Last Modified: __CURRENT_DATE__
Acceptance of the Terms of Use
These terms of use are entered into by and between You and DumbMoney Foundation, a Cayman Islands foundation company ("Company," "DumbMoney," "we," or "us") and govern your use of the Website to access the Claim Portal in connection with an expected airdrop of DUMBMONEY tokens to occur in the future (the "Airdrop"). The following terms and conditions, together with any documents and addendums they expressly incorporate herein or by reference (collectively, "Terms of Use"), govern your use of __CURRENT_DOMAIN__ (the "Website") to access the claim portal (the "Claim Portal"). The Claim Portal is accessible through the Website, but is operated by a third party service provider called Magna and your use of the Claim Portal is subject to Magna's terms and conditions and privacy policy.
Please read the Terms of Use carefully before accessing or using the Website or the Claim Portal. By accessing or using the Website, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Use in their entirety. If you do not agree to all of the terms and conditions set forth herein, you are prohibited from using the Website and accessing the Claim Portal using the Website and must discontinue use immediately.
This Website is offered and available to users who are 18 years of age or older or the age of majority in their jurisdiction. By using this Website, you represent and warrant that you: have read and understood these Terms of Use in their entirety; agree to be legally bound by these Terms of Use; are of legal age to form a binding contract with the Company; have the legal capacity and authority to enter into these Terms of Use; understand the risks associated with blockchain technology, decentralized finance protocols, and digital assets, including but not limited to market volatility, technological failures, regulatory uncertainty, and potential total loss of value; will comply with all applicable laws and regulations in connection with your use of the Website and Claim Portal; accept the disclaimers and limitations of liability contained herein; will not use the Website or access the Claim Portal for any prohibited purposes, including illegal activities, fraud, or market manipulation; understand that the Claim Portal is a third party service provided by Magna Systems that is accessible through the Website, governed by its own terms and conditions, and that the Company bears no responsibility for such third-party services; and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Use of the Claim Portal is subject to the Magna Systems ("Magna") Privacy Policy, available at magna.so/privacy-policy (the "Magna Privacy Policy") which is hereby incorporated by reference. By using the Claim Portal you acknowledge and agree that you have read the Magna Privacy Policy and agree to be bound by its terms.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion, including to add, modify, or remove provisions, implement usage limits or restrictions, restrict access from certain jurisdictions, and discontinue certain services entirely with reasonable notice where practicable. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.
About DUMBMONEY and Claim of Airdrops
DUMBMONEY is the native token of the DumbMoney network. DumbMoney is the first blended execution network --- a blockchain that runs EVM, WASM, and SVM smart contracts natively in a single shared execution environment. Developers can write in Solidity, Rust, or any SVM-compatible language, and their applications compose with each other without bridges or adapters. DUMBMONEY is used for staking, governance, and accessing ecosystem incentives.
You may use this Website to claim DUMBMONEY token airdrops, allocated in accordance with certain criteria determined by us. Eligible community members receive DUMBMONEY tokens based on their on-chain activity and contributions to the DumbMoney ecosystem. Eligibility is determined by connecting your X account on the Website, which will display your eligibility status and token allocation. By claiming DUMBMONEY token airdrops, you represent and warrant that you are capable of safekeeping the airdrop tokens, and you further agree not to exploit the Website or the airdrop in any manner harmful to other Users or to us.
Tokens are expected to be distributed at Network Launch. DUMBMONEY is expected to be fully unlocked at distribution with no vesting or lock-up period, subject to any compliance, legal, or technical restrictions that may apply at the time of distribution. No KYC is required for airdrop recipients. Once the network is live, you will need to visit this Website to claim your DUMBMONEY airdrop using the same X account used to verify eligibility.
No Consideration / Not a Sale. The DUMBMONEY airdrop is provided entirely free of charge. No purchase, payment, or other consideration is required to participate or receive tokens. This airdrop does not constitute a token sale, initial coin offering, or any other form of fundraising activity. Participation does not constitute an investment activity, and no money or value is being solicited from or provided by recipients in connection with the receipt of DUMBMONEY tokens.
Not an Investment. DUMBMONEY tokens are not intended to be, and should not be viewed as, an investment, security, or financial instrument. There is no expectation of profit from acquiring or holding DUMBMONEY. The value of DUMBMONEY, if any, derives from its utility within the DumbMoney network and is not dependent on the entrepreneurial or managerial efforts of the Company or any third party.
No Guarantee of Airdrop. The Company makes no guarantee that any user will receive DUMBMONEY tokens, even if previously indicated as eligible. Eligibility determinations are made at the Company's sole discretion and may change at any time prior to distribution without notice or liability.
