Pudgy Penguins IP
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Privacy Policy
At DoYouMoose, we take your privacy seriously.
This Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you use our online marketplace, which offers both physical goods for delivery and NFTs. By accessing and using our platform, you agree to the collection and use of your data in accordance with this policy.
Please read this Privacy Policy carefully to understand how your information is handled.
1. Information We Collect
We collect different types of information based on how you interact with our platform:
- Account Information: When you create an account, we collect personal information such as your name, email address, shipping address, and payment details.
- Transaction Data: We collect information about your purchases, including the physical goods you buy, NFTs you acquire, and related transaction details (e.g., blockchain wallet addresses, order history, payment confirmations).
- Payment Information: For physical goods and NFTs, we may collect payment details, including credit card numbers, billing addresses, and other necessary billing information.
- Usage Data: We collect technical data about your interactions with our platform, such as IP addresses, browser types, device identifiers, pages you visit, and actions you take on our website (e.g., clicks, searches, etc.).
- Cookies and Tracking Technologies: We use cookies and similar tracking technologies to analyze website traffic, track preferences, and enhance the user experience.
- User-Generated Content: Any content you upload to our platforms, (such as, but not limited to) submissions, creations, messages, or reviews, may be collected.
2. How We Use Your Information
We use your information for the following purposes:
- Processing Orders and Transactions: To process your purchases, manage deliveries, and facilitate the sale of NFTs and physical goods on our marketplace.
- Account Management: To create and maintain your account, manage your profile, and communicate with you about your account status and activity.
- Improving User Experience: To enhance and personalize your experience on our platform, including recommending relevant NFTs or products based on your preferences.
- Payment Processing: To securely process payments for physical goods and NFTs. Third-party payment processors may be used, and they will collect and process your payment data.
- Marketing and Communications: To send you promotional emails, offers, and updates related to our marketplace, products, or NFTs. You can opt-out of marketing communications at any time.
- Legal Compliance: To comply with applicable laws, regulations, and requests from authorities, and to prevent fraud, security threats, and other illegal activities.
3. How We Share Your Information
We may share your information with third parties in the following circumstances:
- Service Providers: We may share your information with trusted third-party service providers who help us operate our marketplace, process payments, fulfill orders, or send marketing communications.
- Payment Processors: For transactions involving physical goods or NFTs, payment processors may need your payment information to complete the purchase.
- Blockchain Transactions: When purchasing NFTs or engaging in blockchain-based activities, your wallet address and blockchain transaction data are visible to others on the public blockchain ledger.
- Legal Requirements: We may disclose your information in response to valid legal requests, such as a court order or government inquiry, or to protect the rights, property, and safety of DoYouMoose, our users, or the public.
- Business Transfers: If we are involved in a merger, acquisition, or sale of assets, your personal information may be transferred as part of the transaction.
4. Security of Your Information
We take reasonable security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is fully secure, and we cannot guarantee absolute security.
5. Your Rights and Choices
- Access and Correction: You have the right to access and update your personal information. You can manage your account details and update your preferences directly from your account settings.
- Opt-Out of Marketing: You may opt-out of receiving marketing communications from us by clicking the “unsubscribe” link in marketing emails or contacting us directly.
- Cookies Management: You can control cookies through your browser settings. If you disable cookies, certain features of our platform may not function as intended.
- Right to Erasure: You may request that we delete your account and personal information, subject to applicable legal requirements.
6. Data Retention
We retain your personal information only as long as necessary for the purposes outlined in this Privacy Policy, or as required by law. This includes retaining transaction data for legal and financial reporting purposes, even after you have closed your account.
7. International Transfers
DoYouMoose may transfer and store your personal information in countries outside your jurisdiction, including countries where data protection laws may differ. By using our platform, you consent to the transfer of your information across borders.
8. Children's Privacy
Our platform is not intended for children under the age of 18, and we do not knowingly collect personal information from children. If we learn that we have collected personal data from a child under the age of 13, we will take steps to delete that information as required.
9. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Any changes will be posted on this page, and the “Last Updated:” date will be updated accordingly. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
10. Contact Us
If you have any questions or concerns about this Privacy Policy or how we handle your personal information, please contact us at:
Email: info@doyoumoose.com
Thank you for being a part of DoYouMoose!
IP Rights
personal use
The creator hereby grants a limited, worldwide, nonexclusive license to the primary owner to copy, access and use doyoumoose nft and related art for the primary owner’s own personal, non-commercial use, provided that the primary owner keeps all copyright and other proprietary notices intact.
commercial use
Primary owner is granted a limited, worldwide, nonexclusive license to copy, access, use and otherwise exploit the primary owner’s doyoumoose nft and related art, for the purpose of commercializing and promoting their own goods and services, which shall include the right to produce and sell goods as well as services that includes, contains, or consists of the graphical image of the primary owner’s doyoumoose nft, provided that such commercial use does not result in the primary owner earning more than five hundred thousand dollars ($500,000), or its equivalent in ethereum or any currency, in gross revenue in any twelve month period, directly or indirectly, including but not limited to through any and all related entities and family members, unless an exemption or broader license is expressly granted by the creator.
The foregoing limited licenses apply only during the period that the primary owner owns the doyoumoose nft. These licenses terminate immediately at such a point that the primary owner no longer owns its doyoumoose nft.
Terms & Conditions
The following terms and conditions ("Terms of Use") govern the use by you of websites, applications, or online services that DoYouMoose operates ("Services"). These Terms of Use also apply to all materials, online communications and other content and information that is or becomes available via the Services or that you post to the Services. BY USING THE SERVICES, YOU AGREE TO ABIDE BY THESE TERMS OF USE AND ANY MODIFICATIONS THERETO.
