Impahla DAO
Legal Disclaimer and Terms of Use
Effective Date: 20th October, 2023
Version: 1.00
Introduction
By accessing and using the Impahla platform at www.impahla.io (the “Platform”), which serves as a user interface providing access to the NFT Launch and marketplace platform governed by the blockchain-based decentralized protocol (the “Decentralized Protocol”), You acknowledge that You have read, understood and agreed to be bound by all the terms and conditions stipulated in the Legal Disclaimer and the Terms of Use (the “Terms”) provided below as well as our Privacy Policy.
These Terms govern the implementation and use of the Platform. The Platform is distinct from the Decentralized Protocol and is one, but not the exclusive, means of accessing the Decentralized Protocol. The Decentralized Protocol comprises an open-source or source-available self-executing smart contract that is deployed on Radix distributed ledger technology. .
By using the Platform, You understand that Impahla DAO, the company to be registered under the laws of the Republic of Seychelles, does not control or operate payment processing within Decentralized Protocol, and does not have custody or control over any assets or blockchains you are interacting with, and does not execute or effectuate purchases, transfers, payments, or sales of any assets.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
In these Terms, the term “You” refers to you, the person entering into these Terms or, if you are entering into these Terms on behalf of an organization, that organization.
By accessing or using the Platform, You represent and warrant that You are of legal age, in the jurisdiction where You are ordinarily resident or from which You access the Platform, to enter into a binding contract with Impahla DAO. If You do not meet these requirements, You must not access or use the Platform.
The Terms are effective between You and Impahla DAO as of the date of Your acceptance. You and Impahla DAO are each individually referred to herein as a “Party,” and collectively as “Parties”.
Legal Disclaimer
Important Note.
Nothing in this Legal Disclaimer (the ”Legal Disclaimer”) is an offer or solicitation of an offer to buy any assets, nor is it intended to form the basis for any investment decision in any jurisdiction worldwide or provide any specific recommendations. The information may not be complete and does not create any contractual obligations. We cannot guarantee the accuracy of the information provided and no guarantees, warranties or undertakings are made regarding its completeness.
Access to and use of the Platform is at Your sole risk. The Impahla DAO provides the service “as is”, “with all faults” and “as available”. To the maximum extent permitted by law, we expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in these Terms, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting from such information.
The Platform purpose is to facilitate users' interaction with the Decentralized Protocol. We make no representations regarding the value of any assets, or the security of the Decentralized Protocol. You do not interact with us when You perform any transactions, rather You interact with the Decentralized Protocol directly.
Ownership. We do not own the underlying software which governs the operation of the Decentralized Protocol, even technically supported by us or created by us, nor do we guarantee its functionality, security, or availability.
Risk Acceptance.
Any digital asset, and its underlying technology may be vulnerable to attacks on its security, integrity or operation, including attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger and may be lost if sent to the wrong address (for example, but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of assets).
By making use of the Platform, You also acknowledge and agree that:
(1) we shall not be liable for any risks or adverse outcomes associated with transactions with any assets, including digital currencies and their derivatives;
(2) we do not guarantee uninterrupted and secure operation of the Decentralized Protocol and it may be disturbed by numerous factors beyond our control, and
(3) the functionality of the Platform is experimental in nature and the Decentralized Protocol is the new technology.
Your Representation and Warranties. You represent and warrant that You have:
(1) the sufficient technical expertise and ability to review and evaluate the security, integrity and operation of the Platform; and
(2) the knowledge, experience, understanding, professional advice and information to make Your own evaluation of the merits and any risks associated with access to the Decentralized Protocol via the Platform.
Terms of Use
Contractual Relationship. These Terms constitute a legal agreement and create a binding contract between You and Impahla DAO.
Third Party Software. You and Impahla DAO both agree that the Decentralized Protocol may grant You additional rights, and to the extent there is a conflict between those licenses and these Terms, with respect to the Decentralized Protocol, those license terms supersede any conflicting terms of these Terms.
Links. The Platform may contain links to third-party websites or services, which do not belong to the Impahla DAO and the Impahla DAO do not control them. Please read public documents of those third-party websites and services before using them.
Rules of Conduct: While using the Platform, you agree to:
- not violate or assist any third party in violating these Terms;
- use the Platform in compliance with all applicable laws, including local laws of the country or region in which You reside or in which You access or use the Platform;
- not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) or any other rights or interests of any party;
- not use the Platform in any way that can damage, disable or overburden the Platform, which may include, but is not limited to sending viruses, Trojan horses, spyware, adware or any other malicious code, performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to maintain the functioning of the Platform.
