Terms and Conditions
Last revised Date: 12 March 2024
- Introduction
These Terms and Conditions (herein referred to as “Terms”) govern the use and the conditions of “Interstellar DAO”, a service which grants crypto investors holding Interstellar DAO NFTs access to early private sales of crypto assets (herein referred to as “Services”, which shall be interpreted to include the Interstellar DAO Website and Decentralized Application), as provided by Interstellar DAO Holdings Limited (herein referred as “Company” or “we” or “us” or “our”), a company incorporated and registered under the laws of Republic of Seychelles. These Terms constitute a binding and enforceable legal contract between Company and its Affiliate and subsidiaries worldwide and you, an end user of the Services (herein referred to as “you” or “user”) in relation to the Services. You and Company are referred to separately as “Party” and collectively as “Parties”.
By accessing, registering, using, or clicking on the Services, and information made available by Company via the Website, you hereby accept and agree to all the terms set forth herein.
You are strongly advised to carefully read these Terms as well as the provisions detailed in our Privacy Policy prior to using the Website and our Services. By using the Website and the Services in any capacity, you agree that: (i) you have read and familiarized yourself with these Terms; (ii) you understand these Terms; and (iii) you agree to be bound by these Terms when using the Website. If you do not agree to these Terms, please do not access or use the Website and the Services.
We reserve the right to modify or amend these Terms, the Website, or any content on either one of the platforms from time to time, including for security, legal, or regulatory reasons, as well as to reflect updates or changes to the Services or functionality of the Website. You are advised to check these Terms periodically to ensure that you are cognizant of the current versions and comply with them. Users of the Website and the Services are bound by these changes which will take immediate effect after the revised versions of these Terms have been published on the Website. Through your continued use of or interaction with the Website, the Services, tools, and information made available on these platforms, you hereby agree to be bound by the provisions highlighted in the subsequent versions.
We will provide a notification on the Website specifying that changes have been made to these Terms whenever they occur. By accepting the notification, you accept that we have provided you with sufficient notice of any changes. You should seek professional advice regarding any possible legal requirements you must comply with in relation to use of the Website, and tools that related to participating in the Services provided by us.
- Definitions
"Affiliate" refers to in relation in any party, any other company which, directly or indirectly, (i) is controlled by that party, (ii) controls that party, or (iii) is under common control with that party, and in respect of Company, shall also include any fund, limited partnership or other collective investment vehicle or other person which is managed or advised by our team.
"AML" refers to Anti-Money Laundering.
"Applicable Laws" refers to acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or regulatory bodies, including, but not limited to, the governing law stipulated under Laws of the Seychelles.
“Interstellar DAO NFT” refers to a non-fungible token which is native to the Platform. Users need to hold an Interstellar DAO NFT to participate in any Services hosted on the Platform including investment in crypto assets offered in early private sales groups.
"CFT" refers to Combating the Financing of Terrorism.
"Confidential Information" refers to any non-public, proprietary information or documents of or related to the User or Company (whether in writing, orally or by any other means) by or on behalf of the User to Company and which if disclose in tangible or intangible form is marked confidential (including in visual, oral, or electronic form) relating to Us or any other User that was previously a User, which is provided or disclosed through Company (or to any employees or agents) in connection with the use or participate in Services.
"Content" refers to all content generated by Company, including logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, any written or multimedia materials, services, advertisements, software, code, data, files, archives, folders, or available downloads on the Platform.
“Cookie” refer to the small text files that are placed on your computer by the Website that you visit. They are widely used in order to make Websites work, or work more efficiently, as well as to provide information to the owner of the site.
“Platform” refers to the Website and Decentralized Application, or any other platform that facilitates access to early private crypto sales offered in the Interstellar DAO community.
"Prohibited Jurisdictions" specifically refer to the United States of America (including its territories, and dependencies, and any state of the United States), Botswana, Cambodia, Central African Republic, Cuba, Democratic People’s Republic of Korea, Ethiopia, Ghana, Iran, Iraq, Libya, Somalia, South Sudan, Sri Lanka, Syria, Sudan, Thailand, Trinidad and Tobago, Tunisia, Venezuela, Yemen.
“Services” refer to the services provided to the Users through the Website, which include the accessibility to early private crypto sales, and other relevant services available through the Platform and all free trials and beta services made available by Company, which may be subject to periodic revision.