Revocation and Clawback. We reserve the right to modify, revoke, or cancel any token allocation at any time prior to distribution in cases of suspected abuse, manipulation, fraud, error, or violation of these Terms of Use. This right is in addition to any sanctions-related clawback rights described in the Eligibility section.
No Fiduciary Relationship. Nothing herein creates any fiduciary, advisory, partnership, joint venture, or agency relationship between you and the Company. The Company is not acting as your financial adviser, investment adviser, or broker in connection with any DUMBMONEY tokens.
No Obligation to Support Secondary Markets. The Company makes no representation, warranty, or commitment that DUMBMONEY tokens will be listed on any exchange or trading platform, or that any secondary market for DUMBMONEY will develop or be maintained. The Company has no obligation to take any action to support, create, or sustain any market for DUMBMONEY tokens.
Tax Responsibilities. You are solely responsible for determining and fulfilling any and all tax obligations arising from your receipt, holding, transfer, or disposal of DUMBMONEY tokens in your jurisdiction. The Company does not provide tax advice and makes no representation regarding the tax treatment of DUMBMONEY tokens in any jurisdiction.
Eligibility
Your eligibility to receive DUMBMONEY tokens will be determined according to the Company's sole discretion and pursuant to public announcements made by the Company through official Company communications channels.
The airdrop is unavailable for residents, citizens, or persons located in any restricted jurisdiction, including Afghanistan, Belarus, Cuba, China, Democratic Republic of the Congo, Iran, Iraq, Libya, North Korea, Russia, South Sudan, Syria, Sudan, the United Kingdom, or the following regions of Ukraine: Crimea, Donetsk, and Luhansk. Airdrop availability for US residents may be subject to applicable securities regulations. Please ensure you comply with the laws in your jurisdiction before claiming.
By entering this portal, you warrant, acknowledge and agree that:
(a) You are not a Designated Person and are not owned or controlled (directly or indirectly) by, or acting on behalf of, any Designated Person under any financial sanctions regime applicable in the Cayman Islands or the British Virgin Islands, including UK sanctions as extended to the Overseas Territories and implemented locally, and any United Nations, United Kingdom, European Union, or United States sanctions regimes, as applicable.
(b) You are not, and are not owned or controlled by, a person listed on the U.S. Treasury Department's Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List or any other U.S. restricted party lists, and you are not located in, ordinarily resident in, established in, or acting for or on behalf of, a comprehensively sanctioned jurisdiction.
(c) You have not engaged in, and will not engage in, any dealings, transactions or interactions with any Designated Persons or blocked/restricted wallets, smart contracts or entities, including any that appear on applicable consolidated sanctions lists or that are 50% or more owned (individually or in the aggregate) by one or more designated or blocked parties.
(d) You are not accessing the airdrop portal from, and will not use VPNs, proxy services, privacy-enhancing technologies or any other technical means to circumvent geo-blocking or screening intended to restrict access from, any comprehensively sanctioned jurisdiction or by any Designated Person.
(e) You consent to sanctions and risk screening of your wallet address(es), IP address and any other information you provide or that is collected in the ordinary course of operating the portal, and you acknowledge that DumbMoney and its affiliates may block access to the portal and/or restrict, withhold, freeze, claw back or nullify any allocation or distribution of tokens in order to comply with applicable sanctions, anti-money laundering, counter-terrorist financing and proliferation financing laws. You waive any claim for damages arising from such compliance actions, to the fullest extent permitted by applicable law.
(f) You will promptly provide to DumbMoney and any of its affiliates any information they reasonably request from time to time to ensure compliance with applicable laws concerning sanctions, anti-money laundering, counter-terrorist financing and proliferation financing, and you will promptly notify them if any of the representations above ceases to be true.
(g) You acknowledge that DumbMoney or its affiliates may be required to report suspected sanctions breaches or designated persons to competent authorities, including the Governor's Office in the British Virgin Islands or the Cayman Islands Financial Reporting Authority, and to take steps such as freezing assets or declining transactions, without liability to you.
"Designated Person" means any individual, entity, digital currency address or smart contract that is listed, designated, sanctioned, blocked, subject to asset-freeze measures, or otherwise targeted under:
(a) UK sanctions (including as extended to and implemented in the Cayman Islands and the British Virgin Islands via Orders in Council and local implementation), including any consolidated list published by the UK Office of Financial Sanctions Implementation or maintained locally by the competent authority;
(b) United Nations Security Council sanctions as implemented in the Cayman Islands or the British Virgin Islands;
(c) United States sanctions administered or enforced by OFAC, including the Specially Designated Nationals and Blocked Persons List and other U.S. restricted party lists; and
(d) any other applicable sanctions administered by the European Union or other competent authority to the extent applicable to the parties or the activities contemplated.
