Puripets Terms of Service
Last updated: 07/10/2021
THE AGREEMENT: The use of the services on this website provided by Ruby Play Net Limited (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on the website https://www.puripets.net/ and including without limitation the creation, purchase, sale, exchange, or modification of certain digital tokens; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).(hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services"). This agreement may be incorporated by reference.
The terms referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Ruby Play Net, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
d) DIgital Token: Cryptographically-secured denominations of digital currency that have a specific use.
e) The Website: Refers to www.puripets.net and all subpages therein.
f) Puripets: The intellectual property and brand associated with the Website and services that the Website may offer. This also collectively refers to the Puripets minting game, training grounds and battle arena.
g) Content: Includes the Website and any services that we may provide via The Website at our discretion.
h) Blockchain Platform: the distributed ledger system that We use to enable use of the service.
i) NFT: Non-fungible Tokens are a unique digital identifier that cannot be copied, substituted, or subdivided, that is recorded in a blockchain, and that is used to certify authenticity and ownership (as of a specific digital tokens and specific rights relating to it).
j) Diamonds: A virtual currency that exists only within the Puripets system. These have no value and no use other than within The Website. Diamonds cannot be traded, sold or exchanged outside of The Website.
RPN reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we may provide notice of such changes through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
3 License to Access and Use Our Services and Content
Subject to your acceptance of these Terms and Conditions, You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Website and Content; provided, however, that such license is subject to this Agreement and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.
4 Account Registration and Communication
a) If you wish to receive digital tokens via the website and make use of the services that the Website provides, you will need to register for an account on the service (“Account”). By creating an Account, you agree to.
i. provide accurate, current and complete Account information about yourself;
ii. maintain and promptly update from time to time as necessary your Account information;
iii. maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us; and
iv immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. We will block multiple accounts of the same user.
b) Further, you agree that you will not:
i. create another account if we’ve disabled one you had unless you have our written permission first;
ii. buy, sell, rent or lease access to your Account or username unless you have our written permission first;
iii. share your Account password with anyone; or
iv. log in or try to log in to access the Service through unauthorized third party applications or clients.
c) We may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. We may also require you to provide additional information and documents in cases where it has reasons to believe that:
i. Your Account is being used for money laundering or for any other illegal activity;
ii. You have concealed or reported false identification information and other details; or
iii. Transactions effected via your Account were effected in breach of these Terms.
In such cases, We, in our sole discretion, may pause or cancel your use of the service until such additional information and documents are reviewed by Us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, We may refuse to provide any or all services to you.
d) By creating an Account, you consent to receive electronic communications from Us. These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
f) You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile device that is suitable to connect with and use Service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or services.
g) Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Us or Our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. For example, when you click to get more details about any of the digital tokens sold through our marketplace, you will notice a third party link to the website from which such Digital tokens originated. Such website may include license terms governing the use of such Digital tokens. In the event you purchase such Digital tokens through our marketplace, you are required to comply with such terms.
h) As stated above, your participation with The Website is also subject to the rules available on How to Mint section The Website.
5 Intellectual property
a) Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Puripets logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Us or our affiliates, licensors or users, as applicable.
b) Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Us or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
c) The Puripets logo and any Puripets product or service names, logos or slogans that may appear on the Service or Service are trademarks of Us or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Puripets” or any other name, trademark or product or service name of Us or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the intellectual property of Puripets and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Puripets names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Us.
6 Purchase of Diamonds
From time to time We may offer the opportunity for certain individuals to purchase Diamonds via The Website and its associated services. We reserve the right to refuse or cancel orders for Diamonds at any time at Our sole discretion, and We may apply limits to the quantity of Diamonds You may purchase or have in Your account at any one time. We may also cancel Diamonds if We determine, at our sole discretion, that You received them in error, through fraud or deception, or in any manner not authorized by this agreement.
The purchase price for Diamonds or the purchase unit of Diamonds may change periodically without notice. Currently we offer the following method(s) of purchasing Diamonds: a) by sending an amount of the cryptocurrency ‘MATIC’ to a specified wallet address (see here for more details, MATIC is operated and enabled by ‘Polygon.technology’, a Third Party, you may be subject to additional terms and conditions).
Notwithstanding any use of the terms "purchase", "buy", "sell", "order" or the like, Diamonds you may obtain are licensed, not sold, and you do not obtain title to or any ownership interest in any Diamonds. Any purchase of Diamonds, are purchases of a limited, non-transferable, revocable license to use those Diamonds within the limits set by Us. Diamonds may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Diamonds may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Diamonds have no monetary value, and cannot be used to purchase or use products or services other than within the scope prescribed by Us. Diamonds cannot be refunded or exchanged for cash or any other tangible value. We are under no obligation to enable continued access to, or use of, your Diamonds.
We do not currently offer refunds on purchases of Diamonds.
7 NFT Minting
We currently offer the following methods of obtaining NFT’s via our system.
a) By following the rules in the “How to Mint” subpage of the Website (by creating an account with Us, playing the Puripets minting game and successfully finding certain in-game rewards), you can obtain an NFT that is transferred to the Wallet address you provide us with. Acquiring an NFT this way is not guaranteed, as success largely depends on a combination of luck and skill elements in the Minting Game.
b) By following the rules in the “Mint from the Contract” subpage of The Website (by transferring the required MATIC plus gas fees to a certain wallet address detailed in the How to Buy subpage, and successfully completing the transaction), you can obtain an NFT that is transferred to the Wallet address you provide us with. This can be enabled by use of third party services such as Polyscan.
