Everdragons Terms and Conditions Agreement

Effective as of March 11, 2018

The Everdragons Terms and Conditions Agreement explains the terms and conditions under which you are able to use and access our Site and Services. Please read carefully this Terms of Service document, and keep a copy of it for your reference.

BY ACCESSING OR USING EVERDRAGONS ’S WEBSITE OR SERVICES YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH 4 LITTLE DUCKS UG. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and 4 Little Ducks UG. Provisions of any individual Agreement between you and the 4 Little Ducks UG supersede provisions from these Terms.

1.     Definitions

1.1       The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions Agreement:

            ‘ Terms/Agreement’ refers to the latest version of this Terms and Conditions Agreement document.

            ‘ Site’ refers to any and all websites provided by 4 Little Ducks UG, available at <https://www.everdragons.com/ > or any other url which may host 4 Little Ducks UG websites or Services.

            ‘ User/You’ refers to any person visiting the Site or using our Services.

            ‘ We/Us/Everdragons’ refers to 4 Little Ducks UG, the Site, and their developers and affiliates.

            ‘ Collectibles’ refers to the everdragon collectibles available for purchase on the Site.

            ‘ Party/Parties’ refers to either User or Everdragons when used in singular form and to both User and Everdragons when used in plural form.

            ‘ Outside source ’ refers to any application, website, natural or legal entity other than Everdragons , the Site or their affiliates.

            ‘ Content’ refers to all images, text, audio and video data or any other information located on the Site.

            ‘ User Generated Content ’ refers to the Content provided by the Users.

            ‘ Services’ refers to the functionality of the Site, purchase and trade of the Collectibles, and other Services available through the Site.

2.     General Provisions (A)       Scope of the Services

2.1       Everdragons provides a decentralized blockchain application that includes various types of games and betting with the chance to win cryptocurrency. It incorporates real life events and at the core of it all holds the awesome and unique Collectibles. Once the project is live, the blockchain and any feature thereof is outside of our control. The program itself may have bugs or mistakes.

2.2       Collectibles may not have any value. Collectibles may not have any rights, uses, purpose, attributes, functionalities or features, express or implied, including, without limitation, any uses, purpose, attributes, functionalities or features on the Everdragons project. Collectibles may be transfer to other users through Ethereum wallet.

2.3       Everdragons project may not commence at all. You understand and accept the risk of Everdragons failure to launch or sudden discontinuation of the Everdragons project. Evedragons may be updated from time to time, paused, or discontinued altogether, without notice and notice period.

(B)       Eligibility

2.4       By using our Services you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. In order to make purchases through the Site you need to have MetaMask digital wallet with Ether in it.

2.5       We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site, or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services you will need to comply with the terms of this Agreement, and any applicable laws, regulations and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.

(C)       Contact

2.6       If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services ( Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. We may also inform you through e-mail about content, promotions, special offers and or other topics of interest related to Everdragons and our affiliates ( Promotional e-mails ). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in Promotional e-mails.

(D)      Third Party Services

2.7       The Services may be made available or accessed in connection with third party services and content (including advertising) that Everdragons does not control. We may also provide you with links leading to outside sources. You acknowledge that different Terms of Service and Privacy Policies may apply to your use of such third party services and content. Everdragons does not endorse such third party services and content and in no event shall Everdragons be responsible or liable for any products or services of such third party providers.

3.     Acceptable Use Policy

3.1       You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site, or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User or Subscriber, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:

(i)         send or otherwise post unauthorized commercial communications (such as spam) through the Site;

(ii)        collect Users' content or information, or otherwise access the Site, or the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

(iii)       upload viruses or other malicious code;

(iv)      bully, intimidate, or harass any other User;

(v)       post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;

(vi)      harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site or the Services;

(vii)     take any action creating a disproportionately large usage load on our Site unless expressly permitted by us;

(viii)    post or transmit content that is misleading.

