FOR A USER ACQUIRING NAT TOKENS
THESE TERMS CONSTITUTE A CONTRACT BETWEEN Domain Media LIMITED, A LIMITED LIABILITY COMPANY INCORPORATED AS THE REPUBLIC OF SEYCHELLES LIMITED LIABILITY COMPANY AND A USER ACQUIRING NAT TOKENS.
COMPANY’S REGISTERED OFFICE IS LOCATED AT H2871/P1523, SORENTO/GLACIS, VICTORIA, MAHE, SEYCHELLES. COMPANY’S CONSTITUTION IS DEFINED IN ITS MEMORANDUM AND ARTICLES OF ASSOCIATION AND ITS OBJECTS, AS SET OUT IN COMPANY’S MEMORANDUM OF ASSOCIATION ARE UNRESTRICTED. COMPANY IS GENERALLY SUBJECT TO THE LAWS OF THE REPUBLIC OF SEYCHELLES.
Domain Media LIMITED IS NOT A FINANCIAL INSTITUTION AND DOES NOT PROVIDE INVESTMENT SERVICES, INCL. INVESTMENT ADVICE, OR ANY OTHER LICENSED FINANCIAL SERVICES.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NO USE THIS WEBSITE NOR ITS PRODUCTS.
Domain Media LIMITED RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY.
YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THE MODIFIED TERMS. IN PARTICULAR, Domain Media LIMITED IS LIKELY TO CHANGE THESE TERMS PERIODICALLY.
THESE TERMS ARE MOSTLY FOCUSED ON THE DISTRIBUTION OF NAMETOKENS. THIS DOCUMENT OR ANY OTHER DOCUMENT, PRODUCED AND SIGNED BY NAMETOKEN.IO, DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SHARES OR SECURITIES IN Domain Media LIMITED OR THE WEBSITE OR THE PRODUCTS OFFERED THERETO.
NONE OF THE INFORMATION OR ANALYSES PRESENTED IS INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE INTENDED, AND NAMETOKEN.IO SERVICES AND THE WEBSITE ARE NOT, DO NOT OFFER AND SHALL NOT BE CONSTRUED AS INVESTMENT OR FINANCIAL PRODUCTS, BUT AS SOFTWARE.
THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN THAT WAY. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES. THESE TERMS HAVE NOT BEEN AND WILL NOT BE SUBMITTED TO, REGISTERED WITH, REVIEWED OR VERIFIED BY ANY REGULATORY AUTHORITY IN ANY JURISDICTION.
ACQUISITION OF NAT TOKENS DOES NOT PRESENT AN EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF ORDINARY SHARES, AND HOLDER OF ANY TOKENS, ISSUED BY NAMETOKEN.IO IS NOT ENTITLED TO ANY GUARANTEED FORM OF DIVIDEND OR OTHER REVENUE RIGHT.
HOLDERS OF NAT TOKENS ARE ONLY ENTITLED TO THE CERTAIN OTHER RIGHTS WITHIN THE SOFTWARE PLATFORM IN ACCORDANCE WITH THE TERMS SET OUT HEREIN.
NAT TOKENS ARE AVAILABLE TO USERS IN EXCHANGE FOR BITCOIN, ETHEREUM AND LITECOIN AND NAMETOKEN.IO DOES NOT IN ANY WAY PROVIDE EXCHANGE OF NAT TOKENS FOR FIAT CURRENCY.
ANY PERSON OR ENTITY, INCLUDING ANYONE ACTING ON ITS BEHALF, BEING BASED, DOMICILED, LOCATED OR INCORPORATED IN THE UNITED STATES OF AMERICA AND ANY OF ITS LANDS OR IN THE BRITISH VIRGIN ISLANDS, SHALL NOT USE THE WEBSITE OR NAT TOKENS AND SHALL LEAVE THIS WEBSITE IMMEDIATELY.
NAMETOKEN.IO EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM:
(I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT,
(II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR
(III) ANY ACTION RESULTING THEREFROM,
(IV) USAGE OR ACQUISITION OF PRODUCTS, AVAILABLE THROUGH THE WEBSITE.
Domain Media LIMITED RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO WEBSITE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO BREACHES OF THESE TERMS, AT ITS SOLE AND ABSOLUTE DISCRETION.
THE USE OF WEBSITE CONSTITUTES A VIOLATION OF OUR TERMS WHERE PROHIBITED BY APPLICABLE LAW.
1. GENERAL INFORMATION
1. By using NAMETOKEN.IO, you (a “User,” regardless of whether you are an individual or entity) are agreeing to be legally bound by these Terms, so please read them carefully. If any term is unacceptable to you, please do not visit, access or use NAMETOKEN.IO.