A person is also a Designated Person if it is owned or controlled, directly or indirectly, by one or more Designated Persons, including where Designated Persons individually or in the aggregate hold 50% or more ownership, or otherwise exercise control, as interpreted under applicable sanctions guidance.
Social Media Features
This Website may provide certain social media features that enable you to:
Link from your Wallet or from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website or Wallet that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for instance, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Wallet
To access the Claim Portal, you must use a non-custodial crypto wallet ("Wallet"), which constructs and broadcasts the data that allows you to interact with public blockchain. By using your Wallet, you acknowledge and agree that you are using the Wallet under the terms and conditions of your wallet provider(s). You acknowledge and agree that the Website is a non-custodial platform. We do not take custody, possession, or control of your digital assets at any time. You retain complete control over your digital assets and private keys. We cannot access your digital assets, reverse transactions, or recover lost funds. You are solely responsible for the security and management of your Wallet and private keys. The Company shall have no liability for any losses arising from your use of the Website or Claim Portal, including but not limited to errors in transaction execution, network failures, or third-party protocol vulnerabilities.
Assumption of Risk
By using the Website or the Claim Portal, you confirm that you possess the necessary understanding of the various inherent risks associated with cryptographic and public blockchain-based systems, including but not limited to the Claim Portal, Website, and digital assets. You also acknowledge and accept these risks and agree that we make no warranties, whether express or implied, and that you will not hold us responsible for any risks, including but not limited to those outlined below. Such risks could potentially lead to losses, including the complete and irreversible loss of your assets. These risks encompass, but are not limited to:
Wallet Security and Safekeeping
You bear full responsibility for the security and protection of your Wallet(s). Losing your wallet seed phrase, private keys, or password could result in the permanent loss of access to your digital assets. Any unauthorized access by third parties to your wallet could lead to the loss or theft of your digital assets. We are not involved in, nor responsible for, the storage, security, or recovery of your Wallet(s) seed phrases, private keys, or passwords, nor for any unauthorized access to your Wallet(s).
Blockchain Technology
Public blockchains and the technologies underlying cryptographic and public blockchain-based systems are experimental, inherently risky, and subject to change. Risks include, but are not limited to, bugs, malfunctions, cyberattacks, or alterations to a particular public blockchain (e.g., via forks), which could irreparably disrupt these technologies. There is no assurance that these technologies will remain available or will not experience degradation, hardware or software errors, operational or technical difficulties, denial-of-service attacks, or other problems necessitating maintenance, interruptions, delays, or errors.
Network Cost and Performance
The cost, speed, and availability of transactions on public blockchain systems can vary significantly. There is no guarantee that any transaction will be successfully confirmed or transferred.
Blockchain Transactions and Smart Contract Execution
Transactions conducted on public blockchains, including those automatically executed by smart contracts, are generally considered irreversible once confirmed. Therefore, any transaction interacting with smart contracts or recorded on a public blockchain must be handled with extreme caution.
Digital Assets
Markets for digital assets are still developing and are highly volatile due to various risk factors, including adoption, speculation, technology, security, and regulation. The value of DUMBMONEY may fluctuate significantly, and past performance of similar assets is not indicative of future results. DUMBMONEY tokens are not intended to be, and should not be viewed as, an investment, security, or financial instrument. There is no expectation of profit from acquiring or holding DUMBMONEY tokens, and the Company makes no promises, representations, or guarantees regarding the future value or performance of DUMBMONEY. Nothing on this Website constitutes investment advice, financial advice, trading advice, or any other form of advice. Digital assets and their underlying blockchain networks are complex and emerging technologies, which may face delays, interruptions, or go offline due to errors, forks, attacks, or other unforeseen issues.
Cybersecurity
Cross-blockchain bridging technology and other blockchain-related technology, being relatively new and untested, has historically been, and may continue to be, the target of numerous cyberattacks and exploits. These may include hacks exploiting vulnerabilities in software, hardware, systems, or other equipment, or social engineering tactics to gain control of a bridge or other blockchain-related components, wallets, smart contracts, or systems.
Third-Party Risks
Third-party products, including the Claim Portal, carry their own significant risks. When using the Website to access any third-party products, you are subject to all associated risks. We disclaim all liability arising from the actions or omissions of any third party. We are not responsible for verifying the identity or overseeing any third party with whom you may interact through the Website.
