GENERAL TERMS AND CONDITIONS OF SALE AND USE
1. PURPOSE OF THE DOCUMENT
The purpose of the General Terms and Conditions is to define the rights and obligations of the parties in the use of the PANDA DYNASTY website. PANDA DYNASTY is a website published by SARL PANDA DYNASTY with a capital stock of 10.000 registered at the commercial register of Paris, under the number 878 475 094, with a registered address at 51, rue de Maubeuge – 75009 Paris. The company officer is Mister Gabriel MAMOU-MANI.
2. DEFINITIONS
This clause is intended to define terms, words, expressions used in the current General terms and conditions.
Purchaser refers to the User who purchases Collectible items with the PANDA DYNASTY website.
Collectible refers to Digital items representing a Panda available in the Service and underlying tokens that can be used in a blockchain.
Cryptocurrency refers to decentralized-digital-currency, which uses cryptographic algorithms and a protocol called blockchain to ensure transaction’s reliability and traceability and be received as payment throughout the Services.
Bamboo council refers to an online voting service dedicated to Collective item possessors.
Comics refer to a graphic story broadcast on specialized online platforms.
Currency refers to any legal currencies (euro, dollar, pound sterling).
Third-party rights refer to patent law, image right, copyright, confidentiality, trademarks, savoir-faire on any intellectual property rights recognized in any country in the jurisdiction in the world, including rights that can be associated with Collectible items.
Collectible items connected rights refer to patent law, image law, copyright, trade secrets, trademarks, savoir-faire, or any intellectual property rights recognized in any country or jurisdiction in the world associated with Collectible items.
Giveaway refers to contest prizes.
Holder refers to Collectible item possessors.
Game refers to the game developed by PANDA DYNASTY for whom game rules are fixed by the document called “game rules” available on https://pandadynasty.io/game-rules
Merch refers to a derivative product using a Collectible item characteristic sold on the website.
Minter refers to the act of buying a Collectible item in the primary market.
NFT means non-fungible token, which represents a Collectible item. This token ensures the item’s ownership and traceability.
PANDA DYNASTY refers to SARL PANDA DYNASTY, a French limited liability company DYNASTY with a capital stock of 10.000 registered at the commercial register of Paris, under the number 878 475 094, with a registered address at 51, rue de Maubeuge – 75009 Paris.
Quest refers to an exclusive treasure hunt and an interactive game.
Royalties refer to a percentage of sale outcomes that have to transfer to Users.
Services refer to any service offered on the website.
Third-party services refer to non-worked services by PANDA DYNASTY but provide content or additional functionalities to Users like community monitoring through social media (Twitter, Instagram, TikTok, Facebook, LinkedIn, Discord), buy and sale of digital assets (Open sea, Rarible), virtual assets wallet (Metamask), information consultation of Collectable items rarity (Rarity tools, Rarity Sniper), extern Collectible items marketplace. These Third-party services are proposed by PANDA DYNASTY under the service provider's liability of those for whom relations with Users are governed by their general terms and conditions.
Website refers to https://pandadynasty.io website, including sub-domains, and any other websites through which PANDA DYNASTY makes its services available.
General terms and conditions refer to the current document. These General terms and conditions constitute a contract between you and PANDA DYNASTY to govern access, the use of the website, and all services associated with or the Collectible item purchase.
User refers to any natural or legal person using services proposed by the Service or visiting the website with plain legal capacity.
3. SCOPE OF APPLICATION
PANDA DYNASTY is a website that gives the possibility for Users to purchase Collectible items representing Pandas to collect or play with these Collectible items, materialized in NFT. The service is available on https://.pandadynasty.io website.
These General terms and conditions are applied, without restriction or reservations, to any Service proposed by PANDA DYNASTY on the Website. From the moment the User uses the PANDA DYNASTY Services available on his website, he fully and plainly accepts the current General terms and conditions.
The User recognizes detaining the legal capacity to contract and use the Services in his country and declares to have read and accepted the General terms and conditions by purchasing Collectible items issued from PANDA DYNASTY. The purchasing from the User goes acceptance without restriction or reservation of these General terms and conditions.
These General terms and conditions are available at any moment on the Website and will prevail on any other versions or any other contradictory document.
The Website can contain hyperlinks or content from Third-party services. These Third-party services can be submitted to others' general terms and conditions and privacy policies. PANDA DYNASTY shall not be liable for these Third-party services’ availability or exactitude, content, product, or services available from these Third-party services.
4. SERVICES PROVIDED BY PANDA DYNASTY
4.1. Collectible items issuing
PANDA DYNASTY provides Collectible items for sale in limited quantities, at a determined price, and for a certain time. There is no reservation prize.
In case of interruption (technical issues), making the sale impossible, PANDA DYNASTY reserves the right to extend the sale period.