2. Use of the words “we,” “us” or “our” in these Terms refer to Domain Media LIMITED and any or all of its affiliates.
3. By visiting, accessing or using NAMETOKEN.IO, you have indicated that you are at least eighteen (18) years old, have the legal capacity to accept these Terms and to agree to be bound by it in its entirety. Feel free to print and keep a copy of these Terms, but please understand that we reserve the right to change any of these terms at any time. You have the right to receive prior notice of any material changes and you can always find the latest version of these Terms here on this page. If you do not agree to be bound by these Terms, you should not visit, access or use NAMETOKEN.IO.
4. NAMETOKEN.IO offers on its and other platforms the ability for Users to acquire NAT TOKENS from the Initial Coin Offering. An “Initial Coin Offering” (“ICO”) is a crowdfunding method that distributes NAT TOKENS. NAT TOKENS DO NOT ORIGINATE AND DO NOT PROVIDE ANY RIGHTS FOR PARTICIPATION IN PROPERTY, JOINT STOCK OR AUTHORIZED CAPITAL OF ANY ASSOCIATIONS, PARTNERSHIPS, COMPANIONSHIPS OR ANY OTHER FORMS OF LEGAL ENTITIES OF WHATEVER JURISDICTION. NAT TOKENS DO NOT PROVIDE THEIR HOLDERS WITH ANY ADDITIONAL RIGHTS IN MATERIAL, AS WELL AS NON-MATERIAL NATURE, EXCEPT FOR THOSE RIGHTS THAT ARE STIPULATED IN THE WHITEPAPER.
5. NAMETOKEN.IO will offer to its Users the opportunity to invest in its ICO, should the User express an interest in the ICO investment, NAMETOKEN.IO will negotiate with the ICO offer or for a guaranteed number of NAT TOKENS for a fixed price.
6. It is the User’s responsibility to affirm and understand the terms of the ICO before making any investment decisions. Subject to these Terms, NAMETOKEN.IO invitation to participate in the ICO shall not be in any event construed as investment advice.
7. By using the Website or its related services, including NAT TOKENS sale process, you expressly agree to be bound by all of the Terms set forth. In accepting these Terms, you acknowledge that you have read them, understand them, and had an opportunity to seek an independent financial and/or legal advice prior to agreeing to them.
8. You also warrant that you are at least 18 years old and have full capacity to contract under applicable law; only transacting on NAMETOKEN.IO with legally-obtained funds that belong to you; not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of NAMETOKEN.IO; and, comporting with and obeying all applicable laws.
9. At any point, if you do not agree to any portion of the current Terms, you should not proceed to use the Website or participate in the ICO.
In these Terms, the following terms shall have the meaning specified below:
• “Applicable Law(s)” in relation to a party shall include all and any statutes and subordinate legislation and common law; regulations; ordinances and by-laws; directives, codes of practice, circulars, guidance notices, judgments and decisions of any competent authority, or any governmental, intergovernmental or supranational body, agency, department or regulatory, self-regulatory or other authority or organization;
• “Blockchain” means a distributed database that maintains a continuously-growing list of records called blocks in an open ledger, providing a transparent and reliable basis for automated contracting and payments resulting from real-time commercial activity;
• “Bitcoin (BTC)” means the digital currency and payment system using peer-to-peer transactions verified by network nodes and recording in a public distributed ledger;
• “ETH” (the native crypto-tokens on Ethereum blockchain) or any crypto-tokens resulting from any further forking of the Ethereum;
• “ICO” is an acronym for “Initial Coin Offering” and refers to a process of capital rising by which funds are raised during the sale of NAT TOKENS to the Users. To buy NAT Tokens during the ICO a User need deposit BITCOIN, ETHEREUM OR LITECOIN;
• “NAT TOKEN” is an ERC-20-compatible smart contract on Ethereum blockchain used in the ICO;
• “Smart contracts” (“Smart contract system”) – are self-executing contractual states, stored on the ETHEREUM BLOCKCHAIN, which nobody controls and therefore everyone can trust;
• “Terms” means these terms and conditions of sale;
• “Tokens” means cryptographic NAT TOKENS distributed by Domain Media LIMITED during the ICO;
• “User” is a legal or natural person participating in the Initial Coin Offering of NAT TOKENS;
• “You”, “your” and “User” refers to any person participating in the ICO by purchasing NAT TOKENS;
• “Wallet” also referred to as “digital wallets” and means a software program where Bitcoins and other cryptocurrencies are stored on the Blockchain and facilitate sending and receiving of Bitcoins and other cryptocurrencies and gives ownership of the balance to the User. We recommend to use the following wallets: MIST, MYETHERWALLET, METAMASK OR PARITY;
• “Website” is the Website on the Internet at address NAMETOKEN.IO;
• “Whitepaper” is an informational document issued by a Domain Media LIMITED highlighting the features of the Service, available for download at NAMETOKEN.IO.