"Wallet(s)" refers to a wallet which must be compatible with the Ethereum Network, such as MetaMask or Trust wallet.
- General Provisions
3.1. Contractual Relationship
These Terms constitute a valid and binding agreement between You and Company. The binding obligations stipulated in these Terms are enforceable.
3.2. Revision and Amendments
Company reserves the right to revise, amend, or update any clauses and provisions stipulated in these Terms in its sole discretion at any time. Company will notify the revision or amendment of such clauses or provisions by updating these Terms and specify the 'Last Revised Date' displayed on a page of Terms and Conditions. Any revisions and updates on these Terms will be automatically effective upon their publication on the Platform, which includes the Website. Therefore, your continuity of accessing or using the Platform, and Services will be deemed that you agree to have read, understood, and accepted all revised terms and provisions. If you do not agree on any revised or updated terms and provisions, you should immediately stop accessing or using our Services. You are encouraged to frequently and carefully review these Terms to ensure that you understand these Terms.
3.3. Privacy Policy
You acknowledge and confirm that you have read, understood, and agreed to provisions stipulated in the Privacy Policy, which will explain how Company treats your information and protects your privacy when accessing or using the Platform.
By using the Platform, you hereby agree that Company may collect, use your information, and anonymized data pertaining to your use of the Services for analytics, trends’ identification, and purpose of statistics to further enhance the effectiveness and efficiency of the Services.
You hereby expressly authorise Company to disclose any and all information relating to you in Company’s possession to any law enforcement or government officials upon the request by the court order.
3.4. Links to and from the Website
(a) You may, through hypertext or other computer links, gain access form the Website to websites operated or made available, or otherwise licensed by persons other than us (“Third Party Services”). Such hyperlinks are provided for your convenience.
(b) A link from Third Party Services does not mean that Company endorses or approves the content on such website or does not mean Company is an operator of that Website. You understand that you are solely responsible for determining the extent to which you may use or rely upon any content at any other Third Party Services websites which you have accessed from the Company Website. Company has no control over the content of these sites or resources and accept no reasonability for them or for any loss or damage that may arise from your use of them.
(c) Company assumes no responsibility for the use of, or inability to use, any Third Party Services’ software, other materials, or contents posted and/or uploaded on such website and we will have no liability whatsoever to any person or entity for any inaccuracy or incompleteness of such third-party content. All intellectual property rights in and to Third Party Services are property of the respective third parties.
3.5. Disclaimer for Accessibility of the Website and the Services
(a) The Website merely facilitates the Users accessibility to early private crypto sale groups and does not provide you with any warranty or representation whatsoever regarding its quality, value, specification, fitness for the purpose, completeness or accuracy of its technology or infrastructure of the crypto assets offered in through those groups.
(b) Company will make all commercially reasonable attempts to facilitate information about early private crypto sales on the Platform. However, you hereby acknowledge that Company does not guarantee the accuracy, timeliness, or completeness of such information, and does not provide any warranty in connection with your use or reliance on such information. You agree that your use of such information will be at all your own risk. Company will not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any information provided on the Platform.
(c) To the extent permitted by applicable laws, the Website and Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. Company does not warrant that the features, and functions contained in the Website and the Services will satisfy your preferences You hereby agree and acknowledge that your access and use of the Website and the Services are at your own risk, and you will be liable for any responsibility, consequences that may arise out of or in connection with the usage or accessibility of the Website and the Services. You expressly agree that Company will have absolutely no liability in this regard.
(d) You hereby agree and acknowledge that the Website may contain links to a third-party website or services that are not owned or even controlled by Company, thus Company will hold no responsibility for the content or services, goods, or activities provided by such third-party website. You further agree that Company has no liability directly or indirectly for any damage, loss, or consequence arising out of or in connection with the usage or reliance of any content, material, services available through the third-party website.
(e) Company reserves the right to limit the availability of the Website to any person, geographic area, or jurisdiction we so desire and/or terminate your access to and use of the Website and the Services, at any time and in our sole discretion.
(f) Company may, at our sole discretion, impose limits or restrictions on the use you make of the Website. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may withdraw the Website or your access to the Website and the Services at any time and without notice to You.