The non-professional User had a right to withdrawal that can be exercised within fourteen (14) days after the conclusion of the contract, in accordance with the article L. 221-18 of the Code de la consommation (consumer right code). Considering the digital nature and the instant delivery of the Collectible item after purchase, the article L. 221-18 and following of the Code de la consommation and article 9 of the European directive of consumer right protection are not applied. Thus, the User expressly renounces his right to withdrawal.
4.2. Collectible items purchasing
PANDA DYNASTY gives you the possibility to collect Collectible items representing Pandas and allows Holders to access the PANDA DYNASTY Game and which you can access to Game rules for the following link: https://pandadynasty.io/game-rules.
When a Collectible item sale is opened, to the minter, it is necessary to go through the Discord Third-party services which will send the User back to Metamask Third-party in order that the transaction could be performed using the cryptocurrency Ethereum. The Collective item will be associated with your Metamask account. Thus, you log in to the Open sea and Rarible platform to see your Collective item.
Collective items are issued from PANDA DYNASTY depending on the rarity level of each Collectible item. For example, a Collectible item is awarded a point based on the accessories' weight. A Collectible item rarity is guaranteed by an underlying NFT that could be directly watched on the blockchain and seen on the Third-party service at https://rarity.tools/pandadynasty
4.3. Transfer and Exchange
The game, entitled “Panda Dynasty”, is based on a treasure hunt, available from the Website by all Holders and will give rise to Giveaways. This Game presides over current rules: https://pandadynasty.io/game-rules.
4.4. Access to PANDA DYNASTY game
On the Website, derivative products could be sold using the Collective items characteristics. A percentage of these derivative products sale outcomes will be used to fund the Giveaway.
Some Collectible items may be used by PANDA DYNASTY for serving Comics that will be commercialized. A percentage of these Comics sale outcomes will be used to fund the Giveaway.
4.5. Assistance
The assistance is available on the Website or Discord. PANDA DYNASTY is committed to attempting to answer in the shortest delays. Nevertheless, it is due care that PANDA DYNASTY is in charge of.
4.6. Tax and social obligations
PANDA DYNASTY draws the attention of the User on the fact that the Collectible sale is likely, according to the applicable tax regulation, to constitute a taxable income, especially when the Collectible sale price is higher than his purchase price.
It only belongs to the User to declare his Collectible sale income to the appropriate tax and social administration.
The Users attached in tax to France can fulfill their tax obligations through the French tax administration’s website, www.impots.gouv.fr, and be informed on any applicable tax regime and the tax declaration process on the page available on: https://www.impots.gouv.fr/portail/node/10841.
The Users attached in tax to France can, if need be, fulfill their social obligations through the social security administration’s website, www.urssaf.fr, and be informed on any applicable social security regime and the declaration process on the page available on: https: //www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html.
5. USERS LIABILITY
The User ensures PANDA DYNASTY against any negligence, beyond the foreseeable risk, that may result from the Services use.
The Users ensure PANDA DYNASTY only uses the Services according to current General terms and conditions. He is not allowed to reconstitute the Services, decompile, disassemble or circumvent the technical restrictions contained therein, except to the extent would be permitted by applicable law.
The Users ensure PANDA DYNASTY against any fraudulent, dishonest, or bad faith of the Services use, especially if it is interfering in the Services use of others Users.
6. PANDA DYNASTY’S LIABILITY
6.1. PANDA DYNASTY’s limited liability
The User is informed and expressly that the Services access and use are at his risks and they are provided without warranty of any kind, expressly or implicitly, except to the extent would be permitted by applicable law.
PANDA DYNASTY does not ensure:
Uninterrupted, secure, or error-free access to or use of the Services;
The accuracy of the usage data provided by the Services or on the Website;
That the Services and the Website are free of malicious software or other harmful components.
Users accept the inherent security risk in the provision of information, e-commerce on the Internet, and experimental technologies such as blockchains and non-fungible tokens, and agree that PANDA DYNASTY, except in case of gross negligence, will not be liable for any security breach.
PANDA DYNASTY is not liable for any incurred Users’ losses due to using the blockchain network and virtual assets wallets. PANDA DYNASTY has no control over the blockchain network and will be not liable for any losses resulting from the blockchain.
PANDA DYNASTY, is not liable for the Collectible item value, to this end, it does not ensure any Collectible item’s price floor.
6.2. PANDA DYNASTY’s services content
PANDA DYNASTY can not be held liable for content posted by Users and content exchanged between them.
PANDA DYNASTY is committed to implementing any necessary use to ensure the best delivery of providing the Services. Nevertheless, PANDA DYNASTY is only bound by due care.
In the event of failure by PANDA DYNASTY, the letter will only be liable for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages that may result from the failure of the Service uses are expressly excluded.
In any case, PANDA DYNASTY shall not be liable, except in the case of legal or regulatory provisions to the contrary, beyond the amounts invoiced to the User over the last six months.
