DOPE PLAYER TERMS AND CONDITIONS
This agreement of terms and conditions ("Agreement") have been established by the Dope Player to govern
the Offerings (as defined below), including the rules governing the access to or use by a User (defined below) of
the Dope Player and the Offerings for accessing and making available musical content as well as a User's
purchase and transfer of any NFTs on the Dope Player. By engaging in or undertaking any of the aforementioned
activities, you will be deemed to be a User who is legally bound by this Agreement.
1.DEFINITIONS
- 1.1 "Blockchain Network " means the Ethereum, Binance Smart Chain, Flow, or any other mainnet (as
determined at the sole discretion of the Dope Player) and the consensus blockchain for such mainnet, which serves
as an open-source, blockchain-based, decentralized software platform enabling the functionality of "smart
contracts", allowing developers to build and operate decentralized applications, and allowing for the
creation and exchange of non-fungible tokens.
- 1.2 "Dope Player" means the Player run by Magnate World Corporation and on which the Offerings may be
purchased and made available for listening on the Dope Player.
- 1.3 "NFT" means a Ethereum-based non-fungible token (i) complying with the ERC-721 or other similar
"non-fungible" token standard; and (ii) created on the Melos Platform or other Blockchain Network in the
form of the said non-fungible token representing one or more pieces of musical contents made available for
listening on the Dope Player.
- 1.4 "NFT Holders" means an individual or an entity (being a User or not) that holds an NFT.
- 1.5 "Offerings" means all the functions, services or uses provided by and on or accessed via the Dope
Player.
- 1.6 "User" means an individual or an entity who is registered with the Dope Player for use of the
Offerings, including (i) listening to the music content made available on the Dope Player; (ii) purchasing and/or
transferring NFTs on the Dope Player.
2.GENERAL TERMS
- 2.1 Nature of Dope Player. The Dope Player is deployed on Blockchain Network. On the Dope Player, the Users may
access pieces of musical content to be made available for free or to be sold and transferred from the Creator and
holder directly – without Dope being involved in the transfer as party or intermediate. For the avoidance of
doubt, the Dope Player only provides a neutral technical infrastructure, technical support and operates as a
Player facilitating the access to musical contents and the purchase and transfer of NFTs, and is not involved in a
creation of (or making contribution/edits to) musical contents as a Creator or in the transfer of the creation.
- 2.2 User Responsibility. Users are responsible (i) for all matters relating to their accounts established and
maintained with the Dope Player or the blockchain accounts or addresses through which they access, use and
interact with the Dope Player and the Offerings and (ii) for all their activities carried out on or in connection
with the Dope Player and the Offerings. Users shall ensure that their names and addresses are correct and reveal
their true legal identity, as well as ensure that all uses thereof are fully compliant with relevant governing
rules of the Dope Player (including the provisions of this Agreement) and applicable laws and regulations and
shall assume the full responsibility to maintain the security of their login information, passwords or private
keys in connection with the access or the use of the Dope Player. By activating an account with the Dope Player or
accessing or using the Offerings, each User is deemed to agree to:
(a) provide accurate, current and complete information as required by the Dope Player and promptly update such
information thereafter to maintain the accuracy, correctness and completeness thereof; and
(b) irrevocably grant the Dope Player and competent authorities the right to access personal information and other
information provided in connection with such User's access and use of the Dope Player and the Offerings.