3.6. Information
You acknowledge that you are solely responsible for any submissions of all contents, remarks, suggestions, ideas, materials, feedbacks, or other information, including bug reports in relation to the Services provided through the Website including any submission to our social media platforms such as Twitter and Telegram, and you, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyright. We shall reply on the information you have provided and will not verify it. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit, or abridge any submission for any reason and to freely use, copy, disclose, publish, display, or exploit such submission as we deem necessary without any payment of royalty, acknowledgement prior to consent, we may retain copies of all information materials relevant to the Service.
- General Provisions
4.1. All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and Services are owned by or otherwise licensed to Company. Subject to your compliance with these Terms, Company grants you a non-exclusive, non-sub license, and any limited license to merely use or access the Website and the Services in the permitted hereunder.
4.2. Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Company’s or any other third party’s intellectual rights.
4.3. If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
4.4 You agree and acknowledge that all Website content must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from Company.
4.5. Third parties participating on the Website may permit Company to utilise trademarks, copyrighted material, and other Intellectual Property associated with their businesses. Company will not warrant or represent that the content of the Website does not infringe the rights of any third party.
- Participation in the Services
5.1. In order to avail access to the Services or participate in the Platform and early private crypto sales groups, you may be required to go through KYC/AML/CFT process as requested by each early private crypto sale. Please refer to the Identification Verification through KYC/AML/CFT Process in Clause 6 for further information.
5.2. You hereby acknowledge that participation in the early private crypto sales groups is a high-risk investment and that you bear all risk of loss of such assets invested in any crypto assets and acknowledge the risk factors in Clause 10.
5.3. Company reserves the right to amend any terms related to the Staking Service at any time in its sole discretion. Company will not be liable for any losses due to your misunderstanding of the Staking Service terms and changes to such term’s rules.
5.4. Due to anti-money laundering concerns, deposits to our server through the Company webapp cannot be withdrawn and may only be used within the system.
- Identity Verification through KYC/AML/CFT Process
6.1 Interstellar DAO is a decentralised platform for offering access to early private crypto sales to holders of Interstellar DAO NFTs. As a software development company, we have no role in enforcing KYC/AML/CFT by default, however, we have a mandatory requirement for Identification Verification KYC/AML/CFT tools for crypto fundraisers using Interstellar DAO to enforce on their investors.
6.2 The use of KYC/AML/CFT tools on the Platform by crypto fundraisers using the Services on the Platform is not at the discretion of said entitles, and they must require you to complete KYC/AML/CFT verification process before participating in any early private crypto sale events.
6.3 Although Company makes no warranty as to the merit, legality, or juridical nature of any crypto asset issued in an early private sale, we nonetheless understand the need of early private crypto sales to require KYC/AML/CFT Verification on their token sale participants of Users. Therefore, Company reserves the right:
(a) at any time, to ask for your personal information, Name-Surname, Birthday,-e- mail address, nationality, location, government identification number (Identification Card/Passport number and Date of Identification Card/Passport issuing), telegram username, wallet address, and any KYC/AML/CFT documentation with the liveness test that it deems necessary to determine the identity and location of a User, and reserves the right to restrict Service and payment until identity is sufficiently determined;
(b) at any time, to ask for your personal information, Name-Surname, Birthday,-e- mail address, nationality, location, government identification number (Identification Card/Passport number and Date of Identification Card/Passport issuing), telegram username, wallet address, and any KYC/AML/CFT documentation with the liveness test that it deems necessary to determine the identity and location of a User, and reserves the right to restrict Service and payment until identity is sufficiently determined;
(c) The liveness test shall mean taking a photo of your government identification with your phone or camera. Then, also take a photo of yourself (selfie of your face) holding your ID document and the paper you wrote on next to your face (not covering your face), the piece of paper shall write down (1) their name, (2) the current date, and (3) the last 4 characters of your wallet address.
(d) to share the submitted KYC/AML/CFT information and documentation to the third parties to verify the authenticity of submitted information, and the end user (you) agree to this by using the Service;
(e) to reject the use of the Service that Company has the reasonable ground to believe that they are found to be in violation of relevant and applicable AML/CFT laws and regulations, and to cooperate with the competent authorities or any investigation when and if necessary upon the valid request by the court order.
6.4 Company expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Service is not offered to individuals or entities on any Politically Exposed Persons (“PEP”) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Service, you represent that you are not on any such lists.