Legal Process
We may suspend or terminate your use of the Website if you or your assets become subject to legal proceedings or other encumbrances that restrict any transaction or your use of the Website. We reserve the right to comply with any such legal process and may request information and documentation regarding your identity and assets for your continued use of the Service.
Legislative and Regulatory Risks
Digital assets, blockchain technology, and any related software and services are subject to legal and regulatory uncertainties in many jurisdictions. Legislative and regulatory changes or actions could negatively impact the usage, transferability, and accessibility of digital assets. All recipients must comply with applicable laws and regulations in their jurisdictions, including tax obligations.
BY USING THE WEBSITE OR THE CLAIM PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL RISKS DESCRIBED IN THIS SECTION. YOU CONFIRM THAT YOU HAVE THE NECESSARY EXPERIENCE AND KNOWLEDGE TO EVALUATE THESE RISKS AND THAT YOUR USE OF THE WEBSITE AND THE CLAIM PORTAL IS APPROPRIATE GIVEN YOUR FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
You are responsible for: making all arrangements necessary for you to have access to the Website; and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by local and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as expressly permitted herein.
You must not:
Use the Website to infringe upon any intellectual property rights;
Copy, reproduce, distribute, or transmit any part of the Website except as expressly permitted herein;
Use our trademarks, logos, or other proprietary information without our prior written consent;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our express written consent; or
Create or use false or misleading domain names, social media accounts, or other identifiers that impersonate the Company.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: hello@__CURRENT_DOMAIN__.
The Company owns or licenses all intellectual property rights in: the Website and its user interface; all Company trademarks, logos, and branding; Website content, documentation, and materials; software code (except open-source components); and analytics and aggregated data.
Your license to use the Website and the Claim Portal is limited to rights to: view and interact with the Website interface; access documentation and educational materials; use the Website and the Claim Portal for their intended purpose; and reference the Website in accordance with these Terms.
You may not: use Company trademarks without written permission; copy or reproduce proprietary content; create derivative works based on the Website; remove or alter proprietary notices; use intellectual property for commercial purposes; or register similar trademarks or domain names.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website to:
Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website;
Remove, alter, or obscure any proprietary notices or labels on the Website;
Use any robot, spider, scraper, or other automated means to access the Website without our express written permission;
Bypass or circumvent any measures we may use to prevent or restrict access to the Website;
Interfere with or disrupt the integrity or performance of the Website;
Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected thereto;
Transmit any viruses, worms, or other destructive items through the Website;
Engage in any denial-of-service attacks or similar disruptive activities; or
Attempt to probe, scan, or test the vulnerability of the Website.
You further agree that you will not use the Website to:
Harass, abuse, threaten, or intimidate other users or any Company personnel;
Impersonate any person or entity or falsely state or misrepresent your affiliation;
Collect or harvest any personally identifiable information from the Website or Services;
Use the Website or Services in any manner that could damage, disable, overburden, or impair our servers or networks;
Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website or Services;
Provide false or misleading information to our systems; or
Attempt to manipulate any Website features, including airdrop claims, through illegitimate means.
Monitoring and Enforcement; Termination
We may immediately suspend or terminate your access if:
Legal and Regulatory Violations
You violate applicable laws or regulations.
You are subject to sanctions or legal restrictions.
We receive valid legal process requiring suspension.
Regulatory changes prohibit service provision.
Terms Violations
You breach any provision of these Terms of Use.
You attempt prohibited uses or activities.
You provide false or misleading information.
You impersonate another person or entity.
You do not comply with the terms of the Magna Privacy Policy in Magna's sole discretion.
Security and Fraud Concerns
We detect suspicious or fraudulent activity.
Your account shows signs of compromise.
You engage in market manipulation.
You exploit bugs or vulnerabilities.
Website Integrity
You interfere with Website operations.
You harass other users or staff.
You damage our reputation or business.
You reverse engineer or copy our services.
Risk Management
Your activities pose unacceptable risk.
You repeatedly violate risk limits.
Your jurisdiction becomes restricted.
Suspension and Termination Procedures
Immediate Suspension: For severe violations, we may suspend access immediately without notice.
Notice: Where practicable, we will provide notice of suspension or termination.
Appeal Process: You may appeal suspensions by contacting hello@__CURRENT_DOMAIN__.
No Refunds: Termination does not entitle you to any refunds.
Data Retention: We may retain certain data as required by law.
User-Initiated Termination
You may terminate your use by:
Disconnecting your wallet from the Claim Portal;
Ceasing all use of the Services; or
Requesting data deletion where applicable.
