<span lang="plaintext" dir="undefined"><pre><code class="language-plaintext">TERMS & CONDITIONS
DISCLAIMER YOU ARE ONLY ABLE VIEW OR USE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE IF YOU ACCEPT ALL OF THESE TERMS. VIA APP, SMART CONTRACTS, WEBSITE, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU MUST NOT USE THE APP, THE SMART CONTRACTS AND THE WEBSITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
YOUR INSTALL, ENTRANCE OR USE OF THE WEBSITE, APPS OR SMART CONTRACTS CONSTITUTES YOUR AGREEMENTS TO THIS TERMS AND ANY FUTURE REVISIONS.
GENERAL PROVISIONS
Everdome is a virtual world of the Metaverse, based on network connections and new technologies, enabling Users to acknowledge the terms and conditions of purchasing Tokens. Detailed terms and conditions of their purchase and use are specified herein, via information published directly on the Platform, as well as in the Whitepaper and other documents shared by the Service Provider.
The User acknowledges and accepts that the Service Provider manages https://everdome.io / https://metaverse.everdome.io / https://map.everdome.io / https://astronft.everdome.io (and any others within the everdome.io domain - collectively as “the Platform”) and You, by purchasing the Tokens as a part of the blockchain network (BSC or equivalent), establish a relationship on a basis of other terms and conditions or terms and conditions of service provision, including especially, but not only, information and documents available on websites www.bnbchain.org/en/smartChain and/or www.metamask.io or others to which the Website is currently redirected, to make payment for the Token (including NFTs). Thus, the User acknowledges and accepts that purchasing of the Tokens does not refer to any a transaction or conclusion of any agreement directly with the Everdome.
The User accepts the provisions hereof, without any doubts nor additions, as well as the User acknowledges and accepts that: (i) the Token distribution process is not a public offer, alternative investment fund management activity nor activity performed by an investment fund, and that the Service Provider's activity is not a banking activity, or an insurance or reinsurance activity within the meaning of the relevant national acts in the place of the Service Provider's main office; (ii) the Service Provider does not guarantee the User that the execution of any activity on the Platform (in particular but not limited to Staking, HERO Vesting, TGLP Vesting) or within the Service, as well as the acquisition of Tokens (including in particular, but not limited to the $DOME token and NFT collections – Everdome Genesis Collection, Everdome Astro NFT and Everdome Lands) bring the User expected outcomes, results, or economic or financial profits.
You expressly acknowledge that your receipt, purchase, or possession of Crypto Assets does not give you any rights in or claims against Everdome, that Crypto Assets are not a financial or investment instrument of any kind, that Crypto Assets may not have any real-world monetary value whatsoever, and that Everdome is not responsible for any value attributable to, or fluctuations or loss in the value of Crypto Assets.
Any information presented by Everdome does not constitute an offer within the meaning of the relevant legal regulations, nor does it constitute a calculation for such offer, and is for informational purposes only.
The Terms and Conditions define the rules for using the Internet Platform available at https://everdome.io (and any others within the everdome.io domain) as well as for the provision of electronic services via it. The Everdome is the entity that manages the Platform, while Users purchasing Tokens may establish relationships on the basis of separate terms and conditions or conditions for the service provision (for example https://opensea.io), including in particular, but not only, on the basis of information and documents provided by the Everdome.
Each User is obliged to comply with the provisions hereof while taking steps to use the Platform. The User is obliged to read the content hereof. Acceptance hereof is voluntary, but it is a condition of using the Platform. Documents intended for Users are made available in electronic form on the Platform in such a way that Users can store and retrieve them in the course of ordinary activities.
Headings are purely ordinal and may only support the interpretation and clarification hereof. A reference to documents is a reference to the relevant document and any subsequent amendment or modification thereof, unless otherwise stated in the content of the reference. Here, unless the context requires otherwise: (i) words describing a kind refer to all kinds; (ii) singular words refer to also as plural, and plural words refer to also as singular; (iii) capitalized words refer to definitions in (II) hereof. The content of the Whitepaper affects the interpretation of the provisions hereof, and these documents are treated as mutually explanatory.
