Updated : 21 October 2021
MOREOVER, SECTION 14 of THESE TERMS CONTAINS A LEGALLY BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS REGARDING RESOLVING DISPUTES.
DeepMine is a desktop and mobile project in development that runs on one or more blockchains in order to achieve a wider coverage of several audiences.
DeepMine is using WAX, EOS, with the possibility to extend on other blockchains in order to communicate with users. For users that are not using any blockchain wallet WAX is used to keep track of their in-game assets so that virtualizing blockchain account is in place. Most of operations for end user will be available at website deepmine.world (the Site), User will be able to keep track, manage items and profile via the Site. All user interaction happens via Smart Contracts that allow users to purchase, play, transfer, sell in-game assets. DeepMine is a decentralized application (The Application). Term application is a collective form of smart contracts in WAX, EOS, other blockchains and mobile, desktop game. List of supported smart contract platforms (blockchains) might be changed in future. The Application that supports several blockchains will be called (Multichain Application).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPLICATION, THE SMART CONTRACTS, OR THE SITE. THESE TERMS GOVERN YOUR USE OF THE APP, THE SMART CONTRACTS, AND THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APPLICATION, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APPLICATION, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE APP, THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APPLICATION, THE SMART CONTRACTS, OR THE SITE.
The term “You” refers to You individually or the legal entity on whose behalf DeepMine Project Services are used, as applicable.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES AND THE WEBSITE.
You are allowed to use the Website and our Services only when: You are 18 years old and have the legal competence to agree with and be bound by these Terms under the law of the country You are in, or any other relevant jurisdiction and such contracts are not prohibited by the jurisdiction concerned;
If at any time You do not meet these criteria, You must stop using the Website and our Services. We can terminate these Terms and stop providing You Services at any time without any prior notice if we have a reason to believe that You do not meet these criteria.
1. In-Game Assets.
DeepMine operates with number of entities and items (hereinafter – the “Assets”).
A. In-Game Assets are two sided items that can be owned by user as NFT(Non Fungible Token) and NTT (Non Transferable Token)
B. DME (DeepMine Energy crypto token), DMP (DeepMine Power crypto token). The term crypto token refers to a special virtual currency token or how cryptocurrencies are denominated. These tokens represent fungible and tradable assets or utilities that reside on their own blockchains. Blockchain is a system in which a record of transactions made and cryptocurrency (crypto tokens) are maintained across several computers that are linked in a peer-to-peer network.
2. The Application
A. Initially the Application is available as a site and smart contracts. After the Early Access version that is planned in Q2 2022, the application will be available as Desktop(MacOS and Windows application), Android application and IOS(Iphone) application.
B. User can communicate with the Application via the Site by creating and managing game assets and managing user details, as well as Smart Contracts.
C. User must install Google Chrome and use preferable extension as wallet in order to communicate with the Application and the Smart Contracts and the Site. Due to the nature of Multichain Application user is able to choose one of several wallets (WAX Cloud Wallet,Anchor Wallet, etc.) that can interact with the Site. Additionally user can use practically any other wallet or even exchange to make purchase via the Site.
D. Transactions of all supported Blokchains will be visible in appropriate blockchains, betweed user’s wallet(account) and the Smart Contracts. State and History of all transactions (of-chain and on-chain) will be stored into WAX(wax.io) blockchain. State is everything that user owns and properties user has in the Application.
E. Referral earnings from those that made payments via cryptocurrency will be counted to the cryptocurrency, payments in which has been made and proposed to withdraw with such cryptocurrency.
F. Off-chain transactions are those that are made via credit cards, PayPal and other traditional payment methods.
G. We neither own nor control WAX Cloud Wallet, Anchor Wallet, Coinbase, Google Chrome, WAX, EOS, other networks(blockchain), crypto wallets, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
H. You must provide accurate and complete registration information when you create an account for the App. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your WAX Cloud Wallet, Anchor Wallet (and other blockchain wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at [email protected]
3. Fees, Payments and Transactions
A. If you elect to purchase, trade, or interact with any entities and items on the App, or with or from other users via the App, any financial transactions that you engage in will be conducted solely through the supported blockchain network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App, or using the Smart Contracts, or any other transactions that you conduct via the blockchain network or wallet.