3. NAT TOKENS ACQUIRING AND DISTRIBUTION
1. THE ICO WILL RUN FOR 60 (SIXTY) DAYS, STARTING FROM 01 AUGUST 2017 UNTIL 30 SEPTEMBER 2017.
2. Domain Media LIMITED reserves the right to change the start date of the ICO as well as the right to extend the sale duration for any reason, including the unavailability of NAMETOKEN.IO or other unforeseen security or procedural issues. Although Domain Media LIMITED does not currently anticipate doing so, it also reserves the right to shorten the sale duration or cancel it for any reason.
3. The value proceeds of the ICO will be used for the further development and advancement of the Decentralized Domain Eco System after the closing date of the ICO in the following proportions:
• Development 30%
• Marketing 18%
• Legal 2%
• Operations 10%
• Domain Investment 40%.
4. Only 98,000,000 NAT TOKENS will be created for acquiring and distribution during the ISO and will be allocated as follows:
• 88,200,000 NAT TOKENS towards the ICO for Users to purchase;
• 6,860,000 NAT TOKENS will be distributed among the Team;
• 2,940,000 NAT TOKENS will be distributed among the Legal/Advisory Team.
5. The price of one NAT TOKEN is set at 0.00025 Bitcoins.
6. Using Deflationary NAT TOKENS 50% of all net profit will be directed for buy-backs. THESE NAT TOKENS WILL BE BURNED TO INCREASE NAT TOKENS MARKET VALUE. The other 50% of NAT TOKENS will be re-invested.
7. The NAT TOKENS will be definitely listed on several online exchange platforms within eight weeks after the end of the ICO. Unsold NAT TOKENS will be stored in a special reserve fund and be used for reward usage for the mobile marketplace.
8. There will be available four types of bonuses. These bonuses refer to the amount of NAT TOKENS will be collected totally during the ICO. Bonuses are not additive and multiplicative. The User will receive:
• +50% of NAT TOKENS bonus until 1000 BTC will be collected totally;
• +30% of NAT TOKENS bonus until 5000 BTC will be collected totally;
• +20% of NAT TOKENS bonus until 10 000 BTC will be collected totally;
• +10% of NAT TOKENS bonus until 15 000 BTC will be collected totally.
9. The User understands and accepts that while the individuals and entities, including Domain Media LIMITED, assigned to this task will make reasonable efforts to develop the Decentralized Domain Eco System, it is possible that such development may fail and NAT TOKENS become useless and/or valueless due to technical, commercial, regulatory or any other reasons.
10. The User recognizes that Domain Media LIMITED do not warrant the period of time for which the NAT TOKENS will be operational. NAT TOKENS may be abandoned by Domain Media LIMITED for a number of reasons, including a lack of interest from the public, a lack of funding or competing services that seek to develop similar products or any other reason.
11. The User understands that Domain Media LIMITED will not provide any refund of the purchase price for NAT TOKENS under any circumstances and/or conditions.
12. The market price of NAT TOKENS will be determined at the end of the ICO. This value will be calculated based on the total BTC collected, divided by 98,000,000 NAT TOKENS.
13. The minimum purchase amount of each User under the ICO is BTC 0.01 (in the case of a natural person) and BTC 0.5 (in the case of a company or association or body of persons, corporate or unincorporated). The maximum single purchase under the ICO is 5 (five) millions of NAT TOKENS.
14. Notwithstanding any provision in these Terms, Domain Media LIMITED is not obliged or committed to sell any or all of the NAT TOKENS during the ICO, and reserves the right to terminate the ICO or otherwise alter the allocation and price of NAT TOKENS as it deems fit without prior notice. Domain Media LIMITED reserves the right to pause the ICO. Domain Media LIMITED does not expect to make such changes or take such action, but may do so in exceptional and unforeseen circumstances beyond the control of Domain Media LIMITED, e.g. a large change in ETH and/or BTC price, DDoS attacks, network overload or any other reason.
15. Each User shall be responsible for keeping relevant Wallets intact and secure at any time. Domain Media LIMITED shall not be held liable for the wallet of any User being hacked, stolen or lost, in which case the delivery of purchased NAT TOKENS could fail, become impossible or be sent in error.