Specifically, unless otherwise provided by law or regulation, PANDA DYNASTY could not be held liable for:
breakdowns or dysfunctions of the Services for a lower duration than 96 hours or falling under no PANDA DYNASTY’s liability
data loss of Collectible items or Users’ cryptocurrencies, which cannot be accountable to PANDA DYNASTY
unusual or illegal use of the offered services, by a Third-party or a Use
direct or indirect damages resulting from the use of the offered Service
a dysfunction or a cyber attac
any case of force majeure, within the meaning of article 1218 of the French Civil code, including a failure of the blockchain protocol used to make work the Services.
7. INTELLECTUAL PROPERTY PANDA DYNASTY’S
Every intellectual property right over the content of the website, including the content generated by the users, is the property of PANDA DYNASTY. They are freely provided as the exclusive part of the use of the Services. Therefore, any use of these contents without PANDA DYNASTY’s prior permission is illegal.
Any unauthorized extraction or duplication of Collectible items is prohibited.
The User is the final owner of the Collectible items he buys in accordance with the current Terms of Sales, legitimely and in good faith.
Notwithstanding any legal provision of the current Terms of Sales, the User has the right to freely dispose of the Collectible items he owns (sale, loan, donation, cession, etc.).
Unless as otherwise expressly provided, the use of the Services or the purchase of a Collectible item does not bestow any property rights nor rights on the content, the code, the data , or other elements of the website that can be accessed through it, nor rights on services, nor PANDA DYNASTY’s rights, nor rights of Third parties who can be associated with the Services.
Subject to the respect of the current Terms of Sales, the User is authorized, on a non-exclusive basis, to use, replicate and display the related collectible rights associated with Collectible items he legitimely owns for personal use, excluding any use for non-commercial purposes.
Under no circumstances, the User can, without any prior written consent of PANDA DYNASTY, perform or try to perform one of the following actions to Collectible items, whether or not they belong to the User:
to use the Collectible item and all the related collectible rights associated with Collectible items belonging to him for commercial, advertising, or promotional purposes of a product or a Third-servic
to market commodities, physical or digital, representing the purchased Collectible item
to modify the picture associated with the Collectible ite
to try to claim some additional intellectual property rights, related to the Collectible item.
PANDA DYNASTY may solicit the Holders to take part in commercial actions, which Holders already accept. As such, PANDA DYNASTY commits itself to reward that use in the form of Collectible items or anything else in accordance with the Holders.
8. PRIVACY POLICY AND PERSONAL DATA
The information enabling to directly or indirectly identify the Users (below “Personal data”) are processed by PANDA DYNASTY part of the use of Services by the User, including cookies.
During the website’s consultation, cookies may be deposited on the User’s electronic communication elements, in order to ease the website’s use and generate attendance and access statistics.
Cookies are text files recorded by the Internet website on the terminal to store some technical data in order to facilitate the website’s use and collect statistical information on Users.
The Users are previously informed on their terminal about the store’s data. The Users are free to accept or reject the storage of cookies. Keep surfing on the Website after being informed means the User accepts the cookies’ collection.
9. HYPERLINK
The Service may contain hyperlinks redirecting to Third party websites. The Service exercises no control over these websites and declines any liability for access, content or use of these websites.
10. MODIFICATION
PANDA DYNASTY can modify the current General terms and conditions at any time. The applicable version of the General terms and conditions is the last published version at the date of use of the Services. The effective date of the General terms and conditions is pointed out at the end of the document. If Users disagree with the reviewed Terms of Sales, they can cease use of the Services by sending an email to pandadynastynft@gmail.com.
PANDA DYNASTY keeps the right to modify or stop the accessibility of all or part of the Services and/or the Website at any time.
11. NON-WAIVER
The fact that the Organizer does not apply a clause of the current General terms and conditions during a given time does not make that clause subsequently unenforceable. The inapplicated clause remains valid for all that and should not be perceived by the Participant as a waiver of the clause. Therefore the Organizer will be able to execute the clause at any time.
If a clause of the current Terms of Sales were null, that nullity does not generate the nullity of the whole current terms and conditions ; all other clauses remain valid.
12. COMPETENCE AND APPLICABLE LEGISLATION
The current Regulation is only governed by French law.
In case of dispute between the Organizer and a Participant, the Participant commits himself to inform the Clients Service to pandadynastynft@gmail.com, mentioning his contact details and the reasons for his discontent.
The User may resort to an independent mediator by sending a request by email to pandadynastynft@gmail.com or by mail to the address of the Society.
The User may also contact the online dispute resolution service of the European Commission at the following address : https://ec.europa.eu/consumers/odr.
In case of dispute, the Participant will be able to seize the territorially competent jurisdiction according to the law. Unless otherwise specified, only the courts within the jurisdiction of the court of appeal of Paris will be competent.
Last updated on November 4, 2021.
