TERMS AND CONDITIONS FOR MYTE TOKENS AND MINING SERVICES
THESE TERMS AND CONDITIONS FOR MYTE TOKENS AND MINING SERVICES (these “Terms”), is a legal and binding contract between Dinola Studio LLC, a Saint Vincent and the Grenadines limited liability company with Limited Liability Company Number 1635 LLC 2021, its successors and assigns (hereinafter "Dinola Studio", “our”, “us” or “we”), and the party or parties (the "User", or “you”) acquiring MYTE Tokens (“MYTE Tokens” or “Tokens”) through the Platform or using the Mining Services available in the Platform.
The information in these Terms does not constitute a recommendation by Dinola Studio, or any other person, to acquire MYTE Tokens or use the Mining Services. The information in these Terms do not necessarily identify, or purport to identify, all the risk factors associated with acquiring MYTE Tokens or using the Mining Services. Users must make their own independent assessment, after making such investigations as they consider necessary, of the merits of acquiring Tokens and/or using the Mining Services. Users should consult and rely upon their accounting, legal and tax representatives and advisers in order to evaluate the economic, legal and tax consequences of acquiring MYTE Tokens and/or using the Mining Services.
Users must also investigate themselves as to the regulations within the countries of their nationality, residence, ordinary residence or domicile regarding the acquisition of the MYTE Tokens or the use of the Mining Services, including, but not limited to, restrictions or regulations regarding buying, holding, trading or disposing of cryptographic coins/tokens or virtual currencies in general. Dinola Studio does not offer to acquire MYTE Tokens in any jurisdiction or to any person to whom it is unlawful to make such an offer or solicitation in such jurisdiction.
These Terms are based on the law and practice in force in Saint Vincent and the Grenadines at the relevant time and are subject to changes therein. In the event of any dispute between Dinola Studio and a User, such dispute shall be determined pursuant to the arbitration provision detailed in Article 16 "Submission to Arbitration" and Article 17 "Waiver of Class Action Rights and Class Wide Arbitration".
Dinola Studio reserves the right, at its sole discretion, to modify or replace these Terms at any time, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of the Mining Services or the acquisition of Tokens following any such modification constitutes your acceptance of these modified Terms. If you do not agree to any modification to these Terms, you must stop using the Mining Services or acquiring Tokens. Dinola Studio encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Mining Services and acquisition of Tokens.
1. DEFINITIONS; INTERPRETATION
“Affiliated Entities” includes, but is not limited to, any partnership, corporation, limited liability company, trust, or other entity or association, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with, Dinola Studio. The term “control” as used in the immediately preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, more than 25% of the voting rights attributable to the controlled corporation or limited liability company, and, with respect to any partnership, trust, other entity or association, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled entity.
“Dinola Studio” means Dinola Studio LLC, a Saint Vincent and the Grenadines limited liability company with Limited Liability Company Number 1635 LLC 2021, its successors and assigns.
"Dinola Studio Parties" means Dinola Studio, the Affiliated Entities and their parent companies, subsidiaries, affiliates, agents, representatives, predecessors, advisors, and the successors and assigns of each of the foregoing.
"MYTE Tokens" or “Tokens” means the cryptographic tokens named MYTE, and utilizing the symbol "MYTE".
“Pepper Attack Platform” or “Platform” shall mean the Pepper Attack online gaming platform available at https://pepperattack.com/
“Peppers” or “NFTs” means the non-fungible cryptographic tokens that are digital collectibles generated by Dinola Studio through the Platform as defined in, and whose purchase is governed by, the Purchase Agreement at https://purchase-agreement.pepperattack.com .
“Prohibited Jurisdiction” shall mean (i) the United States of America, the People’s Republic of China, Afghanistan, Belarus, British Virgin Islands, Central African Republic, Congo, Democratic Republic of the Congo, Republic of the Cote D'Ivoire, Crimea region of Ukraine, Cuba, El Salvador, Eswatini, Gambia, Iran, Iraq, Liberia, Libya, Malawi, Mali, Moldova, Myanmar, Niger, North Korea, Palestinian Territory, South Sudan, Sudan, Syria, Venezuela,, Yemen, Zambia, Zimbabwe; (ii) any state, country or other jurisdiction that is sanctioned and/or embargoed by the United States of America, the European Union and/or Switzerland; (iii) a jurisdiction where it would be illegal according to local law or regulation for you to purchase Tokens; or (iv) a jurisdiction where the sale of Tokens is prohibited or contrary to local law or regulation, or could subject Dinola Studio to any local registration, regulatory or licensing requirements.
"Terms" means these Terms of Service and Acquisition of MYTE Tokens, including all exhibits and any amendments and supplements thereto.
"U.S. Person" means a citizen or resident of the United States, a corporation (or other entity treated as a corporation for United States federal income tax purposes) created or organized in the United States or any political subdivision thereof, an estate the income of which is subject to United States federal income taxation regardless of its source, a partnership or limited liability company or other entity created or organized in or under the laws of the United States, a trust if (i) a court within the United States is able to exercise primary supervision over the administration of the trust and one or more United States fiduciaries have the authority to control all substantial decisions of the trust or (ii) the trust properly elected to be treated as a US Person, or any person falling within the definition of the term "United States Person" under the 1933 Act or under any other applicable rules or regulations.
"United States" means the United States of America (including the States and District of Columbia) and any of its territories, possessions and other areas subject to its jurisdiction.
"User" means any person or entity acquiring MYTE Tokens and/or using the Mining Services. Collectively, such persons or entities shall be referred to as the "Users."
