The User understands and accepts the risks in connection with making a Contribution to the DUNE. In particular, but not concluding, the User understands the inherent risks listed hereinafter:
Risk of Software Weaknesses:
The User understands and accepts that the DUNE Platform, the underlying software application and software platform is still in an early development stage and unproven. The User understands and accepts that there is no warranty that the process for creating DUNE Tokens will be uninterrupted or error-free and acknowledges that there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of ETH, other support of the Project. The User understands and accepts that DUNE and/or underlying protocols and/or any other software involved may either delay and/or not execute a Contribution due to the overall Contribution volume, mining attacks and/or similar events.
The User understands and accepts that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of DUNE and which may, inter alia, result in substantial modifications of the DUNE and/or the Project, including its termination and the loss of the amount invested for the User.
Risk of Abandonment / Lack of Success:
The User understands and accepts that the creation of the DUNE Tokens and the development of the Project may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects. The User therefore understands that there is no assurance that, even if the Project is partially or fully developed and launched, the User will receive any benefits through the DUNE tokens held by him.
Risk Associated with other Applications:
The User understands and accepts that the Project may give rise to other, alternative projects, promoted by unaffiliated third parties, under which DUNE Token will have no intrinsic value.
Risk of Loss of Private Key:
The User understands and accepts that DUNE Tokens can only be accessed by using DUNE wallet with a combination of User’s account information and private key or password. The User understands and accepts that if his private key or password gets lost or stolen, the DUNE tokens associated with the User's account will be unrecoverable and will be permanently lost.
Risk of Theft:
The User understands and accepts that DUNE concept, the underlying software application and software platform may be exposed to attacks by hackers or other individuals that could result in theft or loss of all DUNE Tokens, other support of the Project, or ETH, impacting the ability to develop the Project.
Risk of Mining Attacks:
The User understands and accepts that, as with other cryptocurrencies, the blockchain used for DUNE is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to DUNE, expected proper execution and sequencing of DUNE Token transactions, and expected proper execution and sequencing of contract computations.
Risk of Incompatible Wallet Service:
The User understands and accepts that the wallet or wallet service provider used for the Contribution, has to be technically compatible with the DUNE Tokens. The failure to assure this may have the result that User will not gain access to his DUNE Tokens.
Risk of Lack of Consensus:
The User understands and accepts that the network of miners will be ultimately in control of DUNE and that there is no warranty or assurance that the network of miners will allocate the DUNE Tokens to the Users as proposed by these Terms. The User further understands that a majority of these miners could agree at any point to make changes to the official Smart Contract System and to run the new version of DUNE. Such a scenario could lead to DUNE losing intrinsic value.
Risk of Depreciation:
The User understands and accepts that with regard to DUNE no market liquidity may be guaranteed and that the value of DUNE over time may experience extreme volatility or depreciate in full.
Applied cryptography and blockchain technology are new and untested. In addition to the risks set forth here, there are risks that the DUNE team cannot anticipate. Risks may further materialize as unanticipated combinations or variations of the risks set forth here.
1. The User bears the sole responsibility to determine if his/her Contribution to the Project and/or to DUNE for the development of the Project, the transfer of DUNE to the Smart Contract System, the creation, acceptance, ownership or use of DUNE Token, the potential appreciation or depreciation in the value of DUNE Token over time, or the allocation of DUNE Token and/or any other action or transaction related to the Project has tax implications for him/her.
2. By creating, holding, or using DUNE Token, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the creation, ownership or use of DUNE Token or any other action or transaction related to the Project.
III. No Warranty
The User understands and expressly accepts that there is no warranty whatsoever on DUNE Token, DUNE and/or the success of the Project, expressed or implied, to the extent permitted by law, and that DUNE is used and DUNE Token are created and obtained at the sole risk of the User on an “as is” and “under development” basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
IV. No Liability
1. The User acknowledges and agrees that, to the extent permitted by any applicable law, the User will not hold any developers, auditors, contractors or founders of DUNE, the Smart Contract System and/or DUNE liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use, DUNE Token or the Smart Contract System under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that developers, auditors contractors or founders of DUNE, DUNE and/or the Project shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use of DUNE, the Project and/or DUNE.
2. The User further specifically acknowledges that developers, auditors, contractors or founders of the DUNE, Smart Contract System and/or the Project are not liable, and the User agrees not to seek to hold them liable, for the conduct of third parties, including other creators of DUNE, and that the risk of creating, holding and using DUNE Token rests entirely with the User.
3. By creating, holding or using DUNE Token, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any regulatory implications or liability associated with or arising from the creation, ownership or use of DUNE Token or any other action or transaction related to the Project.
1. The User agrees that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
2. The Terms govern the creation, ownership and use of DUNE Token and supersede any public statements about the launch of DUNE Token and/or DUNE made by anyone in the past, present and future.
3. Any dispute arising out of or in connection with the creation of the DUNE Token and the development and execution of the Project shall be finally settled by the ordinary courts of the registered domicile of the defendant.
4. To the fullest extent permitted by law, the User waives the right to participate in a class action lawsuit or a class-wide arbitration against DUNE or any individual involved with the creation of DUNE Token.