DEFINITIONS
Everdome / Service Provider – The Administrator and the Service Provider of the Platform https://everdome.io (and any others within the everdome.io domain) is: Everdome FZCO DSO - IFZA Dubai Digital Park Dubai Silicon Oasis Dubai. Contact is available at e-mail: marketing@everdome.io.
Agreement – shall mean these Terms & Conditions.
User – A natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law to participate in the Platform, if applicable in the place of temporary or permanent residence and who uses the Services or/and the Platform.
User Content – shall mean all the non-personal data that the User uploads, transmits, creates, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidential information, Restricted Content or viruses, adware, spyware, worms or other harmful codes, files and software.
Whitepaper – a document specifying terms and conditions of the Platform and Tokens functioning. The document is available at the Platform.
Account – collections and competences assigned to the User within the scope of the Platform, includes data necessary for authorisation (including in particular, but not only - wallet address on Metamask) and for using some services accessible via the Platform (for example Staking, HERO Vesting, TGLP Vesting).
Crypto Assets / Tokens – the term refers to the cryptocurrency tokens issued in the blockchain technology including Non Fungible Tokens (NFT), the detailed operating conditions of which are described in the documents provided by the Everdome on the Platform.
Intellectual Property Rights – means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semiconductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world.
Platform – means distribution platform on which Everdome distributes the Services (in particular, but not limited to https://everdome.io/).
Restricted Content – means any content or term that: (i) promotes or is related to illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes or chain letters etc.); (ii) promotes or is related to tobacco, gambling or weapons; (iii) is related to pornographic or obscene material; (iv) is related to excessively graphic or explicit violence; (v) is defamatory, inappropriate or profane; (vi) is discriminatory or constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; (vii) promotes or contains viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of Everdome, any User, or any other third party.
Service / Services – use of the Everdome’s metaverse applications, games, website (including Platform), smart contracts and related services. The Users will be able to access online gaming services and interactive games produced by the Everdome and including the features available within games. Within Service, Users may earn virtual game-specific items or abilities represented by certain Crypto Assets. Users may also purchase Crypto Assets via a third party marketplace accessible within Service. User shall have control over their Everdome Crypto Assets and are able to sell, or purchase Everdome Crypto Assets on any compatible marketplace.
SNS – Social Networking Site, such as Facebook or Twitter.
ICT – a system of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device.
KYC/AML – a set of activities as a result of which information on a particular User is obtained. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing.
RESTRICTIONS
Our Services are intended to be played by adults and we do not knowingly collect, and do not wish to collect information about children. Creating an Account or entering the Service is not permitted for persons under the age of 13. The User shall deny access to the Service to children under the age of 13. The User shall be fully liable for any unauthorized use of the Service by minors, including payment instruments or online payments system.
If the User’s age is between 13 and 17, it is the User’s legal guardian who has to review and agree to this Agreement. If the User accesses the Service from an SNS, the User shall comply with its terms of service/use as well as this Agreement.
Use of the services may be territorially restricted. The Everdome offers access to the services in accordance with local law. The Everdome does not allow the use of the services by Users under the jurisdiction of: United States, Italy, Germany, Afghanistan, Libya, Serbia, Belarus, Somalia, Cuba, Sudan, South Sudan, Democratic Republic of the Congo, North Korea, Burundi, Syria, Egypt, Republic of Guinea, Bissau, Tunisia, Eritrea, Iran, the Central African Republic, Venezuela, Iraq, the Republic of the Union of Myanmar, Yemen, Lebanon, Zimbabwe. Everdome reserves the right to choose, limit or refuse to provide services in a particular jurisdiction at any time.
Users are required to use the Platform in a manner consistent with applicable law, herewith, regulations of third-party websites, as well as the principles of social coexistence, including the general principles of using the Internet and websites, and respecting the rights of third parties and the Everdome. In particular, the User is obliged to use the Platform in a way that does not interfere with its functioning, is not inconvenient for other Users and the Service Provider and respectful for the personal rights of third parties (including the right to privacy) and any other rights they are entitled to. In addition, the User is obliged to use all information and materials shared via the Platform only within the scope of fair use and potential licenses.
