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Legal documents

User Agreement

This Custodial Agreement (“Agreement”) is made between DogeCash LLC, a St. Vincent and the Grenadines limited liability company with its principal place of business at Suite 305, Griffith Corporate Centre, Kingstown, St. Vincent and the Grenadines (“DogeCash”, “we” or “us”) and the person or entity who has registered to use the DogeCash Services (as defined below) (“you”).

1. Introduction

This Agreement sets forth the terms and conditions that govern your use of the DogeCash Services. The DogeCash Services include (I) a custodial digital wallet service that allows you to store, send and receive digital assets, (ii) an exchange service that allows you to buy and sell digital assets, and (iii) any other products, services, websites, mobile applications or software offered by DogeCash from time to time (collectively, the “DogeCash Services”).

2. Registration

In order to use the DogeCash Services, you must first register for a DogeCash account by providing us with your name, email address and a password (your “DogeCash Account”). You represent and warrant that all information you provide to us when you register for a DogeCash Account is accurate, current and complete. You further agree that you will promptly update your DogeCash Account information in the event that any of the information you have provided to us changes.

3. Eligibility

You represent and warrant that you (a) have not previously been suspended or removed from using the DogeCash Services; (b) are not subject to any U.S. sanctions; (c) are not a terrorist organization, as defined by U.S. law; and (d) will not use the DogeCash Services for any illegal or unauthorized purpose.

4. Your Responsibility for Your DogeCash Account

You are responsible for all activity that occurs under your DogeCash Account, and you agree to keep your DogeCash Account password confidential and secure. You agree to notify us immediately of any unauthorized use of your DogeCash Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

5. Use of the DogeCash Services

The DogeCash Services are made available for your personal, non-commercial use only. You agree not to use the DogeCash Services for any illegal or unauthorized purpose. You agree not to use the DogeCash Services in any way that could damage, disable, overburden or impair the DogeCash Services or interfere with any other user’s use and enjoyment of the DogeCash Services.

6. Prohibited Uses

In connection with your use of the DogeCash Services, you agree not to:

  1. Use the DogeCash Services for any illegal or unauthorized purpose;
  2. Use the DogeCash Services in any way that could damage, disable, overburden or impair the DogeCash Services or interfere with any other user’s use and enjoyment of the DogeCash Services;
  3. Use any robot, spider, scraper or other automated means to access the DogeCash Services for any purpose without our express written permission;
  4. Use the DogeCash Services to send spam or unsolicited messages
  5. Use the DogeCash Services to collect, store or transmit personally identifiable information of any other user of the DogeCash Services without such user’s explicit consent
  6. Use the DogeCash Services to collect, store or transmit any sensitive personal information of any other user of the DogeCash Services without such user’s explicit consent
  7.  Use the DogeCash Services to collect, store or transmit any information of any other user of the DogeCash Services without such user’s explicit consent
  8. Interfere with, damage or disable the DogeCash Services or any software, hardware or equipment used to provide the DogeCash Services
  9. Use the DogeCash Services to launch or operate any unauthorized software or hardware
  10. Access the DogeCash Services in a manner that violates the security or authentication measures used by DogeCash to protect the DogeCash Services
  11. Use the DogeCash Services to gain unauthorized access to any other account or computer system
  12. Use the DogeCash Services to transmit any viruses, worms or other malicious code
  13. Use the DogeCash Services to engage in any activity that violates any applicable law or regulation
  14. Use the DogeCash Services to engage in any activity that DogeCash, in its sole discretion, determines to be harmful to the DogeCash Services, any user of the DogeCash Services or any third party

7. User Generated Content

The DogeCash Services may allow you to submit, post, upload or otherwise make available text, photos, videos, audio or other content (“User Generated Content”). You retain all ownership rights in your User Generated Content. However, by submitting, posting, uploading or otherwise making your User Generated Content available on or through the DogeCash Services, you grant DogeCash a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit your User Generated Content in connection with the DogeCash Services and DogeCash’s business, including without limitation for promoting and redistributing part or all of the DogeCash Services (and derivative works thereof) in any media formats and through any media channels. You also agree that DogeCash may remove or modify any of your User Generated Content at any time and for any reason.