Reservation of Rights: Impahla DAO and its licensors retain ownership of the Platform, including all related intellectual property rights, and Platform and its licensors reserve all rights not expressly granted to You under these Terms. The Platform is not sold to You and provided for use only under these Terms. No ownership rights are transferred to You under these Terms.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Impahla DAO BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR: (I) LOSS OR INACCURACY OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; OR (II) ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES OR PROFITS; (III) ANY MATTER BEYOND ITS CONTROL INCLUDING ANY LOSS CAUSED BY USAGE OF DECENTRALIZED PROTOCOL; OR (IV) ANY AMOUNT IN THE AGGREGATE OVER $100.
IN SOME JURISDICTIONS, THE EXCLUSION OR RESTRICTION OF INCIDENTAL OR CONSEQUENTIAL LOSSES IS NOT ALLOWED, SO THIS LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE TO YOU.
YOU ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IMPAHLA DAO DISCLAIMS ALL WARRANTIES RELATING TO THE PLATFORM, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMPAHLA DAO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE PLATFORM FOR YOUR INTENDED REQUIREMENTS OR PURPOSES, INCLUDING FOR USE WITH YOUR SOFTWARE APPLICATION. FURTHER, IMPAHLA DAO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTEGRITY OF DATA THAT YOU TRANSMIT, TRANSFER, STORE, OBTAIN OR RECEIVE THROUGH USE OF THE PLATFORM. IMPAHLA DAO IS NOT OBLIGATED TO MAINTAIN OR SUPPORT THE PLATFORM, OR TO PROVIDE YOU WITH UPDATES, FIXES, OR SERVICES RELATED THERETO. YOU ASSUME ALL RISK ARISING FROM USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE RISK OF DAMAGE TO YOUR COMPUTER SYSTEM, SOFTWARE APPLICATION, THE CORRUPTION OR LOSS OF DATA, AND COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING LAWS AND REGULATIONS RELATED TO PRIVACY AND DATA PROTECTION).
You agree to indemnify and hold harmless Impahla DAO, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) Your use of, or conduct in connection with the Platform, (ii) Your breach or our enforcement of these Terms, or (iii) Your violation of any applicable law, regulation, or rights of any third party during Your use of the Platform.
If You are obligated to indemnify the Impahla DAO, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.
Term. These Terms will commence on the date You access the Platform, and will continue until terminated as provided in clauses 6.2 or 6.3.
Termination for Convenience. Impahla DAO may terminate these Terms for any reason with thirty (30) days’ advance notice to You. Impahla DAO may, in its sole discretion, reinstate Your ability to access the Platform. You may terminate the Terms at any time by discontinuing your use of the Platform.
Termination for Breach. Impahla DAO may terminate these Terms immediately upon written notice if You breach these Terms. Impahla DAO may, at its sole discretion, reinstate Your ability to use the Platform if You demonstrate that You have remedied any such breach.
Survival Upon Termination. Notwithstanding the foregoing, Sections 3 (Limitation of Liability), 4 (Disclaimer of Warranties), 7 (Force Majeure), 8 (Intellectual Property), 9 (Severability) and 13 (Governing Law) will survive any termination of these Terms.
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, government sanctions or orders, whether known or unknown at the time the parties enter into these Terms) (each a “Force Majeure Event”).
All components and the content (unless stated otherwise) of the Platform, belong to the Impahla DAO and are protected by the intellectual property rights legislation.
You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer, or otherwise exploit the content or technology associated with the Platform without the express prior written consent of the Impahla DAO].
Violation of any of the intellectual property rights of the Impahla DAO is strictly prohibited.
If any term, clause, or provision of these Terms is found to be invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.
10.1.These Terms are for the benefit of the Parties and their successors and assigns. The Parties and their successors and assigns are bound by these Terms.
10.2.We may assign our rights under these Terms without Your consent at any time and without notice.
We reserve the right, at our sole discretion, to change, modify, update, add, or remove portions of the Terms at any time, with or without any prior notice to You. Please check these Terms periodically for any changes. Your continuing use of the Platform following any revisions or changes to the Terms will constitute Your irrevocable acceptance of any and all such revisions and changes.
These Terms may, at our sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for Your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Seychelles. Any dispute controversy, or claim arising out of, or relating to, or in connection with these Terms, including with respect to the formation, applicability, breach, termination, invalidity, enforceability or any dispute regarding non-contractual obligations arising out of or relating to such obligations, shall be referred to the competent courts of Republic of Seychelles.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between You and the Impahla DAO, or authorize You to act as agent of the Impahla DAO.
Should You have any comments, questions, or complaints, please contact us at support@impahla.io.