"Website" means https://pepperattack.com/
1.2. Interpretation; Forward looking statements; Translations
In these Terms, unless the context otherwise requires:
- 1.words importing the singular include the plural and vice versa;
- 2.words which are gender neutral or gender specific include each gender;
- 3.other parts of speech and grammatical forms of a word or phrase defined in these Terms have a corresponding meaning;
- 4.an expression importing a natural person includes a company, partnership, joint venture, association, corporation or other body corporate and a government agency;
- 5.a reference to "includes" means to include without limitation;
- 6.a reference to a law is a reference to such law as amended, consolidated or replaced;
- 7.a reference to a document includes all amendments or supplements to such document, or replacements or innovations of it;
- 8.a reference to an entity in these Terms includes that entity's successors and permitted assigns;
- 9.all references to currencies or cryptocurrencies shall include any successor currency or cryptocurrency, as the case may be; and
- 10.all references to dates are to dates of the Gregorian calendar.
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, this document or any part of it.
The titles, subtitles and headings used herein are provided for convenience only and should not be considered in construing or interpreting the Terms.
These Terms and related documents may be translated. Any translation is for reference purposes only and is not certified by any person. Only the English language version of the Terms and its related documents have legal effect and shall prevail to the extent of any inconsistency.
Certain information contained in the the Terms constitutes "forward looking statements", which can be identified by the use of forward-looking terminology such as "may", "will", "should", "expect", "anticipate", "project", "estimate", "intend", or "believe" or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, including those described under the section headed "Risk Factors," actual events or results or the actual performance of NFTs and/or the Platform may differ materially from those reflected or contemplated in such forward looking statements.
2. MYTE TOKENS
2.1. Description of MYTE Tokens
MYTE Tokens are cryptographic tokens issued in the Polygon Blockchain. They can be held in an Polygon blockchain digital wallet and can be transferred to other digital wallets.
MYTE Tokens are utility tokens designed to be used on the Platform. MYTE Tokens have an expected future usage solely as a utility token and unit of account within the games of the Pepper Attack Platform, and such usage will involve active participation in the Pepper Attack Platform to ensure that its function and value proposition are realized. The Dinola Studio token will be used throughout the platform for multiple use cases, including but not limited to:
- 1.Access to features in the games of the Pepper Attack Platform;
- 2.Payment of fees;
- 3.Receipt of in-game rewards;
MYTE Tokens are not a security of any kind, and they do not represent any right to vote, manage, or share in the profits or proceeds of any legal entity. MYTE Tokens do not represent ownership of any physical asset, and they will not be redeemable by any legal entity. Dinola Studio does not guarantee or suggest any economic return from purchasing MYTE Tokens, and you should not purchase MYTE Tokens for any speculative purposes. Acquiring MYTE Tokens should be without expectation of any profit, dividend, capital gain, financial yield or any other return, payment or income of any kind.
No language in these Terms, in any of its exhibits or on the Website should be understood, deemed, interpreted or construed, under the laws of any applicable jurisdiction, to equate MYTE Tokens to any kind of:
1. money, legal tender or currency, whether fiat or otherwise;
2. equity or proprietary interest in any entity, scheme or venture;
3. investment in any entity, common enterprise, scheme or venture, taking any form, whether equity, debt, or as a commodity (or any combination thereof, whether to be delivered in the future or otherwise);
4. instrument, entity, scheme or venture that participates or receives any dividend, payment, profit, income, distribution or other economic returns;
5. security, futures contract, derivative, deposit, negotiable instrument (including commercial paper), investment contract or collective investment scheme between the holder and any other person or entity; or
6. asset or commodity (whether to be delivered in the future or otherwise), including any asset or commodity that any person or entity is obliged to repurchase or redeem.
MYTE Tokens have an expected future usage solely as a utility token for the games available in the Pepper Attack Platform, and such usage will involve active participation to ensure that their function and value proposition are realized, as more fully described in the Website and the Whitepaper. Dinola Studio does not contemplate that there will be any economic return from purchasing MYTE Tokens, and you should not purchase MYTE Tokens for any speculative purposes.
Acquiring MYTE Tokens carries substantial risk that could lead to a loss, including a total loss, of the value or utility of MYTE Tokens (for more details, see Article 6 "Risk Factors" below). There can be no assurance that the objectives of Dinola Studio will be achieved, or that MYTE Tokens shall ever hold or maintain value within the Pepper Attack Platform or elsewhere.
Every person acquiring MYTE Tokens shall have the sole responsibility to attend to and exercise due care with regard to delivery of MYTE Tokens to their wallets. It is imperative that a User utilize a digital wallet controlled by such User which is compatible with the MYTE Tokens.
Further, once MYTE Tokens are delivered to a User's digital wallet, User should ensure the private keys relating to such digital wallets are stored securely. Dinola Studio shall not be liable for any loss or theft after delivery (or simultaneously at the time of attempted delivery) of MYTE Tokens to the User's digital wallet, regardless of the reason for such loss or theft.
2.1. Acquisition of MYTE. Users can acquire MYTE Tokens by:
- 1.purchasing MYTE Tokens directly from Dinola Studios;
- 2.mining MYTE Tokens through the Mining Services;
- 3.receiving rewards in the form of MYTE Tokens when playing the games available within the Platform; and
- 4.receiving rewards in the form of MYTE Tokens when participating in online events organized by Dinola Studio; and
- 5.receiving rewards in the form of MYTE Tokens granted by Dinola Studio.
For the avoidance of doubt, all the references related to “acquiring”, “acquisition” or similar derived words in these Terms shall include purchasing MYTE, mining MYTE and receiving rewards in the form of MYTE Tokens either by playing games available within the Platform or by participating in online events organized by Dinola Studio, or other distributions of Dinola Studio.
