TERMS & CONDITIONS

Please read these Terms and Conditions ("Terms and Conditions") carefully to continue using Muzzle Run, our App, our Website, and other related products and services (collectively known as the "Services"). Muzzle Run is owned and operated by Phenomenal Enterprises Limited. Your access to the Services is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use our Services. By using our Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, please do not use the Services.

1. GENERAL

1. Muzzle Run is an NFT Greyhound Racing application on the Polygon network.
2. Dispute Resolution: Any disputes relating to these terms and conditions or your use of the Services will be governed by the dispute resolution clause outlined in these terms and conditions. By accepting this Agreement, you waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.
3. Age Requirement: By accepting these terms and conditions, you affirm that you are of legal age in your jurisdiction (typically 18 years in most countries).
4. Privacy Policy: By agreeing to these terms and conditions, you also agree to the processing and storage of your personal information in accordance with our Privacy Policy. In case of any inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail.
5. Your Representations: By visiting our website, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) Your use of the Service does not violate any rules, laws, or regulations; (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information.

2. APPLICABLE TERMS

1. Users can use this Service subject to these Terms and Conditions, our Privacy Policies, and other local laws, rules, and regulations. It is your responsibility to familiarize yourself with any local laws, rules, and regulations (especially those related to gambling) that may restrict your usage of Muzzle Run.
2. Legal Documents: These Terms and Conditions, the NFT License Agreement, and the Privacy Policy constitute the entire legal agreement between us. In case of any inconsistency between the Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail. In case of any inconsistency between these Terms and Conditions and the NFT License Agreement, the NFT License Agreement shall prevail.
3. Availability: Muzzle Run may not be available in every region. We reserve the right to restrict or block access to our services based on the user's location.

3. REGISTRATION AND SUBSCRIPTIONS

1. Accessing Muzzle Run: It is recommended that you access Muzzle Run through a browser compatible with the MetaMask extension or other Ethereum-compatible browsers. There is no other way to sign up as a user of Muzzle Run or to interact directly with Muzzle Run other than via MetaMask. It is your responsibility to familiarize yourself with the terms and conditions and the privacy policy of MetaMask.
2. Accurate Information: You agree to provide us with accurate and true information about yourself. We reserve the right to suspend or cancel your account if we find that you have provided inaccurate information.
3. Account Security: You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. We will not be held responsible if someone other than you uses or misappropriates your credentials to log into your Muzzle Run account.
4. Unauthorized Use: You agree to immediately notify us by sending an email to comms@muzzle.run if you become aware of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
5. Account Transfer: Muzzle Run accounts are not transferable, and therefore you agree not to sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.
6. NFT Orders: Orders placed for NFTs are non-refundable and cannot be canceled for a change of mind. The full price must be paid at the time of purchase and may require that you connect or provide a digital wallet for delivery of the NFT at the time of sale.

4. FEES

1. Financial Transactions: All financial transactions related to Muzzle Run will be conducted solely through the Polygon network via MetaMask. We are not liable to pay you or any third party if the financial transaction over Polygon is not successful. We do not have the ability to reverse any transactions over Polygon.
2. Gas Fee: For every transaction that occurs over the App, you will be liable to pay a Gas Fee to Ethereum.
3. Commission: In addition to the Gas Fee, you may have to pay a commission to us when you utilize a Smart Contract to conduct a transaction with another user via Muzzle Run. We collect a commission only for certain events, such as purchasing, selling, training, breeding, or racing a greyhound using our smart contracts. You acknowledge and agree that the Commission will be transferred directly to us through the Polygon network as part of the payment.
4. Secondary Sale Fees: Any secondary sale of your NFT to another purchaser may entail fees and charges. You are liable for such fees and charges as they are beyond our control.
5. Taxation: Each party is solely responsible for any taxation that arises as a result of dealing in the NFTs, including capital gains or income tax. Under no circumstance shall any party have a claim for any loss against the other in respect of any taxation amounts. We are not liable to pay taxes on behalf of any party.

5. SALE CONDITIONS

1. Payment Obligation: You are obligated to make payment in full in any nominated digital currency or via any other nominated payment method as a pre-condition to any purchase of an NFT.
2. Transfer of NFTs: In the case of a primary sale, we will have no obligation to transfer any NFT to you until we have received the purchase price in full for any NFT. If you make payment to our digital wallet, you must ensure your transfer is made to the correct wallet address.
3. Reversed or Invalid Payments: In the event that any payment is reversed or becomes invalid, including via a double spend attack, recall, or refund request by a payment processor, you agree to immediately return to us any NFTs that are the subject of a sale.

