Terms of Service

 

TERMS OF SERVICE AND TERMS OF SERVICE OF DONK

 

Definitions:

In this Agreement,

 

“Account” shall mean your own account on this website.

 

“User” shall signify ‘User of DONK Services’.

 

“DONK”, “we”, “our”, or “us” shall signify DONK.ARMY and the DONK token.

 

“Intellectual Property Rights” shall allude to and include all the intellectual rights: (a) patents, licenses, copyrights, trademarks, registered designs, enrolled structures, and any privilege to have confidential information kept confidential; and (b), whether or not such rights are listed or capable of being listed and whether current under any laws.

 

“DONK Services” signifies the services rendered or conveyed by DONK.

 

“End product” means an application provided by a third party.

 

“Website” shall allude to websites that are operated by DONK, DONK.ARMY, and any other connected DONK implements services, or applications.

 

“Agreement” The agreement between the Users and DONK described here in the Terms of Service

 

Overview

You agree and acknowledge that by forming an account and subsequently using the Website, you give your consent to the terms of this Agreement put forth by DONK.

 

DONK holds the privilege to review and change any portion of this Agreement or any related material which will be posted on the Website. DONK might change this Agreement alongside any related material as required by posting altered terms on the Website.

 

The DONK services, implements and applications are rendered by O.S. CyberEarth UG (haftungsbeschränkt), located at Denickestraße 3, Hamburg 21073 Germany, CEO Oscar Schreyer, Info(at)DONK.ARMY

 

DONK’s concept

 

Get ready to laugh and have fun with DONK! Our token is designed for entertainment purposes only and is not intended for investment. With DONK, you can enjoy the latest memes and jokes while also supporting your favorite creators. Join the fun today and let’s get high on laughter!

 

Welcome to the world of meme coins, where the only thing that matters is how much you can make people laugh. Memecoins are not just cryptocurrencies, they are cultural phenomena that capture the spirit of the time. They are tokens of appreciation, satire, irony, and absurdity. They are the ultimate expression of creativity and freedom in the digital age.

 

DONK is a decentralized token that was created for entertainment purposes only. It is not intended to be an investment opportunity or a currency. DONK is inspired by popular internet memes and aims to bring fun and joy to the crypto community.

 

DONK is compliant with German tax and legal regulations and has obtained a legal opinion from a reputable law firm. DONK does not market itself as a security or an asset that can appreciate in value. DONK is a meme coin that has been created with the sole intention to entertain people and make them laugh. DONK is a meme coin that has no intrinsic value at all. The DONK token is completely useless and for entertainment purposes only.

 

The whitepaper is for informational purposes only and does not constitute an offer or solicitation to sell or buy any securities or assets. This whitepaper does not constitute legal or financial advice and should not be relied upon as such. The information in this whitepaper is subject to change without notice and may not be accurate or complete at any given time.

 

DONK is a decentralized token that was created for entertainment purposes only. It is not intended to be an investment opportunity or a currency. DONK does not guarantee any returns or profits from holding or using its tokens. DONK holders are solely responsible for their own actions and decisions regarding their tokens.

 

DONK is subject to various risks and uncertainties, such as market volatility, regulatory changes, hacking attacks, technical failures, etc. DONK holders may lose some or all of their tokens due to these risks and uncertainties. DONK does not assume any liability or responsibility for any losses or damages incurred by its holders or users.

 

DONK holders are advised to do their own research and due diligence before acquiring or using its tokens. DONK holders are also advised to consult with their own legal and financial advisors before engaging in any transactions involving its tokens.

 

In your country, cryptocurrencies might not be regulated. Cryptocurrency prices are subject to change. Depending on the rules in your country, you might be required to pay taxes on your cryptocurrency earnings.

 

This whitepaper alone does not constitute a contract of any type, nor does it constitute an invitation, solicitation, or offer to invest in the token or to acquire or use tokens in any manner or for any purpose.

 

Any user of DONK represents and certifies that they have obtained the necessary technical, administrative, regulatory, and legal counsel before to accessing, reading, or using any part or component of BOSSPEPE, including the token, as well as after doing so. The user expressly understands and agrees that utilizing any blockchain and/or cryptocurrency system, token, platform, software, or interface, including DONK, has a high risk by nature and further disavows any claim of any.

 

Uncertainties in the tax laws linked to digital currency could expose token holders to unanticipated effects like retroactively applying or to be applied in the upcoming. Before making any selections, each prospective DONK buyer should assess their own personal appetite for risk and measure that against the advice of an independent financial advisor. Before deciding whether buying DONK tokens would be in line with their risk profile, readers of this whitepaper may also need to seek the advice of a tax expert, accountant, lawyer, or another professional in order to fully satisfy themselves regarding any unresolved issues related to how the DONK platform is set up and run.