3. PURCHASE OF MYTE TOKENS
3.1. Payment of Fees
By purchasing MYTE Tokens directly from Dinola Studio, you agree to pay the Token price as determined by Dinola Studio, and all applicable fees and, if applicable, you authorize Dinola Studio to automatically deduct fees (including any transaction fees as applicable) directly from your payment. If you transfer MYTE Tokens to other persons through the Platform, Dinola Studio does not have any insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. Accordingly, Dinola Studio shall have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions of the MYTE Tokens you engage in.
3.2. No Refunds
The purchase of Tokens as well as any transaction fees or other applicable charges are non-refundable.
3.3. Payment Methods and Exchange Rates
Dinola Studio may accept payment for the purchase of MYTE Tokens via a variety of cryptocurrencies, including but not limited to BTC, USDT, USDC, ETH, BUSD, BNB, among others, at its sole discretion. When prices are provided in fiat currency such as U.S. dollars or other cryptocurrencies, the exchange rate for any other forms of payment shall be determined solely by Dinola Studio in its own discretion.
4. MINING OF MYTE TOKENS
4.1. Mining Services
The Platform contains a user interface and decentralized peer-to-peer protocol consisting of smart contracts that enable Users to stake NFTs and be rewarded with newly generated MYTE Tokens to their digital wallets (the “Mining Services”).
The rate of rewards of newly generated MYTE Tokens is programmed in the smart contract as described in the Platform, Website and the Whitepaper. However, Dinola Studio does not own and has no control over the smart contract accessed through the Mining Services, and therefore, you agree and understand that Dinola Studio does not guarantee that you will receive rewards through the Mining Services and that Dinola Studio is not responsible for transferring or granting rewards to you through the Mining Services.
Dinola Studio does not receive, transfer or hold NFTs, cryptocurrencies, or MYTE Tokens on behalf of Users and does not directly or indirectly facilitate the clearance or settlement of any transactions.
4.2. No Representations and Warranties
THE MINING SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. You acknowledge, understand and agree that Dinola Studio shall not be liable for any claims or damages whatsoever associated with your use, inability to use, the Mining Services, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, or anything else of value.
DINOLA STUDIO MAKES NO REPRESENTATION OR WARRANTY THAT THE MINING SERVICES ARE APPROPRIATE FOR USE IN ALL LOCATIONS, OR THAT THE TRANSACTIONS AND SERVICES DESCRIBED HEREIN ARE AVAILABLE OR APPROPRIATE FOR ENTRY INTO OR USE IN ALL JURISDICTIONS OR BY ALL PARTIES. YOU SHOULD INFORM YOURSELF AS TO THE LEGAL REQUIREMENTS AND TAX CONSEQUENCES OF USING THE MINING SERVICES WITHIN ALL JURISDICTIONS APPLICABLE TO YOU. DINOLA STUDIO IS NOT RESPONSIBLE FOR TAX CONSEQUENCES TO YOU OF USING THE MINING SERVICES.
4.3. Security of your digital wallet
You are exclusively responsible for maintaining the confidentiality and security of your digital wallet or devices you use to access the Mining Services, and for ensuring that no unauthorized person has access to your digital wallet, or any device that you utilize in connection with the Mining Services. Dinola Studio shall not be liable for any loss or damage arising from your failure to protect your digital wallet or devices.
5. OTHER TERMS AND CONDITIONS
Dinola Studio reserves the right to require Users to complete the identification process in line with relevant Know Your Customer, Anti-money Laundering, and Combating the Financing of Terrorism regulations.
Purchases of MYTE Tokens shall be deemed complete upon the transmission of the appropriate number of MYTE Tokens to the digital wallet address of the User. Purchases are deemed complete and binding regardless of User's ability to retrieve such MYTE Tokens, whether from the use of a non-qualifying digital wallet, from the loss of a private key, or otherwise.
Users are responsible for their own costs related to the acquisition of MYTE Tokens or the use of the Mining Services, including the costs of obtaining financial, tax or legal advice.
6. RISK FACTORS
Acquiring MYTE Tokens and/or using the Mining Services significant risks due to, among other things, the rapidly evolving, technological, legal and regulatory environment of cryptocurrencies, which could negatively impact MYTE Tokens and the Pepper Attack Platform. Further, Dinola Studio believes that there are numerous risks involved in the development, maintenance and running of Pepper Attack Platform and the Polygon Blockchain, many beyond the control of the Dinola Studio Parties, and such risks could jeopardize the value and utility of MYTE Tokens within the Pepper Attack Platform and the Polygon Blockchain.
Users must rely on their own careful review of these Terms, together with all amendments, supplements and exhibits, and on their own careful examination of Dinola Studio, and Dinola Studio Parties, weighing all risks involved with the acquisition of MYTE Tokens and/or the use of the Mining Services. Such Users should not construe the contents of these Terms as providing legal, tax or accounting advice, and each is urged to consult with its own advisors with respect to the legal, tax, regulatory, financial and accounting consequences of the acquisition of MYTE Tokens and/or the use of the Mining Services.
Each User should peruse, comprehend and consider carefully the risks described below, in addition to the other information stated in these Terms, before deciding whether to acquire MYTE Tokens and/or use of the Mining Services. Such decision must be made with a full awareness of the risks involved, which include the risk of a total loss of MYTE Tokens, or a total loss of the utility or value of MYTE Tokens.
