1.2. THESE TERMS GOVERN YOUR BROWSING AND ANY OTHER USE OF THE NDAU.IO WEBSITE, (THE “WEBSITE”) AND OUR NDAU MOBILE APPLICATION, AS APPLICABLE (THE “APPLICATION”, AND COLLECTIVELY: THE “PLATFORM”).
1.3. THESE TERMS MAY ALSO PERTAIN TO MATTERS REGARDING POTENTIAL SUBSCRIPTION FOR THE NDAU TOKENS (“TOKENS”), AS FURTHER DETAILED ON [HTTPS://NDAU.IO] (THE “GENERAL PURPOSE”).
1.4. IF YOU DO NOT AGREE WITH ANY OF THE TERMS HEREIN, KINDLY AND IMMEDIATELY CEASE ANY USE OF THE WEBSITE AND/OR, AS APPLICABLE, CEASE ANY USE OF THE APPLICATION AND PROMPTLY DELETE IT FROM YOUR DEVICE.
1.5. We may amend, change, or replace these Terms, by posting updated versions on the Platform or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you must act in accordance with instructions of Section 1.4 above.
- The Platform
2.1. The Platform is designated to enable you to receive information regarding a unique type of Tokens by the name of ndau, which we contemplate on issuing, as further detailed on the Platform.
2.2. Users who desire to be eligible to subscribe for the Tokens, will be required to provide us with certain information and details which may contain personal information. Our collection, processing, and use of such personal information is as described under our Privacy Notice. However, when subscribing for our tokens, we may require you to provide us with additional personal information which we do not collect from you while making use of the Platform for the General Purpose (the “Additional Information”). In such an event, we will, if applicable, provide you with information regarding our use, processing, and/other matters pertaining to such Additional Information.
2.3 YOUR USE OF THE PLATFORM DOES NOT INDICATE ANY COMMITMENT THAT WE CONSIDER YOU AS ELIGIBLE TO SUBSCRIBE FOR ANY TOKENS.
3.1. Further Information Regarding Token Issuance. The designated issuance of the Tokens is as further detailed here https://ndau.io.
3.2. No Representations Regarding Cryptocurrency Trade. We do not make any representation and/or commitment in connection with the Tokens. In that respect, you hereby warrant and acknowledge that you have experience in cryptocurrency trading and acknowledge that (i) the cryptocurrency market is inherently volatile and is characterized as high risk, and thus subject to inherent uncertainties (such that no profits might be derived in your favor, and furthermore that you might be subject to substantial losses regarding the Tokens, or the cryptocurrency acquired by you used to purchase our Tokens), and that (ii) you are able to bear the economic risk associated with subscribing for the Tokens or other applicable cryptocurrency, and have such knowledge and experience in order to evaluate the merits and risks of the provision of subscribing for the Tokens.
3.3. UNDER NO CIRCUMSTANCES SHOULD YOU DEEM ANY INFORMATION PRESENTED ON THE PLATFORM PERTAINING TO THE TOKENS, AND SPECIFICALLY, ANY WHITE PAPER WE PROVIDE, AS ANY RECOMMENDATION TO PURCHASE, SELL, OR OTHERWISE TRADE IN ANY CRYPTOCURRENCIES PRESCRIBED UNDER THE PLATFORM. WE DO NOT POSSESS ANY LICENSE OR PERMIT TO RECOMMEND AND/OR OTHERWISE MAKE ANY INVESTMENT ON YOUR BEHALF OR FAVOR, AND THUS YOU SHOULD CONSULT WITH APPLICABLE PROFESSIONALS PRIOR TO MAKING ANY DECISIONS INVOLVING THE TRADE OF ANY CRYPTOCURRENCY.
3.4. SPECIFICALLY, WE MAKE NO COMMITMENT AS TO THE VALUE OF THE TOKENS, THEIR ECONOMIC VALUE, NOR THE TRADABILITY OF ANY TOKENS. WE ASSUME NO RESPONSIBILITY REGARDING ANY DECISION UNDERTAKEN BY THE APPLICABLE BODIES WHICH MAY AFFECT THE VALUE OF THE TOKENS. FURTHERMORE, WE MAKE NO WARRANTY REGARDING THE CLASSIFICATION OF THE TOKENS (E.G., UTILITY, CURRENCY, EQUITY, OR ANY EQUIVALENT THEREOF), SUCH THAT, AMONG OTHER MATTERS, WE CANNOT REASONABLY ADVISE WHICH TAX REGIME AND/OR SECURITIES REGULATION SHALL APPLY TO THE TOKENS, IF ANY. IT IS YOUR RESPONSIBILITY TO UNDERSTAND THE APPLICABLE REGULATION THAT APPLIES TO YOU. HOWEVER, WE MAY, AT OUR SOLE DISCRETION, REQUIRE YOU TO PROVIDE US WITH CERTAIN INFORMATION / REPRESENTATIONS (SUCH AS YOUR STATUS AS AN ACCREDITED INVESTOR) IN ORDER FOR US TO DETERMINE WHETHER OR NOT TO ALLOW YOU TO SUBSCRIBE FOR OUR TOKENS.