 

In your country, cryptocurrencies can be unregulated. Cryptocurrency values may increase as well as decrease. Profits

 

By acquiring or using DONK tokens, you agree to accept all the terms and conditions stated in this whitepaper and on the DONK website (www.DONK.ARMY). You also agree to abide by all the applicable laws and regulations in your jurisdiction regarding cryptocurrencies a

 

Scope

 

As you utilize and navigate DONK Website, ensure that you read the entire Terms of Service, the relevant terms and conditions, and all other related information. It is required of you to go through, acknowledge and agree to all the terms in this Agreement, the Privacy Policy, the Referral Terms, and the Code of Conduct of DONK. The Cookie Terms we integrated into the Privacy Policy. You acknowledge that these Terms of Service shall be related to whenever you utilize DONK Website, the services, and applications rendered by DONK, and any of the products we make in order to facilitate accessibility in interaction with the DONK Website.

 

Eligibility

 

You will abstain from using the DONK Website or any of its services or applications if you:

 

are banned from any type of lawfully restricting contracts;

or have not attained the age of 18 years;

or if you are a person or entity forbidden or debarred from receiving the services of DONK under the laws or regulations of Germany or any other appropriate jurisdiction;

or if you are a person or entity forbidden or debarred from receiving the services of DONK under the rules of your country of origin;

or if you are banned from using DONK

Except as expressly provided in these Website conditions, we make no representations or warranties as to the accuracy, sufficiency, or completeness of the information on this Website, and we make no commitment to keep such information up-to-date. We are not responsible for any loss or damage you may incur as a result of your reliance on the material on this website, to the fullest degree permitted by applicable law. It is your duty to make sure that any malware, viruses, or other harmful components that might be transmitted while using this website are prevented from infecting your computer or another device. Always keep your Antivirus software and the software of the OS up to date. Also, be careful not to click on any phishing links in emails or where ever.

 

 

 

Using DONK

 

During the use of the DONK, you agree that you will not:

 

post content that is inappropriate in nature on our services and websites;

post content that is categorized in the wrong areas on our website and services;

infringe or violate any laws or regulations, any third party rights, or any of our policies;

fail to pay or clear the dues for the services rendered to you, unless and until DONK really changes DONK Services provided or in the event an unequivocal typographical error has been made;

manipulate or dodge our fee structure, the charges owed to DONK, or the billing process

work with falsified, incorrect, unreliable, inconsistent, inaccurate, hostile, offensive, or defamatory content;

post or distribute spam, mass junk letters, mass electronic communications, pyramid schemes, or fraudulent business models;

distribute any type of viruses or any other form of technologies that may actually or potentially harm DONK, the Website or the property or interests of the DONK users (including the Intellectual Property Rights, publicity, and privacy rights attributable to them) or is unlawful, illicit, threatening, mean, abusive, libelous, slanderous, defamatory, intrusive of one’s privacy,  obscene, indecent, profane or which may cause harassment or distress or inconvenience or nuisance to, or provoke hatred in, any person;

attempt to change, modify, adapt, alter, translate, edit, disassemble, decompile, or reverse engineer any part of or the entire software program(s) utilized by us in relation to the DONK Website and applications;

attempt to copy, alter, modify, or disseminate/distribute content or rights from the DONK Website or the DONK’s trademarks and copyrights; or

harvest, compile, or otherwise gather any information about the Users, including but not limited to their email addresses, without obtaining their consent or agreement.

 

 

 

 

Intellectual Property Rights Infringement

 

As a matter of policy, we keep up a procedure to respond and clear notices of supposed intellectual property rights infringement(s).. As part of our Copyright Infringement approach, we make the process of submitting notices of alleged violation or infringement as straightforward as possible. We investigate such claims upon notice and reduce the number of notices subsequently that are fraudulent in nature or difficult to decipher. We don’t tolerate such behavior and we will exclude Users from our service who violate or infringe others’ Intellectual Property Rights.

 

If you are of the opinion that your Intellectual Property Rights have been violated or infringed, then please notify us via info(at)DONK.ARMY.

 

Content and obligations

 

You warrant and represent that your content / You warrant and represent that You:

 

will not infringe or abuse or disregard, any patent, copyright, pattern, trade secret, trademark, or any other form of intellectual property right, right of publicity, or proprietary right of any entity or person, or the trade secrets of a third party, or the third party’s rights of privacy or publicity, or the content shall in no manner be fraudulent or include the sale or purchase of stolen or counterfeit products;

will not violate or act in contravention of any law or regulation;

will not be fraudulent, defamatory, or libelous in trade;

will not be vulgar, obscene, or in any form contain child pornographic or other illegal content;

will not contain in any form the design, development plans, production schemes or manufacturing details of weapons, or chemical, nuclear, or biological bombs;

will not contain any form of material or software which is linked to war activities including but not limited to cyberwar;

will not contain in any form of material that is linked to any kind of terrorist activities;

will not include or provide an incomplete, falsified, or inaccurate form of information about the User or any other individual person or entities; and

will not contain any form of viruses, malware, spyware, or any other computer programming software or routines that may potentially or actually cause damage in any form or are intended to detrimentally interfere with, covertly intercept or surreptitiously expropriate any data, system, company or personal information.

