TERMS & CONDITIONS
Please read these Terms and Conditions (“Terms and Conditions”) carefully before using Muzzle Run, our App, our Website, and other related products and services (collectively known as the "Services"). It is understood that 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, then please do not use the Services.
a. Thank you for expressing your interest in our Services. Muzzle Run is an NFT Greyhound Racing application on the Polygon network.
b. Please note that these terms and conditions contain a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these terms and conditions or your use of the Services will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.
c. By accepting this Agreement, you affirm that you are a major in your jurisdiction i.e. 18 years in most countries. If you are a minor in your jurisdiction, you can use our Services only with the permission or consent of your parent or legal guardian. [th1] [SS2]
e. 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
a. 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 make yourself aware about any local laws, rules, and regulations (especially those related to gambling) that may restrict your usage of Muzzle Run
c. Muzzle Run is not 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
b. 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.
c. 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.
d. You agree to immediately notify us by sending us an email at firstname.lastname@example.org if you get to know about 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.
e. 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.
f. Orders placed for NFTs are non-refundable and cannot be cancelled for 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.
a. 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.
b. For every transaction that occurs over the App, you will be liable to pay a Gas Fee to Ethereum.
c. 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.
d. Any secondary sale of your NFT to another purchaser may entail fees and charges. You are liable to such fees and charges as those are beyond our control.
e. Each party is solely responsible for any taxation which 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 whatsoever.
5. SALE CONDITIONS
a. 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.
b. 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.
c. In the event that any payment is reversed or becomes invalid, including via either a double spend attack, recall or refund request by a payment processor, you agree to immediately return to us any NFTs which are the subject of a sale.
6. FEATURES AND CHARACTERISTICS
Our USP is a number of features which we have introduced. These features help us to stand out from our competitors and are as follows:
· 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 funds (Matic) directly into the racing contract;
· Users can withdraw funds they deposited or won anytime to their registered wallets;
· Users can use racing credits (gained by burning rabbits) to enter into races but they are not allowed to withdraw these funds.
· Breeders Mint
This allows a user to pay a fee to mint a random new NFT. It gives users a range of benefits including the ability to mint new Racers.
This feature allows a user to pay a fee to increase their Racers statistics. Statistics are increased at an even random distribution between 1 and 3. In addition training allows a user to mint a new Rabbit NFT.
This feature allows a user to enter their Racer NFTs in to a race with other users. There are free races and paid races. Free races are for statistical improvement and class placements while paid racing allows you to pay an entry fee in order to win Matic back in return. All entry fees are used for prizes. There is no fee/commission taken by the app for racing.
Users qualify for tournaments by meeting certain criteria. There is no fee for entering the tournaments. The races are randomised and they award prize money.
7. PROHIBITIONS AND RESTRICTIONS
Your use of our Services is contingent upon the following:
a. You agree to use our Services in such a way that it does not interrupt, interfere, harm, damage, destroy or limit the functionality of our Services. Such acts could include uploading, posting, emailing, sharing, sending, or transmitting any content that contains software viruses or any other computer code, files or programs.
b. You agree not to use our Services in an unauthorized manner.
c. You agree not to impersonate any person while using our Services and conduct yourself in an offensive manner.
d. 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
a. All content on our website and app is owned by Muzzle Run (or our affiliates and/or third-party licensors, where applicable). You agree that you will not use this material without our explicit authorization.
b. 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.
c. We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.
d. You agree not to download, copy, republish or transmit any audio or video content related to our Services without our prior written authorization. Please send us an email at email@example.com if you need our consent for using our materials.
e. You undertake not to do anything on this App which infringes upon someone else’s copyright, trademarks, trade secrets, and 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 by the intellectual property owner or their legal agent or representative.
f. This App may allow users to submit content to us. For example, you may be able to upload a profile picture, post comments in the community and at other places. We will retain the rights over this user generated content in order to operate, market, and promote our Services. 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 so that they are able to use this content from time to time.
g. Muzzle Run logo and our product or service marks (including Muzzle Run NFT) belong to Phenomenal[th3] [SS4] Enterprises Limited. All intellectual property, trademarks, logos, service marks used on our Services belongs to our registered company namely Phenomenal Enterprises Limited. You are prohibited from using, altering, removing or copying such material including Phenomenal Enterprises Limited’s logo, brand, or service mark.
