Terms and conditions: Dunestones

This Dunestones.com website (the “Site”) and the Dunestones Doginals collection is published and operated by FRUCTIFY, a limited liability company with a capital of 10,000 euros, registered with the Paris Trade and Companies Register under number 844 429 746 and domiciled at 66, avenue des Champs-Elysées 75008 Paris (the “Company”). 

FRUCTIFY’s main activity is the sale of training courses, a private club and seminars. But wishes to give away free NFTs Doginals (digital work registered on the Dogecoin blockchain) named Dunestones (tokens or other NFTs may also be dropped to Dunestones holders) “Product”. Under no circumstances will these NFTs (or other airdrop received by its holders) be sold for Fructify.

The director of publication / and CEO is: Jonathan Nowak

The Site is hosted by OVH, a company registered with the RCS of Lille under number 537 407 926, located at 2, rue Kellermann, 59100 Roubaix, France.

These terms and conditions contain : 

These terms and conditions are applicable to all persons who have received free of charge (airdrop), claimed, exchanged, used, transferred, bought, sold, held (or any other integration) one or more Dunestones via a third-party wallet, on the secondary market (decentralized third-party marketplace) or via a centralized exchange.

These terms and conditions apply to all persons who have received free of charge (airdrop), claimed, exchanged, used, transferred, bought, sold, held (or otherwise integrated) one or more NFTs from the Dunestones collection and token(s) or other NFT(s) received by its holders via a wallet tier, on the secondary market (decentralized third-party marketplace) or via a centralized exchange.

The purchase or sale of these Dunestones (and potential tokens or other NFTs received by its holders) may take place on the secondary market via third-party platforms, such as drc-20.org, doggy.market, ordinalswallet.com, etc…

Under no circumstances will these Dunestones (and potential tokens or other NFTs received by its holders) be sold on behalf of Fructify.

FRUCTIFY reserves the right to update, modify, suspend or delete all or part of the Site and/or its content (and its social networks: Discord, Twitter, X, Telegram in particular) at any time and without notice, without liability in this regard.

Disclaimer : 

Dunestones do not confer power, or only via a placebo effect. This is an imaginary story only. These stones cannot heal you or improve your life in any way. 

What’s more, investing in crypto-assets or NFTs involves risks of total or partial loss of the capital invested, and may not be suitable for everyone. Only risk what you’re prepared to lose. 

If you’re not technically proficient and are afraid of making mistakes, ask for help or do nothing. Jonathan Nowak or his company have never sold, do not sell and will never sell Dunestones – they are given away free of charge.

Under no circumstances can Jonathan Nowak or his company be held responsible for your potential losses or gains. Moreover, Dunestones (and potential tokens or other NFTs received by its holders) are works of art or collectors’ items, not an investment with the aim of making money.

You are responsible for any potential gains or losses. Jonathan Nowak or his company do not hold your assets and are not involved in the investment process.

Jonathan Nowak or his company are not responsible for the loss or theft of digital assets due to hacking, scamming or entrusted to third-party platforms. 

No investment advice or promise of profit is made by Jonathan Nowak or his company. By using this site or investing in one or more Dunestones (and potential tokens or other NFTs received by its holders), you acknowledge that you understand the risks associated with the purchase of these assets.

ARTICLE 1: SCOPE OF THE TERMS AND CONDITIONS

These Terms and Conditions apply whenever you receive free of charge (airdrop), claim, use, transfer, exchange, buy or sell one or more Dunestones and token(s) or other NFT(s) received by its holders accessible in your wallets, on exchanges or on third-party platforms (secondary market). Or any other integration.

When the user owns one or more Dunestones (and potential tokens or other NFTs received by its holders), he/she accepts these General Terms and Conditions which include the Product Terms and Conditions. 

By using these NFTs (purchase, receipt, exchange or any other operation), you accept these General Conditions without reservation. These conditions are accessible on the Site and prevail over any other document or publication (notably on its networks) containing contradictory information.

By possessing one or more Dunestones (and potential tokens or other NFTs received by its holders), you certify that you are a non-commercial individual of legal age acting for your own personal needs. Otherwise, you must not interact with these assets. He/she certifies that he/she has the financial capacity and knowledge necessary to invest (or sell), and acknowledges that he/she has previously read and accepted without restriction the General Terms and Conditions including the Terms and Conditions relating to the Product at the time of his/her purchase, sale or receipt of this NFT / token in his/her wallet.

PRODUCT DESCRIPTION 

FRUCTIFY offers free NFTs named Dunestones (tokens or other NFTs may also be released to Dunestones holders) in the form of a digital certificate backed by a work of art. 

The Purchaser is informed that the acquisition of the NFT will only result in the transmission of a digital certificate (digital work of art), to the exclusion of any other medium or right.

FRUCTIFY undertakes to ensure that this certificate is backed by the object or work as presented on the Site.

