XAOS Terms & Conditions
XAOS is a collection of digital artworks (NFTs) running on the Ethereum
network. This website is only an interface allowing participants to purchase
digital collectibles. Users are entirely responsible for the safety and
management of their own private Ethereum wallets and validating all
transactions and contracts generated by this website before approval.
Furthermore, as the XAOS smart contract runs on the Ethereum network, there
is no ability to undo, reverse, or restore any transactions. This website
and its connected services are provided “as is” and “as available” without
warranty of any kind. By using this website you are accepting sole
responsibility for any and all transactions involving XAOS digital
collectibles.
Ownership
A. You Own the NFT. Each XAOS Token is an NFT on the Ethereum blockchain.
When you purchase an NFT, you own the underlying XAOS Token, the Art,
completely. Ownership of the NFT is mediated entirely by the Smart Contract
and the Ethereum Network: at no point may we seize, freeze, or otherwise
modify the ownership of any XAOS Token. B. Personal Use. Subject to your
continued compliance with these Terms, XAOS.LAND grants you a worldwide,
royalty-free license to use, copy, and display the purchased Art, along with
any extensions that you choose to create or use, solely for the following
purposes: (i) for your own personal, non-commercial use; (ii) as part of a
marketplace that permits the purchase and sale of your XAOS Token / NFT,
provided that the marketplace cryptographically verifies each XAOS Token
owner’s rights to display the Art for their XAOS Token to ensure that only
the actual owner can display the Art; or (iii) as part of a third party
website or application that permits the inclusion, involvement, or
participation of your XAOS Token, provided that the website/application
cryptographically verifies each XAOS Token owner’s rights to display the Art
for their XAOS Token to ensure that only the actual owner can display the
Art, and provided that the Art is no longer visible once the owner of the
XAOS Token leaves the website/application. C. Commercial Use. Subject to
your continued compliance with these Terms, XAOS.LAND grants you an
unlimited, worldwide license to use, copy, and display the purchased Art for
the purpose of creating derivative works based upon the Art (“Commercial
Use”). Examples of such Commercial Use would e.g. be the use of the Art to
produce and sell merchandise products (T-Shirts etc.) displaying copies of
the Art. For the sake of clarity, nothing in this Section will be deemed to
restrict you from (i) owning or operating a marketplace that permits the use
and sale of XAOS Tokens generally, provided that the marketplace
cryptographically verifies each XAOS Token owner’s rights to display the Art
for their XAOS Token to ensure that only the actual owner can display the
Art; (ii) owning or operating a third party website or application that
permits the inclusion, involvement, or participation of XAOS Tokens
generally, provided that the third party website or application
cryptographically verifies each XAOS Token owner’s rights to display the Art
for their XAOS Token to ensure that only the actual owner can display the
Art, and provided that the Art is no longer visible once the owner of the
Purchased XAOS Token leaves the website/application; or (iii) earning
revenue from any of the foregoing. D. XAOS.LAND IP. Other than the rights to
the Art, nothing herein gives you any rights to any other trademarks or
other intellectual property rights belonging to XAOS.LAND including, without
limitation, to XAOS and the associated logos. All of these rights are
expressly reserved in the name of XAOS.LAND. E. Feedback. You may choose to
submit comments, bug reports, ideas or other feedback about the Site,
including without limitation about how to improve the Site (collectively,
“Feedback”). By submitting any Feedback, you agree that we are free to use
such Feedback in any way we choose without additional compensation to you
and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide
license to incorporate and use the Feedback for any purpose.
Your Obligations
You are solely responsible for your own conduct while accessing or using the
Site, and for any consequences thereof. You agree to use the Site only for
purposes that are legal, proper and in accordance with these Terms and any
applicable laws or regulations. By way of example, and not as a limitation,
you may not, and may not allow any third party to: (i) send, upload,
distribute or disseminate any unlawful, defamatory, harassing, abusive,
fraudulent, hateful, violent, obscene, or otherwise objectionable content;
(ii) distribute viruses, worms, defects, Trojan horses, corrupted files,
hoaxes, or any other items of a destructive or deceptive nature; (iii)
impersonate another person; (iv) upload, post, transmit or otherwise make
available through the Site any content that infringes the intellectual
property or proprietary rights of any party or otherwise violates the legal
rights of others; (v) engage in, promote, or encourage illegal activity
(including, without limitation, money laundering); (vi) interfere with other
users' use of the Site; (vii) use the Site for any unauthorized commercial
purpose; (viii) modify, adapt, translate, or reverse engineer any portion of
the Site; (ix) remove any copyright, trademark or other proprietary rights
notices contained in or on the Site or any part of it; (x) use any
technology to collect information about the Site’s for any unauthorized
purpose; (xi) access or use the Site for the purpose of creating a product
or service that is competitive with any of our products or services. If you
engage in any of the activities prohibited by this Section, we may, at our
sole and absolute discretion, without notice to you, and without limiting
any of our other rights or remedies at law or in equity, immediately suspend
or terminate your user account.