9. SUSPENSION AND TERMINATION
We may suspend or terminate the use of our Services as a result of fraud or breach of these Terms and Conditions. Such termination or suspension may be immediate and without notice. If you want to appeal such suspension or termination, you can write to us here: firstname.lastname@example.org
10. LINKS TO OTHER APPS AND WEBSITES
a. We may provide links to other Apps, websites or services for you to access. You agree that any access is at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those Apps, websites or services. We will not be held liable for any breach occurring due to your access to those Apps, websites or services including but not limited to: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those Apps, websites or services.
b. We will also not be responsible if there is any damage, loss, or offense caused or alleged to be caused due your access to these third-party websites, Apps, or services.
c. You must not create a link to our Services in such a way as to suggest any form of association, approval or endorsement on our part as none exists. We have the sole authority to consent to any third-party linking to our App. If you wish to establish a link to our App or enter into a commercial partnership with us, please send us an email at: email@example.com
d. If we discover that you have linked your App, website, or service to our App without taking our written authorization, we reserve the right to terminate your account and withdraw your access to the linking functionality.
11.GUARANTEE ON AVAILABILITY
a. Our ability to provide our Services to you depends upon several factors especially technical reasons, business reasons, and others. Therefore, we do not guarantee that our Services will be available at all times or in perpetuity.
b. 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 is reasonably possible in the circumstance (s) of the case.
a. 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 under it.
b. 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, in excess of any statutory warranty rights that you may have under applicable law.
14. ASSUMPTION OF RISK
You agree as follows:
a. To the extent a 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;
b. There are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet”;
c. upgrades to the Ethereum or Polygon platform, a hard fork in the Ethereum or Polygon platform, a failure or cessation of Ethereum or Polygon, or a change in how transactions are confirmed on the Ethereum or Polygon platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation your purchase of the NFT;
d. We are not responsible for any transaction between you and a third party or for any consequences of such a transaction (e.g. any costs or taxes being due with respect to such transaction), and we will not have any liability in connection with any such transaction or its consequences.
15. LIMITATION OF LIABILITY
a. Under no circumstance shall we or any of 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 such liability is under contract, tort or otherwise.
b. 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 if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, Government sanctions or orders, whether known or unknown at the time the parties enter into these Terms).
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 of the provisions of these Terms and Conditions.
18. GOVERNING LAW
This Agreement is governed by the laws of New Zealand.
19. DISPUTE RESOLUTION
a. The parties to this Agreement agree that they will attempt to settle any dispute, claim or controversy arising out of this Agreement through good faith negotiations in the spirit of mutual cooperation between all the concerned parties.
b. Any dispute, claim or controversy that cannot be resolved by the parties through good faith negotiations within thirty (30) days of the notification to the other party of the commencement of the dispute resolution procedures will upon the written request of any party hereto, be resolved by binding arbitration conducted in accordance with the rules of the New Zealand International Arbitration Centre (NZIAC) by a sole arbitrator. Such arbitrator shall be mutually agreeable to the parties to this Agreement. If the parties cannot mutually agree upon the selection of an arbitrator, the arbitrator shall be selected in accordance with the effective rules of the New Zealand International Arbitration Centre (NZIAC). Nothing contained in this Agreement shall prevent any party hereto from resorting to judicial process if injunctive or other equitable relief from a court is necessary to prevent injury to such party. The use of arbitration procedures will not be construed under the doctrine of laches, waiver or estoppel to adversely affect the rights of any party hereto to assert any claim or defence.
20. ENTIRE AGREEMENT
These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of this App, and supersedes all prior agreements and understandings with respect to the same.
If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this License Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
22. VARIATION OF AGREEMENT
We may reserve the right, at our sole discretion, to modify or replace this Agreement at any time. It is your responsibility to keep yourself updated about recent changes.
If there is a delay on our part in exercising our rights under this Agreement such delay will not constitute a waiver of that right or any other rights under this Agreement.
24. NOTICES & COMMUNICATION
a. These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.
b. These Terms and Conditions are effective from 7th January 2023. If you have any questions related to these Terms and Conditions or about this App, please contact us on: firstname.lastname@example.org
These Terms are effective and were last updated on 7th January 2023.
Phenomenal Enterprises (Business Number: 9429042295143) is located in New Zealand.
[th1]Can we not permit accounts created by users under 18 years of age
[SS2]We can permit but it has to be with the consent of parents or legal guardians. This clause is necessary from a compliance and limitation of liability point of view.
[th3]We don’t have the Trademark for this yet
[SS4]It’s fine if you don’t have trademarks yet but it is useful to add this clause to prevent any trademark infringement. In any case, this clause is about trademarks over “Muzzle Run” and not trademarks over “Phenomenal Enterprises Limited”.