is not blatantly harmful in nature, or will not cause harassment, is not blasphemous in nature, or is not defamatory, is not slanderous, is not offensive, is not obscene, is not vulgar, is not pornographic, is not pedophilic, is not libelous, or is not intrusive of another person’s privacy, is not hateful, or not racially offensive, or not ethnically objectionable, does not disparage other individuals or businesses, does not relate to or encourages money laundering in any form, or does not promote gambling, or does not otherwise any other unlawful activity in any manner whatsoever; or will not unlawfully threaten or will not unlawfully harass which includes but is not limited to “indecent representation of women or any other community”;

is not misleading or deceptive in any manner;

is not grossly offensive in nature to the community both online and offline, including but not limited to sexually explicit and vulgar content, or that the content does not promote obscenity, pedophilia, any form of racism, hatred, bigotry, or causes physical or psychological harm of any form or kind against any individual or group;

does not contain any restricted, password-only, or prohibited access pages, or pages or images that are hidden (those that are not linked from or to any other accessible page);

does not provide any form of material that exploits or affects people in a violent, sexual, or otherwise in an inappropriate manner or solicits/seeks personal or intimate information from anyone;

does not provide in any form instructional information about any kind of illegal or unlawful activities including but not limited to buying or making illegal weapons, invading someone’s privacy, or attempting to provide or create any form of computer viruses;

does not contain photographs, videos, or images of any other person, individual, or entity (whether with a minor or any adult).

does not solicit or engage in gambling or any activity of the same nature which DONK, in its sole discretion, believes that could be understood or construed as being unlawful or illegal;

does not interfere or impede with any other User’s use, utilization, or enjoyment of the Website or such similar services;

does not refers to or provide any Software, Website, URL, or link that, in the sole discretion of DONK, contains any form of material that in its form is inappropriate or improper for the Website or any other Website, and further contains material or content that is prohibited or in any manner violates these Terms of Service.

does not harm or cause hurt for minors in any form;

does not violate any regulation or law which is in force at the time of the use of the Website;

will not impersonate himself as any other person;

does not contain any form of software viruses or other forms of computer code(s), programs or files that are designed to impede, interrupt, limit, or destroy the functionality or working of any computer resource; or in any form contains trojan horses, malware, cancelbots, time bombs, worms, easter eggs or other forms of computer programming routines, which may damage, diminish the value of, detrimentally interfere with, or surreptitiously intercept and covertly expropriate any data, system or personal information;

will not threaten the integrity, unity, security, or defense, etc. of the Federal Republic of Germany or any other nation, or friendly and amicable relations with other foreign states, or threatens the public order or further incites the commission of any offense that is cognizable or impedes the investigation of any kind offense or insults any other nation.

won’t, either directly or indirectly, attempt to offer, offer, trade, or attempt to trade any form of service, the offering or trading of which is expressly restricted or prohibited in any manner under any applicable law, rule, regulation or guideline which is in force at the time of the use of the Website.

does not harass or promote the harassment of any other entity or person;

won’t involve in the dissemination or transmission of “junk mail”, “chain letters”, “unsolicited mass mailing” or “spamming”;

won’t promote illegal or unlawful activities or abusive, obscene, threatening, defamatory, or libelous conduct;

won’t infringe any third party’s rights [which includes but is not limited to, the Intellectual Property Rights or the right to privacy (including but not limited to unauthorized or unwarranted disclosure of an individual’s or an entities information such as the name, physical address, email address or the phone number) or the individuals or entities rights of publicity];

won’t promote or advocate an illegal or unlawful or unwarranted copy of another person’s or entity’s copyrighted work (refer to “Copyright complaint” provided below for the instructions on how to proceed or lodge a complaint in relation to an uploaded copyrighted material), including but not limited to providing pirated versions of computer programs or links to access them, or providing information which enables circumvention of manufacture-installed “copy-protect devices or software”, or provides a pirated form of music or links to access such pirated music files;

won’t try to access in an unauthorized manner or violates the scope of the authorized access to either the Website or to the profiles, communities, blogs, account information, friend request, bulletins, or any other area(s) of the Website or further solicits the passwords or any form of personal information for either commercial or illegal purposes from other users;

won’t take part in or undertakes commercial activities or sales, without our prior written and signed consent from us, for activities such as contests, barter, sweepstakes, pyramid, and advertising schemes, or the selling or buying of “virtual” products that are related to the Website;

will not create or cause liability for the Website against other services or cause us to lose either in whole or in part the services that our internet service provider (“ISPs”) provides us. The same shall apply to our other suppliers also;

will not utilize any type of “robot”, “deep-link”, “page-scrape”, “spider” or other forms of the automatic device, algorithm, software or methodology, or any other similar or equivalent manual or computerized process, to acquire, access, monitor or copy the Website, any part of the Website or any of its content, or in any manner bypass or reproduce the navigational presentation or structure of the Website or any of its content, or to either attempt to obtain or obtain any materials, information or documents through some other methods not purposely made available by us through the Website. We reserve the right to bar any form of such activity.