B. Some of networks requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the relevant network. The Gas Fee funds the network of computers that run the decentralized network. This means that you will need to pay a fee for each transaction that occurs via the App.
C. Due to the fact that the blockchain asset market is extremely volatile and fluctuations in the price of other digital assets could materially and adversely affect the value of your DeepMine assets, which may also be subject to significant price volatility.
D. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or acquisition of your DeepMine assets). Except for income taxes levied on DeepMine, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
4. Ownership; Restrictions
A. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the App, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the App (collectively, the “DeepMine Materials”) are owned by DeepMine, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All DeepMine Materials are the copyrighted property of DeepMine or its licensors, and all trademarks, service marks, and trade names contained in the DeepMine are proprietary to DeepMine or its licensors. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the App. We reserve all rights in and to the DeepMine Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your “purchase” of any DeepMine asset, whether via the App or otherwise, does not give you any rights or licenses in or to the DeepMine Materials (including, without limitation, our copyright in and to the art and drawings associated with DeepMine assets) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the DeepMine Materials (including, without limitation, our copyright in and to the art and drawings associated with that any DeepMine asset) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.
B. You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the App (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
C. You agree that you are responsible for your own conduct while accessing or using the App, and for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the App any content that infringes the intellectual proprietary rights of any party; (v) use the App to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the App; (viii) exploit the App for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the App; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (xi) reformat or frame any portion of the App; (xii) display any content on the App that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the App for the purpose of creating a product or service that is competitive with any of our products or services.
You may terminate these Terms at any time by cancelling your account on the App and discontinuing your access to and use of the App. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the App. You agree that any suspension or termination of your access to the App may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the App due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the App or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2.C and 3 through 16 will survive the termination or expiration of these Terms for any reason.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF SUPPORTED NETWORK(WAX,EOS, OTHER NETWORKS) OR THE BLOCKCHAIN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, SUPPORTED NETWORKS, OR THE METAMASK ELECTRONIC WALLET.
D. DeepMine ASSETS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE SUPPORTED NETWORKS ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
E. DeepMine IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BLOCKCHAIN NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
7. Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
D. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT RESIDE IN REGION THAT EXPLICITLY BANS THE USE OF LOOT BOXES IN GAMES IN ACCORDANCE WITH GAMBLING LAWS.
E. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
8. Assumption of Risk
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your DeepMine assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of DeepMine will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your DeepMine - related transactions. DeepMine is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.
C. The App does not store, send, or receive DeepMine assets. This is because DeepMine exists only by virtue of the ownership record maintained on the App’s supporting blockchains. Any transfer of DeepMine assets occur within the supporting blockchain in the supported network, and not on the App.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that DeepMine will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using supported network, however caused.
E. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the DeepMine ecosystem, and therefore the potential utility or value of Assets.
You agree to hold harmless and indemnify DeepMine and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the App, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that DeepMine will have control of the defense or settlement of any such claims.
10. External Sites
The App may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
11. Changes to the App
We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the App and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the App.
You affirm that you are over the age of 13, as the App is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
14. Dispute Resolution; Arbitration
READ THIS SECTION CAREFULLY AS YOU AND DeepMine PROJECT ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT BEFORE A JUDGE OR JURY. YOU AND DeepMine PROJECT AGREE TO NOTIFY EACH OTHER IN WRITING OF ANY DISPUTE WITHIN 15 DAYS FROM THE DATE THE REASON FOR THE DISPUTE ARE KNOWN. YOUR NOTICE SHALL BE SENT TO [email protected]
Please read this Section 14 carefully. It requires you to arbitrate disputes with DeepMine, and limits the manner in which you can seek relief from us. All disputes arising out of or in connection with these Terms, including without limitation your access or use of the App, the Site, or the Smart Contracts, or to any products sold or distributed through the App, the Site, or the Smart Contracts, will be referred to and finally resolved by arbitration under the rules of the British Virgin Islands.
