Dollars for USDC is completed, then Circle reserves the right to (i) retroactively cancel such tokenization of U.S. You acknowledge that an NFT has no inherent value nor does Dapper or any third party promise that an NFT has or will ever have any specific value. How do we Ensure that our Processing Systems remain Confidential, Resilient, and Available? The “USDC Services” shall mean [exchanging fiat currency for USDC, redeeming USDC for fiat currency, holding USDC, sending USDC, and receiving USDC] and all other products or services offered atwww.circle.com/usdc or otherwise in connection with USDC. Dapper Labs is the company behind CryptoKitties, NBA Top Shot, and the Flow blockchain. Dapper does not control or endorse any Third Party Content. WHILE DAPPER HAS IMPLEMENTED POLICIES TO MONITOR TRANSACTIONS FOR FRAUD AND OTHER PROHIBITED ACTIVITIES, DAPPER MAKES NO REPRESENTATION AS TO THE EFFECTIVENESS OF SUCH POLICIES AND THE USER SHOULD EXERCISE CAUTION IN ANY TRANSACTION TO OBTAIN COMFORT THAT THE OTHER USER HAS BEEN PERFORMING IN ACCORDANCE WITH THIS AGREEMENT AND ANY AGREEMENT WITH THE USER. We reserve the right to limit, deny, or terminate access to our Services with respect to any person who infringes on the intellectual property rights of others. The invalidity or unenforceability of any of the terms or provisions of this Agreement, and any policies incorporated herein by reference, or the invalidity or unenforceability of the application thereof to any individual, entity or circumstance, shall not affect the application of such terms or provisions to individuals, entities or circumstances other than those as to which they are held invalid or unenforceable, and shall not affect the validity or enforceability of any other terms or provisions of this Agreement. It is possible that, through computer or human error, or through theft or fraud, User NFTs could be transferred in incorrect amounts or to unauthorized third parties. We will get your express opt-in consent before we share your personal data with any company outside the Circle group of companies for marketing purposes. Deliver the full range of payments and functionality of the Circle product; Keep in touch with you - whether it be for providing customer service, notifying you of cool new features that have been added to the mobile apps, or providing security notices or information; Verify your identity so that we can prevent fraud or unauthorized activity; Improve Circle or add new product features by analyzing usage trends; Personalize the Circle experience by matching product features to things that we think you specifically might be interested in; and. These fees are often required to cover the transaction costs on virtual currency networks and may apply to Transactions. If you have any questions or concerns regarding our decision, you can request further information regarding the details that led to our decision. To manage our relationship with you which will include: (b) Necessary to comply with a legal obligation. When you create a Circle account, we’ll collect some important details about you such as your name, address, phone number, email, birth date, password, etc. Circle reserves the right to migrate USDC to another blockchain or protocol in the future should Circle determine, in its reasonable discretion, that doing so is necessary or desirable. Following acceptance of this Agreement by a User, Dapper shall grant User a unique digital Account to access the Services and act as a record of Transactions. Dapper shall have no liability or responsibility for; (i) failure in performance or interruption of service (ii) any inaccuracy, error, delay in, or omission of information or transmission of information, (iii) any loss or damage that you may incur, which results directly or indirectly from any force majeure event including, but not limited to flood, act of civil or military authorities, terrorist acts, extraordinary weather conditions, pandemic, fire, pandemic, war, strike or other labor dispute, interruption of telecommunication services, accident, power failure, hardware or software malfunction, any act of god, or any other act that is beyond our reasonable control. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES AND RECORDS OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Circle and other Circle affiliates which each shall be a third-party beneficiary of this Agreement, and no other person shall assert any rights as a third-party beneficiary hereunder. This includes using the data to improve the Dapper Services and to personalize your experiences. Please see the “Your Legal Rights” section of the glossary to find out more about these rights: Object to processing of your personal data, Request restriction of processing of your personal data, If you wish to exercise any of the rights set out above, please contact [email protected]. External Wallets may levy fees on User for Transactions; Dapper is not liable for any such fees. Dapper keeps your stuff safe in battle-tested smart contracts – not on your device or offline like most products. By visiting our Site, or registering for, accessing or using any of the Dapper Services, you affirm (i) are eighteen (18) years of age or older OR a parent or guardian has provided express consent for you to use the Services, (ii) you have the legal capacity to consent to this Policy, and (iii) you agree to the terms of this Policy. If User wishes to use their NFTs for activities other than the Services, User must first transfer them to an External Wallet. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any sale or transfer of Account ownership conducted without prior consent of Dapper is deemed void ab initio and constitutes a material breach of this Agreement. If any information that has been provided is no longer correct, it is your responsibility to contact us to update this information. Suspension of your use of any of the USDC Services will not affect your rights and obligations pursuant to this Agreement. User is exclusively responsible for those selections, even if they contain errors on the part of the User or cause losses to the User. USER ACKNOWLEDGES THAT IF, EVEN IN GOOD FAITH, THEY COME INTO POSSESSION OF AN NFT THAT WAS, ON ANY PREVIOUS OCCASION, TRANSACTED IN VIOLATION OF THIS AGREEMENT, EVEN BY AN OTHER USER, THE USER MAY BE OBLIGATED, AT THE DISCRETION OF DAPPER, TO FOREGO ANY AND ALL RIGHTS IN THE NFT. Dapper Labs is based in Vancouver, Canada and has 85 employees. All right, title, and interest in and to the Circle website, any content thereon, the Wallet Services, and all technology and any content created or derived from any of the foregoing is the exclusive property of Circle and its licensors. You represent and warrant that you are not a citizen or resident of any such jurisdiction, nor will you use the Services while located in any such jurisdiction. This Dapper service user agreement is an important legally binding agreement between you (“you”, “your” or “User”) and Dapper Labs Inc. (“Dapper”, “we”, “us” or “our”). Dapper shall also freeze or debit the Hosted Wallet where it is required to do so by Applicable Law,to prevent fraud, protect security or where Dapper believes that freezing a given NFT or Transaction is necessary. Except for those disputes that shall be resolved in arbitration or in small claims court pursuant to Section 30, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts, provided that any claims or disputes shall be subject to the arbitration provisions set forth in Section 30. Privacy Policy means the Dapper NFT Service Privacy Policy, posted at the Site, such as it is from time to time. From time to time we may be required to request further information regarding your transactions in order to comply with applicable laws and regulation. Your use of USDC and USDC Services is subject to this Agreement and Circle’s obligations under this Agreement are conditional on you complying with its provisions. Dapper reserves the right to amend this Agreement at its sole discretion, without your consent. An arbitral decision is subject to very limited review by a court. Dapper Labs uses the power of play to deliver blockchain-based experiences that are made for you and ready for the real world. Each term and provision of this Agreement and any policies incorporated herein by reference shall be valid and enforceable to the fullest extent permitted by law. If you object to such transfer or assignment, you may stop using our Wallet Services and terminate this Agreement by contacting support and asking us to close your Wallet Account. Dapper is the assigned administrator of its infrastructure on GCP, and only designated authorized Dapper operations team members have access to configure the infrastructure on an as-needed basis. Circle will update the information on the Circle website as necessary to provide you with the most up to date information, but you should always independently verify such information. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of the USDC Services, a product/service experience or other transactions. Please keep us informed if your personal data changes during your relationship with us. For the purposes of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), Circle Internet Financial, Inc. is the controller of your personal data and Circle Trade Europe Limited has been appointed as its representative in the EEA. User is liable for any and all fees charged by Third Party Servicers. We collect all of this information so that we can provide you with the USDC Services safely and seamlessly. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. Sometimes in order to better secure your information and use it for the purposes contemplated by this Privacy Policy, certain personal data may be stored with our third party partners and service providers. For purposes of this Section 25, “Unauthorized Transaction” means a transaction that was initiated from your USDC Account without your authorization and that does not benefit you. CIRCLE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Circle does not have control of, or liability for, any products or services that are purchased or sold by the Dapper Platform in connection with the Wallet Services. Circle will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner, but Circle makes no representations or warranties regarding the amount of time needed to complete processing because the USDC Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. User agrees to and does hereby: (i) release Dapper from any and all liability related to or arising from risks inherent in the Services and related NFTs, except as expressly set forth in this Agreement, and (ii) assume all risks inherent in the Services and related NFTs including, but not limited to, the following: User shall carry out their own independent analysis and assessment of the risks specific to the NFTs and the Services. You may choose to have the arbitration conducted by telephone, based on written submissions. To create a Dapper account: Click on the Dapper icon followed by " Sign up ." In the Hosted Wallet, Dapper makes commercially reasonable efforts to verify that User is the true initiator of Transactions, but where User’s Account is compromised such efforts may fail and could result in total loss of User NFTs in the Hosted Wallet. If you have any questions about this Privacy Policy, please contact Support. If User wishes to withdraw funds from the User PSW, they can do so by instructing the PSW Provider to do so via instructions sent through the Account. Prior to termination by User, User shall remove their NFTs from the Hosted Wallet and cause them to be sent to an External Wallet. Accessing and Keeping your Personal Information Accurate, 6. User shall immediately notify Dapper if User suspects any unauthorized use or access of the Account or otherwise suspects any security breaches or attempted security breaches in the Services, Account, a User Device, any NFT Wallet or those of any Other User. Where you have accepted the amendment or where the amendment is required by a change in Applicable Law, or to address a security or compliance requirement, as indicated in the notice of amendment contemplated above, the amendment shall take effect as of when this Agreement is updated or the notice contemplated above has been sent, otherwise, the amendment shall take effect if you do not close your Account within thirty (30) days following the notice contemplated above. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. While in possession of your U.S. Dollar funds, Circle agrees to take reasonable care in maintaining the established value of U.S. Dollar funds provided by you, and you agree Circle is free to use the funds provided for its own purposes prior to redemption subject to the terms of this Agreement. Using the Services in any manner related to weapons including replicas and collectible items.