When creating your User ID and passwords, please do not use easily identifiable or predictable information such as
your birthday, telephone number or a recognizable part of your name. You must not share your account or password
with any other third party, knowingly or accidentally share, provide or make your account or passwords available
to any other third party, or otherwise enable any other third party to access or decipher your account or
passwords. Any loss or compromise of the foregoing information and/or your personal information may result in
unauthorized access to your account by third-parties and the loss or theft of any NFTs and any associated accounts
(if any). If you believe your account and passwords may have been disclosed to any third party, or is lost or
stolen or unauthorized transactions may have been conducted, you are responsible for notifying the Dope Player
immediately
- 2.3 RESPONSIBILITY OF DOPE PLAYER. ALL MUSICAL CONTENTS AND NFTS ACCESSED OR MADE AVAILABLE VIA THE DOPE PLAYER
ARE CREATED/CONTRIBUTED, TRANSFERRED AND LICENSED BY THE USERS/CREATORS. THE USERS' ACTS AND CONDUCTS ARE
THEIR OWN AND THE DOPE PLAYER HAS NO RESPONSIBILITY FOR ANY OF THE USERS' ACTS, CONDUCTS, STATEMENTS OR ANY
INCIDENTS, EVENTS OR ACTIVITIES ASSOCIATED THEREWITH OR ARISING THEREFROM. THE DOPE PLAYER HAS NO RESPONSIBILITY
FOR THE MUSICAL CONTENTS OR NFTS CREATED, TRADED OR MADE AVAILABLE BY USERS ON THE DOPE PLAYER. THE DOPE PLAYER
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, ORIGIN, OR OWNERSHIP OF ANY MUSICAL CONTENT THAT CAN BE
FOUND IN THE OFFERINGS/ON THE DOPE PLAYER. THE DOPE PLAYER DOES NOT GUARANTEE OR WARRANT THE AUTHENTICITY,
ORIGINALITY, UNIQUENESS, MARKETABILITY, LEGALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR VALUE OF ANY
MUSICAL CONTENTS OR NFTS CREATED, TRADED OR MADE AVAILABLE BY USERS. THE DOPE PLAYER SHALL NOT BE RESPONSIBLE FOR
ANY MISREPRESENTATIONS, INFRINGEMENT OR OMISSIONS IN, OF, AND ABOUT, THE MUSICAL CONTENTS OR NFTS CREATED ON THE
DOPE PLAYER, NOR FOR THE AVAILABILITY OF THE MUSICAL CONTENTS OR ANY NFTS. THE DOPE PLAYER SHALL NOT BE LIABLE FOR
ANY LOSSES, INJURIES, DAMAGES OR CLAIMS ARISING FROM OR IN CONNECTION WITH THE ACCESS, USE, DISPLAY, CONTRIBUTION,
EDITS, PURCHASE, INABILITY TO PURCHASE, OR ANY OTHER EVENTS/CIRCUMSTANCES ASSOCIATED WITH THE USE, ACCESS OR
POSSESSION OF NFTS OR THE MUSICAL CONTENTS BY ANY PERSONS (INCLUDING OTHER USERS OR THE NFT HOLDERS). THE DOPE
PLAYER DOES NOT CONTROL OR ENDORSE ANY MUSICAL CONTENT AND DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS
RESULTING FROM ANY USER'S PARTICIPATION IN OR THE CREATION, ACCESS, USE, CONTRIBUTION, EDITS, TRANSFER OR SALE
OF THE NFTS OR THE MUSICAL CONTENTS. FOR CLAIMS ARISING FROM OR BROUGHT IN CONNECTION WITH ANY MUSICAL CONTENT OR
NFTS, THE USERS OR NFT HOLDERS SHALL DIRECTLY CLAIM AGAINST THE RESPONSIBLE USER(S) AND SHALL NOT CLAIM AGAINST
THE DOPE PLAYER ON THE BASIS OF SUBROGATION.
- 2.4 Discontinue of Offerings. The Dope Player reserves the right to change or discontinue all or part of the
Offerings at any time at the sole discretion of the Dope Player.
- 2.5 User's Access to or Use of the Dope Player and Offerings. Subject to and conditioned upon the User's
acceptance of and adherence to the provisions of this Agreement, the Dope Player hereby allows each User to use
the Dope Player. For the avoidance of doubt, the Dope Player retains ownership of all rights, titles and interests
to the Dope Player (including without limitation, all patent rights, design rights, copyrights, trademarks, and
trade secrets, etc. in the technical implementation of the Player. The Dope Player reserves the right to suspend
or terminate a User's access to or use of any or all of the Offerings at any time, without or without notice,
for such User's violation of the provisions of this Agreement or any applicable laws, regulations or
ordinances. The Dope Player reserves the right to disclose any information as it deems necessary to comply with
any applicable law, regulation, proceeding or governmental request, and may edit, remove, or refuse to display or
make available any NFTs or their underlying content either in whole or in part.
- 2.6 Creation of Musical Content; Creation and Transfer of NFTs; Orders and Trades
- 2.7 Creator's Copyright Ownership in Musical Contents and NFTs. Subject to the Offerings offered and
permitted by the Dope Player, a User may (i) access musical content as a User on the Dope Player; (ii) purchase an
NFT from another user on the Dope Player; Unless otherwise agreed upon in this Agreement, the Creator reserves the
copyright ownership of the musical content created by such Creator.