1. The Users bear full responsibility for timely and correct calculation and payment of all taxes due in accordance with the legislation applicable to the Users. The Service is not a tax agent of the User, as well as it does not advise the User on the order of calculation and/or the payment of taxes.
2. All User`s factual and potential tax obligations are User`s concern and Domain Media LIMITED is not in any case and under no conditions bound to compensate for User tax obligation or give the User any advice related to tax issues, including but not limited what kind of filing or reporting you need to do with the competent tax authority, which taxes and to which extent Users are obliged to pay, which tax exemptions you are eligible to etc.
5. INTELLECTUAL PROPERTY
1. Domain Media LIMITED retain all right, title and interest in all of our intellectual property, including inventions, discoveries, processes, marks, methods, compositions, formulae, techniques, information, source code, brand names, graphics, user interface design, text, logos, images, information and data pertaining to the Project, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon.
2. You may not use any of our intellectual property for any reason, except with our express, prior, written consent.
3. These Terms shall not be understood and interpreted in a way that they would mean assignment of intellectual property rights, unless it is explicitly defined so in these Terms.
4. You are being granted a non-exclusive, non-transferable, revocable license to access and use the Website and NAT TOKENS strictly in accordance with these Terms.
5. As a condition of your use of the Website and NAT TOKENS you warrant to Domain Media LIMITED that you will not use the Website or NAT TOKENS for any purpose that is unlawful or prohibited by these Terms.
6. You may not use NAT TOKENS in any manner that could damage, disable, overburden, or impair Domain Media LIMITED. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. LIMITATION TO THE TRANSFERABILITY OF LICENSE SHALL NOT BE UNDERSTOOD IN A WAY THAT THE USERS ARE NOT ALLOWED TO TRANSFER NAT TOKENS TO THIRD PARTIES.
7. All Domain Media LIMITED IP is the property of Domain Media LIMITED and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
8. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Domain Media LIMITED IP, in whole or in part, found on the Website or associated products and services.
9. Domain Media LIMITED IP is not for resale. Your use of the NAT TOKENS does not entitle you to make any unauthorized use of any NAT TOKENS, and in particular you will not delete or alter any proprietary rights or attribution notices in any NAT TOKEN.
10. You will use NAT TOKENS solely for your personal use, and will make no other use of NAT TOKENS without the express written permission of Domain Media LIMITED. You agree that you do not acquire any ownership rights in any Domain Media LIMITED IP.
11. We do not grant you any licenses, express or implied, to the intellectual property of Domain Media LIMITED except as expressly authorized by these Terms.
6. ACCURACY OF INFORMATION
1. An information provider is any company or person who directly or indirectly provides us and/or the User with information (“Information Provider”). Such information could include overall market data, quotations from other exchanges, markets, dealers and/or miners, etc.
2. While we strive to provide you with accurate information, we cannot guarantee that any information on NAMETOKEN.IO will always be accurate. As a result, we are not liable to you, any other person or any institution:
• For the accuracy, completeness, timeliness or correct order of information;
• For any changes or updates to these Terms, with or without notice;
• For any decision you make or action you take by relying on any of the information on NAMETOKEN.IO;
• For any transaction you initiate or attempt that is not completed;
• For any transaction that is completed;
• For the price at which you buy or sell NAT TOKENS;
• If you are not able to buy or sell NAT TOKENS;
• For any law, rule, regulation, action, enforcement or order in your jurisdiction that makes the use, ownership, purchase or sale of NAT TOKENS illegal or impermissible; and
• For any failure set forth in these Terms.
3. PLEASE ALSO NOTE THE RISKS INCURRED WITH ACCESSING OR USING NAT TOKENS AS STATED IN OUR RISK DISCLOSURE.
4. You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that Domain Media LIMITED does not give advice or recommendations regarding NAT TOKENS including the suitability and appropriateness of, and investment strategies for, NAT TOKENS. You acknowledge and agree that you shall access and use NAT TOKENS at your own risk.
5. Under no circumstances may you enter restricted areas of any computer or network of NAMETOKEN.IO or any of its parties, or perform any functions that are not authorized under these Terms. It is strongly recommended that you do not access NAMETOKEN.IO from an unsecured or public computer and/or network.
6. We may modify any or all of NAMETOKEN.IO without notice. Part of or all of NAMETOKEN.IO may periodically be unavailable during planned or unplanned downtime. You acknowledge and agree that NAMETOKEN.IO is not liable or responsible to you for any inconvenience, losses or damage to you as a result of such downtime.