It is prohibited to: (i) create an Account using a false identity or information or on behalf of someone other than User; (ii) purchase, sell, rent or give away the User’s Account; (iii) use the Account for commercial purposes or to advertise, solicit, transmit commercial advertisements, including spam e-mail or repetitive or misleading messages to anyone.
ACCESS AND USE OF THE PLATFORM AND SERVICES
Platform Access. The Platform is accessible for users of devices with the Internet connection. In order to use the Platform, the User shall enter correctly the website address and run it on his/her device that supports the ICT system. Services available on the Platform are provided 24 hours a day, 7 days a week, at the User's individual request, based on running the Platform and using the Services.
Results of the Violations. If it is found that the User commits activities prohibited by law or hereby, or violates the principles of social coexistence or prejudicial to the legitimate interest of the Service Provider, the Service Provider may take all legally permitted actions, including limiting or preventing the User from using the Platform and provided Services.
External Services and Content. The Service Provider, in cooperation with the third-party providers, may provide Users with additional services and content on the Platform. Terms and conditions for the provision of electronic services as part of those websites are set out in the individual regulations of the websites. Using additional services and content requires reading and accepting their terms and conditions. In the event of a conflict between hereof and terms and conditions of additional services and content, the provisions of individual websites shall apply. In matters not covered by provisions of individual websites, the provisions hereof shall apply.
Representations on the Crypto Assets. The User represents that as a part its activities on the Platform, the User acts on his/her own and on his/her own behalf, and in particular does not act for the benefit of a person or entity being a citizen or a resident of countries where law restricts or prohibits participation in processes collectively and commonly referred to as Initial Coin Offering or classifies the Tokens distribution process only as issuing of financial instruments or derivative financial instruments within the meaning of relevant national acts. The User accepts that the Tokens are not: (i) a document issued by name, on request or issued to the bearer, as well as a financial instrument and a participation unit nor an investment certificate; (ii) a packaged retail investment product within the meaning of Article 4 of the Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) and is not under any provisions of law provided by the state.
Termination of the Account and Service. Notwithstanding with Everdome’s other remedies, if Everdome considers that the User violates this Agreement or law, Everdome may at its own discretion limit, suspend, terminate, modify or delete Accounts, access to the Service or/and the Platform or parts of it. Everdome shall not be obliged to compensate the User loss of the Account and other benefits and privileges relating to use of the Services and lost due to the aforementioned Everdome’s decision. Everdome may also take other technical and legal steps to prevent the User who violates this Agreement or law to access the Service or/and the Platform, if Everdome considers that the User’s actions violate any laws and third parties rights, including but not limited to Intellectual Property Rights and create risk of possible legal actions against Everdome or its affiliates. Everdome has the right to stop supporting or offering the Service at any time and for any reason. In that case the User’s license is immediately terminated. Everdome shall not be responsible to compensate the User any loss of benefits, privileges or funds that may derive from the Service’s discontinuation. Everdome may at its sole discretion decide what misconduct shall be considered as violating this Agreement and take suitable actions, including deleting the User Content, termination of the User’s Account, prohibiting the User from using the Service or take any other actions allowed by the law.
Ownership. Everdome is owner and shall have all rights, title and interest, including but not limited to all Intellectual Property Rights or other proprietary rights in connection with: (i) Metaverse application, games and Service – including without limitation any games, titles, smart contracts, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Everdome game client, and the Everdome game clients and server software; (ii) Accounts – the User shall have no ownership or other proprietary interest in the Account; (iii) Trademarks, service marks and logos contained in the Services. Except as expressly provided in these Terms of Use, no part of any Intellectual Property Rights owned by Everdome may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Everdome’s express prior written consent.