6.5 You fully acknowledge that your information and KYC/AML/CFT documentation may be disclosed to government agencies or regulator upon the only valid request of the court order. Once you have decided to participate in any early private crypto sales, you must ensure that all information provided to Company is complete, accurate, and updated in a timely manner. Company will rely on the information you provided and should there be any reasonable grounds to believe that the partial or the whole of your information provided to us is incomplete, or incorrect, or outdated, Company reserves the right to send you a notice to demand correction, or to delete such information directly, and, as the case may be, to prohibit you to access to all or part of the Website and the Services.
6.6 If Company has the reasonable grounds to believe that any user transacts or use the Services by using the digital currencies derived from any suspicious illegal activities, Company shall be entitled to freeze/close/delete accounts as necessary. Company will hold no liability to such users for any damage, or loss arising out of or in connection with this manner herein. Please note that any attempt to circumvent this Clauses will also result in a similar action.
- Interstellar DAO NFTs
7.1 Company will issue a non-fungible token called “Interstellar DAO NFT”. The Interstellar DAO NFT will be divided into different tiers with rights and privileges as granted by the Company subject to its sole discretion.
7.2 Users who hold at least one Interstellar DAO NFT in their wallets will be eligible to participate in the Interstellar DAO community as according to the rights and privileges granted by their Interstellar DAO NFT or as determined by the Company or the decentralized community.
7.3 Interstellar DAO NFTs are not considered as security of any kind, and they also do not carry any right to vote, manage or share in the Platform.
7.4 Interstellar DAO NFTs are neither money nor legal tender/currency, whether fiat or otherwise, and it does not carry any value whether it is intrinsic or assigned. - Misuse of the Website
8.1 In the event of any misuse and/or abuse of the Website or breach any provision in these Terms, we reserve the right to block your access to the Website and other until the matter is solved.
8.2 Use of the Website for transmission, publication or storage of any material on or via the Website which is in violation of any applicable laws or regulations or any third-party’s rights is strictly prohibited, including but not limited to the use of the Website or the transmission, distribution, publication or storage any material on or via the Website in a matter or for the purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protections laws, is fraudulent or breaches any exchange control laws. - Services
9.1 Representations and Warranties
You hereby agree to make the following representations and warranties for accessing to the Website and the Services:
(a) You have full capacity and authority under the application laws to agree and bind yourself to these Terms.
(b) You are eighteen years of age or older.
(c) You are not a citizen or a resident from the Prohibited Jurisdictions, and you do not have any relevant connection with any jurisdictions where we have prohibited services and access to the Website.
(d) You are aware and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the Website and the Services. Your use of the Website and the Services are not for any unlawful or illegal purposes, including but not limited to the usage against the copyright laws, AML/CFT laws.
(e) You are the exclusive owner of the Interstellar DAO NFTs and your other crypto assets, held in your wallet. The tokens maintained in your wallets are not and will not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable laws. You further hereby acknowledge and agree that Company will not be responsible for actions taken by you that result in the loss or destruction of the value of the tokens and rewards you hold in the wallet.
(f) You validly undertake any action or enter into any transaction with regard to these Terms. You are solely responsible for use of the Website and the Services for all activities, or transactions that occur on or through your User account on the Platform.
(g) You will provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using or participating Services on the Platform. You will further agree to put your effort to ensure that the confidentiality of your personal or credential information, including your wallet address is restricted, and safely maintained to your device you use to access the Website.
(h) You will acknowledge and agree that if you lose access to the wallet that you connected with the Platform, Company will not be able to help you recover those lost, or transfer any crypto assets or any Interstellar DAO NFTs back to your wallet. It will be your solely responsibility to manage your, and private key.
(i) You will be responsible for obtaining the data network access necessary to use the Website. Your network's data and rates and fees may apply if you access or use the Website from a wireless-enabled device, and you will be responsible for such rates and fees.
(j) You will understand and be aware of risks associated with accessing or using or participating in Services, and you will be fully liable at your own risk.
(k) You will be aware that you are subject to tax regulations in the jurisdiction you reside in and will be fully responsible for filling or reporting any taxes and paying them as required by the Applicable Laws. Company will not be liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation with respect to any tokens may expose you to any unknown or unforeseeable tax implications associated with your holding of tokens and the use of Services for which Company will have no liability. Moreover, you will not hold Company liable for any expenses or losses resulting from unknown or unforeseeable tax implications.