(ix)       communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;

(x)        encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site or the Services;

(xi)       post or transmit hyperlinks to other websites that violate these Terms;

(xii)      facilitate or encourage any violation of these Terms.

3.2       Users are solely responsible for their own content and the consequences of making the content available to third-parties.

4.     Intellectual Property (A)       Proprietary Rights

4.1       All intellectual property rights connected to the Site, Services, or Content used with the Services are the sole property of Everdragons or are used under appropriate licenses or permissions. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.

4.2       Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Services. Except as expressly permitted in this Agreement, you may not:

·         copy, modify or create derivative works based on the Services or Content;

·         distribute, transfer, sublicense, lease, lend or rent the Services or Content to any third party;

·         reverse engineer, decompile or disassemble the Services or Content; or

·         make the functionality of the Services available to multiple users through any means.

4.3       Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Everdragons to the User, or from the User to Everdragons .

4.4       We reserve the right to modify, suspend or discontinue, temporarily or permanently any Service, with or without notice and without liability to you.

(B)       User Generated Content

4.5       If you post Content on or through the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Site, our social pages, and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the Content provider through their name, screen name or e-mail address, if available.

(C)       Notification of infringement

4.6       If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

            1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

            2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

            3. A description of where the material that you claim is infringing is located on the Site or the App;

            4. Your name, address, telephone number and e-mail address;

            5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

            6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

4.7       Our copyright agent can be reached as follows:

Email: info@everdragons.com

5.     Payment and Pricing

5.1       All prices for the Collectibles will be shown in Ether (cryptocurrency). All prices are shown exclusive of VAT and other applicable taxes. You understand and agree that it is your responsibility to pay applicable taxes for your use of the Services if such taxes are applicable to you. Prices on the site are shown exclusive of Gas Fee, a transaction fee for the usage of the Ethereum Blockchain.

5.2     In addition to this Gas Fee you accept our commission of 3.75% of the total value of each of your transactions. You acknowledge and agree that this commission will be transferred to us via an internal transaction as part of your transaction.

5.3       We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:

            (i)         The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,

            (ii)        We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,

            (iii)       To regulate the availability and the quantity of the Collectibles on the market.

5.4       We may, at our sole discretion, decide to migrate Everdragons to another Blockchain. This will include migrating your digital assets to the new Blockchain and away from the Ethereum Blockchain. In such a case all necessary technical actions for the migration will be done and secured by us. We will guide you to find your digital assets on the new Blockchain and learn how to use Everdragons there. In such a case you will be provided with an advanced notification via our social media channels and the newsletter at least one month before and will have the option to sell your assets on the Ethereum Blockchain in case you do not wish to migrate.

5.5        Every owner of a digital asset can create a Promo Code for others to use as a promotional service. These Promo Codes are only usable for purchases of digital assets directly offered by Everdragons and not for purchases made between users. Promo Codes provide a 5% discount for the purchaser and a 5% cut of that purchase for the owner of the Promo Code, the promoter. The discount is directly applied to the purchase price and the payout is directly diverted to the owners wallet address via internal transaction.

5.6        The Race

5.6.1        In the event of a system failure, we will attempt to provide full refunds where possible, but this cannot be guaranteed.

5.6.2        In the Race, gas fees for the oracle call are substracted from the prize pot of entry fees. These may vary depending on the current gas price as they need to be pre-defined.

5.6.3        The race can be taken offline at any time, in the event of high gas prices or local restrictions.

5.6.4        The exact duration of The Race is subject to coinmarketcap intervals of data updates. The winner is decided by the closest confirmed data we have retrieved from coinmarketcap within two minutes of the 60 minute duration.

5.6.5        On occasion Races can fail if the winner cannot be determined by the system. In the event of a failed Race, players who have joined the race will receive a refund of their entry fee unless this function fails due to technical reasons, e.g. high gas prices.

5.6.6        In the event of a failed Race you cannot claim any winnings, even if you would have won had the Race not failed.