- 2.8 Monitoring. The Dope Player shall have the right (but under no obligation) to monitor the Users' use and
access of the Dope Player and Offerings to examine the activities of the Users and determine compliance with
applicable law, regulation or any request made by the competent authorities. The Dope Player reserves the right to
edit, refuse to post or remove any content, information or materials submitted to or posted through the Dope
Player and Offerings at its sole discretion. The Dope Player may contain message or communication facilities,
podcast and/or live stream services designed to enable the User to communicate with the public or with
individuals, User agrees only to podcast, live stream post, send and receive messages and material that are proper
and will not violate the legal rights others; not distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful content. Dope Player reserves the right to review materials
distributed and to remove any materials in its sole discretion.
- 2.9 Privacy Policy. To access the Offerings, Users must consent to the privacy policy for Dope Player, which can
be found at Privacy Policy for the Dope Player.
3.FEES, COMMISSIONS, ROYALTIES AND OTHER CHARGES
- 3.1 Fees. Subject to the fee schedule(s) stipulated by the Dope Player (which may be amended by Dope Player from
time to time), buying or transferring NFTs may be subject to fees, commissions, royalties or other charges
("Fees") stipulated from time to time at the sole discretion of the Dope Player, considering, among
others, the services provided by any parties in connection with the Offerings on the Blockchain Network. Subject
to any adjustments and amendments that made be made by Dope Player from time to time, the Fees include: (a)
service fees payable to the Dope Player ("Service Fees"); (b) "gas" (e.g., fees paid to
Ethereum, Binance token, Polygon, or other token "miners" in ETH, BNB, MATIC, or any other blockchain
network gas token for "mining" activities).
- 3.2 Payment. Fees may be paid or payable solely in the manner determined at the sole discretion of the Dope
Player.
- 3.3 Finality; No Refunds. All payments paid for or in connection with the Offering are final. All Fees are
non-refundable except at the sole discretion of the Dope Player (for Fees within its control).
4. PROHIBITED ACTIVITIES
- 4.1 Prohibited Activities. The Users shall not:
(a)violate, breach or fail to comply with applicable laws and regulations or any provisions set forth in this
Agreement or the Dope Player's relevant rules and policies;
(b)engage in any activities that infringes any copyrights, trademarks, patents, trade secrets or other
intellectual property rights of the Dope Player or other Users;
(c)copy or reproduce the Offerings or the Dope Player in any material aspects, including but not limited to the
model, design, interface, appearance and layout, or create any derivative works of the Offerings or the Dope
Player;
(d)remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels of the
Dope Player.
(e)use the Offerings by or on behalf of a competitor of the Dope Player for the purpose of interfering with the
Offerings to obtain a competitive advantage;
(f)when using the Offerings, engage in any fraudulent or deceptive activities, including those carried out for
manipulating or influencing the market price of a NFT, such as: (i) purchase or sell (or place order(s) for
purchase or sale of ) a NFT for the creating or inducing a false or misleading appearance of activity in a NFT or
creating or inducing a false or misleading appearance; and (ii) trading a NFT at lower or higher prices for
creating or inducing a false or misleading market trends of such NFT which does not reflect the true state of the
market of such NFT.
(g)use the Offerings to buy, sell or advertise personal, professional or business services;
(h)unless otherwise permitted by the Dope Player, use the Offerings to engage in financings of a business,
enterprise, venture, decentralized autonomous organization (DAO), project, or any other fundraising activities;
(i)engage or assist in any form of hacking against or tampering with the Dope Player; and
(j)reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of the
Dope Player.
- 4.2 Account Termination or Suspension. To the extent permitted by law, the Dope Player reserves the right to
terminate or suspend a User's account, block transactions or cease any creation of or contribution to musical
contents and/or NFTs as well as purchase, sale and transfer of NFTs at any time for any reasons, including but not
limited to such User's violation of this Agreement or any applicable laws and regulations, or that the User
has used the Offerings in a way intentionally tampering with the Dope Player's operation or the rights of
other Users. Without limiting the foregoing, suspension or termination of an account shall not affect the
obligations for a User as the account owner to pay the Fees payable as of the day such User's account is
terminated or suspended.
5.THE DOPE GOVERNANCE TOKEN & PLAYER GOVERNANCE
The Dope Player may issue governance tokens or establish governance module in the future for the Dope Player's
operation and management. The Dope Player thus reserves the right to (i) revise or amend the Agreement to reflect
such introduction of governance tokens or governance module; (ii) accordingly upgrade or change the Offerings or any
other features or functions currently available to the Users; and (iii) at the Dope Player's sole discretion,
issue governance tokens and determine the allocation thereof, or establish a governance module by which the Dope
Player stipulates the voting and governance structure.