6.1. Revenues from the Dinola Studio May be Insufficient
The revenues of Dinola Studio may not be sufficient to properly sustain or grow Pepper Attack Platform. It is expected that MYTE Tokens will have utility solely within the Pepper Attack Platform. Without a thriving Platform, the utility and value of MYTE Tokens is likely to suffer.
6.2. Users Hold a Minor Percentage of the Total Supply
The amounts of MYTE Tokens held by Users (or their transferees) may be overshadowed by the amount held by Dinola Studio Parties, i.e., the actions of the majority may adversely affect the value of the MYTE Tokens held by the minority. For example, Dinola Studio Parties may release, distribute or otherwise utilize their MYTE Tokens in a manner that may be contrary to the interests of the Users. There can be no guarantee that the Dinola Studio Parties shall release, spend or otherwise utilize its share of MYTE Tokens in a manner that is aligned with the interests of the Users.
6.3. Regulatory Measures
Regulation of cryptocurrencies and blockchain technologies, which include MYTE Tokens, transactions such as the sale and purchase of MYTE Tokens, and of services such as the Mining Services or the Platform lack uniformity and are unsettled in many jurisdictions. These regulations are evolving rapidly, are subject to significant variation among international jurisdictions and are generally subject to significant uncertainty. Dinola Studio or the Dinola Studio Parties may receive queries, notices, warnings, requests or rulings from one or more regulatory authorities from time to time, or may even be ordered to suspend or discontinue any action in connection with Pepper Attack Platform or with the distribution of MYTE Tokens. In such a case, the value or utility of MYTE Tokens within the Pepper Attack Platform may be negatively affected, or may even decrease to zero. There is no guarantee that MYTE Tokens, and/or Pepper Attack Platform will not suffer as a result of new laws or regulations or by the new enforcement or interpretation of current laws or regulations.
Cryptography is constantly evolving and current systems cannot guarantee absolute security going forward. Advances in cryptographic methods or algorithms, or with technology, such as with quantum computing, could present risks to all cryptography-based systems, including MYTE Tokens. These advances could result in the theft, loss, disappearance, destruction or devaluation of MYTE Tokens. There can be no guarantee that the value or security of MYTE Tokens will not be destroyed or negatively impacted by the future developments in the field of cryptography.
6.6. Development of the Pepper Attack Platform May Fail or be Aborted
The Dinola Studio Parties could prove to be incapable of effective development of the Platform due to a variety of reasons, such as due to a lack of managerial skill, due to technical difficulties, or due to a lack of resources. Accordingly, the development of the Platform could fail or even be aborted in the future, which would likely negatively affect the value and utility of MYTE Tokens. There can be no guarantee that the Platform shall be continued to be developed effectively or at all.
6.7. Dinola Studio Assets Could be Targeted by Thieves
There have been many documented incidents of thefts and attempted thefts of cryptocurrency. Dinola Studio and, subsequently, the Dinola Studio Parties may hold large amounts of cryptocurrency in the form of ADA, BTC, ETH, BUSD, BNB, USDC, USDT, MYTE Tokens or other cryptocurrencies. This may make such entities the target of cryptocurrency thieves and scammers. Due to the rapidly evolving nature of cryptocurrency, there likely will always be a risk of vulnerability to theft even with adherence to security best practices. There can be no guarantee that Dinola Studio or the Dinola Studio Parties will not be a victim of cryptocurrency theft, the result of which may adversely affect Pepper Attack Platform and therefore the value and utility of MYTE Tokens.
6.8. Source Code Could Contain Significant Flaws
No one can guarantee the source code of Pepper Attack Platform, the Mining Services, the Smart Contracts or the Polygon Blockchain, or other relevant blockchains, to be flaw-free. Flaws, errors, defects and bugs in such may disable functionality for users, expose users' information or otherwise negatively impact users. This could compromise the usability, stability, and/or security of the Mining Services, the Pepper Attack Platform and the Polygon Blockchain, as well as consequently adversely impact the value and utility of MYTE Tokens.
6.9. The Platform and the relevant Blockchain May Have Insufficient Bandwidth
The Polygon Blockchain or any other relevant blockchain, and the Platform be public, unpermissioned and thus vulnerable to being overwhelmed with traffic. Whether due to an intentional and malicious attack, or whether due to the popularity of a blockchain-related event, the Pepper Attack Platform may from time to time be flooded with requests for transactions that utilize all its throughput capacity. This leaves the Pepper Attack Platform and the Polygon Blockchain largely inaccessible for many users. If Dinola Studio Developers are unable to address scalability issues, network congestion may adversely affect the usability of the Mining Services MYTE Tokens, thereby decreasing its value and utility.
6.10. Polygon Blockchain May Fork
The Polygon Blockchain is an open source protocol. Anyone may clone the source code of Polygon Blockchain and develop a diverging blockchain protocol without prior permission by anyone else. The acceptance and support for such a divergent blockchain by some faction of the Dinola Studio community could result in a "fork" in the Polygon Blockchain. The existence of one or more forks in the Polygon Blockchain may undermine the usability and sustainability of MYTE Tokens, the Mining Services, which could adversely impact the operation of Pepper Attack Platform, the Mining Services and the utility and value of MYTE Tokens.
6.11. MYTE Tokens May be Lost or Stolen
MYTE Tokens stored in a digital wallet are accessible by a private key, which is simply a unique string of text. The loss or destruction of a digital wallet's private key may render the MYTE Tokens on such wallet inaccessible. Further, if a private key is learned or copied by another person, that person will be able to steal the MYTE Tokens (and any other cryptocurrency or tokens) stored on the digital wallet. Users are required to safeguard the private Dinola Studios of their digital wallets. Neither Dinola Studio nor the Dinola Studio Parties will be liable for any losses due to any situation in which a private Dinola Studio is lost, divulged, destroyed or otherwise compromised.