6. FEATURES AND CHARACTERISTICS

Muzzle Run offers several features that differentiate it from competitors, including:

• Racing Funds: User funds (known as Racing Funds) are held in a racing contract. These funds are used to pay entry fees to races and pay out winnings. Users can deposit and withdraw funds from the racing contract, but racing credits cannot be withdrawn.
• Breeders Mint: This feature allows users to pay a fee to mint a random new NFT, including new Racers.
• Train: This feature allows users to pay a fee to increase their Racers' statistics and mint a new Rabbit NFT.
• Racing: Users can enter their Racer NFTs into races with other users, participating in free races for statistical improvement and paid races for the chance to win Matic.
• Tournaments: Users can qualify for tournaments based on certain criteria, participating in randomized races that award prize money.
• Affiliates: Users can earn 33% commission for life by referring others to the game, with affiliate tracking on the blockchain.

For a full list of the latest features please view the Muzzle Run guide.

7. PROHIBITIONS AND RESTRICTIONS

Your use of our Services is subject to the following:

• Use in Good Faith: By using Muzzle Run and accessing our Services, you agree to use them in good faith and in accordance with their intended purpose as described in the provided documentation and instructions.
• b. Bypassing Features: You acknowledge and agree not to engage in any activity that intentionally circumvents or bypasses the features, restrictions, or safeguards of Muzzle Run and its Services. This includes but is not limited to any attempts to gain unauthorized access, exploit vulnerabilities, or manipulate the functionalities of Muzzle Run in a way thatis inconsistent with their intended design and purpose.
• c. Collusion Prevention: Users of Muzzle Run acknowledge and agree to refrain from engaging in any form of collusion, including but not limited to collaborating or conspiring with other users to manipulate or influence the outcome of races on the platform. Collusion includes, but is not limited to, coordinating efforts to control the performance, speed, or outcome of participating NFT Greyhounds through unauthorized means or unfair practices
• Offensive Conduct: You agree not to impersonate any person while using our Services and to conduct yourself in a respectful and non-offensive manner.
• d. Termination and Non-Utilization of NFTs: In the event of any breach or violation of these Terms and Conditions, or if we have reasonable grounds to suspect that you have engaged in any prohibited activity, we reserve the right to terminate your account and associated accounts, without prior notice or liability. Additionally, we may take any other action that we deem fit and appropriate, including but not limited to preventing the utilization of any NFTs owned or controlled by you within Muzzle Run and its Services.
• e. Non-Waiver of Rights: The exercise of our right to terminate an account, prevent NFT utilization, or take any other action shall not be construed as a waiver of any other rights or remedies available to us under these Terms and Conditions or applicable law.
• Prohibited Activities: You agree not to use our Services for any illegal purposes, including but not limited to unlawful, harassing, libelous, invasion of another's privacy, abusive, threatening, or obscene purposes.

8. INTELLECTUAL PROPERTY RIGHTS

1. Ownership: All content on our website and app is owned by Muzzle Run, Phenomenal Enterprises Limited, or our affiliates and third-party licensors, where applicable. You agree not to use this material without our explicit authorization.
2. NFT License Agreement: The terms and conditions pertaining to your use of the Muzzle Run NFT are stated in our NFT License Agreement. Please read this agreement carefully before buying and using the Muzzle Run NFT.
3. Removal of Content: We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account if necessary.
4. Use of Audio/Video Content: You agree not to download, copy, republish, or transmit any audio or video content related to our Services without our prior written authorization. Please contact us at comms@muzzle.run if you need our consent to use our materials.
5. Respect for Intellectual Property: You undertake not to infringe upon someone else's copyright, trademarks, trade secrets, or proprietary information without their written authorization. We reserve the right to remove any infringing material posted by you if we are notified of any infringement.
6. User-Generated Content: This App may allow users to submit content to us. By doing so, you grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license to use, copy, distribute, publicly perform, publicly display, print, publish, republish, modify, translate, and create derivative works of such user-generated content. This license also grants us the right to sublicense the user-generated content to other users.

9. SUSPENSION AND TERMINATION

We may suspend or terminate your use of our Services as a result of fraud, breach of these Terms and Conditions, or any other reasonable cause. Such suspension or termination may be immediate and without notice. If you wish to appeal such suspension or termination, please contact us at comms@muzzle.run.

