Site is limited to the use of the services offered by us and you are not authorized hereby to use the Site or the SERVICES for any other purpose;
2. any information that we publish is not intended to be financial advice to you or any New Owner of the NFTs;
3. we sell NFTs as art and/or in-game assets. NFTs are not financial products. They are not sold or represented to be a financial product or intended for speculative use;
4. your decision to buy NFTs, or any other goods or services associated with the Site, is based on your sole independent judgement, and not based on any information conveyed by us or the Site. Historically, NFTs have experienced significant price fluctuations and volatility. NFTs may continue to be subject to extreme price fluctuations, including potentially losing all of their value at some point in time. We do not guarantee that any of the NFTs you purchase from us will have any future value, or be of any specific use or utility;
5. We have not provided, and will not in the future provide, you or any other person with financial advice, custodial services, brokerage services, exchange services, fiduciary services or any similar services;
6. further, you are solely responsible for compliance with all applicable requirements of any laws, rules, and regulations of governmental authorities in your jurisdiction. You specifically release us from any liability or damages, of any kind whatsoever, relating to the transfer and use of the NFTs subject to this TOU;
7. we are not NFT custodians and NFT transfers occur exclusively for sales transaction purposes;
8. any and all transactions under this TOU are deemed to have occurred within the jurisdiction of the State of Florida, United States of America;
9. we operate and maintain the Site at our sole discretion; and,
10. Your use of the Site is limited in scope and you hereby agree not to access the Site for any other purpose

11. Warranties

We represent and warrant that:
1. LRV owns, and/or has the right to use, subject to a license, the Intellectual Property Rights in the game, the Site, and the NFTs which we sell through the Site, and are legally entitled to sell, rent or otherwise use or dispose of the NFTs;
2. LRV shall have discretion to determine NFT and Mint Pass delivery dates. However, we will undertake reasonable efforts to deliver any pre-purchased NFTs within the planned time previously estimated by LRV for delivery.
Buyer Warranties
You warrant and assure us that in acquiring an NFT (from us or from a third party or existing NFT holder):
1. You are eighteen (18) years or older and you are sufficiently knowledgeable about NFTs to purchase NFTs from LRV. You are astute and skilled in managing/moving Digital Currency on the Blockchain and storing NFTs using a Digital Wallet;
2. You have the necessary skills and licenses, permits and approvals required in your jurisdiction to purchase NFTs. You further warrant that any transactions under these NFT terms or in your use of the Site will be legal under the applicable laws of your jurisdiction;
3. All information you supply to us is true and accurate as at the time it is given, and that any Digital Wallet address you provide to us has been generated in accordance with best practice security measures and no other party, other than you or your authorized representative, has used, or has access to, the seed phrases, private keys or analogous passwords required to effect transfers from the Digital Wallet;
4. You are not involved in any capacity in any claim, legal action, proceeding, suit, litigation, prosecution, investigation, inquiry, mediation or arbitration (nor which are pending or threatened) concerning NFTs;
5. If we request, you will identify and substantiate the source of funds involved in transactions to acquire NFTs;
6. No Digital Currency transferred to us as part of a purchase price has been derived from any illegal or unlawful activity;
7. You are the lawful owner of any Digital Wallet nominated for delivery of NFTs and each Digital Wallet is owned and operated solely for your benefit, and no person has any right, title or interest in your nominated Digital Wallet; and
8. You have had the opportunity to obtain independent legal advice in relation to the terms and effect of this TOU and NFT terms.