6.12. Pepper Attack Platform May Fail to Gain Traction
MYTE Tokens derive their utility and value from the Pepper Attack Platform. The Dinola Studio Parties may fail to attract Users necessary for a robust Pepper Attack Platform. There is no guarantee that any planned service offerings will materialize, or that the Dinola Studio Parties will have the resources, leadership or vision to create and sustain a thriving Pepper Attack Platform.
6.13. MYTE Tokens are Utility Tokens
MYTE is a utility token. It is not a currency, and it is not secured by any hard assets or other credit. The liquidity or trading of MYTE Tokens on a market may not be the objective or responsibility of Dinola Studio or the Dinola Studio Parties. Further, should MYTE Tokens be listed for trade on an outside market or on a cryptocurrency exchange, neither Dinola Studio nor the Dinola Studio Parties will be obliged to concern itself with, or to take action with regard to the pricing, supply or regulation of MYTE Tokens on such market or exchange.
6.14. Pepper Attack Platform May Face Significant Competition
Certain parts of the Platform's and Mining Services’ underlying protocol will be based on open-source computer code which may restrict or make impractical a claim of copyright or any other type of intellectual property right with respect to the source code. As a result, anyone can legally copy, replicate, reproduce, engineer, modify, upgrade, improve, recode, reprogram or otherwise utilize the source code and/or underlying protocol of the Mining Services or the Platform in an attempt to develop a competing protocol, software, system or digital platform. Such competition may find success or ultimately even overshadow or overtake the popularity or functionality of Pepper Attack Platform. Dinola Studio and the Dinola Studio Parties will in no case be capable of eliminating, preventing, restricting or minimizing such competing efforts that aim to contest with or overtake the Mining Services or the Platform.
6.15. Pepper Attack Platform Governance May be Insufficient to Prevent Conflicts of Interest or Breaches of Fiduciary Duties
Certain Dinola Studio Parties and large MYTE Token Holders may have substantial influence on the setup, governance and initial operations of Pepper Attack Platform. Dinola Studio Parties and other large Dinola Studio Token Holders may have the ability to exert influence in order to give themselves a competitive or economic advantage. There is no guarantee that any governance of can prevent, restrict or deter Dinola Studio Parties or other large Dinola Studio Token Holders from acting in their own self-interests, despite actual or perceived conflicts of interest, actual or perceived breaches of fiduciary duties, and actual or perceived claims of self-dealing.
6.16. Regulatory Issues
The Pepper Platform and the Mining Services may be banned, restricted or deemed illegal in certain jurisdictions. Regulators of a number of jurisdictions may accordingly take administrative or judicial actions against such programs, applications, services or even the relevant developers or users thereof. Any penal action, sanction, crackdown or other regulatory effort made by any government, quasi-government, authority or public body (including but not limited to any regulatory body of any jurisdiction) may significantly deter existing or potential users away from using the Mining Services, the Pepper Attack Platform or holding MYTE Tokens. In such circumstances, the prospects and viability of the Platform may be adversely impacted.
6.17. Issues May Arise Due to Data Retention
Dinola Studio may collect and retain personal information from Users. The collection and retention of such information is subject to applicable laws and regulations. Further, databases holding such information are vulnerable to breaches and other forms of unauthorized access. The Dinola Studio Parties may be required to expend significant financial resources to alleviate problems caused by any breaches or losses, settle fines and resolve inquiries from regulatory or government authorities. Any information breaches or losses will also damage the Dinola Studio Parties's reputation and thereby may harm the Platform
6.18. The Dinola Studio Parties May Suffer Due to Taxation Issues
Tax laws and regulations are highly complex and subject to interpretation, especially when cross-border transactions and multiple tax jurisdictions are involved. Consequently, Dinola Studio and the Dinola Studio Parties are subject to changing tax laws, treaties and regulations. If any tax authority successfully challenges the operational structure of Dinola Studio or the Dinola Studio Parties, or if Dinola Studio or the Dinola Studio Parties loses a material tax dispute, the Dinola Studio Parties's tax liabilities could increase substantially. This could cause the Dinola Studio Parties's financial resources to be constrained or impaired, and could cause the Dinola Studio Parties to redomicile or to alter its legal entity structure in order to optimize its tax situation. This in turn could negatively affect the Dinola Studio Parties's ability to manage and grow the Platform, which would negatively impact the utility and value of MYTE Tokens.
6.19. Unexpected Tax Consequences May Arise from the Acquisition of MYTE Tokens
The taxation of cryptographic and utility tokens is an evolving area of law and often varies widely between jurisdictions. The Acquisition may have tax reporting implications and may create liabilities for Users, depending on their tax jurisdiction and situation. Users are urged to consult their tax advisors prior to acquiring MYTE Tokens or using the Mining Services. Dinola Studio and the Dinola Studio Parties expressly disclaim responsibility and liability for the tax treatment and tax obligations arising from the acquisition of MYTE Tokens
6.20. Lack of Participation May Harm the Development of the Platform
Users are urged to be actively involved in Pepper Attack Platform and Polygon Blockchain, whether as a consumer or active Users in development. It is through this active involvement that the Pepper Attack Platform will grow, thus increasing utility and value to MYTE Tokens. However, there is no guarantee that enough persons and entities will remain sufficiently active for the Platform to flourish long term.
6.21. Terms and Conditions of the Acquisition of MYTE Tokens and the Mining Services may change at any time
These terms and conditions are subject to revision from time to time, and there is no guarantee that such terms will be acceptable to you.