USER CONTENT IN THE METAVERSE
The User warrants that the User Content comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by Everdome in accordance with its policies. Everdome has the right to monitor, record or store the User’s interactions with the Services, Everdome or other players while the User is using the Services (including without limitation communications through in-game text or video chat). Everdome may also edit, refuse to post, or remove any User Content. However, Everdome shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. Everdome shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with Everdome’s other remedies set forth in this Agreement or by law, the User shall compensate to Everdome any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.
License to User Content. User hereby grants Everdome an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles Everdome to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following: any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory; any transactions with the User Content’s original and copies made in accordance with point i) – placing them on the market, renting, lending; any other distribution, including: (a) any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services; (b) any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned in letter (i); (iii) any public performance, display, exhibition, and in relation to User Content computer program layer also in the following fields of use: (a) permanent or temporary duplication of the software in whole or in part, by any means and in any form; (b) distribution, including lending or rental of software or a copy thereof.
Everdome may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User Content and all modified works and works which derive from the User Content. On the basis of the given consent by User, Everdome can use and exploit the User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, within the scope regulated by the Privacy Policy of the Platform.
User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law.
Everdome does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.
TOKEN PURCHASE AND USE OF THE SERVICE
Tokens. As a part of the activities performed on the Platform in relation to the functionalities offered by the smart contract, the User obtains the option of purchasing the convertible Tokens hereunder. Details on how to purchase Tokens are each time specified by the Platform, smart contract or other entities to which the Platform redirects (e.g. Metamask), in terms of making payments for the purchase of Tokens. The purchase of the Tokens entitles the Users to obtain the benefits specified in the Whitepaper, subject to provisions hereof. The collection of the Tokens by the User takes place immediately via the blockchain network, after the correct payment by the User. All information about the Tokens is posted on the Platform in a place visible to the User or via the websites of third parties to which the Platform redirects.
Transactions in blockchain technology. The User, via the Platform and third party websites, in particular via the blockchain network, obtains the possibility of purchasing Tokens as a digital representation of the value generated in the blockchain network. Details on the method of purchasing the Tokens and their value expressed in the price - each time determined by third parties or websites of these third parties. Blockchain networks require the payment of a transaction fee (hereafter referred to as “Gas Fee”) for every transaction that occurs on the blockchain networks. The User acknowledges and accepts that all transactions in blockchain technology (including transactions related to the Tokens) are final and it is not possible to return.
The collection of the Tokens takes place immediately via the smart contact using the blockchain technology or other services that enable an automated operation of payment processing in return for the acquisition of the Tokens by the User. This information is made available by the Service Provider on the Platform in a place visible to the User. The User may freely dispose the Tokens to third parties, pursuant to the Whitepaper, using blockchain technology.
Everdome shall have no liability to User or to any third party for any claims or damages that may arise as a result of any transactions that User engages in via the Service or using the smart contracts, or any other transactions that User conducts via blockchain network.
Access Fees. Access to the Platform is free of charge, subject to the data transmission costs required to run and use the Platform, which the User is obliged to cover on his/her own. The Everdome is not liable for the amount of fees charged for the use of data transmission necessary to use the Platform. In terms of access to some of the Services, Everdome is allowed to condition access by having the appropriate collection of NFT Tokens in the User's Account (in a wallet such as Metamask). In this case, the User is obliged first to purchase the relevant NFT Token (or Tokens) in order to access the relevant Service.
Taxes. User shall be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with User’s use of the Service or the Platform (including, without limitation, any Taxes related to User’s ownership or transfer, of any of the Everdome Tokens or NFT). Except for income taxes levied on Everdome, User shall: (i) pay or reimburse Everdome for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to Everdome pursuant to these Terms & Conditions.
Fees and price. Crypto Assets, fees, and billing procedures may change over time. The existence of a particular offer for Crypto Assets does not mean Everdome will maintain or continue to make available that particular Crypto Assets or that particular offer. The scope, variety, and type of Crypto Assets that User may obtain can change at any time and Everdome has the right to manage, regulate, control, modify, or remove any or all Crypto Assets being in the possession of Everdome’s in its sole discretion, in which case, unless prohibited by applicable law, Everdome shall have no liability to User or anyone for the exercise of such rights. Unless prohibited by applicable law, User’s continued use of the Service after notice of the changes will indicate User’s acceptance of those changes. The price of Crypto Assets on secondary markets may vary depending on a variety of factors including where or how User obtains them. The price and availability of Crypto Assets on secondary markets may change without notice. You expressly acknowledge and agree that your participation in Service, and your receipt and possession of any Crypto Assets, is voluntary and for entertainment purposes only.