(l) You will not breach any of the provisions stipulated in these Terms, the Privacy Policy, or any Applicable Laws in any relevant jurisdictions.
(m) You will not use the Website and the Services in one of any following manner, except as expressly permitted in these Terms.
You will not:
(a) infringe any propriety rights, including but not limited to copyrights, patents, trademarks, or trade secrets of Company.
(b) use the Website or the Services to transmit any data or send or upload any material or content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of the Website and the Services provided on the Platform.
(c) expressly or impliedly, use the Website and the Services that is deemed unlawful, offensive, malicious, threatening, libellous, defamatory, obscene, or otherwise objectionable or violates these Terms, or any other party's intellectual property.
(d) modify, make any back-up or archival copies of the Platform or any part thereof including disassembling, and you will also not adapt, hack the Website or modify another Website to imply that it is associated with the Website falsely.
(f) crawl, scrape, or otherwise cache any content from the Website, and you will agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the Website.
(g) use the Website or any of its contents for advertising or soliciting, for any other commercial, political, or religious purpose, or to compete, either directly or indirectly with Company.
(n) You will defend, indemnify, and not hold Company, its Affiliate, each of their respective employees, officers, directors, and representatives liable to and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees), arising out of or relating to any third-party claim concerning these Terms, or your use of Services in violation of these Terms and applicable laws.
9.2 Each of the Representations and Warranties will survive and continue to have full force and effect after the execution of these Terms. - Risk Disclosures
By accessing or using or participating in Services, you expressly acknowledge and assume the following risks:
Risks Relating to NFTs
10.1 The value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
10.2 You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.
10.3 A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
10.4 The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
10.5 You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Company is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or the sale/purchase of your NFTs.
10.6 There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
10.7 We do not have ownership or control of the smart contracts deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality.
10.8 We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Company has no ability to reverse any transactions on the blockchain.
10.9 There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
10.10 The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
10.11 Company reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on the Platform. Under no circumstances shall the inability to view items on Company or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Company.
Risks Relating to Early Private Crypto Sales
10.12 Risk of loss in value
Tokens or any digital currencies are not issued by any central banks or national, supra-national, or quasi-national organizations. They are also not backed by any hard assets or other credit. The value of tokens or any digital currencies is affected by several factors, including but not limited to, the total number of tokens or any digital currencies in existence, the continued willingness of market participants to exchange government-issued currency for tokens or digital currencies , purchasers' expectations with respect to the rate of inflation of fiat currencies, purchasers' expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies from online digital wallet providers, or news of such theft from such providers or individuals' digital wallets, investment and trading activities of large investors, monetary policies of the governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Thus, all these factors will affect the value of tokens or digital currencies, which may result in the permanent partial or total loss of the value of a particular tokens or digital currencies. No one will be obliged to guarantee the liquidity or the market price of any of the tokens or digital currencies maintained into your wallets. The volatility and unpredictability of the value of tokens or digital currencies relative to the government-issued currency may result in a significant loss over a short period of time.
10.13 The regulatory regime governing tokens or digital currencies
The regulatory framework relating to tokens or digital currencies remains unsettled, and any laws, regulations, or guidelines may be significantly revised and amended which will materially and adversely affect the value of tokens or digital currencies and your services on the Website or the Platform as follows.
10.14 Technical and System Failure affecting the obligations stipulated in these Terms
Company may experience system failures, unplanned interruptions in its Ethereum Network or services, hardware or software defects, security breaches or other causes that could adversely affect the infrastructure network, which includes Website and the Platform.
Company is unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects in the Website, Users' wallets or any technology, including but not limited to smart contract technology. Also, Company is unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.
In addition, Company's network or services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond Company's control. Although Company has taken steps and used its best endeavour against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the Platform and its services, there can be no assurance that cyber-attacks, such as distributed denials of service, will not be attempted in the future, and that Company's enhanced security measures will be effective. Any significant breach of Company's security measures or other disruptions resulting in a compromise of the usability, stability and security of Company's network or services, including the Platform, may adversely affect the Interstellar DAO community.