6.22. The Platform, the Mining Services and the Acquisition of MYTE Tokens may not be available to every user
The Platform, the acquisition of MYTE Tokens and the Mining Services are not available to Users of certain jurisdictions. Each user will ultimately bear the responsibility of regulatory compliance for his or her legal jurisdiction. There is no guarantee that users will have full satisfaction with the utility and value of their MYTE Tokens.
7. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE USER
The User further represents and warrants the following to the Dinola Studio Parties as of the date of acceptance of these Terms:
- 1.The User is of sufficient age to enter into a binding contract, and that the User has full legal capacity of conduct under the laws of the jurisdiction where he or she is domiciled or maintain citizenship;
- 2.The User (1) does not reside; (2) is not located; (3) does not have a place of business; or (4) is not conducting business in the United States and/or the People’s Republic of China and/or in any other Prohibited Jurisdiction.
- 3.The user is NOT: (1) a Resident of a jurisdiction where the purchase of MYTE Tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) a Resident of, or located in, a jurisdiction that is subject to U.N., U.S., EU, Switzerland or other sovereign country sanctions or embargoes, or (3) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List, or any other Sovereign Country sanctioned persons’ lit.
- 4.The User agrees that if his or her country of residence or other circumstances change such that the above representations are no longer accurate, the User will immediately return the MYTE Tokens purchased.
- 5.The User further represent and warrants that if he or she is purchasing the MYTE Tokens on behalf of a legal entity: (1) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (2) I am duly authorized by such legal entity to act on its behalf.
- 6.The represents and warrants that all of the representations and warranties he or she is making in these Terms are true and accurate. If any representations and warranties are not true and accurate prior to acceptance of these Terms, the User shall give prompt written notice of this fact to Dinola Studio specifying which representations and warranties are not true and accurate and the reasons why they are not. The agrees to notify Dinola Studio promptly if there is any change with respect to any of the representations and warranties in these Terms.
- 7.The User acknowledges and accepts that there are risks associated with acquiring the MYTE Tokens and/or using the Mining Services, and once the MYTE Tokens are delivered, using MYTE Tokens on the Platform. BY ACQUIRING MYTE TOKENS OR USING THE MINING SERVICES, THE USER EXPRESSLY ACKNOWLEDGES AND ASSUMES THESE RISKS.
- 8.The User represents and warrants that he or she has sufficient knowledge, understanding, and experience, in financial and business matters, and of the functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptographic tokens, token wallets and other token storage mechanisms, public and private key management, blockchain technology, and blockchain-based software systems, to understand these Terms, and such knowledge, understanding, and experience enables me to evaluate the merits and risks of acquiring the MYTE Tokens or using the Mining Services.
- 9.The User represents and warrants that he or she is not acquiring the MYTE Tokens for any other uses or purposes, including, but not limited to, any investment, speculative or other financial purposes.
- 10.The agrees on behalf of himself or herself and of his or her successors and assigns, without further consideration, to prepare, execute, acknowledge, file, record, publish and deliver any other instruments, documents and statements and to take any other actions as Dinola Studio may determine to be necessary or appropriate to comply with applicable law and to effectuate and carry out the purposes of these Terms. The User further agrees that Dinola Studio may, in its sole discretion, refuse to provide the Mining Services or enable the acquisition of MYTE Tokens if, among other things, he or she refuses to comply with this provision.
- 11.The User understands and agrees that the acquisition of MYTE Tokens or use of the Mining Services are made subject to the terms and conditions contained in these Terms, including, but not limited to, the Whitepaper describing the Platform, and that Dinola Studio shall have the right to accept or reject, in its sole discretion, the User’s purchase for any reason or no reason, in whole or in part, and at any time prior to its acceptance.
- 12.The Dinola Studio Parties and their respective officers, directors, principals, members, employees, agents, and other affiliates will be relying on the information, representations, warranties and covenants of the User in these Terms for many purposes.
- 13.The Terms shall become binding and enforceable against the User in accordance with its terms on the date, if any, that Dinola Studio accepts these Terms in whole or in part. The User understands that, upon acceptance by Dinola Studio, the User is not entitled to cancel, terminate or revoke these Terms.
- 14.The User has full legal capacity, power and authority to enter into these Terms and to perform his, her or its obligations hereunder. These Terms constitute a valid and binding obligation of the User, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity.
- 15.The User is not a U.S. Person.
- 16.The User is not physically in any Prohibited Jurisdiction.
- 17.The User is not a citizen or resident of any Prohibited Jurisdiction.
- 18.The User is not a legal person or legal arrangement incorporated, registered or organized under the laws of any Prohibited Jurisdiction, with the exception of Saint Vincent and the Grenadines.
- 19.The User will not transfer MYTE Tokens to a person who is national or resident of or located in a Prohibited Jurisdiction.
- 20.The User is permitted by the laws of his or her or its jurisdiction to purchase MYTE Tokens and/or use of the Mining Services, and he or she or it is legally permitted and capable to acquire, receive and hold MYTE Tokens and cryptographic tokens generally.
- 22.The User has had the opportunity to seek legal, accounting and other professional advice regarding these Terms.
- 23.The User understands distributed ledger technology and cryptographic tokens, and is fully aware of the risks associated with the same.
- 24.The User is experienced in and fully capable of operating, maintaining and safekeeping the digital wallet out of which he will receive the MYTE Tokens and/or use the Mining Services.
- 25.The User’s rationale for acquiring the MYTE Tokens is based solely on the expected future utility of the MYTE Tokens within the Platform, and he or she or it confirms that his or her or its acquisitions of MYTE Tokens are without expectation of profit, dividend, capital gain, financial yield, increased value on any trading market or exchange, or of any other speculative return, payment or income of any kind.