shall under no circumstance attempt to gain unauthorized access to either any portion or any feature of our Website, or any other ancillary systems or networks that are connected to our Website or to any other server, network, computer, or to any of the other services that are offered through or on the Website, by “hacking”, or password “mining” or any unlawful or illegitimate activities.

shall not scan, probe or test the strength of our server security concept or the vulnerability of our Website and applications or any other network that is associated with our Website nor shall you breach the authentication or security efforts on our Website or any other network that is connected to our Website. You shall not “reverse look-up”, seek to trace or trace any form of information on any visitor or any other User of the Website, or any Employer, including but not limited to any account on our Website that is not owned by you, or further exploit our Website or any of our service(s), applications or information that is made available or is offered through or by the Website, in any manner where the intention or purpose is to disclose or reveal any other information, which includes but is not limited to the personal information or identification, other than your own information or identification as provided for or by our Website.

will not make any form of a negative, slanderous, or denigrating comment(s) or statements about Us or the domain name or brand name that is potentially used by Us, or otherwise will not take part in any action or conduct that might potentially or actually tarnish the reputation or image of the Website or otherwise dilute or tarnish any of our service marks or trademarks, trade names, or another name that is associated with our service mark, trademarks, or domain name, trade name as may be used or owned by us. You agree that under no circumstance you will take any action or activity that nonsensically and disproportionately causes a large load on the server structure of our Website or the systems or networks that we use, or any ancillary systems or networks that are associated with us.

concur that you will not utilize any kind of gadget, routine, or software to attempt to interfere or actually interfere with the proper and general working of our Website, its applications, and its infrastructure or any other transaction that is being conducted on our Website, or with any third person’s use of our Website.

will not forge the headers or otherwise change or manipulate the identifiers of the Website with the intention to camouflage the root of any of the messages or transmittals that you send to the Website through or on the Website or any of the services offered through or on the Website and its connected applications. You shall neither pretend nor represent that you are somebody else nor impersonate any other entity or individual.

will not use our Website or any of our content either for purposes that are unlawful, illicit, or disallowed by this Agreement (Terms of Service), or to further solicit the performance or materialization of any illicit/unlawful action or any other activity which infringes or abuses the rights of the Website and/or others

will at all times make sure that you completely comply with the applicable local laws, regulations, and rules in your country of residence and any other applicable provision under the laws of the Federal Republic of Germany as altered once in a while in relation to your use of the services we provide.

empower Us to solely use or utilize the information that you supply to Us on our publicly accessible Website, so that we do not violate any of your rights that you may have in that Information, and you further consent to allow Us a worldwide, non-exclusive, irrevocable, perpetual, sub-licensable (through multiple tiers), royalty-free right to exercise the publicity, copyright, database rights or any other form of rights that you have in the Information that you provide us with, on our public accessible Website that is known or might come to the knowledge on a later date, with respect to your Information. We will only use the information you provide us in accordance with these Terms of Service and the Privacy Policy that is applicable to the use of our Website. We will never publish any confidential Information of you given in private or business-related messages over DONK nor will we publish, use, copy or distribute any of your confidential information.

we have the right, but are under no form of commitment, to monitor or check the material(s) or content that is posted on our Website. The Website will have the privilege and sole discretion to proofread and edit or remove any form of content that violates or appears to infringe, any applicable rule, regulation, law, or either these Terms of Service. Despite this foregoing, you will remain exclusively responsible and accountable for the content and material that you post on the Website.

Please be informed and educated that the form of content published on our Website does not necessarily showcase or mirror our perspectives or opinions. By no means shall our Website have any or assume to have any liability or responsibility for any content that is posted on our Website. Under no circumstances shall we be liable for any damages, claims, or losses that result from the utilization of the published content or the appearance of the posted content on the Website. You hereby guarantee and represent that you have all the necessary rights in and for all the content that you provide and further all information that it contains shall not abuse or violate any proprietary rights or another form of rights of any third party or contain any slanderous, tortious, abusive or otherwise unlawful/illicit information.

In the general utilization of the Website, it is conceivable and likely that any other user or users (including “unauthorized users” or “hackers”) may transmit or post content that is offensive or obscene in nature and that you may be unwanted accidentally exposed to such obscene and offensive materials. We scan our services to prevent those things like the aforementioned happen but we can not give a guarantee for this.

It is additionally conceivable that other users might get your personal information from the Website due to your utilization of the Website, and it is also conceivable that the recipient of such information might utilize it to harm or harass you. It is hereby expressed that we do not approve or endorse such unauthorized uses, but if such a circumstance might happen due to the utilization of the Website, you concur and acknowledge that we are under no condition responsible for the unwarranted utilization of any information (personal) that you have publicly posted or shared with others on the Website. It is brought to your notice that you should please remain cautious while choosing the kind and type of information revealed or shared publicly on the Website.