7. RISK DISCLOSURE
1. ACQUIRING AND TRADING BITCOIN, ETHER, LITECOIN OR ANY OTHER BLOCKCHAIN ASSET CARRIES A HIGH LEVEL OF RISK, AND MAY NOT BE SUITABLE FOR YOU. YOU SHOULD BE AWARE THAT YOU MAY SUSTAIN A TOTAL LOSS OF THE FUNDS.
2. When accessing or using NAMETOKEN.IO, please consider the following risks:
• The risk of loss in acquiring NAT TOKENS may be substantial and losses may occur over a short period of time;
• The price and liquidity of NAT TOKENS has been subject to large fluctuations and may be subject to large fluctuations in the future;
• Legislative and regulatory changes or actions in your local jurisdiction or at the international level may adversely affect the use, transfer, exchange and value of NAT TOKENS;
• In your jurisdiction, Domain Media LIMITED may not be regulated as a financial institution, any NAT TOKENS deposits in your personal account may not be considered deposits under the laws, rules or regulations applicable in your jurisdiction and may not be subject to applicable deposit insurance protection;
• NAT TOKENS are not legal tender, are not backed by any government, transactions may not be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable some NAT TOKENS transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the transaction.
3. The market value of NAT TOKEN may be derived from the continued willingness of market participants to exchange crypto or fiat currency for NAT TOKENS, which may result in the potential for permanent and total loss of value of a particular NAT TOKEN should the market for that NAT TOKEN disappear.
4. The nature of NAT TOKENS may lead to an increased risk of fraud or cyber- attack, and may mean that technological difficulties may prevent the access to or use of your NAT TOKENS.
5. The prices quoted on NAMETOKEN.IO may not necessarily reflect the broader market.
6. The use of electronic trading or exchange systems and communication networks to facilitate trades exposes you to risks associated with the system including the failure of hardware and software system or network down timed access or connection failures. You acknowledge that Domain Media LIMITED will not be responsible for any services disruptions, errors or delays that you may experience while using its services.
7. YOU ACKNOWLEDGE AND AGREE TO ACCESS AND USE NAMETOKEN.IO AT YOUR OWN RISK. THE POINTS NOTED ABOVE APPLY TO ALL USERS. HOWEVER, THIS BRIEF STATEMENT DOES NOT DISCLOSE ALL OF THE RISKS ASSOCIATED WITH ACQUIRING OF NAT TOKENS. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH ACQUIRING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. PLEASE CAREFULLY CONSIDER YOUR OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE BEFORE USING ANY OF NAMETOKEN.IO SERVICES. SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IF YOU HAVE ANY DOUBTS.
8. None of the information contained in this Terms constitute an offer to sell any security, financial instruments, or a solicitation of an offer to buy any security, financial instrument, or an advice or recommendation with respect to such financial instruments.
9. Cryptocurrency trading is one of the riskiest forms of investment available on the financial markets and is only suitable for sophisticated individuals and institutions. Given the possibility of losing an entire investment, speculation in cryptocurrency exchange markets should only be conducted with capital funds that if lost will not significantly affect your financial wellbeing.
10. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
8. SYSTEM DISRUPTIONS OR MALFUNCTIONS
1. NAMETOKEN.IO uses commercially reasonable efforts to provide Users with a reliable and secure service. From time to time, interruptions, errors or other deficiencies in service may occur due to a variety of factors, some of which are outside the control of NAMETOKEN.IO.
2. In no event will Domain Media LIMITED, or its affiliates, be liable to you or others for any damages, direct, indirect, consequential or special, including, without limitation, all losses, costs, expenses, loss of profits, loss of business revenue or failure to realize expected savings arising from or out of the existence, furnishing, or functioning of NAMETOKEN.IO, or any act or omission in connection with your accessing NAMETOKEN.IO.
3. We are not liable by reason of acting or failing to act due to an error in any acquiring request actually received by us, or not being received by us. Domain Media LIMITED, or its affiliates, is not responsible for any losses, damages or personal injury that any person suffers as a result of a User accessing NAMETOKEN.IO.