10. LINKS TO OTHER APPS AND WEBSITES

1. Third-Party Links: We may provide links to other apps, websites, or services for informational purposes. We do not review or endorse those apps, websites, or services, and we will not be held liable for any breaches or damages resulting from your access to or use of them.
2. Limitation of Liability: We will not be responsible for any damage, loss, or offense caused or alleged to be caused by your access to or use of third-party websites, apps, or services.
3. Linking to Our App: You must not create a link to our Services in a manner suggesting any form of association, approval, or endorsement on our part. Any third-party linking to our App must obtain our written authorization.
4. Unauthorized Linking: If we discover that you have linked your app, website, or service to our App without our authorization, we reserve the right to terminate your account and withdraw your access to the linking functionality.

11. GUARANTEE ON AVAILABILITY

1. Service Availability: Our ability to provide our Services depends on various factors, including technical reasons and business considerations. Therefore, we do not guarantee that our Services will be available at all times or without interruptions.
2. Service Maintenance: Your access to the Services may be occasionally restricted to allow for updates, maintenance, or the introduction of new features or services. We will restore our Services as soon as reasonably possible.

12. ASSIGNMENT

1. Transfer of Rights: We may transfer our rights and obligations under these Terms and Conditions to any company, firm, or person at any time, provided it does not materially affect your rights.
2. Non-Transferability: You may not transfer your rights or obligations under these Terms and Conditions to anyone else, as they are personal to you.

13. DISCLAIMER OF WARRANTIES

You accept the purchased NFT(s) "as is," with no representation or warranty of any kind, express or implied, except as may be required by applicable law.

14. ASSUMPTION OF RISK

1. Volatility of Blockchain Assets: You acknowledge that if there is a price or market for a blockchain asset, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own.
2. Risks of Internet-Native Assets: There are risks associated with using Internet-native assets, such as non-fungible tokens (NFTs) and cryptocurrencies, including hardware, software, and Internet connection failures, the risk of malicious software, and the risk of unauthorized access to your digital wallet.
3. Platform Changes: Upgrades, hard forks, or failures of the Ethereum or Polygon platform may have unintended effects on blockchains, including your NFT purchase.
4. Third-Party Transactions: We are not responsible for any transactions between you and a third party or for any consequences of such transactions.

15. LIMITATION OF LIABILITY

1. No Liability: Under no circumstance shall we, including our officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of the Services, whether under contract, tort, or otherwise.
2. Indirect Damages: Under no circumstance shall we, including our officers, directors, and employees, be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of the Services.

16. FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay is due to circumstances beyond our reasonable control.

17. INDEMNIFICATION

You agree to indemnify us to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any provisions of these Terms and Conditions.

18. GOVERNING LAW

These Terms and Conditions are governed by the laws of New Zealand.

19. DISPUTE RESOLUTION

1. Good Faith Negotiations: The parties agree to attempt to settle any dispute, claim, or controversy arising out of these Terms and Conditions through good faith negotiations in the spirit of mutual cooperation.
2. Arbitration: If a dispute cannot be resolved through negotiations within thirty (30) days, upon written request of any party, it shall be resolved by binding arbitration conducted in accordance with the rules of the New Zealand International Arbitration Centre (NZIAC) by a mutually agreeable arbitrator. Judicial process may be used if injunctive or equitable relief is necessary.
3. Exception to Arbitration: The use of arbitration procedures will not affect a party's right to seek injunctive or equitable relief from a court.
4. No Adverse Effect: The use of arbitration procedures will not adversely affect the rights of any party to assert any claim or defense.
5. Notice: Any notices regarding disputes or arbitration should be sent to comms@muzzle.run.

20. ENTIRE AGREEMENT

These Terms and Conditions, including any legal notices and disclaimers, constitute the entire agreement between us regarding your use of the App and supersede all prior agreements and understandings.

21. SEVERABILITY

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions.

22. VARIATION OF AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. It is your responsibility to stay updated about any changes.

23. WAIVER

Any delay on our part in exercising our rights under these Terms and Conditions shall not constitute a waiver of that right or any other rights.

24. NOTICES & COMMUNICATION

1. Changes to Terms: These Terms and Conditions are subject to change without notice. It is your responsibility to review them periodically. The recent changes can be found at the top of this policy.
2. Effective Date: These Terms and Conditions are effective from 7th January 2023.
3. Contact: If you have any questions regarding these Terms and Conditions or the App, please contact us at comms@muzzle.run.

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