- Third party Vendors
4.1. We may use third-party vendors (each: a “Third-Party Vendor”), in order to assist us in the operation of the Platform.
4.2. Limited Warranties Regarding Third-Party Vendors. You understand that we have no control over Third-Party Vendors and their specific terms and conditions / privacy policies (regarding specific privacy matters, we do however periodically review our Third-Party Vendors) and thus shall not be responsible for any services provided by Third-Party Vendors. Furthermore, you will be solely responsible to meet all applicable requirements and/or license terms imposed by Third-Party Vendors you may use. A list of current Third-Party Vendors can be found in our Privacy Statement.
DESPITE MAINTAINING REASONABLE MEASURES TO SECURE THE PLATFORM, WE CANNOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY ANY USER.
- Use of Platform
6.1. ANY USE OF THE CONTENT OFFERED TO YOU AND/OR MADE AVAILABLE TO YOU VIA THE PLATFORM IS SUBJECT TO THESE TERMS AND IS NOT PROVIDED EXCLUSIVELY FOR YOU.
6.2. Legal Age. You are not allowed to make any use of the Platform in the event that you are under the age of 16.
6.3. Compliance. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, national, and international laws and regulations in regard to your use of the Platform and any content offered therein. For the avoidance of doubt, the ability to access our Platform does not necessarily mean that your use is permitted under relevant laws, regulations, and directives.
6.4. Additional Policies. In addition to the foregoing, while using the Platform, you will strictly adhere to the respective Platform policies published by us from time to time, such that you should not:
(a) Browse, surf, process, scan, or use the Platform via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
(b) Manipulate the URL of the Website (or if applicable, the Application), gain access to any internal pages to which we did not provide you with a direct link (including, without limitation, URL Hacking), whether via the Website and/or Application, nor otherwise create any link to (or otherwise embed) the Platform via any Application Program Interface (API);
(c) Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware, or any other program that is intended to damage the operation of the Platform;
(d) Carry out any action which may infringe upon the copyrights and/or any other intellectual property rights and/or information of us or any other copyright holder;
(e) Promote advertisements or disruptive commercial messages; Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer any algorithm, code, syntax and/or any other content associated with the Platform and/or any components thereof and/or act to collect, harvest, and/or data mine any data associated with the Platform and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple accounts (if applicable), etc.;
(f) Handle and/or otherwise use any content offered or displayed on the Platform in any manner or way that violates these Terms
(g) Carry out any action which may infringe upon any laws, regulations, orders, or any guidelines of any governmental authority, and/or is likely to offend or harm any other users of the Platform and/or the general public;
(h) Intimidate, threaten, harass, or abuse anyone in any manner;
(i) Steal or attempt to steal passwords or other private information from other users of the Platform;
(j) Distribute, post or make any other use (or otherwise encourage or solicit the consumption or performance) of any illegal, explicit, inappropriate, racist, offending, defaming, disparaging and/or abusing content, or any content which might be deemed as infringing any third-party intellectual property rights (including our rights); and,
(k) Carry out any action which violates any community guidelines, Terms and/or Privacy Notice, as prescribed herein and/or as otherwise published by us.
6.5. External Links.
The Platform may contain external links to third-party websites (“External Content”). External Content might be based upon information collected by us from our users, in accordance with our Privacy Notice. Regardless, we have no control over the content of External Content, the order of its presentation or its accuracy, and we are not a direct party to any transaction resulting from such External Content (if applicable), and therefore assume no responsibility and/or liability in that respect. In addition, we provide no warranty that the access, browsing and/or consummation of any External Content shall be safe, nor that the owners or controllers of such External Content have undertaken any security or protection measures (for example, we cannot verify, nor do we warrant, that the External Content shall be free of any errors, malware, spyware, phishing, Trojan horses, data mining and/or collection, etc.). Your use of any External Content shall be at your sole risk. We highly recommend that you verify the origin of any External Content prior to gaining access or otherwise using it.
- Content and Ownership
7.1. Ownership. As between you and Oneiro, other than Tokens that you have subscribed in full compliance with all of our requirements and other materials licensed to us, Oneiro is the sole owner, and retains all rights, titles, and interest in and to the Platform, including any and all copyrightable materials or any other content included in the Platform, whether or not registrable rights under any applicable law (“Proprietary Content”). In the event that the Proprietary Content is licensed to us, then such content might be subject to additional restrictions by its owners.
7.2. Right to Use. You may only use the Proprietary Content in the context of viewing it as an integral part of our Platform, and for the General Purpose alone; subject further to the specific provisions of these Terms. In order to remove any doubt, you are restricted from making any copies of the Proprietary Content (whether tangible or electronic), transferring, distributing, and/or otherwise disseminating any Proprietary Content (or any portion thereof).
- Privacy and Data Protection
8.1. In addition to these Terms, your use of the Platform is also subject to our Privacy Notice, which informs you of our policies and procedures regarding the collection, use, and disclosure of information we receive when you visit our Platform and when communicating with us.