12. General Terms

Indemnity
You agree to defend, indemnify and hold LRV harmless, including our respective officers, agents, partners, licensors, employees and/or affiliates, at all times and to the fullest extent permitted by law, including third party expenses and reasonable attorneys’ fees and expenses due to or arising out of any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgements, settlements, penalties, fines, costs and expenses arising out of or related to: (1) your violation of any law, rule, regulation or rights of others in connection with your use of the SERVICES or the Site; (2) breach of this TOU; (3) any breach of your representations warranties under this TOU; (4) use of the Site; (5) use of any purchases made on the Site; (6) breach of the NFT terms; (7) use of the Smart Contracts; (8) your violation of the rights of LRV or any third party, including but not limited to Intellectual Property Rights; and/or (9) any harmful act or offensive language toward the Site, the SERVICES or any other use or user of the Site. At our sole discretion, we reserve the right, at your expense, to undertake the defense and control of any claim, loss, lawsuit or matter for which you are required to indemnify us. You also agree to cooperate with such defense, at your sole cost and expense.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, LRV , OUR EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS AND/OR LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, 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

YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE AND/OR THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE GOOD OR SERVICE AT ISSUE UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED ($100) US DOLLARS.

YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE MINT PASSES, THE NFTS, THE SERVICES AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE SERVICES, THE MINT PASSES, THE NFTS AND/OR THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE (AND ALL COMPONENT PARTS ) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. LRV, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY COMPONENT PART (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, OR RELIABILITY. LRV PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SMART CONTRACTS, THE NFTS OR THE SERVICES PROVIDED WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE (OR ANY PART THEREOF), WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF ANY PART THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE SITE, OR ANY PART OF THE SITE, WILL BE ACCURATE; (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, OR ANY PARTS THEREOF, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, OR ANY PART THEREOF, WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR INTENTIONAL WRONGDOING. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, THE POLYGON NETWORK, THE METAMASK DIGITAL WALLET, OTHER ETHEREUM COMPATIBLE DIGITAL WALLET, OR THE LRV’S DIGITAL WALLET, 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, OR OTHER MEANS OF ATTACK AGAINST THE SITE, THE ETHEREUM NETWORK, THE POLYGON NETWORK, THE METAMASK DIGITAL WALLET OR OTHER ETHEREUM COMPATIBLE DIGITAL WALLET.

NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE POLYGON NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE POLYGON NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO THIRD PARTY WEBSITES, BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM OR POLYGON NETWORKS, THE METAMASK DIGITALWALLET, OTHER ETHEREUM COMPATIBLE DIGITAL WALLETS, OR LRV’s DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of LRV, its employees, agents, partners, licensors and its affiliates, shall be limited to the fullest extent permitted by law
Data Privacy
We respect the privacy of Site users. Please refer to our Privacy Policy that explains user’s rights and responsibilities with respect to information that is disclosed on the Site
Links to Other Internet Sites and Third-Party Products
You may not place a link to the Site on another website without our prior written consent. This Site may contain links or references to websites operated by third parties over which we have no control. LRV provides these links to other web-sites as a convenience. Similarly, this Site may be accessed from third party links over which we have no control. We make no warranties or representations of any kind as to the truthfulness, accuracy, currency, completeness of any information contained or compliance with applicable law in such third-party internet sites and assumes no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party links does not imply any endorsement or recommendation by us. Furthermore, we will not be liable for the performance, errors or omissions of any third parties or decentralized networks such as, but not limited to: blockchain networks, NFT marketplaces, or other delivery methods.
Third party services, content, information and products may be made available by LRV on or through the Site (Third Party Products). Third Party Products are provided solely for the convenience of Site users and LRV makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.
BLOCKCHAIN BASED DIGITAL CURRENCY AND NFT VOLATILITY - ASSUMPTION OF RISK
You accept and acknowledge each of the following:
1. You hereby acknowledge and agree that we have not provided you with any financial advice relative to the purchase and sale of our NFTs. Generally, the prices of blockchain assets and NFTs are unpredictable and extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs and any of the goods or services provided hereunder, which may also be subject to significant price volatility. Consequently, there is the potential that you may, at some point, lose money in connection with the purchase of our NFTs or the use of the Site or SERVICES. We cannot, under any circumstances, guarantee that you will not incur a loss in connection with purchasing our NFTs or using the Site or SERVICES.
2. You acknowledge and agree that the use of internet-based Digital Currency is risky. Such risks include, but are not limited to, the risk of sending your Digital Currency to the wrong wallet, losing access to your Digital Currency, all risks related to the use of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You acknowledge and agree that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our Blockchain network, regardless of the cause of the loss.
3. You acknowledge and agree that broad adoption and public interest in the development, deployment and sustainability of distributed ecosystems are necessary for the success of our project. A lack of use or enthusiasm in the development, deployment and sustainability of distributed ecosystems may negatively impact the development, deployment and sustainability of our ecosystem, and therefore the potential utility or value of our NFTs, future games and/or the Site.
4. Blockchain technologies are relatively new and Digital Currencies are unpredictable. Therefore, you acknowledge and agree that country specific laws and regulatory regimes governing NFTs, blockchain technologies, cryptocurrencies, and tokens are uncertain, and new laws and/or regulations may materially adversely affect the development, sustainability or viability of our ecosystem, and therefore the potential utility or value of our NFTs, future games, our SERVICES and/or the Site.
5. In order to enable you to the use the Site, your will transmit certain data to the Site. You are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site. You agree that the data submitted has been backed-up and that you are not relying on us to back-up your data. You further agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
6. Upgrades by Blockhains may have unintended, adverse effects on the Site, including our ability to deliver goods and services.
Tax
Each party is solely responsible for any taxation which arises as a result of dealing in the NFTs, including capital gains or income tax, and no party shall have a claim for any loss against the other in respect of any taxation amounts however arising. All sales and use taxes, if any, will be paid by you based on the applicable law of your jurisdiction.
Amendment
LRV reserves the right to amend this TOU at its discretion, from time to time. Such amendments will be effective immediately upon written revision of the TOU.
Relationship of Parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this TOU or your use of any component of the Site.
Assignment
We may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent.
These Terms of Use are for the benefit of the parties and their successors and assigns. The parties and their successors and assigns are bound by these Terms of Use. To the extent that any party purchases an NFT from you, they are deemed to have taken an assignment of these Terms of Use, as published at the time of the purchase, and you must provide that party with a link or copy of these Terms.
Severability.
If any of the provisions of this TOU is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys' Fees.
In the event any litigation is brought by either party in connection with this TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
No Waiver.
Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Any such waiver by us shall be in writing and signed by our authorized representative.
Notices
All notices given by you or required under this TOU shall be in writing and addressed to: Attn: Customer Service.
Equitable Remedies.
You hereby agree that we would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement.
This TOU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and the SERVICES, and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site or the SERVICES. Where there is inconsistency between these Terms of Use and other content displayed as part of the DynoClash Ecosystem or concerning the sale of NFTs, the content of these Terms of Use will prevail to the extent of any inconsistency. None of our agents or representatives are authorized to make any representations, conditions or agreements not expressed by us in writing nor are we bound by any such statements.
Force Majeure.
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, Government sanctions or orders, whether known or unknown at the time the parties enter into this TOU)
Severance
If any provision of these Terms are void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
Applicable Laws and Arbitration: Consent to Jurisdiction in Florida
1. In the event you breach any of the terms and conditions in the TOU, we reserve the right, to take corrective action, including, but not limited to, preventing you from using the Site, as well as any services offered by us, and removing any information, data and content communicated to this site, at any moment and without notice.
2. This TOU, the contents of the Site and your use of it shall be governed by and construed in accordance with substantive laws of the State of Florida, United States of America. Any conflict arising out or in relation hereto, if not solved amicably, shall be settled through binding arbitration in the State of Florida:
  Any and all disputes, claims or controversies arising out of or relating to this TOU, the breach thereof, or any use of the Site, Smart Contracts, NFTs, and or the SERVICES ("Claims"), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and LRV waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Miami, Florida, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.
  1. Subject to the limitations set forth below in this Section xvi, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Florida, provided that:
    1. The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute;
    2. Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and LRV agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis;
    3. For any Claims that are not subject to arbitration by law: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Dade County, Florida (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and LRV waive any and all rights to trial by jury with respect to any Claims;
    4. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section xvi, or initiates a proceeding in a jurisdiction other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed; and,
    5. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide LRV with written notice of the event or facts giving rise to the Claim within three (3) months of their occurrence

NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.