If we endure any harm or damages because of your involvement or association in any manner whether alone or via other people and groups inadvertently or purposefully in DoS/DDoS(“Distributed Denial of Services)  , we shall have all the rights to take necessary action and claim such harms or damages arising out of such support or involvement

The Website may contain links to other “third-party websites”. It is hereby expressed that we do not practice any type of control on the “third party websites” which we link from our Website. We neither endorse the content, services, products, practices, performance, or policies of these “third-party websites” that we link to from our Website nor do we know the content of these “third-party websites”. Any utilization of these “third-party websites”, or any other form of third-party content is exclusively at your risk.

Your Content in our Services

 

By using the Website, you agree that any information or material you provide to us will not be considered confidential or proprietary, and we are authorized to use such material without any limitations. Additionally, you assign all copyright of the material to us when you submit it to the Website.

When you upload, store, submit, receive, or send content to or through our Services, you agree to grant DONK (and all those who we work with) a global license to host, store, communicate, and disseminate such content.

In the event that you submit your feedback through our Website or our social media to implement new functions or other improvements to the Website, you grant DONK the absolute, exclusive, perpetual, spatially unrestricted, royalty-free, with the rights to sub-license (multi-tier licenses), to make derivate works, reproduce, distribute, modify, publicly display and perform in any medium or form, whether presently known or developed later on, and make, have made, sell, use, offer for sale, import and further exercise any or all the present rights or the future rights in that feedback given. You waive all the rights in case you submit feedback-related content on our Website.

Account Terms

 

You are exclusively responsible for keeping up the security of your account and account credentials. The total and final responsibility for any non-financial and financial transactions undertaken via your account stays with the Account holder in any case if these transactions were approved or not. All payments due are to be settled immediately, it is your responsibility to ensure the security of your account credentials, and it is your responsibility if any harmful transactions happen if you are not able to maintain the security of your account.

 

The Website will not and cannot be held liable for any form of damage or loss from your failure or inability to comply with the security obligations in this Terms of Service agreement. We use state of the art technics to protect your passwords. We recommend you use strong passwords and enabled 2fa in combination with secure and trusted password manager software.

 

You are exclusively responsible for all the content added by your account to DONK and any other activity that happens within your account;

You will not under any circumstance use DONK for any unlawful or illegal purpose or to infringe/violate any laws or regulations (which includes but is not limited to copyright laws);

When a User makes a purchase through the Website, it is considered (i) a direct purchase from DONK in case of virtual land sale or other digital assets or (ii) a transaction between the User and the Payor. Our role in this transaction is sole as a facilitator, as we provide the Service to both parties. We receive a commission for providing specific components of customer service, moderation, and other services. It is within our right to modify the commission at any time and for any reason. All payments made through DONK are managed by us to ensure a consistent User experience and for everyone’s convenience.

Business uses of our Services

 

DONK is intended to be a game for private persons but reserves the right to enhance its purpose to include services for businesses at a later time. Users acknowledge that DONK is intended primarily for entertainment purposes and that any interactions between users are social or recreational in nature. DONK makes no representations or warranties regarding the classification of the platform, and users are solely responsible for ensuring compliance with any applicable laws or regulations. DONK reserves the right to modify or discontinue the platform at any time, without notice.

If you use our services on part or behalf of any commercial or business entity, that business also consents to and accepts these terms. That business or commercial entity shall hold harmless and further indemnify DONK and its officers, affiliates, agents, or employees from any form of claim, action, or suit arising from or in any manner related to the utilization of our Website and its services or for violation or infringement of these Terms of Service, including any expense or liability arising from losses, claims, damages, judgments, suits, litigation costs or attorneys’ fees. Please note that DONK starts as a game and should be viewed as such.

Tax

 

Taxation may apply to transactions involving digital assets or transactions on DONK, whether they are made between authorized users or between us. Users are solely responsible for any tax liabilities stemming from their use of the Website or the token DONK and are liable for any related consequences.

 

16.Right To Refuse Service

 

We may cancel, suspend or terminate your account at our sole discretion with immediate effect but mainly if:

 

we ascertain that you have breached or violated, or are further acting in the breach of, this Terms of Service;

we ascertain that you have breached or violated any law or are further acting in breach of any law;

we ascertain that you have breached or violated any legal liabilities (potential or actual), including but not limited to infringing a third party’s Intellectual Property Rights;

we ascertain that your actions or activities are resulting in a violation or breach to us;

we ascertain that we are required to do so under law;

we ascertain that you are engaging in, or have engaged, in illegal or fraudulent, activities;

we ascertain that you cause any form of risk of loss to us, or a User, or any other person; or

For other similar reasons.

Closing Your Account

 

You can choose to close your Account or Entity Account and can do so at any time by dropping us an email   at info(at)DONK.ARMY, provided that:

 

Privacy

 

Your privacy and personal information are of uttermost importance to DONK. Any of your private or personal details shall only be utilized or used by DONK in accordance with the Privacy Policy maintained by us.