8. Third Party Content and Websites

The DogeCash Services may display content that is not created or controlled by DogeCash (“Third Party Content”). You acknowledge and agree that DogeCash is not responsible for any Third Party Content, and you further agree that you will not hold DogeCash liable for any loss or damage that you may incur as a result of your use of or reliance on any Third Party Content. The DogeCash Services may also contain links to websites or other online services that are not owned or controlled by DogeCash (“Third Party Websites”). You acknowledge and agree that DogeCash is not responsible for any Third Party Website, and you further agree that you will not hold DogeCash liable for any loss or damage that you may incur as a result of your use of or reliance on any Third Party Website.

9. User Feedback

If you provide DogeCash with any feedback or suggestions regarding the DogeCash Services (“Feedback”), you hereby assign to DogeCash all right, title and interest in and to the Feedback, and DogeCash will be free to use, reproduce, disclose, publish and distribute the Feedback without any restriction or obligation to you.

10. Accounts with Other Cryptocurrency Services

In order to use the DogeCash Services, you may be required to register for an account with a third party cryptocurrency service, such as a digital asset exchange or a digital asset wallet service (each, a “Cryptocurrency Service”). You acknowledge and agree that you will be subject to the terms and conditions of the applicable Cryptocurrency Service, and you further agree that you will not hold DogeCash liable for any loss or damage that you may incur as a result of your use of or reliance on any Cryptocurrency Service.

11. Termination

This Agreement will remain in effect until terminated by you or DogeCash. DogeCash may terminate this Agreement at any time and for any reason by providing you with written notice of such termination. You may terminate this Agreement at any time by ceasing all use of the DogeCash Services.

12. Modifications to the DogeCash Services

DogeCash reserves the right to modify, suspend or discontinue the DogeCash Services at any time and for any reason, with or without notice to you. You acknowledge and agree that DogeCash will not be liable to you or to any third party for any modification, suspension or discontinuation of the DogeCash Services.

13. Modifications to this Agreement

DogeCash reserves the right to modify this Agreement at any time and for any reason, with or without notice to you. The most current version of this Agreement will be posted on the DogeCash website (https://dogecash.net), and you are responsible for reviewing the most current version of this Agreement prior to using the DogeCash Services. If you continue to use the DogeCash Services after any such modification, you hereby agree to be bound by the modified Agreement.

14. Disclaimer of Warranties

THE DogeCash Services ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DOGECASH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DOGECASH MAKES NO WARRANTY THAT THE DogeCash Services WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

15. Limitation of Liability

IN NO EVENT WILL DOGECASH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE DogeCash Services; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE DogeCash Services, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE DogeCash Services; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL DOGECASH’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DogeCash Services EXCEED ONE HUNDRED UNITED STATES DOLLARS (U.S. $100.00).

16. Jurisdiction and Arbitration

This Agreement is entered into in the State of St. Vincent and the Grenadines and will be governed by and construed in accordance with the internal laws of the State of St. Vincent and the Grenadines, without giving effect to its conflict of law provisions.

17. Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Miscellaneous

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and DogeCash with respect to the subject matter of this Agreement and supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
  2. Waiver. Any failure by DogeCash to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
  3. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  4. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without DogeCash’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. DogeCash may assign or transfer this Agreement at any time without restriction.
  5. Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by DogeCash (i) via email (in each case to the address that you provide), (ii) by posting to the DogeCash website or (iii) by posting to the DogeCash Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
  6. No Partnership or Agency. Nothing contained in this Agreement will be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.
  7. Force Majeure. DogeCash will not be liable for any failure or delay in the performance of its obligations under this Agreement arising from or attributable to causes beyond its reasonable control, including but not limited to acts of God, war, civil insurrection, acts of terrorism, natural disasters, strikes, lock-outs or other industrial disputes, and power or utility failures.
  8. Headings. The headings used in this Agreement are for reference purposes only and will not affect the meaning or interpretation of this Agreement.
  9. Survival. The following provisions of this Agreement will survive any termination or expiration of this Agreement: Sections 4 (Your Responsibility for Your DogeCash Account), 8 (User Generated Content), 11 (Termination), 12 (Modifications to the DogeCash Services), 15 (Limitation of Liability), 16 (Jurisdiction and Arbitration), 17 (Export Control) and 18 (Miscellaneous).
  10. Contact Information. If you have any questions about this Agreement, please contact us at support@dogecash.net.

Latest update: 18 August, 2022

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