9. USER`S REPRESENTATIONS AND WARRANTIES
1. To acquire NAT TOKENS during the ICO each User shall represent and warrant to Domain Media LIMITED and its affiliates that:
• All the information submitted by the User to Domain Media LIMITED is true, complete, valid and non-misleading;
• the User is not a citizen, tax resident or green card holder of the United States of America; (ii) a company or association or body of persons, corporate or unincorporated of the United States of America;
• the User understands blockchain, distributed ledger technology and crypto-tokens and is fully aware of the risks associated with the ICO;
• the User’s acquiring of NAT TOKENS is voluntary and based on its own independent judgment without being coerced, solicited or misled by anyone else;
• the User is permitted by the laws of each jurisdiction to acquire of NAT TOKENS and is legally permitted to acquire, receive and hold crypto-tokens;
• No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority is required on his/her part in connection with the participation in the ICO;
• the User is experienced in and capable of maintaining and safekeeping the Ethereum private key of the sending address out of which he/she makes any payment for purchasing of NAT TOKENS during the ICO;
• the User aims to acquire NAT TOKENS during the ICO primarily for its primary function as a cryptographic token (which are not redeemable, associated with financial return or backed by any underlying asset or repurchase commitment and do not necessarily have market value or transaction between peers) without expectation of any profit or financial yield and does not contemplate to use NAT TOKENS for any financial, speculative, illegal or non-ethical purpose; and
• The User is not acting as a nominee or agent for or on behalf of any third party.
2. All the above representations and warranties made by a User shall be true, complete, accurate and non-misleading on and from the date of that User making a payment hereunder throughout the ICO and onwards.
10. NO REPRESENTATION OR WARRANTY BY Domain Media LIMITED
1. Domain Media LIMITED does not make, and hereby disclaims, any representation or warranty with respect to NAT TOKENS (including their respective merchantability or fitness for any particular purpose).
2. Each User’s decision to support the ICO and purchase any NAT TOKEN shall be made based on his/her own knowledge of NAT TOKENS and the information disclosed on NAMETOKEN.IO. Without prejudice to the generality of the foregoing, each User will accept any NAT TOKEN on an “as is” basis, irrespective of the technical specifications, parameters, performance or function thereof.
1. Domain Media LIMITED and its affiliates and their respective officers, employees or agents will in regard to the Website and NAT TOKENS not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this Website and NAT TOKENS), even if Domain Media LIMITED has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of NAT TOKENS and the Website or the Platform.
2. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with:
(a) your inability to use the to the Website or NAT TOKENS, including without limitation as a result of any termination or suspension of the Ethereum network or this agreement, including as a result of power outages, maintenance, defects, system failures or other interruptions;
(b) the cost of procurement of substitute goods or services;
(c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the to the Website and NAT TOKENS; or
(d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with to the Website and NAT TOKENS.
3. You waive your right to demand the return of any tokens you exchanged with us for the purpose of acquiring NAT TOKENS, including, without limitation, a demand for specific performance.
4. You will defend, indemnify, and hold harmless Domain Media LIMITED, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any claim concerning these Terms or User`s use of the Website and NAT TOKENS contrary to these Terms.
5. If Domain Media LIMITED or its affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, the User will also reimburse Domain Media LIMITED for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
6. The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
7. Domain Media LIMITED and/or its suppliers may make improvements and/or changes to the Website at any time. Domain Media LIMITED makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the to the Website and NAT TOKENS, information, software, products, services and related graphics contained on the Website for any purpose.
8. To the maximum extent permitted by applicable law, the Website and NAT TOKENS, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.
9. Domain Media LIMITED hereby disclaims all warranties and conditions with regard to the Website and NAT TOKENS, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
10. The User warrants to Domain Media LIMITED that you will not use the Website or the NAT TOKENS for any purpose that is unlawful or prohibited by these Terms. The User may not use NAT TOKENS in any manner that could damage, disable, overburden, or impair other NAT TOKENS or the Website.
1. To the full extent permissible by applicable law:
(a) Domain Media LIMITED makes no, and hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the Website, including but not limited to warranties of performance, functionality, merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance; and
(b) You release and indemnify Domain Media LIMITED in respect of any Claim or Loss which may arise in consequence of your use of NAMETOKEN.IO services or NAT TOKENS, including in consequence of any breach of these Terms.
2. The above indemnity:
(a) extends to Claims incurred or suffered by Domain Media LIMITED’s officers, employees, agents or sub-contractors; and
(b) extends to and includes all Losses incurred in defending and/or settling any Claims, including legal costs on a full indemnity (solicitor/own-client) basis.
13. DISCLAIMER OF WARRANTIES AND LIABILITY
1. Domain Media LIMITED is not giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use NAMETOKEN.IO, NAT TOKENS or providing the services herein, the ability to purchase or sell NAT TOKENS or the storage of NAT TOKENS or fiat currency, and the NAMETOKEN.IO do not recommend, or endorse that you acquire or sell NAT TOKENS or make any investment. Before engaging in any trading or investment activity, you should consult a verified professional.
2. THE SERVICES THAT Domain Media LIMITED PROVIDE THROUGH NAMETOKEN.IO ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS.
3. Domain Media LIMITED DO NOT REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF NAMETOKEN.IO, NAT TOKENS OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON.