If you do not acknowledge, agree, or accept any part of DONK’s Privacy Policy or Terms of Service in any way, then kindly refrain from utilizing the services provided by DONK.

Indemnity AND EXEMPTION

 

You shall protect us (and our directors, officers, employees, and agents) against any sort of request or entitlement regardless of whether it is legally justified or not, including any reasonable expenses and fees that emerge due to or out of your action(s) that violate or contradict this Agreement, other Users or third party rights including but not limited to Intellectual Property Rights or further if you breach or infringe any applicable laws while using the DONK Services and DONK’s Website or applications.

 

Security

 

We’re dedicated to keeping all the confidential information and data that you supply to us defend. Further, we endeavor to keep your confidential information and data secure. Ensuring that your privacy and personal information are protected and guarded is a top priority at DONK. We have undertaken vigilant, nuanced procedures to safeguard and protect your confidential information. We continually analyze, review and improve the protection and security of our applications and our Website.

 

You must immediately inform us upon becoming alert or wary of any type of unauthorized use/activity or any other kind of safety breach to DONK Services or the Website and undertake all those activities that can diminish the danger of a safety/security breach or unauthorized access. Help Us to understand the issue and to investigate such breaches together with appropriate authorities and to conserve and ensure evidence.

 

You are solely accountable and responsible for safeguarding and protecting your password. We shall not be held accountable for any type of harm or damage that emerges from such unauthorized access consequential to or resulting from your inability to protect the password of your account.

 

You are solely accountable and responsible for sharing any Information or materials with other Users. You are also solely accountable and responsible for sharing any Information or materials with the public if you decide to publish such data on our Website.

 

Limitation Of Liability

 

Under no circumstances shall we be held liable for:

 

any consequential, unintended, distinctive or other related damages that may occur;

any damage or harm to business, profits, or income (direct or indirect) that you may experience;

any damage, loss, or claim which may be suffered by you as a consequence of any of your exchanges, transactions or dealings on the Website with third parties or other Users.

Our Warranties and Disclaimers

 

We give our sites utilizing a monetarily sensible dimension of aptitude and care and we trust that you will appreciate utilizing them. However, there are sure things that we don’t guarantee about our Website.

 

OTHER THAN AS EXPLICITLY SET OUT IN THESE TERMS OF SERVICE OR CONDITIONS OR ADDITIONAL TERMS, NEITHER DONK NOR ITS DISTRIBUTORS OR SUPPLIERS MAKE ANY FORM OF SPECIFIC GUARANTEES ABOUT THE SERVICES. FOR EXAMPLE, WE NEITHER MAKE ANY OBLIGATIONS ABOUT THE CONTENT WITHIN THE SERVICES NOR THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR AVAILABILITY, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

 

Certain jurisdictions accommodate certain guarantees, similar to the suggested guarantee of merchantability, qualification for a specific reason and non-infringement. to the degree allowed by law, we avoid all guarantees.

 

NO WARRANTY AS TO THE WEBSITE CONTENT:

 

The content on the Website is subject to alteration/modification/ change as and when required at the sole discretion of DONK without any prior hint or notice. We neither impliedly nor expressly regulate nor control the information that is published on the Website by Users or third parties. You concur and acknowledge that some information that might be posted on the Website by any Users may be harmful, offensive, misleading or inaccurate, or deceptively labeled or mislabeled, and under no occasion is the Website liable for it or associated with such information in any way.

You concur that the operation and running of a Website is a complex and elaborate task and because of some unplanned or human blunder we might put content on the Website which can be possibly viewed as harmful, offensive, inaccurate or mislabeled or misleading, or deceptively labeled. You concur and acknowledge that you shall inform us about such content in the first instance instead of taking any legal recourse against Us or our Users and upon review, we may remove such content.

The Website, our services, and all the content on the Website are provided on an “as is”, “with all shortcomings, and “as available” basis and without any guarantees either directly or indirectly. Without limiting the aforementioned in any manner, we give no warranty about the service, content, products, security, privacy of data or any ancillary matter that is incidental to the Website or the operation of the Website other than the liability that might be incurred due to negligence of our employees. We continuously scrutinize and monitor our services in order to improve and secure our Website so that nobody will suffer from any harm due to the utilization of our Website.

Relationship with DONK

 

Nothing in this Agreement should be construed or is intended to build a joint venture, partnership, Employer/employee or franchisor/franchisee relationship between a User and DONK.

 

You further recognize, concur, acknowledge and comprehend that DONK is not in any way a party to any of the dealings or any type of relationship between the Players. Without any kind of limitation, the Users are exclusively and completely responsible for

 

ensuring the lawfulness and exactness of any or all of the User Content,

ascertaining the eligibility or appositeness of the other Users for any Contract,

Moreover, you acknowledge, agree, accept and comprehend that:

 

you are not in any manner an employee or representative of DONK, and you are not eligible, entitled, or qualified to claim any of the benefits or rights of employment or representation including but not limited to unemployment compensation insurance or any other social insurance;

We shall be under no form of duty: (i) to retain and maintain in confidence any comments or feedback; (ii) to reimburse you in any form for any of the Comments; or further (iii) to respond, monitor or reply to any of the Comments. We are under no obligation to publish your comments or feedback and can delete them at any time without notice.