6.USER'S REPRESENTATIONS AND WARRANTIES;
INDEMINIFICATIONS
Each User hereby represents and warrants to the Dope Player that the following statements and information are
accurate and complete at all relevant times. In the event any such statement or information becomes untrue, the User
must forthwith cease using the Offerings (including creation of or contribution to musical contents and NFTs as well
as purchase, sale and transfer of NFTs) and dispose of any NFTs he/she/it holds at the instruction of the Dope
Player.
- 6.1 Power and Authority. If User is an individual, User is of legal age in the jurisdiction in which User
resides and is of sound mind. If User is a business entity, User is duly organized, validly existing and in good
standing under the laws of the jurisdiction in which it is organized and has all requisite power and authority for
a business entity of its type. The User has all requisite capacity, power and authority, license and/or consent to
accept the terms and conditions of this Agreement and to carry out and perform his/her/its obligations specified
hereunder.
- 6.2 No Conflict; Compliance with law. The User's entry into to this Agreement and creation of or
contribution to musical contents and NFTs as well as purchase, sale and transfer of NFTs does not constitute, and
would not reasonably be expected to result in a breach, default, contravention or violation of any laws or
regulations applicable to User or any obligations of the User.
- 6.3 Injunctions. No injunction, restraining order or order of any nature by any court of competent jurisdiction
or any governmental or regulatory authority has been issued with respect to User which would prevent or suspend
the User's creation of or contribution to musical contents and NFTs as well as purchase, sale and transfer of
NFTs and any other matters under this Agreement. No action, suit or proceeding is pending or threatened against or
affecting the User before any court or arbitrator or any governmental agency, body or official, either domestic or
foreign, which could reasonably be expected to interfere with or adversely affect the validity or enforceability
of this Agreement or any action taken or to be taken pursuant thereto.
- 6.4 Non-Infringement. The User owns all the rights, titles, interests and/or license in and to the content,
information or materials submitted to or posted through the Dope Player and Offerings for creating and making
contribution to the musical contents and for creating the NFTs. All such content, information or materials has
not, and will not, infringe upon or violate any patent, copyright, trade secret, or other proprietary right or
intellectual property right of any third party. In the event a claim against such infringement is brought, the
User shall promptly notify the Dope Player in writing and shall defend such claim in the Dope Player's name,
but at the User own expense, and indemnify and hold harmless the Dope Player against any loss, expense or
liability arising out of such claim, whether or not such claim is successful.
7.RISKS, DISCLAIMERS AND LIMITATIONS OF LIABILITY.
- 7.1 NO CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLESTEXTENT
PERMITTED BY LAW, EVEN IF THE DOPE PLAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, THE DOPE
PLAYER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY OTHER ENTITY OR INDIVIDUAL INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE OFFERINGS, THIS SITE, OR CONTENT SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES,
REPUTATION, PROFITS OR REVENUES, RELATED TO THE OFFERINGS (E.G. LOSSES ARISING FROM OR RELATING TO TECHNICAL
DIFFICULTIES OF THE APP, THE PLAYER, OR THE OFFERING).
- 7.2 DISCLAIMERS. THE OFFERINGS ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO
THE FULLEST EXTENT PERMITTED BY LAW, THE DOPE PLAYER IS NOT MAKING, AND HEREBY DISCLAIMS, ANY AND ALL INFORMATION,
STATEMENTS, OMISSIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, EQUITABLE, LEGAL OR
STATUTORY, IN CONNECTION WITH THE OFFERINGS AND THE OTHER MATTERS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY
REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, RELIABILITY,
SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WORKMANSHIP OR TECHNICAL QUALITY OF ANY CODE OR SOFTWARE USED
IN OR RELATING TO THE OFFERINGS. THE USER ACKNOWLEDGES AND AGREES THAT USE OF THE OFFERINGS IS AT THE USER'S
OWN RISK. THE DOPE PLAYER RESERVES THE RIGHT TO, AT ANY TIME AND FROM TIME TO TIME, CHANGE, IMPROVE OR UPDATE THE
OFFERINGS, THIS SITE, AND THE CONTENT WITHOUT NOTICE TO THE USERS.