10.15 Company will have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond Company's control, including, but not limited to:
(a) Acts of God, nature, or court of government;
(b) Failure or interruption of public or private telecommunication networks, the failure of Ethereum, communication channels or information systems;
(c) Acts or omission of acts of a party for whom We are not responsible;
(d) Delay, failure, or interruption in, or unavailability of, third-party services;
(e) Strikes, lockouts, labour disputes, wars, terrorist acts and riots.
10.16 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITE IS COMPLETELY AT YOUR OWN RISK. THIS CLAUSE IS NOT EXHAUSTIVE AND DOES NOT DISCLOSE ALL THE RISKS ASSOCIATED WITH DIGITAL CURRENCIES AND THE USE OF SERVICES. THEREFORE, YOU ARE RECOMMENDED TO CAREFULLY CONSIDER WHETHER SUCH USE IS SUITABLE FOR YOU IN LIGHT OF YOUR JUDGEMENT, CIRCUMSTANCES, AND FINANCIAL POSITION.
10.17 if you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE. - Limitation of Liability
11.1 NOTWITHSTANDING ANY PROVISIONS WITHIN THESE TERMS, IN NO EVENT WILL Company, ITS AFFILIATE, OR ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO THE USER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR OTHER SUCH WEBSITES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR OTHER SUCH WEBSITES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF YOUR CREDENTIAL INFORMATION, LOSS OR INTERRUPTION OF TECHNOLOGY, LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF THE USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Company WILL ALSO HAVE NO LIABILITY FOR ANY EMERGENCY AND/OR UNFORESEEABLE INCIDENTS RELATED TO YOUR USE OF Services ON THE PLATFORM SUCH AS STOLEN PRIVATE KEY, OR HACKED ACCOUNTS.
11.2 Except as expressly provided in these Terms, and to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service provided incidental to Services under these Terms.
In no event will our aggregate liability for any loss or damage that arises in connection with Services exceed the purchase amount you paid to participate in the Platform, if any, during a twelve (12) month period immediately preceding the event that gave rise to the claim for liability. The preceding limitations of liability will apply to the fullest actual amount you paid to participate or access in the Platform.
11.3 Except as expressly provided in these Terms, and to the fullest extent permitted by any Applicable Laws, Company, its Affiliate, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:
(a) your use of, inability to use, or availability or unavailability of the Services, including any third party services made available through the Services;
(b) the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to Company’s records, programs, services, server, or other infrastructure relating to the Services;
(c) the Services being infected with any malicious code or viruses; or
(d) the failure of the Services to remain operational for any period of time. - Indemnification
You irrevocably undertake the responsibility of fully indemnifying and holding harmless each of Company, its Affiliate, licensors, shareholders, officers, directors, managers, employees, and agents from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including, but not limited to, any reasonable attorney's fees or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:
12.1 Your use or any person using the Services on your behalf or participation in accordance with Services on the Website or the Platform;
12.2 Your breach of or our enforcement of these Terms;
12.3 Any violations of Applicable Laws, regulation, or rights of any third-party during your use or participate in the Platform.
If you are obligated to indemnify Company, its Affiliate, shareholders, licensors, officers, directors, managers, employees, and agents, Company will have the right, at our sole discretion, to control any action or proceeding and to determine whether Company wishes to proceed, or settle, and if so, on what terms or provisions. - Termination
13.1 These Terms will be immediately terminated by discontinuing your use, or participate in Services and you agree to terminate the accessibility on the Platform.
13.2 These Terms can be suspended or terminated without a notice from us if there is a reasonable ground to believe that you have breached any of the terms or provisions stipulated in these Terms, or if you do not comply with these Terms.
13.3 The termination of these Terms will not prevent Company from seeking remedies from you in the case where you breach any terms or provisions before such termination. Company will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
13.4 Any ongoing obligation to you as well as the provisions regarding (i) Company' Intellectual Property, (ii) No solicitation or Offering, (iii) indemnification, (iv) Limitation of liability, and (v) any other provisions designed to survive, will survive any termination or expiration of these Terms for any reason. - No Financial and Legal Advice
Interstellar DAO is merely a technology platform, and we are not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using or participating on the Website or the Platform. No communication or information provided to you by Company is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services, Transactions, and Investments will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any services, or investments are suitable and match your interests according to your judgement, objectives, circumstances and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.