Fees and Payment
A. If you elect to purchase a XAOS Token through the Site, any financial
transactions that you engage in will be conducted solely through the
Ethereum network. We will have no insight into or control over these
payments or transactions, nor do we have the ability to reverse any
transactions. We will have no liability to you or to any third party for any
claims or damages that may arise as a result of any transactions that you
engage or any other transactions that you conduct via the Ethereum network.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for
every transaction that occurs on the Ethereum network. The Gas Fee funds the
network of computers that run the decentralized Ethereum network. This means
that you will need to pay a Gas Fee for each transaction.
Disclaimers
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE
SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO
EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE
SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART
CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT
REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL
MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED
THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES,
OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU
USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. B. YOU ACCEPT THE INHERENT SECURITY
RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND
AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF
SECURITY. C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU
INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO
CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY
OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER
INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION,
LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY
OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR
ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS
TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE,
WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS
LIMITED TO $0. C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE
AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY
DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE
ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
Risk Assumption
You accept and acknowledge each of the following: A. To the extent that you
sell your XAOS Token NFT, please be aware that the prices of NFTs are
extremely volatile and fluctuations in the prices of other NFTs and impact
the price of your XAOS Token both positively and negatively. Given the
volatility, NFTs such as XAOS Token should not be considered an investment.
You assume all risks in that connection. B. Ownership of a XAOS Token
confers ownership of digital artwork only. Accordingly, no information on
this Site (or any other documents mentioned therein) is or may be considered
to be advice or an invitation to enter into an agreement for any investment
purpose. Further, nothing on this Site qualifies or is intended to be an
offering of securities in any jurisdiction nor does it constitute an offer
or an invitation to purchase shares, securities or other financial products.
Due to the artistic nature of the project, XAOS has not been registered with
or approved by any regulator in any jurisdiction. It remains your sole
responsibility to assure that the purchase of the XAOS Token and the
associated art is in compliance with laws and regulations in your
jurisdiction. C. You assume all risks associated with using an
Internet-based currency, including, but not limited to, the risk of
hardware, software and Internet connections, the risk of malicious software
introduction, and the risk that third parties may obtain unauthorized access
to information stored within your wallet. D. NFTs, cryptocurrencies and
blockchain technology are relatively new and the regulatory landscape is
unsettled. New regulations could negatively impact such technologies
impacting the value for your XAOS Token. You understand and accept all risk
in that regard. E. You assume all responsibility for any adverse effects of
disruptions or other issues impacting Ethereum or the Ethereum platform.
Indemnification
You agree to hold harmless and indemnify XAOS.LAND and its subsidiaries,
affiliates, officers, agents, employees, advertisers, licensors, suppliers
or partners from and against any claim, liability, loss, damage (actual and
consequential) of any kind or nature, suit, judgment, litigation cost, and
reasonable attorneys' fees arising out of or in any way related to (i) your
breach of these Terms, (ii) your misuse of the Site, or (iii) your violation
of applicable laws, rules or regulations in connection with your access to
or use of the Site. ## Changes to the Terms and Conditions We may make
changes to the Terms at our discretion. Please check these Terms
periodically for changes. Any changes to the Terms will apply on the date
that they are made, and your continued access to or use after the Terms have
been updated will constitute your binding acceptance of the updates. If you
do not agree to any revised Terms, you may not access or use the Site.
Children
Our Site is not intended for children. You must be at least 18 years old to
access this Site or purchase a XAOS Token. If you are under 18 years old you
are not permitted to use this Site for any reason. By accessing the Site,
you represent and warrant that you are at least 18 years of age.
Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including
without limitation your access or use of the Site, or to any products sold
or distributed through the Site, will be referred to and finally resolved by
arbitration under the rules of the American Arbitration Association. The
case will be adjudicated by a single arbitrator and will be administered by
the American Arbitration Association in accordance with its applicable
rules. Each party will cover its own fees and costs associated with the
arbitration proceedings. The place of arbitration will be New York, New
York. 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. Notwithstanding the foregoing, we may seek and
obtain injunctive relief in any jurisdiction in any court of competent
jurisdiction. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE
TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE OR ANY
PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, OR THE SMART CONTRACTS: (I)
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II)
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A
CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION
LAWSUITS INVOLVING ANY SUCH DISPUTE.