Conditions of Use
The DoYouMoose website is intended to users who are at least eighteen (18) years old. thus, by using the DoYouMoose website, you confirm that you are at least eighteen (18) years old and you are deemed to have read and accepted these terms exhaustively and unconditionally.
If the user is under eighteen (18) years old, the user undertakes to obtain the prior and express consent of his/her parent or legal guardian to use the DoYouMoose website and to review the terms with them.
Parents' Responsibility
You (Parents) may, where authorized or permitted by law, permit your children to use the Services, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand, and comply with these Terms of Use. You shall at all times be responsible and liable for all activities conducted and items obtained through your use or your child's use of the Services, including, without limitation, all content posted on the Services.
In case of your disagreement, in whole or in part, with these terms, you must immediately cease any and all use of the DoYouMoose website.
Third Party Products and Services
Digital wallets are third-party products and services that are not affiliated, in any way whatsoever, with DoYouMoose nor in its custody or control. Access and use of digital wallets are at the user’s own risk and discretion and subject to their own applicable terms.
You are solely responsible for your digital wallet security, including associated passwords, seed words, and keys. DoYouMoose shall not, in any event whatsoever, be held responsible for any risk associated with your access and/or use of a digital wallet. In the event you lose or can no longer access your digital wallet, DoYouMoose cannot retrieve your DoYouMoose NFT from your digital wallet.
NFT Purchasing
The mint price of a DoYouMoose NFT is set forth on the DoYouMoose website and is binding at the time of purchase. Additional fees (including gas fees) may be required at the time of purchase to complete the sale. DoYouMoose does not monitor nor benefit from these fees. DoYouMoose will directly transfer the DoYouMoose NFT you acquired to the supported digital wallet you connected to the DoYouMoose website, depending the case and where applicable, upon confirmation of ownership of a DoYouMoose NFT or upon receipt of the corresponding purchase price.
All sales completed on the DoYouMoose website are final. Pursuant to applicable law, you acknowledge that no withdrawal, return and/or refund rights apply. DoYouMoose makes no warranties whatsoever with regard to any future value or resale price of the DoYouMoose NFT.
NFT Secondary Sale on Third-Party Platforms
You may resell and/or purchase DoYouMoose NFTs on third-party platforms as part of secondary sales.
Platforms dedicated to secondary sales are third-party services that are not affiliated with DoYouMoose and which access and use are at user’s own risk and discretion and subject to their own applicable terms.
DoYouMoose may benefit from a percentage of the resale price of your DoYouMoose NFT, as set forth on the DoYouMoose Website and subject to the third-party platform’s policy on which the resale is completed.
You undertake to only resell and/or purchase DoYouMoose NFTs on third-party platforms that (i) cryptographically verify each NFT owner’s rights to display and list a DoYouMoose NFT for sale, to ensure that only the actual owner of this NFT can proceed with its resale, and (ii) provide for a percentage of the resale price to be automatically granted to DoYouMoose upon resale.
By reselling and/or purchasing a DoYouMoose NFT on an authorized third-party platform, you agree to abide by these Terms.
Commercial Use Not Permitted
The Services are for your personal use. You shall not exploit the Services for commercial purposes or otherwise use the Services in a manner that is inconsistent with these Terms of Use or IP Rights unless given written legal binding permission by DoYouMoose.
Obligation to Abide By Applicable Law
In connection with the use of the Services, you shall abide by all applicable federal, state or local laws, including without limitation, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, copyright and trademark ("Applicable Law"). The Services may include intellectual property that is protected under copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Online Communications
You should be aware that some administrative personnel of DoYouMoose may, in the course of their regular duties, have access to communications for technical or operational purposes or to maintain community safety. DoYouMoose may also disclose any communications to the extent permitted or required by law.
Prohibition Against Rogue Programming
You shall not post, transmit or make available in any way through the Services any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). DoYouMoose has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Services is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
Content You Post to the Services
You are responsible for all content you post on the Services. Unless otherwise indicated in the Services, DoYouMoose has no obligation to monitor or control any content that is or becomes available on the Services. DoYouMoose reserves the right to review any content that is or becomes available on the Services. DoYouMoose reserves the right to refuse to post or to remove any content that is, in DoYouMoose's sole discretion, unacceptable, undesirable or in violation of these Terms of Use. However, DoYouMoose has no obligation to do so.
DoYouMoose may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions or material that is unacceptable, undesirable or in violation of these Terms of Use.
By submitting content to DoYouMoose, you grant DoYouMoose a perpetual, sublicensable, non-exclusive, royalty-free, worldwide license to use, transmit, copy and display such content in any and all media now known or hereinafter devised and represent that you have all necessary rights in such content to grant such license to DoYouMoose.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DOYOUMOOSE NOR THE TEAM MEMBERS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DOYOUMOOSE OR ANY OF THE TEAM MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST DOYOUMOOSE AND/OR THE TEAM MEMBERS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, DOYOUMOOSE AND DOYOUMOOSE TEAM MEMBERS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR FAILURE TO ABIDE BY APPLICABLE LAW.
Modifications of these Terms of Use
We may revise these Terms of Use, for example, to reflect changes in the law, our practices, or the features of the Services. It's your duty to check for any material changes and to review the revised terms before you choose to continue using our services each time. Non-material changes will be effective immediately upon posting, however we will always note the effective date of such changes at the top of these Terms of Use and announce updates in our official discord and social accounts.