- 26.The User understands that the MYTE Tokens do not represent shares, equity or any type of ownership interest in any existing or future public or private company, corporation or other entity in any jurisdiction, and that MYTE Tokens do not represent any right to vote, manage, or share in the profits or proceeds of any entity.
- 27.The User understands that MYTE Tokens do not represent ownership of any tangible or intangible asset, are not a security of any kind, and are not redeemable by any entity.
- 28.The User understands that he or she or it is waiving any right to participate in a class action lawsuit or in a class-wide arbitration against Dinola Studio Parties.
- 29.The User understands that he or she or it has no right to any refund of the payment for the MYTE Tokens.
- 30.The User understands that nothing in these Terms should be construed as tax, accounting or legal advice, and that he or she or it bears the sole responsibility to determine the tax implications of the purchase, ownership and use of MYTE Tokens.
- 31.The User bears responsibility to declare, bear and pay all such taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any applicable jurisdiction as a result of or in connection with the receipt, holding, use, purchase, appreciation, trading, remittance or disposal of MYTE Tokens or use of the Platform or the Mining Services.
- 32.The User further represents that he, she or it has read these Terms, understands and agrees to be bound by its terms, and has been provided the opportunity to ask Dinola Studio questions, and where applicable, has received answers from Dinola Studio, regarding these Terms.
8. ANTI-MONEY LAUNDERING, ECONOMIC SANCTIONS, ANTI-BRIBERY AND ANTI-BOYCOTT REPRESENTATIONS
- 1.Neither the User, nor any of its affiliates or direct or indirect beneficial owners, (i) appears on the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”) or any other sanctions or embargoes list from any jurisdiction, nor are they otherwise a party with which Dinola Studio Parties are prohibited to deal under the law, (ii) is a person identified as a terrorist organization on any other relevant lists maintained by governmental authorities, or (iii) unless otherwise disclosed in writing to Dinola Studio prior to the User’s purchase of NFTs, is a senior foreign political figure,(2) or any immediate family member(3) or close associate(4) of a senior foreign political figure as those terms are defined in the footnotes below.
- 2.The User represents, warrants and agrees that no payment or other transfer of value to Dinola Studio and no payment or other transfer of value to the User shall cause the Dinola Studio Parties to be in violation of applicable laws or regulations, including, without limitation, anti-money laundering, economic sanctions, anti-bribery or anti-boycott laws or regulations of any jurisdiction.
- 3.The User represents, warrants and agrees that no payment or other transfer of value to Dinola Studio is or will be derived from a Prohibited Jurisdiction.
- 4.The User represents, warrants and agrees that all payments or other transfer of value to Dinola Studio by the User will be made through an account (or virtual currency public address whose associated balance, either directly or indirectly, has been funded by such an account) located in a jurisdiction that is not subject to international sanctions or embargoes.
- 5.The User understands and agrees that Dinola Studio may not be obligated to comply with any of the Saint Vincent and the Grenadines anti-money laundering requirements, but may choose to voluntarily comply with any or all of such requirements at the sole discretion of Dinola Studio and the Dinola Studio Parties.
9. DINOLA STUDIOS RIGHTS
- 1.Dinola Studio reserves the right to revise and amend these Terms at its absolute discretion at any point of time, and such revision or amendment shall be binding for all Users without exception;
- 2.Dinola Studio reserves the right to reject any User at its absolute discretion at any point for the acquisition of MYTE Tokens or the provision of Mining Services;
- 3.Dinola Studio reserves the right to waive or not enforce one or more provisions of these Terms as to any User;
- 4.Dinola Studio reserves the right to sell MYTE Tokens at different prices, and other terms and conditions, as it may determine in its absolute discretion.
10. NO DINOLA STUDIO WARRANTIES OR REPRESENTATIONS; DISCLAIMER OF LIABILITY
The Dinola Studio Parties do not make any representation or warranty with respect to the Mining Services or to MYTE Tokens. The Mining Services and the MYTE Tokens are provided on an "as is" and "as available" basis, without warranty, including but not limited to any warranty of merchantability, any warranty of fitness for a particular purpose, or any warranty regarding their value, technical specifications, performance or function.