Effects of Termination
Upon termination:
Your right to access the Services ceases immediately;
Accrued obligations and liabilities survive;
Pending transactions may be cancelled;
Eligibility for DUMBMONEY airdrops may be forfeited;
We may maintain records as legally required; and
You remain responsible for all prior activities.
Survival of Terms
The following provisions survive termination:
Disclaimers and limitations of liability;
Indemnification obligations;
Dispute resolution provisions;
Intellectual property rights;
Confidentiality obligations; and
Any provisions that by their nature should survive.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
No Endorsement. The inclusion of any link or reference to a third-party service, platform, token, or application does not constitute or imply an endorsement, recommendation, or approval by the Company. This expressly includes Magna Systems and any other third-party service providers accessible through the Website. We do not endorse any third-party services, tokens, or applications, and make no warranties regarding their quality, accuracy, security, or fitness for any purpose.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION; WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED; WARRANTIES THAT THE SERVICES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; WARRANTIES REGARDING THE SECURITY OF YOUR DIGITAL ASSETS; WARRANTIES REGARDING THIRD-PARTY SERVICES OR PROTOCOLS; AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY COMPANY PARTIES BE LIABLE FOR: ANY LOST PROFITS OR LOST OPPORTUNITY; ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DIGITAL ASSETS OR LOSS OF VALUE; LOSS OF DATA OR LOSS OF ACCESS; BUSINESS INTERRUPTION OR LOSS OF BUSINESS; LOSS OF GOODWILL OR REPUTATION; COST OF PROCUREMENT OF SUBSTITUTE SERVICES; DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT; DAMAGES FROM SERVICE INTERRUPTION OR CESSATION; DAMAGES FROM BUGS, EXPLOITS, OR VULNERABILITIES; DAMAGES FROM REGULATORY ACTIONS OR LEGAL CHANGES; DAMAGES FROM NETWORK FAILURES OR BLOCKCHAIN ISSUES; OR ANY DAMAGES BEYOND THE COMPANY'S REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
The limitations set forth in this Section shall not apply to the extent prohibited by applicable law or in cases of the Company's fraudulent misconduct.
Indemnification
You agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising from or related to:
Your use or misuse of the Website or the Claim Portal;
Your violation of these Terms;
Your violation of any applicable law or regulation;
Your violation of any third-party rights;
Your User Content or Feedback;
Your negligence, willful misconduct, or fraud;
Your use of third-party services accessed through the Website;
Any dispute between you and any third party;
Your tax obligations or failure to pay taxes;
Any unauthorized access using your credentials;
Your participation in rewards programs; and
Any claims that your use caused damage to a third party.
If a claim subject to indemnification arises: we will provide you with prompt notice of the claim; you shall have the right to control the defense and settlement; we reserve the right to participate with counsel of our choosing at our expense; you may not settle any claim that admits fault or imposes obligations on us without our consent; and we may assume control of the defense if you fail to respond timely.
Your indemnification obligations under this Section shall survive any termination or expiration of these Terms or your use of the Services.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of the Cayman Islands or any other jurisdiction).
Dispute Resolution and Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or invalidity thereof, shall be finally settled by binding arbitration. The arbitration shall be seated in the Cayman Islands and conducted in accordance with the UNCITRAL Arbitration Rules as then in force. The arbitral tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties.
Notwithstanding the foregoing, either party may seek interim or emergency injunctive or other equitable relief from the courts of the Cayman Islands to preserve the status quo or prevent irreparable harm pending resolution of a dispute by arbitration. By agreeing to arbitration, you waive any right to a jury trial and to participate in any class action, class arbitration, or consolidated arbitration proceeding.
Force Majeure
The Company shall not be liable for any delay or failure to perform any obligation under these Terms of Use resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, governmental action, regulatory changes or prohibitions, court orders, cyberattacks, blockchain failures, smart contract exploits, network disruptions, exchange outages, or failures of third-party service providers. In such circumstances, the Company's obligations will be suspended for the duration of the event, and any deadlines or distribution timelines will be extended accordingly without liability to you.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR WITHIN THE APPLICABLE LIMITATIONS PERIOD; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and any other documents incorporated by reference, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of the Website and your access to the Claim Portal through the use of the Website and supersede all prior and contemporaneous agreements, proposals, representations, understandings, and communications, whether oral or written, between you and the Company relating to the Services. You may be subject to additional terms and conditions that apply when you use or purchase certain other Company services, which the Company will provide to you at the time of such use or purchase.
DumbMoney Foundation © All rights reserved • __CURRENT_DOMAIN__ • hello@__CURRENT_DOMAIN__