Before executing any transactions, purchasing Interstellar DAO NFTs or crypto assets on the Platform, you should consult with your independent financial, legal, or tax professionals. Company will not be liable for the decisions you make to access and purchase through the Company. - Notice/Announcement
Any notice, requests, demands, and determinations for Company under these Terms (other than routine operational communications) shall be sent to info@interstellardao.com. - Governing Law, Resolving Disputes, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING A CLASS ACTION.
16.1 Notice of Claim and Dispute Resolution Period
Please contact Company first. Company will seek to address your concerns without resorting to formal legal proceedings whenever possible. If you have a dispute with Company, you should contact Company, and a case number will be assigned. Company will attempt to resolve your dispute internally as soon as possible. The parties will agree to negotiate in good faith to resolve the dispute and discussions will remain confidential and subject to applicable laws protecting settlement discussions from use as evidence in any legal proceeding.
16.2 Agreement to Arbitrate
You and Company agree that subject to paragraph 16.1 above, any dispute, claim, or controversy between you and Company that arises in connection with, or relating in any way, to these Terms, or to your relationship with Company as a user of Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by a mandatory final and binding individual arbitration rather than a class action, except as set forth below under Exceptions to the Agreement to Arbitrate. You and Company further agree that the arbitrator will have the exclusive power to rule on his or her jurisdiction, including, without limitation, any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including, if applicable, attorney fees, except the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
16.3 Arbitration Rules
Any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
16.4 Governing Law/Jurisdiction
The governing law of the arbitration will be that of the Republic of the Seychelles.
16.5 Confidentiality.
The parties agree that the arbitration will be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration will not be disclosed to any non-parties except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to facilitate the arbitration. Notwithstanding the preceding, a party may disclose information to the extent that disclosure may be required to fulfil a legal duty, protect, or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive the termination of these Terms and any arbitration brought under these Terms.
16.6 Class Action Waiver
You and Company agree that any claims relevant to these Terms, or your relationship with Company will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Company further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties involved.
16.7 Company reserves the right to update, modify, revise, suspend, or make future changes to Clause 16.2 regarding the parties' Agreement to Arbitrate, subject to applicable laws. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause is up to date. Subject to applicable laws, your continued use of your Company account will be interpreted as your acceptance of any modifications to Clause 16 regarding the parties' Agreement to Arbitrate. You agree that if you object to the modifications to Clause 16, Company may block access to your account pending closure of your account. In such circumstances, these Terms prior to modification will remain in full force and affect the pending closure of your accessibility. - Miscellaneous
17.1 Severability
If any of the provisions in these Terms is found by a court of competent authority to be invalid, void, unlawful or unenforceable under any applicable laws, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions herein.
17.2 Variation of Terms
Company has the right to revise these Terms at our sole discretion at any time, and by using the Website or other the Platform, you will be expected to review such Terms regularly to ensure that you understand all provisions stipulated in these Terms.
17.3 Assignment
Company will be allowed to assign, transfer, and subcontract Our rights and/or obligations under these Terms without the need to provide you any notification or acquire your consent. Nevertheless, you will not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
17.4 Entire Agreement
These Terms, including the Privacy Policy and any rules contained on the Website or others the Platform, constitute the sole and entire agreement between You and Company with respect to your use of the Platform, and supersedes other prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between You and Company with respect to such subject matter.
17.5 No Third-Party Rights
Nothing in these Terms will be deemed to create any rights to any creditors or other persons, not a party hereto. Moreover, these Terms will not be construed, in any respect, to be a contract, in whole or in part, for the benefit of any third parties.
17.6 Clickwrap
Company may deliver the Service through electronic means such as download links, graphical, Tools or other technologies for providing the Service for users. The user interfaces to such electronic means may require that the users agree to these Terms by checking a box, clicking a button, or continuing with the Service. If user through such action the user becomes a Party to these Terms. Such an action of acceptance shall be sufficient to bind the users to the terms and conditions herein these Terms.
17.7 Waiver
The failure of one Party to require the performance of any provision will not affect that Party's right to require performance at any time thereafter. At the same time, the waiver of one Party to seek recovery for the other Party's violation of these Terms of any provisions of applicable terms will not constitute a waiver by that Party of any subsequent breach or violation by the other Party or of the provision itself.
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