Further, the Dinola Studio Parties hereby expressly disclaims responsibility for, and shall in no case be liable for any damage, loss, penalty, cost or expense, whether direct, indirect, incidental, consequential, special, punitive, exemplary or economic (and whether or not caused by negligence) which arises in tort, contract or otherwise, to the fullest extent allowed by applicable law, to any person or entity in connection with:
- 1.any person's purchase of MYTE Tokens or use of the Mining Services in violation of any anti-money laundering, counter-terrorism financing or other regulatory requirements that are imposed in any jurisdiction;
- 2.any person's acquisition of MYTE Tokens or use of the Mining Services in violation of or contravention to any representation, warranty, obligation, covenant or other provision of these Terms;
- 3.the exercise of any right by Dinola Studio under these Terms;
- 4.unauthorized data interception, interruption, transmission blackout, or delays (due to data volume, server error or otherwise) during the provision of the Mining Services or the sale of MYTE Tokens;
- 5.a delay in transmitting the MYTE Tokens after the completion of a purchase;
- 6.a delay in development of Pepper Attack Platform, a failure to meet any anticipated milestones for the Pepper Attack Platform, or a failure to timely disclose any information relating to the development of the Pepper Attack Platform;
- 7.any error, bug, flaw, defect or otherwise of the source code of Pepper Attack Platform or in related code;
- 8.any application, program, service or NFT created on, operated on or connected to Pepper Attack Platform;
- 9.any malfunction, breakdown, collapse, or delay caused by the blockchain or by software of the Website, Platform or Mining Services;
- 10.the loss, theft or perceived poor utilization of the proceeds raised through a sale of MYTE Tokens;
- 11.any loss of MYTE Tokens due a failure to (a) safeguard a digital wallet, including the loss, destruction, theft or accidental disclosure of a private Dinola Studio, or (b) not utilizing proper type or kind of digital wallet as described herein, including improperly utilizing a wallet or account from a cryptocurrency exchange;
- 12.any default, breach, infringement, breakdown, collapse, service suspension or interruption, fraud, mishandling, misconduct, malpractice, negligence, bankruptcy, insolvency, dissolution or winding-up of any third party funding portal, wallet or exchange service handling MYTE Tokens;
- 13.any difference, conflict or contradiction between these Terms and any information provided on any third party funding portal;
- 14.listing or delisting of MYTE Tokens on or from any cryptocurrency exchange or market, or the trading of MYTE Tokens on the same;
- 15.MYTE Tokens being classified or treated by any government, quasi-government, authority or public body as a kind of currency, securities, commercial paper, negotiable instrument, investment or other classification that may be banned, regulated or subject to legal restrictions;
- 16.the Mining Services being classified or treated by any government, quasi-government, authority or public body as a regulated activity.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Dinola Studio, the Affiliated Entities and the Dinola Studio Parties from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys' fees) that arise from or relate to: (1) your responsibilities or obligations under these Terms, or (2) your violation of any of the provisions in these Termst.
The Dinola Studio Parties reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.
12. LIMITATION OF LIABILITY; RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DINOLA STUDIO OR ANY OF THE OTHER DINOLA STUDIO PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS, OR DAMAGES FOR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE MINING SERVICES OR ACQUISITION OF MYTE TOKENS OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION HEREIN, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE MINING SERVICES, MYTE TOKENS, OR ANY APPLICATION, PRODUCTS OR SERVICES ACCESSED ON THE WEBSITE OR PLATFORM EXCEED THE GREATER OF $100 .
EACH USER AGREES THAT THEY WILL NOT COMMENCE, OR ATTEMPT OR THREATEN TO COMMENCE, ANY PROCEEDINGS, ACTION OR CLAIM (INCLUDING ANY CLAIM FOR COMPENSATION OR COSTS) AGAINST DINOLA STUDIO OR ANY OF THE DINOLA STUDIO PARTIES IN ANY JURISDICTION FOR THE RECOVERY OF ANY LOSS, DAMAGE, COST OR EXPENSE, OR IN RELATION TO ANY LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACQUISITION OF MYTE TOKENS, MINING SERVICES OR THE PLATFORM.
13. NO WAIVER
From time to time, Dinola Studio may fail to require or strictly enforce compliance with relation to any provision in these Terms. Dinola Studio may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of Dinola Studio's right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by Dinola Studio of any condition, provision, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.
If any portion of these Terms is held to be illegal, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion shall be severed, and such illegality, unenforceability or invalidity shall not affect the legality, enforceability or validity of the rest of these Terms in that jurisdiction, nor the legality, enforceability or validity of these Terms in any other jurisdiction.
15. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Saint Vincent and the Grenadines. Any present or future law which operates to vary the obligations of the Dinola Studio Parties in connection with these Terms with the result that Dinola Studio’s or Dinola Studio Parties’ rights, powers or remedies are adversely affected (including by way of delay or postponement) is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
You agree to submit any Dispute (as defined below) to arbitration in accordance with the terms of Section 16 below. To the extent that the agreement to arbitrate is ineffective or void, you agree to submit to the exclusive jurisdiction of the courts of Saint Vincent and the Grenadines.
16. SUBMISSION TO ARBITRATION
Any dispute, claim, suit, action, cause of action, demand, or proceeding arising out of or related to these Terms and any terms announced on the Website (including with respect of their validity, existence, or termination), any action or transaction under or contemplated by these Terms, including receiving, using, holding, or transferring MYTE Tokens or the use of the Mining Services, (any "Dispute") that is not settled by you and Dinola Studio within 30 days from the date that either party notifies the other party in writing of the Dispute shall be referred to and finally settled by arbitration.
Notwithstanding any other provision of these Terms, you agree that Dinola Studio has the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
To the fullest extent permitted by law, you irrevocably and unconditionally waive, with respect to yourself and any of your revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from: suit; jurisdiction of any court; relief by way of injunction or order for specific performance or recovery of property; attachment of assets (whether before or after judgment); and execution or enforcement of any judgment to which you or your revenues or assets might otherwise be entitled in any proceedings in the courts of any jurisdiction (and you irrevocably agree, to the fullest extent permitted by applicable law, that you will not claim any immunity in any such proceedings).
17. WAIVER OF CLASS ACTION RIGHTS AND CLASS WIDE ARBITRATION
You agree that any Dispute is personal to you and Dinola Studio and will not be brought as a representative action, class action, or any other type of representative proceeding in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective Disputes on a consolidated or representative basis.
18. FURTHER STEPS
Each User agrees to do anything (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed), which Dinola Studio asks and considers necessary to:
- 1.bind the User and any other person intended to be bound in connection with any provision in these Terms;
- 2.confirm whether the User is complying with applicable law and these Terms;
- 3.comply with its legal, regulatory and governance requirements.
19. NO THIRD PARTY BENEFICIARIES
These Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
THE USER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING TERMS AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.
Last modified 10mo ago