Risk assumptions. While Everdome has taken a number of precautions to ensure the security of the Crypto Assets, the technology is relatively new and it is not possible to guarantee that the code is 100% free from exploits, bugs or errors. User accept all risks that arise from using the Service and Crypto Assets, including but not limited to the risk of any funds being lost due to a failure of the Service. Your Crypto Assets may be lost, stolen, or otherwise rendered unusable due to bugs in smart contracts implementing the Service. You accept and acknowledge each of the following: The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money. Everdome does not store, send, or receive Crypto Assets - they are maintained on the blockchain network. User acknowledges and understands that there are risks associated with using an cryptocurrency (Tokens), including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. User accepts and acknowledges that Everdome will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the blockchain network. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Everdome’s ecosystem, and therefore the potential utility or value of Crypto Assets. Transactions that take place on the Service via blockchain are managed and confirmed via the blockchain network. You understand that your cryptocurrency wallet public address will be made publicly visible whenever you engage in a transaction on the Service or/and the Platform. Everdome neither owns nor controls any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Service (e.g. Google, Opensea, Metamask etc.). Everdome shall not be liable for the acts or omissions of any such third parties, nor shall be liable for any damage that User may suffer as a result of User’s transactions or any other interaction with any such third parties.
Safety. Each User undertakes to use the Service and/or the Platform in accordance with its purpose, applicable law, social and moral norms and the provisions hereof. The User is obliged to protect own passwords, logins and private keys to the Tokens against third parties access. Any results of unauthorized acquisition of the password, keys or other data enabling the access to the Tokens owned by the User are not the liability of the Everdome.
Service and Platform breaks. Breaks of technical causes may occur during functioning of the Platform and the Service. The User has no claims resulting from the suspension or termination of the Services provision by the Everdome. The provision of the Services may be interrupted in the event of inappropriate connection quality, damage or defects of telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any action of third parties.
Blocking the Access. Everdome has the right to block access to the Platform and the Service or individual functions in the event of irregularities in the use of the Platform or/and the Service, in particular in the event of circumstances that could harm the User or the Everdome. The Service Provider shall not be liable for the temporary suspension of access to the Platform and Service for the period necessary to remove any threats or irregularities.
No Warranties. Everdome does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as well as Everdome does not warrant that its Services will suit the User’s purpose of use.
Updates. To provide the Service’s proper performance, Everdome at its sole discretion, has the right to update its Service without prior notification. To continue using of the Everdome’s Services the User must accept these updates, including updates of third parties’ software from time to time.
COPYRIGHTS AND INTELLECTUAL PROPERTY
Competent Entity. The Service Providers has all rights to the Platform, including proprietary copyrights to the Platform, as well as to its individual parts, in particular to text, graphic and multimedia elements as well as programming elements generating and operating the Platform, including industrial property rights and any other derivative rights, excluding the content provided by third-party providers.
License. Upon the use of the Platform and the acceptance hereof by the User, the Service Provider grants the User a non-exclusive license to use the Platform, to the extent of the Services used by the User. The license is non-transferable and is granted for the duration of the User's use of the Platform in accordance with its purpose and in a manner consistent herewith. The non-exclusive license granted to the User does not authorize the User to grant further licenses. Furthermore, the User is not authorized to act outside the scope of the License.
Transferring the content of the Platform to third parties is allowed only with the use of tools contained on the Platform and intended for this purpose. The User has no right to reproduce, sell or otherwise market or distribute the Platform's source code, in whole or in part, in particular to send or make it available in computer systems and networks, mobile application distribution systems or any other ICT systems.