Technical characteristics of Dunestones : 

Standard: Doginals

This NFT will be registered on the blockchain: Dogecoin

Deployment address: xxxxxxxxxxxxx

Media stored: on the Dogecoin blockchain

The percentage of NFT airdropped to holders of 3 doginals is 54%.

The percentage of NFT to be claimed by holder of Runestones is 40%.

The percentage of NFT given by giveway is 1%.

The percentage of NFT given to partners (to publicize the project) is 2%.

The percentage of NFT kept in the Fructify company treasury (to pay for a possible listing on an exchange, marketing and project development mainly) is 3%.

ARTICLE 2: DEFINITIONS

2.1. A digital wallet is a tool for managing crypto-currencies and/or non-fungible tokens (NFT) by receiving, storing, transferring, exchanging or spending them.

2.2. The term NFT refers to non-fungible tokens that are registered on a blockchain.

2.3. Secondary market refers to all subsequent transactions of an NFT between users after the initial transaction on the primary market.

2.4. A marketplace is a service offered by a third-party platform that enables the transfer, exchange, sale or purchase of NFTs or tokens on the secondary market.

ARTICLE 3: LIABILITY

Fructify, the owner of the site and the Dunestones (or other assets released to Dunestones holders) cannot be held responsible for any damage caused by computer intrusion by a third party, nor for any direct or indirect damage caused by accessing or being unable to access its wallet or third-party platforms, as well as its use. Fructify cannot control the risks associated with the operation of the Internet or blockchains.

FRUCTIFY shall in no event be held liable :

– in the event of false information or input errors by the holder or buyer; 

– misuse of its wallet or third-party platforms by the holder or buyer; 

– in the event of a manifest error in displaying a derisory or unreasonable price

– loss of capital

– in the event of theft, hacking or identity theft.

FRUCTIFY cannot be held responsible for technical or material errors, hacking, identity theft, or for any direct or indirect damage such as loss of data, intrusion, virus, service interruption, other involuntary problems or force majeure resulting from the use of the Internet, the Site or a centralized or decentralized third-party wallet or marketplace. 

FRUCTIFY declines all responsibility : 

– for any interruption of the Site or other wallet or third-party site reading Dunestones (or other assets released to Dunestones holders) ; 

– for the occurrence of bugs; 

– for any damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on the Site or its social networks; 

– and more generally for any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused by anyone’s access to or inability to access the Site or its social networks/third-party platforms, as well as the use of the Site or its social networks/third-party platforms and/or credit given to any information coming directly or indirectly from the latter. 

In particular, FRUCTIFY accepts no responsibility for any damage that may be caused to the Internet user’s computer equipment as a result of accessing this Site / wallet / third-party platforms, using or downloading any of its elements (data, texts, images, videos or sounds… etc…). 

Finally, FRUCTIFY cannot be held responsible for the delay, loss or misdelivery of Dunestones (or other assets released to Dunestones holders), of an e-mail or message on Telegram or X or Discord, nor for whether or not it has been sent to the wrong address.

The Purchaser, seller or holder acknowledges that FRUCTIFY has fulfilled all of its obligations to advise and inform concerning the essential characteristics.

The Site may include links to other websites or other Internet sources. Insofar as FRUCTIFY cannot control these external sites and sources, FRUCTIFY cannot be held responsible for the availability of these external sites and sources, and cannot be held responsible for the content, advertising, Products, services or any other material available on or from these external sites or sources. 

In addition, FRUCTIFY shall not be liable for any damages or losses, whether actual or alleged, arising out of or in connection with access to, use of or reliance on the content, goods or services available on such external sites or sources. 

FRUCTIFY cannot be held responsible for the direct or indirect consequences of a purchase/booking cancellation for which it is not responsible, in particular in the event of disruptions on third-party platforms and generally for any event beyond its control or force majeure. 

In any event, FRUCTIFY shall not be held liable, without prejudice to its rights and remedies.

ARTICLE 4: WAIVER OF RIGHT OF WITHDRAWAL

The Dunestones (or other assets released to Dunestones gholders) are entirely donated, none are sold, so there is no right of withdrawal. If someone receives one or more Dunestones (or other assets released to Dunestones gholders) in their wallet against their will, they must not interact with them or they may return them to us.

ARTICLE 5: PURCHASE OF NFT

5.1 : PURCHASE OF NFT

Under no circumstances will Fructify sell Dunestones (or other assets released to Dunestones gholders).

In all cases, Dunestones (or other assets released to Dunestones gholders) will be given away free of charge. However, they can be exchanged, bought and sold on the secondary market via third-party platforms.

If someone receives one or more Dunetones (or other assets released to Dunestones gholders) related to this collection but didn’t want them, they can either sell them (but must have the knowledge to do so), leave them untouched, or send them back to us. Transaction fees are the responsibility of Users, who are responsible for ensuring that they have sufficient funds in their Wallet. The total amount of these fees is indicated to the User before he/she validates his/her purchase.