6.     Termination

6.1       Everdragons may terminate this agreement without notice and notice period, with immediate effect and such termination will be final until further notice.

6.2       You may terminate this Agreement at any time simply by discontinuing your access and use of our Services. You understand and agree that in no case shall Evedragons provide you with any refund for your purchases.

7.     Indemnity

7.1       You will indemnify and hold harmless Everdragons, and its owners, officers, directors, employees, presenters, contributors, subsidiaries, licensors, service providers, agents and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

8.     Limitation Of Liability

8.1       YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE EVERDRAGONS SERVICES IS TO STOP USING THE EVERDRAGONS SERVICES. EVERDRAGONS CANNOT GUARANTEE OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

8.2       THE SITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVERDRAGONS , ITS OWNERS, EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, PRESENTERS, CONTRIBUTORS, AGENTS, SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE EVERDRAGONS SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF EVERDRAGONS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9.     Earnings Disclaimer

9.1       The information provided through the Services is provided solely for informational, educational, or entertainment purposes. Everdragons is not a financial institution or a financial or legal advisor. Everdragons makes no representations, warranties, or guarantees, express or implied, regarding the results that may be obtained through the use of the Services or by participating in any of the Everdragons ’s programs. Nothing displayed on the Site, or provided through the Services may be interpreted as a promise or a guarantee of any kind, regarding your potential earnings or specific results. Whenever we refer to potential earnings and effects of our Services, we are expressing our opinions and not stating the facts or professional advice. Before making any financial decisions or implementing any financial strategy, trading strategy, investment strategy, including recommendations of third parties identified through the Services, Everdragons recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.

9.2       Everdragons, it’s owners, officers, employees, directors, presenters, contributors, subsidiaries, licensors, service providers, agents and affiliates do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Everdragons is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services.

9.3       Different statements made as part of the Content, including but not limited to those which express belief, expectation, and other statements which do not represent a historical fact, are forward-looking statements. Whenever we are making a prediction or a future speculation, and especially when we are using words like "believe", "estimate", "anticipate", "plan", "predict", "may", "hope", "can", "will", "should", "expect", "intend", "is designed to", "with the intent", "potential", the negative of these words or such other variations thereon or comparable terminology, we are only expressing our opinion and we are not under any circumstance stating a fact. These forward-looking statements are made considering the conditions at the time of their making, and we are under no obligation to update these statements if the conditions change in such way to affect the statements.

10.   Risk Warning Disclaimer

10.1     Please understand that trading and investing bears a high risk level. You hereby understand that any Content available through the Services pertaining to trading and investment does not represent financial or legal advice, guarantee, or suggestion. We are not responsible for your decisions, even if such are based on any Content made available through the Services. The value of financial instruments varies depending on a large number of factors, and in time you may receive less than you have initially invested or you may even lose your entire investment and owe commission or other transaction charges. The amount you may lose when trading and investing is potentially unlimited and can exceed the amount you originally deposit. It is very important to seek professional advice and conduct additional research before engaging in financial business, and most importantly: do not invest money you are not prepared to lose.

11.   Changes

11.1     Everdragons may make changes or replace our Terms and Conditions Agreement at any time. We will post such changes, replacements and updates on the Site and such change, replacement and update to our Terms and Conditions Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted Terms and Conditions Agreement and you accept and are bound by such change, replacement and update if you access or use our Service after we have posted it in our Site. The Terms and Conditions Agreement applies regardless from which platform you access our Services.

12.   Governing Laws And Choice Of Forum

12.1     This Agreement shall be governed by and construed under the laws of Germany, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Germany by Germany residents. You agree that if you have any dispute with Everdragons you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Munich, Germany.

13.   Final Provisions

13.1     If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

13.2     If we find or suspect that you have breached this Agreement we may, at our sole discretion, take any appropriate action against you including, but not limited to, deleting your user account, sending you a formal warning, blocking your access to the Site, taking legal action, etc.

13.3     If you have any question or suggestion you can contact us at info@everdragons.com.