Non-convertible Tokens Copyrights. The Everdome declares that it is an entity authorized in the field of copyright to works related to individual non-fungible tokens (NFT). Everdome, in connection with the User's purchase of non-fungible tokens, grants him/her a non-exclusive license, unlimited in time and territory, to use the work in a form of the token in the following scopes of use: (i) recording and reproducing the work - producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology; (ii) in terms of trading in the original or copies on which the work was recorded - trading, lending or renting the original or copies; (iii) disseminating the work by public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and time chosen by him/her;
The Licensee (User) may, within the scope of his authorization, grant further sub-licenses for which the Licensor (Everdome) agrees. Sub-licenses shall be granted in the case of transfer of the Tokens in the manner specified herein. The remuneration for granting a license and further sub-licenses is included in the purchase price of NFT tokens for the original purchase of the Token.
Along with the termination of the Agreement, the granted licenses are terminated with a 7-day notice period. For the use of the work after this period, the Service Provider shall be entitled to charge additional remuneration. All provisions regarding the granted license, set out in this section, also apply to further sub-licenses granted by Users.
Breach of the License Terms and Conditions. In the event of a breach by the User of the terms and conditions of using the Platform or the licenses granted, the Service Provider shall be entitled to block the User's access to the Platform and revoke the granted license. The above does not prejudice the Service Provider's right to take other appropriate and legal actions in connection with the breach.
NOTIFICATIONS AND COMPLAINTS
All notifications about functioning of the Platform and Services provided via it, as well as questions about using the Platform shall be directed via e-mail address: marketing@everdome.io.
Content of the Notification. The notification shall include: User’s data, contact, reasons for notification and detailed description.
Response to the Notification. Within 14 days from the date of receiving a notification, the Everdome considers the notification and informs the User about the result of its consideration. This period may be extended if the consideration of the complaint requires special information or the Service Provider encounters other difficulties beyond its control or if it is necessary to obtain additional information from the User. The reply to the complaint shall be sent by the Service Provider to the e-mail address from which it was received. Sending a complaint by the User in an electronic form is understood as a consent to receive a response from the Service Provider also in electronic form.
Reservations. The Service Provider reserves the right not to respond to a complaint that is clearly unfounded, in particular to the extent that the complaint has already been examined in relation to a given User.
LIABILITY OF THE LIABILITY
The Everdome supervises the technical functioning of the Platform and Services on an ongoing basis, ensuring its correct operation. However, the Everdome does not guarantee the constant availability of all functions of the Platform and Services, as well as their error-free operation.
Exemption of Liability. The User uses the Platform and Services voluntarily, at own risk. As far as it is permitted by law, Everdome is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from Everdome’s gross negligence or willful misconduct or from death or personal injury arising from Everdome’s any negligence or fraud. This Agreement does not affect any statutory rights of consumers. The User undertakes to indemnify, defend and hold Everdome (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service and the Platform, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
Force Majeure. Everdome shall not be liable and shall be excluded from performing if such performance hereunder is interfered with by any condition beyond Everdome’s reasonable control, including labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.
FINAL PROVISIONS
Disputes. All disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the User and Everdome. The User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the User is obliged to contact Everdome via e-mail address pursuant to provisions hereof. If the above requirements are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of the registered office of the Everdome. At the same time, the User acknowledges and accepts that disputes arising herefrom may only be considered on the basis of an individual case of the User. In no way the Everdome is obliged to settle disputes as collective cases or collective actions.
Relevant Jurisdiction. The provisions hereof and all disputes between the Everdome and the User are subject to law applicable in the place of the Everdome’s main office at a given moment. Any claim arising out of it shall be resolved exclusively by the competent court having jurisdiction in the United Arab Emirates, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
Right to transfer. The User acknowledges and accepts that the Everdome may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.
Additional Policies. Everdome may publish additional policies related to its Services. The User must agree and comply with these policies to use the Services.
Nullity. No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire document is null and void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
Right to change. Everdome reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the User shall be informed and Everdome shall publish the current wording of the Agreement with the date of amendments on https://everdome.io. </code></pre></span>