5.2 : PRICE

Regarding airdrop, people receive one or more Dunestones for free, there is nothing to pay. For those who wish to claim a Dunestones (or other assets dropped to Dunestones gholders) it will be necessary to pay the Dogecoin blockchain transaction fees. These transaction fees are the responsibility of Users, who are required to ensure that they have sufficient funds in their Wallet. The total amount of these fees is indicated to the User before he/she validates his/her purchase.

On the secondary market, the price will depend on supply and demand. Capital losses are possible.

5.3: RECEIVING NFT

In order to purchase, receive and store your NFT, you must have a Digital Wallet compatible with the Dogecoin blockchain, such as the Doge labs wallet.

Digital Wallets are offered by third parties and are in no way dependent on FRUCTIFY. Therefore, these Terms and Conditions do not apply to your use of the Digital Wallet.

It is the responsibility of each User to ensure the compatibility of the selected Digital Wallet and its reliability/security prior to any transaction related to NFTs and to ensure that it is used under appropriate security circumstances.

The User is liable for any action resulting in damage to his or her Digital Wallet.

ARTICLE 6: SECONDARY MARKET TRANSACTIONS

It is possible to resell an NFT by offering it for sale on a third-party marketplace (secondary market). FRUCTIFY is not involved in transactions on third-party marketplaces and cannot be held responsible for sales, purchases or exchanges.

It is possible that a marketplace does not list this NFT, therefore it is possible that this NFT is unsaleable or only OTC, person to person via a Discord group for example. FRUCTIFY cannot be held responsible for these OTC sales, as it is possible to buy counterfeits. People can also pretend to be members of our team in order to scam you.

It is the User’s responsibility to verify which rights are associated with NFTs purchased or received via a marketplace. It is the User’s responsibility to pay any taxes that may be applied when reselling an NFT.

Transactions carried out on the secondary market are subject to a commission payable to the intermediary. By acquiring an NFT, the User certifies that he/she is fully aware of this commission, which he/she expressly accept

ARTICLE 7: INTELLECTUAL PROPERTY

All intellectual property rights of the Official Dunestones are the property of FRUCTIFY.

Any representation, reproduction, transformation or use, in whole or in part, of any element covered by a FRUCTIFY intellectual property right is strictly prohibited.

ARTICLE 8: OWNERSHIP OF NFT

The User is the owner of the NFT(s) that he/she purchases or receives in accordance with these General Terms and Conditions. The User is free to dispose of the NFTs he owns (sale, donation, transfer, destruction), whether from a Digital Portfolio or via the secondary market.

Subject to compliance with the present General Terms and Conditions, the User is authorized to use, reproduce and display his NFT(s) for personal, non-commercial purposes only.

Except with the prior written consent of FRUCTIFY, the User may not under any circumstances perform or attempt to perform any of the following actions with his NFT(s): (i) modify the content associated with the NFT; (ii) use the NFT and associated content for commercial, advertising or promotional purposes of a third-party product or service.

ARTICLE 9: PERSONAL DATA

Data that directly or indirectly identifies Users is processed by FRUCTIFY in connection with the use of the Site, where applicable, by the User, including through the use of cookies. For more details on how FRUCTIFY manages your personal data, please refer to the privacy policy available on the Fructify.io website.

8. WARRANTIES – CLAIMS 

8.1 Legal warranty: 

The owner guaranteeing the conformity of the Product is : 

FRUCTIFY société à responsabilité limitée with capital of 10,000 euros, registered with the RCS of Paris under number 844 429 746 and domiciled at 66, avenue des Champs-Elysées 75008 Paris. 

FRUCTIFY is not liable for any lack of conformity of the Product as it has been donated, not purchased. No refund is possible, as this is a gift.

8.2 Complaints: 

All claims must be made in advance by e-mail to info@fructify.io. 

The Buyer may also contact the mediation service of FEVAD (Fédération du ECommerce et de la vente à distance) by clicking on http://www.fevad.com/espace-consommateurs/ les-reclamations-et-les-recours#topContent 

APPLICABLE LAW 

These General Terms and Conditions, including the Product Terms and Conditions, are governed by French law. 

In the absence of amicable settlement, any disputes relating to orders placed on the Site shall fall within the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or third-party claims. 

Without prejudice to any legal action, FRUCTIFY is not obliged to give the Purchaser the benefit of any promotional discount whatsoever. 

The User is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission), or to any alternative dispute resolution method in the event of a dispute (in accordance with the provisions of article L.612-1 of the French Consumer Code). The User may have recourse to a mediator on the European platform for online dispute resolution, accessible at the following link: https://webgate.ec.europa.eu/odr, at the European Consumer Centre France at the following link: https://europe-consommateurs.eu.

CONTACT 

For any information, complaint or question relating to these Terms and Conditions, the Site or the Product, please contact us by e-mail at info@fructify.io.