8 Ruby Rewards
As players make use of The Services, they may be rewarded with RUBY tokens (“RUBY”), which is a crypto-token on the Binance Smart Chain blockchain. Rubies received via The Website are subject to the Ruby Play Network Terms and Conditions available at www.rubyplaynet.com.
9 Third Party Services
The Website may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under Our control. We are not responsible for any Third-Party Websites or Third-Party Applications. We provide these Third-Party Websites and Third-Party Applications only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for the conduct of your account, while accessing or using the Service. You agree that you will abide by these Terms and will not:
a) Provide false or misleading information to Us;
b) Have multiple accounts with Us;
c) Use or attempt to use another user’s Account without authorization from such user and Us;
d) Create or list counterfeit items;
e) Pose as another person or create a misleading username;
f) Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
g) Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
h) Attempt to circumvent any filtering techniques we employ, or attempt to access any feature or area of the Services that you are not authorized to access;
i)Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
j) Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
k) Bypass or ignore instructions that control all automated access to the Service;
l) Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
m) Use the Blockchain Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Blockchain Platform, or the Service;
n) Engage in deceptive or manipulative activities;
o) Engage in behaviors that have the intention or the effect of artificially increasing view counts, favorites, volume, or other metrics that We might use to sort search results;
p) Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
q) Use the Service from a country sanctioned by the government of the New Zealand; or
r) Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying tokens that are redeemable for financial instruments, tokens that give owners rights to participate in an ICO or any securities offering, or tokens that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
11 User Information and Copyright
When you use the Services, you may be asked or required to display certain information to other users of the Service. This may include game score, nicknames, and other information that you choose to provide us.
You are solely responsible for your use of the Services and for any User Information you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the User Information posted or listed via the Services.
You retain your ownership rights to any User Information you submit, post, or display using the Services.
By submitting, posting or displaying User Information on or through the Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Services or through tools or applications we provide for posting or sharing such content (collectively “User Information”) for our lawful business purposes, including to provide, promote, and improve the Services.
We do not claim that submitting, posting or displaying User Information on or through the Services gives Us any ownership or resale rights in your User Information. We're not saying we own it or will resell it. We're just saying we might show it off a bit.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Information that you submit, post or display on or through the Services. You agree that such User Information will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Us the license described above.
We reserve the right to remove content belonging to us or users without prior notice. We will take down works in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Us, and Our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, User Information or digital tokens, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user. You agree to promptly notify Us of any third party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SERVICE, CONTENT CONTAINED THEREIN, AND DIGITAL TOKENS ACQUIRED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, AND CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY DIGITAL TOKENS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF DIGITAL TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR WALLET ADDRESSES, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR DIGITAL TOKENS.
DIGITAL TOKENS ARE INTANGIBLE. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL TOKEN OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN. WE DO NOT GUARANTEE THAT WE OR ANY COMPANY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL TOKENS.
We are not responsible for losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the digital tokens. We are not responsible for losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting digital tokens including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
14 Assumption of Risk
You accept and acknowledge:
a) The prices of blockchain tokens and cryptocurrencies are extremely volatile. Fluctuations in the price of other digital tokens could materially and adversely affect the digital tokens, which may also be subject to significant price volatility. We cannot guarantee that minters of digital tokens will not lose money.
b) You are solely responsible for determining what, if any, taxes apply to your digital tokens transactions. Neither Us nor any other Company Party is responsible for determining the taxes that apply to digital tokens transactions or giveaways.
c) There are risks associated with using online blockchain-enabled services, 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 We will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the digital tokens, however caused.
d) We do not offer any tax, legal investment or professional advice of any kind. It is your responsibility to decide whether your use of our services imposes any legal obligations on You.
e) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of digital tokens.
f) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of digital tokens.
g) The Service may rely on third-party platforms to perform the Services. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
h) There are risks associated with obtaining purchasing user generated content, including but not limited to, the risk of purchasing counterfeit tokens, mislabeled tokens, tokens that are vulnerable to metadata decay, tokens on smart contracts with bugs, and tokens that may become untransferable. We reserve the right to hide collections, contracts, and tokens affected by any of these issues or by other issues. tokens you purchase may become inaccessible on The Website. Under no circumstances shall the inability to view your tokens on The Website serve as grounds for a claim against Us.
15 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, digital tokens, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF US FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF OUR NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF OUR FRAUD OR FRAUDULENT MISREPRESENTATION
16 Modifications to the Service
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue any Services at any time and without liability.
17 Dispute Resolution; Arbitration.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in New Zealand. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing New Zealand Law. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
18 Governing Law and Venue
These Terms, your access to and use of the Service and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of New Zealand, without regard to conflict of law rules or principles of New Zealand, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the courts of New Zealand
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your Account: all defined terms and Sections 1-5 and 7-19.
These Terms along with the Auction Rules constitute the entire agreement between you and Us relating to your access to and use of the Services and Content, and your participation in the Auction. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Our prior, concurrent or subsequent circumstance, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, 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.
End of Agreement