Last Modified: December 20, 2022
Welcome to the services operated by Dorado【Dorado】 (“Dorado,” “we,” “us”, or “our” ) consisting of, its network of websites, software applications, or any other products or services offered by Dorado, including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (the “Dorado Services”). Other services offered by Dorado may be subject to separate terms. “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
We amend these Terms from time to time, for instance when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Modified” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
To most easily access and use Dorado, you should first install the MetaMask. MetaMask is an electronic wallet, which allows you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. You will not be able to engage in any transactions on Dorado other than through MetaMask (or other Ethereum-compatible browsers). Dorado will only recognize you as a User, and you will only be able to interact with Dorado if your Ethereum electronic wallet is connected and unlocked through your MetaMask account. There is no other way to sign up as a User or to interact directly with the Platform.
Your Account on Dorado will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Dorado is not a wallet provider, exchange, broker, financial institution, or creditor. Dorado provides a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use MetaMask which allows you to engage in transactions on blockchains.
Transactions that take place on Dorado are managed and confirmed via the Ethereum blockchain. The User understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on Dorado. We neither own nor control MetaMask, Google Chrome, the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of Dorado. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
It is important that you keep your account and your MetaMask wallet confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at 【firstname.lastname@example.org】. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Dorado Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Dorado Services or others due to such unauthorized use.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
You consent to receive electronic communications from Dorado (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.
You agree to use Dorado only for purposes that are legal, proper, and in accordance with these terms of service and any applicable laws or regulations. Without limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through Dorado any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud Dorado, other users, or any other person or provide false, inaccurate or misleading information; (vii) use Dorado to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (ix) interfere with another individual’s or entity’s access to or use of Dorado; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent; (x) exploit Dorado for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of Dorado; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on Dorado or any part of it; (xiii) reformat or frame any portion of Dorado; (xiv) display any content on Dorado that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on Dorado, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use Dorado for the purpose of creating a product or service that is competitive with any of our Services.
In additional, Your access to and use of the Services is subject to these terms of service and all applicable laws and regulations uploaded by us at any time with notice. You may not:
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
Use the Service to create, sell, or buy NFTs or other items that give owners’ rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
Infringe or violate the intellectual property rights or any other rights of others;
Create or display illegal content, such as content that may involve child sexual exploitation;
Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
By using the Service, you understand the importance of doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Dorado, in its sole discretion, may elect to take.
All Artwork (“Art”, “Work(s)”, “Artwork(s)”, or “Creation(s)”) on Dorado is represented by a unique cryptographic token exclusively minted by one of the registered creator (“Creator”) under the terms of the Creator Policy.
As a peer-to-peer web3 service, Dorado helps you explore NFTs created by third parties and interact with different blockchains. Dorado does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on Dorado will always remain visible and/or available to be bought, sold, or transferred.
Owning a NFT Item is similar to owning a piece of physical art. You own a cryptographic token representing the Creator’s creative work as a piece of property, but you do not own the creative work itself. NFT owners may show off their ownership of collected NFT Artwork by displaying and sharing the underlying artwork, but NFT owners do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the underlying Artwork, excepting the limited license granted by these terms of service to underlying Artwork: (i) for the purpose of promoting or sharing NFT owner’s purchase, ownership, or interest in the Artwork, for example, on social media platforms, blogs, digital galleries, or other Internet-based media platforms; (ii) for the purpose of sharing, promoting, discussing, or commenting on the Artwork; (iii) on third party marketplaces, exchanges, Platforms, or applications in association with an offer to sell, or trade, the token associated with Artwork; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Work within one or more virtual environments.
The NFT owner agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Artwork which would be prejudicial to the Creator’s honor or reputation; (ii) use the Artwork to advertise, market, or sell any third party product or service; (iii) use the Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these terms of service or solely for NFT owner’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Artwork; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Artwork, whether on or off of the Dorado; (viii) falsify, misrepresent, or conceal the authorship of the Artwork or the NFT; or (ix) otherwise utilize the Artwork for the Creator’s or any third party’s commercial benefit.
The user agrees and acknowledges that the lawful ownership, possession, and title to a NFT is a necessary and sufficient condition precedent to receiving the limited license rights to the underlying Artwork provided by these terms of service. Any subsequent transfer, dispossession, burning, or another relinquishment of a NFT will immediately terminate the former NFT owner’s rights and interest in the license or NFT as provided by these terms of service.
By minting Artwork on Dorado, Creator affirmatively grants a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Artwork underlying NFTs legally owned and properly obtained by the NFT owners.
The Creator reserves all exclusive copyrights to Artworks minted by the Creator on Dorado, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute the Artworks.
The Creator hereby acknowledges, understands, and agrees that minting an Artwork on Dorado constitutes an express and affirmative grant to Dorado, its affiliates and successors a non-exclusive, world-wide, assignable, sub-licensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Artwork on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising Dorado, the site, or any other purpose related to the Dorado or business, including without limitation, the express right to: (i) display or perform the Artwork on the site, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative works based on the Artwork, including without limitation, compilations, collective works, and anthologies; (iii) indexing the Artwork in electronic databases, indexes, catalogues, the smart contracts, or ledgers; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Artwork within a distributed file keeping system, node cluster, or other database or causing, directing, or soliciting others to do so.
Dorado respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Dorado Services infringes upon your copyright, please submit a notice to us at 【email@example.com】.
Creators and all users irrevocably release, acquit, and forever discharge Dorado and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Dorado's use of an Artwork in accordance with these terms of service, including without limitation, Dorado solicitation, encouragement, or request for users or third parties to host the Artwork for the purpose of operating a distributed database and Dorado's deployment or distribution of a reward, a token, or any other digital asset to Users or third parties for hosting Artworks on a distributed database.
We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Dorado Services, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The websites and certain materials available on or through the Dorado Services are content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Dorado Services.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Dorado.
We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Dorado may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Dorado any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
YOU USE THE DORADO SERVICES AT YOUR SOLE RISK. WE PROVIDE THE DORADO SERVICES "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, DORADO SERVICES, THEIR SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE DORADO SERVICES AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE DORADO SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE DORADO SERVICES.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF DORADO SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO DORADO SERVICES OR THAT THE DORADO SERVICES WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DORADO SERVICES OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY NFT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NFT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DORADO SERVICES OR OUR SERVICES; AND (VI) DISPUTES BETWEEN YOU AND ANOTHER USER OF THE DORADO SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DORADO’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF SERVICE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE DORADO SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). DORADO AND/OR ANY OTHER DORADO PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
NO DORADO PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO DORADO PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
You accept and acknowledge:
The value of a NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
You are solely responsible for determining what, if any, taxes apply to your transactions. Dorado is not responsible for determining the taxes that apply to your NFTs.
There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Dorado has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Dorado will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any blockchain network, however caused.
The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
Dorado reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Dorado. Under no circumstances shall the inability to view items on Dorado or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Dorado.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, AND ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
The Dorado Services are operated by 【Dorado】,【9 Empress PI, Singapore 179555】
If you have any feedback, comments, requests for technical support relating to the Dorado Services, please send to 【firstname.lastname@example.org】.