4. Domain Media LIMITED SHALL NOT BE LIABLE TO A USER OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF NAMETOKEN.IO, NAT TOKENS OR ANY SERVICES PROVIDED BY THE NAMETOKEN.IO, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF THE Domain Media LIMITED OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING NAT TOKENS, THE SERVICES THEREON OR THE INFORMATION THEREIN.
5. IN NO EVENT WILL Domain Media LIMITED BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF NAMETOKEN.IO, NAT TOKENS, THE SERVICES THEREON OR THE INFORMATION THEREIN.
6. IN NO EVENT WILL Domain Media LIMITED BE LIABLE TO USER, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF THE Domain Media LIMITED HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
7. Domain Media LIMITED may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which a party reasonably and in good faith believes to be valid. A User agrees to indemnify, defend and hold Domain Media LIMITED harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, and damages associated with our or their compliance with any process that such party believes reasonably and in good faith to be valid.
14. DISCLAIMER REGARDING INITIAL COIN OFFERING
1. NO ADVICE. You agree that Domain Media LIMITED will not provide you with any investment or other advice regarding the suitability of any ICOs, NAT TOKENS or related investment products. A User will not solicit or rely upon (if given) any such advice from Domain Media LIMITED or any of its employees or agents.
2. NO LIABILITY. You agree to make your own judgments and decisions with respect to the ICO, NAT TOKENS or related product independently and without relying on Domain Media LIMITED. You assume full responsibility for all your investment decisions. Neither Domain Media LIMITED nor any of its employees or agents shall incur any liability in connection therewith.
3. NO LIABILITY FOR TECHNICAL ERRORS. You assume responsibility for the technical integrity of the Smart Contract for NAT TOKENS. Domain Media LIMITED cannot and shall not guarantee the integrity and security of the ICO and NAT TOKENS. Domain Media LIMITED under no circumstance will assume liability or be held responsible for the technical failure of NAT TOKENS or the Smart Contracts for the ICO, which may result in a complete loss of funds and investment.
15. LIMITATION OF LIABILITY
1. Nothing in these Terms is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified. Any representation, warranty, condition or undertaking which (but for this clause) would be implied in this document by law, is excluded to the fullest extent permitted by law.
2. Domain Media LIMITED is not liable to the User for any Claims (arising in contract, tort, statute or otherwise, or as a result of a force majeure) which may arise in consequence of, or in connection with, your use of NAT TOKENS, the Website and these Terms.
3. The User indemnify and hold harmless Domain Media LIMITED for all Claims (arising under contract, tort, statute or otherwise, or as a result of force majeure), which may be made against Domain Media LIMITED or arise as a consequence of, or in connection with, your use of NAT TOKENS, the Website and these Terms.
4. Notwithstanding any other provision of these Terms and to the fullest extent permitted by law, Domain Media LIMITED will not be liable to you for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by you as a result of any act or omission whatsoever of Domain Media LIMITED, its officers, employees, agents or sub-contractors.
5. If you have any liability to Domain Media LIMITED under these Terms, then Domain Media LIMITED may set-off that liability against any liability it has to you.
6. The User acknowledges and agrees that, to the fullest extent permitted by any applicable law, the User will not hold any developers, auditors, contractors or founders of the ICO, the Blockchain System liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use NAT TOKENS, the ICO or Blockchain system under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that developers, auditors, contractors or founders of Domain Media LIMITED or the Blockchain System shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use of NAT TOKENS, the Blockchain System and/or the ICO.
7. The User further specifically acknowledges that developers, auditors, contractors or founders of the Domain Media LIMITED, NAT TOKENS, Smart Contract System and/or the Services are not liable, and the User agrees not to seek to hold them liable, for the conduct of third parties, including other creators of NAT TOKENS, and that the risk of acquiring, creating, holding and using NAT TOKENS entirely with the User.
8. By acquiring, creating or holding NAT TOKENS, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, contractors or founders) liable for any regulatory implications or liability associated with or arising from the acquiring, creation or ownership of NAT TOKENS or any other action or transaction related to NAT TOKENS.
9. Domain Media LIMITED does not guarantee the permanent and uninterruptible operation of the Website or NAT TOKENS and does not take any responsibility for direct, indirect, accidental, special, circumstantial or punitive damages, including but not limited to the losses in the form of lost profit for the mistakes and/or technical issues in operation of the Website or NAT TOKENS, or restriction of the access to the Website or NAT TOKENS on the territory of any jurisdiction.
1. NAMETOKEN.IO shall not use, process or transfer User`s personal data beyond the limits permitted by statute and/or laws. Unless you select otherwise, the information provided to NAMETOKEN.IO will not be visible to the public or other community members.