8.2. DESPITE MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USERS’ ACCESS TO THE PLATFORM, WE CANNOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCURRED BY USERS DUE TO EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USERS’ ACCESS. YOU ARE HIGHLY ENCOURAGED TO MAINTAIN REQUISITE PROTECTION FOR YOUR DEVICES, SUCH AS APPLYING UPDATES TO YOUR SOFTWARE AND HARDWARE WHEN THEY BECOME AVAILABLE, AND MAINTAINING UP-TO-DATE ANTIVIRUS, ANTI-MALWARE, OR ANTI-PHISHING SOFTWARE.
- Limited Warranties
9.1. THE PLATFORM AND ANY OF ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS.
9.2. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY (I) THAT THE PLATFORM, ANALYSIS UNDER ANY OF OUR WHITEPAPER AND/OR ANY OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE, INCLUDING WITHOUT LIMITATIONS, IN CONNECTION WITH ANY SERVER RUNTIME AND/OR DOWNTIME (INCLUDING ANY INTERRUPTION OR CESSATION OF ANY DATA RECEIVED AND/OR OTHERWISE TRANSMITTED WITHIN THE SCOPE OF THE USE OF THE PLATFORM), SERVER SECURITY MEASURES, CONTENT PROVIDED BY OTHER USERS AND/OR YOURSELF (INCLUDING ANY PERSONAL, FINANCIAL AND/OR ANY OTHER INFORMATION) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, NOR (II), THAT THE PLATFORM SHALL BE FREE OF VIRUSES, TROJAN HORSES AND/OR ANY OTHER FORM OF MALWARE UTILIZED BY THIRD PARTIES, OR OTHERWISE BE FREE OF ANY ERRORS AND/OR BUGS.
9.3. WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF YOUR USE OF THE PLATFORM AND THEIR CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY AND/OR RELIABILITY.
- Limitation of Liability
10.1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING ANY FINANCIAL LOSSES AND/OR LOSS OF PROFITS) ARISING OUT OF ANY THE USE, OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE PLATFORM. THIS LIMITATION WILL ALSO APPLY TO MATTERS PERTAINING TO INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE PLATFORM, ANY FAILED TRANSFER OF ANY FUNDS UNDER A WALLET TO ITS DESIGNATED LOCATION, DAMAGES CAUSED DUE TO VIRUSES AND/OR OTHER MALWARE, OR ANY OTHER ACTION OR INACTION IN CONNECTION WITH THESE TERMS (INCLUDING YOUR OR OTHER USERS’ STATEMENTS OR CONDUCT).
10.2. THE CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE PLATFORM, SHALL BE LIMITED TO THE LOWER OF (I) THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE PLATFORM (IF PAID, AND SPECIFICALLY EXCLUDING ANY AMOUNTS PAID BY SUCH USER IN CONNECTION WITH THE SUBSCRIPTION OF ANY TOKENS), OR (II) USD $100.
YOU SHALL INDEMNIFY ONEIRO, INCLUDING OUR DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AND/OR ANY AFFILIATES, FOR CLAIMS, SUITS, LOSSES AND/OR DAMAGES CAUSED, IF RESULTING FROM YOUR USE OF, ACCESS TO, OR RELIANCE ON THE PLATFORM
- Governing Law; Class Action Waiver
12.1. Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
12.2. These Terms are governed by the General Corporation Law of the State of Delaware. You hereby consent to the exclusive jurisdiction and venue of courts in Wilmington, New Castle County, Delaware 19801, U.S.A. in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Oneiro as a result of these Terms and/or any use of the Platform (including any subscription for Tokens).
12.3. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right / obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.
12.4. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
12.5. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Oneiro with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Oneiro with respect to the Platform. 12.6. These Terms constitute the entire agreement between the User and Oneiro with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Oneiro with respect to the Platform.
You may not assign any rights and/or obligations you may have under these Terms and/or Privacy Notice without our prior written consent. We may freely assign any of its rights and/or obligations herein, without limitations; provided that your rights herein shall not be adversely affected.
- Termination and Survival
14.1. Our engagement will conclude when you delete the Application from your device, or, if applicable, cease browsing the Website and remove yourself from any mailing list you have subscribed to. We may also conclude our engagement by providing you with a notice to the email address you have provided us (if provided), or by taking any other measure which we deem suitable for concluding our engagement.
14.2. IT IS HEREBY CLARIFIED THAT THE TERMS OF SECTIONS 7, 9 THROUGH 11 (INCLUSIVE), AND SECTION 12 SHALL SURVIVE ANY TERMINATION OF OUR ENGAGEMENT IN CONNECTION WITH THE PLATFORM, REGARDLESS OF REASON.
- Contacting Us
If you have cause to believe any content found in the Platform (including such content provided by other users) is in violation of these Terms and/or infringes any third-party proprietary rights and/or applicable law, kindly notify us of such content via email to firstname.lastname@example.org stating the violating content and the nature of violation.