ℹ️Section 16 - 18

16. Risk Disclosure

16.1. The User acknowledges and agrees that it shall access and use the Website/Apps at its own risk. The risk of loss in trading crypto-assets and/or NFTs can be substantial. The User should, therefore, carefully consider whether such trading is suitable for it in light of its circumstances and financial resources. The User should be aware of the following points:

16.1.1. The User may sustain a total loss of the funds in its Wallet, and, in some cases, it may incur losses beyond such funds;

16.1.2. Under certain market conditions, you may find it difficult or impossible to liquidate an NFT (this can occur, for example, when the market reaches a daily price fluctuation limit or there is insufficient liquidity in the market);

16.1.3. The User acknowledges that there are risks associated with utilising an internet-based trading system, including, but not limited to, the failure of hardware, software, internet connection, servers, and third-party infrastructure, application, networks and protocols. The User acknowledges that DOGAMÍ shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.

17. Intellectual property

17.1. The Intellectual Property of the DOGAMÍ Company

17.1.1. The content of the Website and the Apps, the general structure as well as the software, texts, images, animated or not, photographs, its know-how and all the other elements composing the Website and the Apps are the exclusive property of the DOGAMÍ company or of third parties who have granted it a license.

17.1.2. All the elements and the Website and the Apps themselves are protected by copyright, trademark law, drawings and models and/or all other intellectual property rights.

17.1.3. The name and brand DOGAMÍ, the logos, the drawings and models, stylised letters, figurative marks, and all the signs represented on the Website and the Apps are and will remain the exclusive property of the DOGAMÍ company.

17.1.4. No title or right on any element or software will be obtained by downloading or copying parts of this Website or Apps. It is formally forbidden to the User to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Website and Apps and to the elements and software which they contain, nor to modify them or carry out any work using them as a basis, nor to sell or participate in any sale about this Website and this Apps, the elements of this Website and this Apps or any software relating to it.

17.1.5. In particular, the User is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Website and the Apps, or the computer codes of the elements making up the Website and the Apps.

17.1.6. The present Terms do not imply any transfer of any kind of intellectual property right on the elements belonging to the DOGAMÍ company or its rightful owners such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos, for the benefit of the consumer.

17.1.7. DOGAMÍ grants the User a non-exclusive licence to use the Website and the Apps. This licence is strictly personal and cannot, in any case, be assigned or transferred to any third party whatsoever. The licence is granted for the duration of the use of the Website and the Apps.

17.1.8. Any reproduction and/or representation, in whole or in part, of one of these rights, without the express authorisation of the DOGAMÍ company, is prohibited and would constitute an infringement liable to engage the civil and criminal liability of the infringer.

17.1.9. Consequently, the User is forbidden to take any action or to do anything which may directly or indirectly infringe the intellectual property rights of the DOGAMÍ company.

17.1.10. The same applies to the databases appearing, if any, on the Website and the Apps, which are protected by the various laws applicable to intellectual property in Switzerland and the European Union. Any extraction or reuse, in whole or in part, of the said databases and their content, is therefore prohibited without the prior express authorisation of the DOGAMÍ company.

17.1.11. The distinctive signs of DOGAMÍ company and its partners, such as domain names, brands, names and logos appearing on the Website and the Apps, are protected by the various laws applicable to intellectual property in Switzerland and the European Union. Any total or partial reproduction of these distinctive signs made from elements of the Website and the Apps without the express authorisation of DOGAMÍ company is prohibited within the meaning of the various laws applicable to intellectual property in Switzerland and the European Union.

17.1.12. Only an applicable use in conformity with the destination of this Website and the Apps is authorized.

17.1.13. Any other use not expressly authorised in writing and in advance by DOGAMÍ, is prohibited and constitutes an infringement.

17.2. Third-party Intellectual Property

17.2.1. Elements belonging to third parties, such as film extracts, brands, logos, images, texts, sounds, without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognised by the laws in force.

17.2.2. The User agrees not to infringe, directly or indirectly, the property rights of third parties whose content is present on the Website and agrees not to exploit these elements in any way whatsoever.

17.2.3. The User undertakes to respect all the rights of third parties whose content is present on the Website and the Apps.

17.3. The Intellectual Property of the NFT

17.3.1. When the User purchases a Collectible on the Website and the Apps or on the Marketplace, DOGAMÍ company grants the User a limited, worldwide, non-exclusive, revocable license to access and display the underlying NFTs solely for the following purposes:

17.3.1.1. for the User’s own personal, non-commercial use;

17.3.1.2. to purchase and sell the NFT on Marketplaces.

17.3.2. Furthermore, the User may not, directly or indirectly, without DOGAMÍ company’s express prior written consent:

17.3.2.1. modify, perform any change or create any derivate works based on the art of the purchased NFT, without limitation, its shape, design, drawing, attributes, features, or colours;

17.3.2.2. use the purchased NFT to advertise, trade, or sell any third-party product or service;

17.3.2.3. sell, distribute or use the purchased NFT in movies, videos or any form of media in order to market;

17.3.2.4. sell, distribute, or use the purchased NFT in any way for your commercial benefit or that of a third party;

17.3.2.5. attempt to register a trademark, copyright or otherwise acquire additional intellectual property rights in the NFT; and

17.3.2.6. DOGAMÍ company grants a licence to the User for the NFT, which does not include the right to divide or create new NFTs derivate from the purchased NFT.

17.4. The User grants to DOGAMI the unrestricted, unlimited, irrevocable, transferable, perpetual, fully-paid up and royalty-free, non-exclusive and unlimited right to adapt, archive, broadcast, cache copy, commercialize, create derivative works of, disclose, distribute, enter into computer memory, excerpt, fix, host, improve, introduce into circulation, lease, modify, publicly display, publicly perform, publish, re-format, re-title, reproduce the Collectible.

17.5. If the User decides to sell the Collectible previously purchased, DOGAMI will retain a fee equal to five (5%) of the total sale price (hereinafter, the “Royalty Fee”).

17.6. The User acknowledges that in the event that they manage to find a way not to pay the Royalty Fee for the sale of a Collectible, DOGAMI may revoke the licence for that specific Collectible.

18. Survival

18.1. All provisions of these Terms & Conditions, which by their nature extend beyond the expiration or termination of these Terms & Conditions, including, without limitation, sections about suspension or termination, Orion Protocol’s ban, debts owed to the Ecosystem Operator, the general use of the Website, disputes with Ecosystem Operator, and general provisions, shall survive the termination or expiration of these Terms & Conditions.