Any and all claims, disputes or controversies arising from or related to this Agreement, whether existing at or arising herein, shall be submitted to binding arbitration under the British Virgin Islands. Absent a written agreement signed by all parties hereto amending, waiving or modifying the rules for British Virgin Islands arbitrations adopted by the British Virgin Islands and the British Virgin Islands courts (the “Arbitration Rules”), the British Virgin Islands and the Arbitration Rules shall govern all aspects of the arbitration. In no event shall class arbitration be permitted, and the arbitrator shall have no authority to conduct any class arbitration. The parties knowingly and voluntarily consent to the waiver of any rights resulting from this Arbitration Provision or application of the British Virgin Islands or the Arbitration Rules. The parties agree that arbitration shall be the sole and exclusive forum for resolving disputes subject to this Arbitration Provision. In the event a party initiates litigation in violation of this Arbitration Provision, such action shall be subject to dismissal, with the reasonable fees and expenses of the non-initiating party or parties paid by the party or parties that initiated the action. Nothing in this Arbitration Provision shall limit the right of a party to seek an order from a court of competent jurisdiction (a) dismissing litigation brought in violation of this Arbitration Provision or (b) compelling a party to arbitrate in accordance with this Arbitration Provision. The parties stipulate and agree that a violation of this Arbitration Provision shall constitute irreparable harm and that, on proof of a breach, the party seeking relief from such violation shall be entitled to equitable relief including, but not limited to, an injunction or specific performance.
Notwithstanding the foregoing, DeepMine may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by DeepMine through injunctive relief and other equitable remedies without proof of monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE APP, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE APP, THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
Due to the irrevocable nature of the blockchain, and our lack of control over user assets, we are unable to offer refunds on any purchases. Due to the nature of assets and control, user will be able to sell them at any secondary market.
16. DeepMine representations.
The DeepMine hereunder in the name of DeepMine Project undertakes that in the near future for the purpose of the Project implementation and the respective development of DeepMine Project, the legal entity to support the Project may be incorporated in the jurisdiction appropriate for doing business for DeepMine Project in a most compliant and efficient way. All the relevant Intellectual Property Rights of the Project, as well as all the financials, shall be transferred in possession of the respective legal entity which should be duly organized, validly existing, and in good standing under the laws of its jurisdiction of incorporation, and has the power and authority to own, lease, and operate its properties and carry on its business as now conducted.
17. General These
Terms constitute the entire legal agreement between you and DeepMine, govern your access to and use of the App, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the App, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the British Virgin Islands without regard to principles of conflict of laws, regardless of whether British Virgin Islands law governs the parties’ other rights, remedies, liabilities, powers and duties applicable therein. Subject to Section 14, any legal action or proceeding arising under these Terms will be brought exclusively to the British Virgin Islands rules, and the parties irrevocably consent to the personal jurisdiction and venue there. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the App. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
A. Electronic Communications. Communications between You and DeepMine uses electronic means, whether made via the Website or Services or sent via email, or whether Website posts notices on the Website or Services. You consent to receive communications from DeepMine in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that DeepMine provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
B. Severability. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
C. Amendments. DeepMine reserves the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to the Terms, we will provide You with notice of such changes via appropriate means of communication and in a timely manner. The amended Terms will be deemed effective immediately upon posting for any new User of our Website and Services. In all other cases, the amended Terms will become effective for a pre existing User upon the earlier of either (a) the date the User accepts the amended Terms or (ii) continued use of DeepMine Website or Services 30 days after the notice was provided. If You do not agree to the amended Terms, You must discontinue using our Website and Services.
NES Digital Solutions Ltd. BC No: 2071775
First Floor, Mandar House, Johnson’s
Ghut, P.O. Box 3257, Road Town, Tortola, British Virgin Islands
Raphael Maxwell Racombo
Business E-Mail: [email protected]