- 7.3 Third-Party Offerings and Content. The Dope Player may include references, links or referrals to or
connections with or reliance on third-party resources, products, services or content, including smart contracts
developed or operated by third parties, for or in connection with the Offerings. You acknowledge and agree that
the Dope Player is not responsible for any information, content, or services contained in any third-party
materials or on any third-party websites or any activities of any third party.
- 7.4 RISKS IN RELATION TO BLOCKCHAIN AND RELATED TECHNOLOGIES.THE DOPE PLAYER IS BASED ON TECHNOLOGIES THAT ARE
SUBJECT TO CERTAIN TECHNICAL OR TECHNOLOGICAL RISKS WHICH MIGHT CAUSE DISRUPTION IN OR INSTABILITY OR
UNAVAILABILITY OF THE OFFERINGS, THE NFTS OR THE MUSICAL CONTENTS. THE DOPE PLAYER HAS NO RESPONSIBILITY FOR THE
DISRUPTION, INSTABILITY OR UNAVAILABILITY IN OR OF THE OFFERINGS, NFTS AND MUSICAL CONTENTS HEREIN AND IS NOT
LIABLE FOR ANY DAMAGES ARISING THEREFROM, EITHER DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER THE REASONS
UNDERLYING THE SAID DISRUPTION, INSTABILITY OR UNAVAILABILITY IS FORESEEABLE TO THE DOPE PLAYER. SPECIFICALLY:
(a)The Dope Player may be based on technologies such as blockchain technology, smart contracts, consensus
algorithms or decentralized networks. The Dope Player is deployed to Blockchain Network, public software utilities
which are accessible directly through any Blockchain Network node or indirectly through any compatible Ethereum
"wallet" application which interacts with such a node, which may be an essential third-party or user
dependency without which the Dope Player cannot be used and the NFTs and/or the underlying musical contents cannot
be accessed, traded or used. These novel and experimental technologies are not under the control of the Dope
Player and therefore are subject to many uncertainties and risks, including regulatory uncertainty.
(b)Users are solely responsible for the safekeeping of the private key associated with the blockchain address used
to participate in the Offerings. The Dope Player will not be able to restore or issue any refund in respect of any
NFTs due to loss of private keys. The development of certain new technologies may also present new risks to
Blockchain Network, the Dope Player or NFTs, including the theft, loss or inaccessibility thereof.
(c)Blockchain Network and the NFTs may be subject to so-called "forks" The Dope Player may not be able
to anticipate, control or influence the occurrence or outcome of "forks", and does not assume any risk,
liability or obligation in connection therewith. Without limiting the generality of the foregoing, the Dope Player
does not assume any responsibility to notify a User of pending, threatened or completed forks. The Dope Player
will respond to any forks as the Dope Player determines at its sole and absolute discretion, and the Dope Player
shall not have any duty or obligation or liability to a User if such response (or lack of such response) acts to a
User detriment. A User assume full responsibility to independently remain apprised of and informed about possible
forks, and to manage a User own interests in connection therewith.
- 7.5 LEGAL LIMITATIONS ON DISCLAIMERS. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL THE LIABILITY OF THE DOPE
PLAYER EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT EQUIVALENT TO ALL THE SERVICE FEES THAT HAVE BEEN
CHARGED AND RECEIVED BY THE DOPE PLAYER AT THE TIME OF THE OCCURRENCE OF ANY ACTIONABLE CLAIMS.
- 7.6 Indemnification. Each User shall defend, indemnify, compensate, reimburse and hold harmless the Dope Player
(and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action,
damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or
relating to (a) User's use (and misuse) of, or conduct in connection with, the Offerings, the musical contents
or the NFTs; (b) User's violation of this Agreement or any other applicable policy or contract of the Dope
Player; or (c) User's violation of any rights of any other person or entity or any applicable laws or
regulations, including but not limited to any intellectual property, confidential information or privacy right.
This defense and indemnification obligations shall survive the termination or expiry of the Agreement or your use
of the Offerings.
- 7.7 Reliance. The information or materials made available by or on the Dope Player may not always be entirely
accurate, complete or up-to-date and may contain technical inaccuracies or typographical errors. Users should
verify all information or materials provided thereon and make all decisions with independent verifications of the
information or materials based on which such decisions are made. Users acknowledge and agree that the Dope Player
is not responsible for any information, content, or services contained in any third-party materials or on any
third-party websites.
- 7.8 GENERAL DISCLAIMER. USERS ACKNOWLEDGE AND AGREE THAT THE DOPE PLAYER WILL NOT BE LIABLE FOR ANY DAMAGE OR
LOSS THAT IS NOT REASONABLY FORESEEABLE.