 

You concur, acknowledge and comprehend that the Comments that you submit or reveal to the Website will in no way abuse or infringe this Terms of Service or the rights of a third party, which includes but is not limited to intellectual property right(s), i.e. copyright, privacy, trademark or another proprietary or personal right (s), and furthermore shall not cause any type of harm or damage to a third party or any other User.

 

In addition, you agree, accept and comprehend that none of the Comments that you submit or reveal to the Website shall in any way be slanderous, hostile, defamatory, or otherwise threatening, unlawful, abusive, or obscene. You also recognize and understand that such Comments ought not to contain any kind of malware, software viruses, adware, or any material related to any form of political campaigning, commercial solicitation, chain letters, mass mailings, or any other sort of “spam”.

 

We own the exclusive and total right to use the Comments you submit or reveal to the Website and furthermore retain the right to utilize the name in association with such comments in. You acknowledge, concur, and understand that you will not utilize a false or fake email address, impersonate any entity or person, or otherwise misinform/deceive DONK about the wellspring or source of the Comments that you submit or reveal.

 

You shall remain solely and totally responsible for the material, content or information in any of the Comments that you submit or uncover on DONK. Furthermore, you agree, accept and understand that you will indemnify Us and all our affiliates for all the claims that are a consequence of the Comments that you submit to the Website. We and our subsidiaries neither will assume any liability nor accept any risk for the Comments that are submitted by you to us or to any other third party.

 

Termination:

Any User can terminate their Account at any particular point in time by intimating the same to Us through the “Legal Notice & Contact” link that is provided on the Website. We will disable your Account first to check if we need to keep the data for the evidence of financial transactions on Our Website or for law purposes. We will delete your data immediately when we do not need the data anymore or if the applicable law allows the deletion of the data. We will make sure that we identify you as a person and your wish to delete your account as all digital items attached to the account will be lost in that case as well. We will first suspend your account to check all carefully and also to give you some time to reconsider your decision.

 

DONK at its sole discretion is at liberty to terminate, suspend or cancel your right to use our services at any point in time and without serving any notice to you.

 

In the event that your Account gets canceled, terminated, or suspended, you shall no longer have the authority to access that part of the Website which is affected by such cancellation, termination, or suspension. Further, all the limitations that are levied upon you in relation to the material sourced or downloaded from DONK and the limitation on the responsibilities and liabilities as laid down in this Terms of Service shall continue to subsist and shall continue to bind you even after the cancellation, termination or suspension of your Account.

 

Without restricting the foregoing in any manner, we might suspend, limit or debar you from accessing DONK:

 

If we ascertain that you have violated, infringed, or breached or are acting in violation or breach of this Terms of Service;

If we ascertain that you have actually or potentially contravened, infringed, breached, or violated any legal or statutory obligation in relation to your Account on DONK;

If we ascertain that you have been an accomplice to or were involved or engaged in, or are currently acting as an accomplice or are engaging in any unlawful, fraudulent, prohibited, or illegal activities;

In order to manage any kind of potential risk to Us or any other User or a third party;

For any other similar reason as determined to fall under the purview of this clause or section by Us in our sole discretion.

If you are found to be in breach or violation of these Terms of Service, then you may also be liable to pay an amount in accordance with the damages or loss suffered by Us.

 

 

Account data on closure

 

Except when required or stipulated by law, if your Account is terminated, closed, or suspended due to any form of violation of this Terms of Service or on the basis of any other grounds mentioned in the Terms of Service or for any other ancillary reason determined by Us in our sole discretion you shall not be able to access any files, data, digital assets, virtual land, chats, messages or any other material you store on the Website.

 

Any closure, termination, or suspension of your Account might include the clearing or deletion of the entire or certain portion of the content or material that is stored on the Website and in your Account.

 

We shall have no form of liability or responsibility for any of the deleted content. DONK in its exclusive and complete discretion and as required, stipulated, and allowed by law may retain all or some portion of your Account information and data.

 

Jurisdiction Limitations

 

If the limitations laid down in this Terms of Service are prohibited or are further limited by any jurisdiction or law, then DONK reserves the right to request the application of such limitations under this Agreement to the maximum extent permissible by such jurisdiction or law.

 

No Class Actions

 

You and DONK, both acknowledge and agree that the nature of the claims that are allowed to be brought under this Terms of Service shall only be on an individual basis. Neither you or DONK are allowed to bring any form of action under this Terms of Service as a class member of any purported classes in any form of representative action or in any proceeding.