2. Before participating in the ICO and/or acquiring NAT TOKENS you have to provide certain personal information about yourself (this may include, but is not limited to, your name, contact details, date of birth, personal identification number, field of activity, residency, bank account information, source of funds, scanned copy of passport or similar personal documents, and any other details that may be required to meet legal requirements) to enable us to verify your identity.
3. Domain Media LIMITED performs KYC (“Know Your Customer”) and AML (“Anti-Money Laundering”) procedures. If you supply NAMETOKEN.IO with the personal information described above and any other personal data (including IP address), you agree that NAMETOKEN.IO will therefore process your information for AML purposes, and can provide your information to the state authorities in the countries Domain Media LIMITED operates.
4. You hereby authorize Domain Media LIMITED to, directly or through third parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public domains or reports, and to take any action we reasonably deem necessary based on the results of such inquiries or reports. You further authorize any and all third parties to whom such inquiries or requests may be directed to fully respond to such inquiries or requests.
5. The data that Domain Media LIMITED collect from the User will be transferred to, and stored at, in the EU and may be transferred and/or stored to other places outside the European Economic Area (EEA). It may also be processed by staff, operating outside the EEA, who works for Domain Media LIMITED or for one of its service providers.
6. By submitting any of your personal data, you agree to this transfer, storing, or processing. Domain Media LIMITED will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms.
7. Third parties may be located in other countries where the laws on processing personal information may be less stringent than in your country. Our services may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates (including, but not limited to).
8. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
1. Domain Media LIMITED reserves the irrevocable right to change, modify, add, or remove portions of these Terms at any time during the ICO and afterwards by posting the amended Terms on the Website, as well as making a public announcement.
2. The revised version of the Terms will be effective at the time Domain Media LIMITED posts it on the Website unless indicated otherwise. If you do not agree to be bound by the amended or modified Terms, you must cease accessing or using NAT TOKENS or NAMETOKEN.IO immediately.
All NAMETOKEN.IO services shall cooperate with all law enforcement inquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES WITHOUT GIVING EFFECT TO ITS PRINCIPLES OF CONFLICTS OF LAWS. ANY DISPUTE ARISING UNDER THESE TERMS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF ENGLAND AND WALES COURTS.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
IF ANY PROVISION OF THESE TERMS SHALL BE HELD TO BE ILLEGAL, VOID, INVALID OR UNENFORCEABLE UNDER THE APPLICABLE LAWS OF ANY JURISDICTION, THE LEGALITY, VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THESE TERMS IN THAT JURISDICTION SHALL NOT BE AFFECTED, AND THE LEGALITY, VALIDITY AND ENFORCEABILITY OF THE WHOLE OF THIS AGREEMENT IN ANY OTHER JURISDICTION SHALL NOT BE AFFECTED.
1. All materials, published on the Website or elsewhere, are not binding and do – unless explicitly referred to herein – not form part of these Terms, and are of descriptive nature only.
2. Domain Media LIMITED does not permit individuals under the age of 18 to register with our Website and use our products. If we become aware that a child under the age of 18 has provided us with personal information, we will delete such information from our files immediately and block its access to our Website.
3. Domain Media LIMITED and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, hacker attacks, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war, changes in blockchain technology (broadly construed), changes in Bitcoin, Ethereum or any other blockchain protocols or any other force outside of our control.
4. Domain Media LIMITED and the User are independent contractors, and neither party, nor any of their respective affiliates, is an agent for the other for any purpose or of the authority to bind the other.
5. These Terms do not create any third-party beneficiary rights in any individual or entity.
6. The User will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer contrary to these Terms will be void.
7, Subject the foregoing, these Terms will be binding upon, and inure the benefit of the parties and their respective successors and assigns. The failure or omission by Domain Media LIMITED to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time.
23. ACCEPTANCE OF TERMS
1. By the acquisition of NAT TOKENS, a user confirms that, to the extent permitted by law, he/she is authorized to acquire NAT TOKENS and to fully understand and to be bound by these Terms regarding his/her relevant jurisdiction.
2. If you access or use NAMETOKEN.IO services, electronic platforms and/or the Website, then you indicate that you agree to these Terms. If you do not agree to any of the specific Terms herein you may not take part in the ICO, acquire NAT TOKENS, access or use the Website.
3. These Terms govern the creation, acquisition, transfer and holding of the NAT TOKENS and supersede any public statements about the launch of NAT TOKENS and/or the Smart Contract System made by anyone in the past, present and future.
4. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US BY E-MAIL AT INFO@NAMETOKEN.IO.