The use of this website, images, content, products and NFTs found on this website created and developed by Dooggies (hereinafter referred to as “Dooggies” or the "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 content on this website (hereinafter collectively referred to as "Website") and any digital artworks and collectibles provided by the Company on this Website and other marketplaces (herein referred to as “Dooggies NFTs or "NFTs").
The parties 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 NFTs on it, available to users. 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.
Your purchase of, acquisition of, and/or ownership of, NFTs by the Company constitutes your full and unconditional agreement to these Terms. We may update these Terms by providing a new version online and your continued use of the NFTs and Website after any such update constitutes your binding acceptance of such changes. We may immediately terminate our contract with respect to you and your access to the Website if you fail to comply with any of these Terms.
Dooggies NFTs is a collection of digital artworks that are a non-fungible token, non-interchangeable unit of data stored on the blockchain. Users are entirely responsible for the safety and management of their own private wallets and validating all transactions and contracts generated by this Website before approval. Furthermore, as the Dooggies smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
You must be at least 18 (eighteen) years of age to use this Website or any NFTs contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
The Dooggies NFTs collection is built on the Ethereum blockchain. When you purchase an NFT, we transfer you the ownership of the underlying NFT completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any NFTs.
Subject to your continued compliance with these Terms, we grant you an unlimited, worldwide license to use, copy, and display the purchased NFT for the purpose of creating works based upon the art (“Commercial Use”). For example, you can use the NFT art to make and sell merchandise. We will not restrict you from (i) owning or operating a marketplace that permits the use and sale of NFTs, if the marketplace securely verifies each NFT owner's rights to display the art; (ii) owning or operating a third-party website or application that permits the inclusion, involvement, or participation of Dooggies generally, if the third-party website or application securely verifies each NFT owner's rights to display the art, and if the art is no longer visible once the owner of the purchased NFT leaves the website/application; or (iii) earning revenue from any of these. The Company retains full commercial rights to all the NFTs in the collection for purposes such as, but not limited to branding, content creation, marketing and merchandising purposes.
Other than the rights and licensed to the particular NFT in Section 4, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Dooggies, including, without limitation to, Dooggies and the associated logos ("Company IP"). All of these rights are expressly reserved in the name of Dooggies. You agree that the Company owns all rights, title, and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, product marks or Uniform Resource Locators (URLs), without express written permission from the Company.
You agree not to use the Website or NFTs for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or NFTs in any way that could damage the Website or general business of the Company.
You further agree not to use the Website and Dooggies collection in connection with any material, which is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations and you shall indemnify and defend the Company against any claims, damages, proceedings, loss or costs arising from such use. User shall not use the Dooggies Collection in any way that could be construed as being adverse or derogatory to the image of Dooggies or any of its subjects featured in the NFTs.
If you elect to purchase an NFT from our collection, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. 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 or any other transactions that you conduct via the Ethereum network.
Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
You agree to indemnify, defend and hold harmless the Company and any of its affiliates (if applicable) against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or NFTs, Your breach of this Agreement, or Your conduct or actions.
The Company may occasionally post links to third-party websites or other products. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party products linked to Our Website.
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire agreement between you and Dooggies with respect to the NFTs. The failure of Dooggies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of these Terms remain in full force and effect.
Once you purchase and own any NFT, you are responsible for any loss or damage to, or loss of access to, the NFT, and neither the Company nor any of its licensors shall have any liability in such circumstances, regardless of cause. You expressly understand and agree that your use of the Website and any NFTs is at your sole risk and that the Website and NFTs are provided “as is” and “as available.”
You agree that Your use of the Website and NFTs is at Your sole and exclusive risk and that any services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or NFTs will meet Your needs. The Company also makes no warranties as to the reliability or accuracy of any information on the Website. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or NFTs is Your sole responsibility and that the Company is not liable for any such damage or loss.
a) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or NFTs, You agree that the laws from the Company's headquarters shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions.
b) GOOD FAITH RESOLUTION: 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 in good faith.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
Last Revised: April 2022