In order to protect both the longevity and sustainability of ADA Handle, as well as its corresponding community, we issue each Handle with an associated reference to this page.
TERMS & CONDITIONS FOR NFTS BOUGHT AS PART OF THE ADA HANDLE OFFERING
Last updated on November 6th, 2021
These terms and conditions constitute a legally binding agreement (the “Agreement”) between the purchaser/user (also referred to herein as “You”, “Your” or “User”) and ADA Handle ( “we” , “us” or “our”), governing your purchase and use of Handles as part of the ADA Handle Offering (the “Offering”). BY PARTICIPATING IN THIS OFFERING AND USE OF A HANDLE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE OFFERING AND MUST DISCONTNUE USE OF YOUR HANDLE.
By entering into this Agreement, and/or by you participating in the ADA Handle Offering, and/or using your Handle, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE OFFERING AND MUST DISCONTINUE USE OF YOUR HANDLE.
“Handle” means a custom wallet address for the Cardano Blockchain.
"NFT" means any blockchain-tracked, non-fungible token.
2. Description of Service
ADA Handle provides consumers with custom wallet addresses for the Cardano Blockchain. These custom wallet addresses, known as a “Handle”, resolve to your Cardano wallet. Once purchased, you will own the Handle and the data associated with your Handle. This data is secured on the Cardano blockchain. You will own the Handle in the form of an NFT transmitted to you after your successful purchase of the Handle.
3. Requirements for Purchase and Use.
- (a) Participation in the ADA Handle Offering and its continued use is open only to individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein.
- (b) You represent and warrant that you are at least 18 years old.
- (c) You agree that you will not use your Handle to violate or help to violate the legal rights of any third person or entity (“unlawful use”). Such unlawful use includes, but is not limited to, violations of any state, federal or international laws and/or infringements of any third party’s copyright and/or trademark rights. You agree that you shall not utilize a third party’s trademark and/or copyright in a way that may mislead or confuse the public about your affiliation with that third-party.
You agree to defend, indemnify, and hold harmless ADA Handle, including each of our respective affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your sale, possession, or use of your Handle(s) and/or Your participation in the Offering, including: (1) Your breach of this Agreement or the documents it incorporates by reference; (2) Your violation of any law or the rights of a third-party as a result of your own actions or interaction with such third party; (3) any allegation that your Handle has been used to infringe or otherwise violate the copyright and/or trademark of a third party; (4) any and all failed transactions utilizing your Handle, and/or (5) any other activities in connection with the Offering or the Handle. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- (a) Free and Clear Ownership of your Handle. Once successfully purchased, you are the sole owner of the Handle. ADA Handle retains no rights or controls over the Handle after the NFT has been transmitted. As a result, once purchased, you are solely responsible for the maintenance of the Handle and its lawful use.
- (b) Transfers of Handle. You have the unlimited right to transfer the Handle. However, the use of the Handle by any successor transferee is an agreement by that transferee to these terms and conditions. IF YOU ARE A TRANSFEREE OF A HANDLE AND DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHALL DISCONTINUE USE OF THE HANDLE.
- To support the continued use and development of the platform, ADA Handle may collect royalties equal to two percent (2%) of the sale price from subsequent sales of Handles when such sales occur within a marketplace which supports the CIP-0027 proposal.
- To the extent that the Handle contains Third Party copyrighted or trademarked terms, you understand and agree as follows: (i) that nothing in this Agreement nor the purchase of your Handle conferred the right to use such copyrighted or trademarked term in a way that may mislead or confuse the public (ii) if a third-party properly and rightfully informs you of a violation of their Intellectual Property, You will be solely responsible for resolving the alleged violation; failure to do so will be deemed a breach of this Agreement.
6. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
ALL HANDLES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADA HANDLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ADA HANDLE BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY HANDLE INCLUDING BUT NOT LIMITED TO THE HANDLE, THE OFFERING, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE OFFERING. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABE LAW, ADA HANDLE’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). 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 UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Assumption Of Risk
As noted above, the Handle is made available by us solely for ease of Cardano transactions. You agree that You assume the following risks: (A) To the extent there is a price or market for a blockchain asset such as a Handle, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including Your Handle, and there is no guarantee that Your Handle will have or retain any value; (B) the commercial or market value on a Handle that You purchase may materially diminish in value as a result of a variety of things such as negative publicity ; (C) there are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, risks associated with hardware, software and Internet connections and/or their failure to function properly as you anticipated, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere. ADA Handle will not be responsible for any damages associated with these risks ,however caused; (D) ADA Handle does not make any promises or guarantees about the availability of the Handle or that they will host the Handle at any specific location and/or for any specific period of time; (E) upgrades to the Cardano platform, a hard fork or other change in the Cardano platform, a failure or cessation of Cardano, or a change in how transactions are confirmed on the Cardano platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation, your Handle. ADA Handle does not make any promises or guarantees related to Blockchain or any other third parties related to this offering and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties. the risk of losing access to a Handle due to loss of private key(s), custodial error or purchaser error; (F) the risk of mining attacks; (G) the risk of hacking, security weaknesses, fraud, counterfeiting, cyber-attacks and other technological difficulties. ADA Handle cannot and does not represent or warrant that any Handle, or its supporting systems or technology, is reliable, current or error-free, meets Your requirements, or that defects in the Handle, or its supporting systems or technology, will be corrected. ADA Handle cannot and does not represent or warrant that the Handle or the delivery mechanism for it are free of viruses or other harmful components. You accept and acknowledge that ADA Handle will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to the Offering.
8. Governing Law
This Agreement and all matters related to it shall be governed by, construed, and enforced in accordance with the laws of the State of Wyoming without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law.
9. Changes to this Agreement
ADA Handle may make changes to this Agreement from time to time. When ADA Handle makes such changes, we will make the updated Agreement available on this website and update the “Last Updated” date at the beginning of the Agreement accordingly. Please check this page periodically for changes. Your continued use of the Handle after the Agreement has been updated will constitute your binding acceptance of the updated terms of the Agreement.
If you are provided a translation of this Agreement, the original version in English will be used in deciding any issues or disputes which arise under this Agreement.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. Contact Us
If you have any questions or concerns, including if you need to access this Agreement in an alternative format, we encourage you to contact us via e-mail at email@example.com.