- 7.9 Risks of Cyberattack. All information technology systems, personal computers, mobile phones, internet
websites and/or any other devices can potentially be subject to security breach, unwarranted intrusion or breach
by malicious hackers, virus, trojan horse, code or other means (collectively, "Cyberattack"). In the
event any Cyberattack occurs, the Dope Player and all information stored or made available thereon may be
adversely affected, and the Dope Player does not guarantee full eradication, alleviation of or recovery from such
adverse consequences. Users are solely responsible for ensuring the security of personal devices (including
laptops and mobile devices) at all times.
8.GOVERNING LAW; DISPUTE RESOLUTION.
- 8.1 Governing law. This Agreement shall be governed by and construed and interpreted in accordance with the laws
of Taiwan, the Republic of China ("Taiwan") irrespective of the choice of laws principles of Taiwan.
Each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or
specific personal jurisdiction over the Dope Player in any forum outside Taiwan.
- 8.2 Jurisdiction; no class action. Any claim or dispute arising out of, relating to or in connection with the
Agreement, or the breach, termination or invalidity thereof, shall be subject to the exclusive jurisdiction of the
Taipei District Court of Taiwan. To the extent permitted by law, you and the Dope Player may bring claims against
the other only in your or its individual capacity, and not as a plaintiff or class member in any alleged class,
representative, consolidated or multi-claimant proceeding. To the extent permitted by law, you and the Dope Player
each waive any right to a jury trial.
-
9.MISCELLANEOUS
- 9.1 Headings. The headings and captions contained in this Agreement are for convenience of reference only, shall
not be deemed to be a part of this Agreement and shall not be referred to in connection with the construction or
interpretation of this Agreement.
- 9.2 Successors and Assigns. A User shall not assign any of a User rights or delegate any of a User liabilities
or obligations under these terms to any other person without the Dope Player's advance written consent. The
Dope Player may freely assign, transfer or delegate its rights, obligations and liabilities under this Agreement
to the maximum extent permitted by applicable law.
- 9.3 Severability. In the event that any provision of this Agreement shall be determined to be invalid, unlawful,
void or unenforceable, the remainder of this Agreement other than those as to which it is determined to be
invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be
valid and enforceable to the fullest extent permitted by law, and the Dope Player shall have the right to modify
this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner
in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent
possible.
- 9.4 Force Majeure. The Dope Player shall have no obligation to offer the Offering, the Dope Player or any other
services if its failure to do so is caused by or results from any act of God, governmental action, terrorists,
civil disturbance, war, strike or other labor dispute, natural disaster or unsatisfactory services of Internet
services or network service providers, failure of equipment and/or software, the unavailability, disruption or
malfunction of the Ethereum network or blockchain or any aspect thereof, or any consensus attack, or hack, or
denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and
infrastructure that enables the Dope Player to provide the Offerings, or any other cause or circumstance, whether
similar or dissimilar to the aforementioned causes or circumstances, beyond the reasonable control of the Dope
Player.
- 9.5 Modifications. To the extent permitted by law, the Dope Player reserves the right, at its sole and absolute
discretion, to modify, discontinue or terminate the Offerings and any related services or to amend, modify, alter
or supplement this Agreement, at any time and without prior notice. If a revision significantly reduces your
rights, we will notify you (by, for instance, posting on this page). The most current version of this Agreement
will be posted on the Dope Player's website. Any changes or modifications will be effective immediately upon
the modified Agreement being posted to the Dope Player's website. A User shall be responsible for reviewing
and becoming familiar with any such modifications. By continuing to use or access the Dope Player or the Offerings
after the revisions come into effect, you agree to be bound by the revised Agreement. If a User does not agree to
any such modifications, a User must immediately cease using the Offerings.
- 9.6 No Implied Waivers. The Dope Player's failure to enforce a provision is not a waiver of its right to do
so later.; and no single or partial exercise of any power, right, privilege or remedy under this Agreement shall
preclude any other or further exercise thereof or of any other power, right, privilege or remedy..
- 9.7 Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the
subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and
oral, between the parties with respect to the subject matter hereof.
- 9.8 Mergers and Acquisitions. In the event the Dope Player is acquired by or merged with a third party entity,
the Dope Player shall have the right, in any of these circumstances, to transfer or assign any content,
information and materials collected from or submitted by Users as part of such merger, acquisition, sale, or other
change of control.