 

Unless agreed and accepted by both you and Us, the representative of the indictment might not join or consolidate more than one party’s or person’s claims and might not otherwise chair/ preside over any consolidated, class, or representative proceeding. Moreover, the representative of the indictment might award relief(s) (including injunctive, monetary, and declaratory relief) only in favor of the individual party that is seeking relief and only to that extent as is necessary to provide the relief necessitated by the party’s individual claim or claims. Any form of relief awarded cannot in any manner affect other Users.

 

Refund Policy:

 

Please read this policy carefully before making any purchase.

 

Digital Items: Under German law, digital items are excluded from the right of withdrawal under specific circumstances. This means that once you have purchased a digital item on DONK, you cannot cancel your order or receive a refund. Please ensure that you are completely satisfied with the product before making a purchase.

Contract Start: By purchasing a digital item on DONK, you agree that the contract between us begins immediately upon purchase. As such, there is no cooling-off period or right of withdrawal, and all sales are final.

Exceptions: In the unlikely event that there is a problem with the payment gateway of the purchase or if the digital item that you have purchased has a technical issue, please contact our customer service team within 14 days after purchase. We may, at our discretion, consider offering a refund or replacement. This does not affect your statutory rights under German law.

Contact Us: If you have any questions about our refund policy, please do not hesitate to contact us.

We hope that you enjoy your digital items purchased on DONK and appreciate your understanding of our refund policy. As we prepare our system for integrating blockchain technology a refund might be not even possible due to technical reasons in the future.

 

Severability

 

If any term, clause, condition, or provision of this Terms of Service is held by a court of competent jurisdiction to be invalid, void, or unenforceable, both the User and DONK agree and accept that the intent that such provision may be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Terms of Service shall in no way be affected, impaired or invalidated as a result.

 

Interpretation

 

Titles or Headings of this Terms of Service are only for reference purposes and shall in no way define, limit, describe or construe the degree or range of such section.

 

No Waiver

 

No waiver or default on behalf of DONK shall be implied from any omission or failure to take action against you or any third party under this Terms of Service. One or more waivers of any covenant, terms, or conditions of this Terms of Service by us shall not be considered to be a waiver to render unnecessary our consent or approval of any such subsequent or similar acts or omissions. This section is not intended to restrict your accountability or liability due to any fraud or deceitful misrepresentation.

 

ASSIGNABILITY

 

Under no circumstance will you transfer or assign the rights or obligations under these Terms of Service to any third party, until and unless the duly signed written consent of DONK has been obtained on the same? Such signature shall be of an authorized representative of DONK. Any attempted transfer or assignment of rights or obligations under this Terms of Service shall be an infringement and violation of this section or clause and to that effect shall be null and void.  Subject to all the foregoing restrictions, these Terms of Service are binding upon and will inure to the benefit of the heirs, successors, and permitted assigns of the parties. DONK reserves and has the full liberty to freely assign or transfer these Terms of Service without any consent of the User and will not be bound by the foregoing.

 

MODIFICATION OF TERMS & CONDITIONS OF SERVICES:

 

The discretion to amend or modify the Terms of Service of the Website, at any point in time, shall rest with Us and it is not incumbent upon Us to notify you of any such amendment or modification. The updated version of this Terms of Service may be accessed by you at any point in time through our Website. You are advised to regularly update yourself with the Terms & Conditions of this Terms of Service available on our Website. You are further advised to discontinue availing our service(s) if, at any point in time, you disagree with our amended or modified set of Terms & Conditions in this Terms of Service. Upon continuing with the amended or modified Terms & Conditions in this Terms of Service, you shall not only be deemed to have agreed and accepted the said Terms & Conditions in this Terms of Service but shall also abide by the amended/modified set of Terms & Conditions of this Terms of Service. Without restricting the foregoing DONK will notify you of updates or changes to this Terms of Service in the notification list in your User Account.

 

Force majeure:

 

We shall not bear any form of liability to you related to anything that might be a result of any such circumstances that are beyond our reasonable control and which might result in any actual or potential breach of the above terms in this Terms of Service. This may include but shall not be limited to the following (a) Act of god (b) civil unrest (c) paucity of supplies, equipment, and materials (d) Computer hacking (e) strikes and lockouts (f) malicious damage (g) accident (h) sabotage (i) riot (j) natural calamity.

 

Communications

 

You agree to receive/accept all material(s), data, and announcement(s) which are related to our Website, its services, and applications via electronic discourse.

 

Law Forum For Legal Disputes

 

This Terms of Service shall in all matters be governed by the laws, rules, and regulations of Hamburg, Germany. In the event that a dispute is not resolved by any of the methods mentioned in this Terms of Service then both the User and DONK irrevocably accept and submit to the exclusive, complete, and absolute jurisdiction of the Courts of Hamburg, Germany. Legal disputes with DONK will be settled in Hamburg, Germany.

 

Feedback

 

You might reach out to us at info(at)DONK.ARMY in case of any type of inquiries related to this Terms of Service or any kind of breaches you would desire to report under this Terms of Service.

 

Stand: 29.12.2023

 

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