Terms and Conditions

Terms and Conditions for Ark of Panda Super Node, EFFECTIVE DATE: [07/30/2024]

These Terms and Conditions (the "Terms & Conditions") constitute a legally binding agreement between Ark of Panda (“Ark of Panda” or “We”) and any person, customer, or entity (the "User") who accesses, uses, or participates in the Ark of Panda platform, including but not limited to the purchase of Super Nodes. By accessing, using, or purchasing through Ark of Panda or any associated websites, applications, or services, the User agrees to be bound by these Terms & Conditions, which include Ark of Panda’s Privacy Policy. These Terms & Conditions may be amended and updated from time to time at the sole discretion of Ark of Panda. It is the User’s responsibility to review these Terms & Conditions periodically.

Ark of Panda Services

Ark of Panda, is an innovative Al Agent + UGC (user-generated content) multi-chain aggregation virtual reality ecological platform. Users can create assets, customize games, and access various Al tools on the platform. Al Agent helps project, community managers, and KOLs set up Al virtual lP deep learning, and social interaction with community members and fans. Ark Of Panda can aggregate tokens of multiple blockchains, allowing users to access and experience any application and game within the ecosystem.

DPGU and Super Nodes

Ark of Panda’s Genesis NFT-DPGU is a collection of 10,000 NFTs on the BSC Chain. A portion of these are designated as Super Nodes. These Super Nodes are a crucial component of the Ark of Panda ecosystem, offering exclusive benefits and privileges.

Super Node Benefits

• Exclusive Access: Super Node holders are at the forefront of shaping the Ark of Panda ecosystem. By being part of this collective, Super Node holders influence the platform’s direction and receive a share of the ecosystem’s rewards.

• Reward Mechanism: Each Super Node will receive daily distributions of $AOP tokens, with 50% of the tokens distributed evenly among all nodes and the remaining 50% allocated based on the node’s contribution to the network.

• In-Game Benefits: Super Node holders gain early access to new games and features, as well as special privileges within the Ark of Panda metaverse.

• Revenue Sharing: Node holders will share in the transaction fees generated across the platform, including a share of the platform’s total transaction fees.

• Commercial Rights: Super Node holders receive a commercial license to recruit other players and generate additional revenue.

• Metaverse Venue: Super Node holders who meet specific criteria (such as holding 20 nodes) will receive a Metaverse 3D venue valued at $30,000, customizable for various game and token consumption scenarios.

Risk Disclaimer

The User acknowledges and agrees that the purchase of Super Nodes and participation in the Ark of Panda ecosystem involves significant risks, including but not limited to the volatility of digital assets, potential loss of value, technological changes, and regulatory developments. Ark of Panda does not guarantee any profits or returns on investment. The User should carefully consider whether purchasing a Super Node is suitable in light of their financial condition and risk tolerance.

No Guarantee of Profit

The purchase of a Super Node does not guarantee any financial returns, profits, or benefits. The User acknowledges that the value of $AOP tokens and the benefits of holding a Super Node may fluctuate or become null due to factors beyond Ark of Panda's control, including but not limited to market conditions, technological developments, and regulatory changes.

Limitation of Liability

Ark of Panda shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the purchase, ownership, use, or inability to use Super Nodes or any associated services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Ark of Panda has been advised of the possibility of such damages. Ark of Panda’s total liability under these Terms & Conditions, whether in contract, tort, or otherwise, shall not exceed the amount paid by the User to purchase the Super Node.

Verification and Payment

When making purchases through the Ark of Panda platform, including NFTs or Super Nodes, Users must provide and maintain valid payment information associated with their digital wallet. Users represent and warrant that they are authorized to use the payment method for any purchase. Ark of Panda reserves the right to suspend or cancel orders if the payment method cannot be verified, is invalid, or otherwise unacceptable. Ark of Panda is not liable for any claims or damages resulting from payments or transactions conducted via the platform, nor does it provide refunds for any purchases. Users are solely responsible for paying any sales, use, value-added, or other taxes and fees associated with their transactions.

Assumption of Risks

Any purchase or sale made outside of the Ark of Panda platform is at the User's own risk. Users are responsible for obtaining sufficient information to make informed decisions, including reviewing smart contract code and understanding the associated risks. Ark of Panda disclaims any liability for losses incurred from transactions outside the platform and is not responsible for third-party services or content displayed within the platform. Users acknowledge that the blockchain technology underlying the NFTs and Super Nodes may present various risks, including but not limited to software vulnerabilities, hardware malfunctions, and issues with third-party providers. Users are encouraged to conduct their own research and seek professional advice before engaging in any transactions.

Force Majeure

Ark of Panda shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, wars, terrorism, cyber-attacks, changes in law, or disruptions in blockchain technology. In the event of a force majeure, Ark of Panda’s obligations will be suspended for the duration of the event, and Ark of Panda may, at its sole discretion, terminate the affected services with or without prior notice.

Amendments

Ark of Panda reserves the right to modify, amend, or update these Terms & Conditions at any time without prior notice. Such modifications will be effective immediately upon posting. Continued use of the Ark of Panda platform following any changes constitutes acceptance of the new terms. Users are responsible for reviewing these Terms & Conditions periodically to stay informed of any updates.

Dispute Resolution

Any disputes arising out of or relating to these Terms & Conditions shall be resolved through binding arbitration in [British Virgin Islands], in accordance with the rules of [BVI International Arbitration Centre]. The decision of the arbitrator shall be final and binding on both parties. Arbitration shall be conducted on an individual basis, and there shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated.

Indemnification

The User agrees to indemnify, defend, and hold harmless Ark of Panda, its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with the User’s access to or use of the Ark of Panda platform or any violation of these Terms & Conditions. This indemnification obligation will survive the termination or expiration of these Terms & Conditions and the User’s use of the Ark of Panda platform.

Taxes and Fees

Users are responsible for paying any applicable taxes, fees, or duties associated with the purchase or sale of Super Nodes and any related activities. Ark of Panda shall not be responsible for any tax liabilities that may arise from the User's transactions. Users are encouraged to consult with their own tax advisors regarding the tax implications of purchasing, owning, or disposing of Super Nodes.

Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of [ British Virgin Islands ], without regard to its conflict of law principles. Any legal action or proceeding related to these Terms & Conditions shall be brought exclusively in the courts located within [British Virgin Islands], and the User consents to the personal jurisdiction of such courts.