Legal terms, December 1, 2021
The following Terms and Conditions (“Terms”) govern your (“you” or the “Purchaser”) purchase of cryptographic tokens (“DOME”) from Everdome.io Limited, a private limited company registered in the UAE, Everdome FZCO DSO - IFZA Dubai Digital Park Dubai Silicon Oasis Dubai (the “Company”). Each of you and the Company is a “Party” and, together, the “Parties” to these Terms. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. This document describes the DOME token sale.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE DOME FROM THE COMPANY. BY PURCHASING DOME FROM THE COMPANY, YOU WILL BE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY AT MARKETING@EVERDOME.IO .
By purchasing DOME, and to the extent permitted by law, you are agreeing not to hold any of the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Everdome Team”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of DOME, including losses associated with the terms set forth below.
PURCHASES OF DOME SHOULD BE UNDERTAKEN ONLY BY INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE WITH, AND UNDERSTANDING OF, THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING Binance Smart Chain TOKENS, AND BLOCKCHAIN BASED SOFTWARE SYSTEMS. PURCHASERS SHOULD HAVE A FUNCTIONAL UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMS ASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE THE COMPANY WILL BE AVAILABLE TO ASSIST PURCHASERS OF DOME DURING THE SALE, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF BTC, ETH OR DOME RESULTING FROM ACTIONS TAKEN BY, OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE DOME OR PARTICIPATE IN THE SALE OF Everdome. YOUR PARTICIPATION IN Everdome SALE IS DEEMED TO BE YOUR UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.
YOU MAY NOT MAKE A ACQUIRE A DOME TOKEN IF YOU ARE A CITIZEN, RESIDENT (TAX OR OTHERWISE) OR GREEN CARD HOLDER OF THE UNITED STATES OF AMERICA, OR OTHER COUNTRIES WHERE THE CRYPTOCURRENCIES ARE PROHIBITED BY LAW.
The Company warrants that neither it nor its shareholders will purchase DOME during the Everdome sale. Furthermore, the Company warrants that neither it nor its shareholders will purchase DOME from any third party during the period of the DOME sale.
ALL PURCHASES OF DOME ARE FINAL. PURCHASES OF DOME ARE NON- REFUNDABLE. BY PURCHASING DOME, THE PURCHASER ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, DIRECTORS OR SHAREHOLDERS ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING DOME AT THE PURCHASER’S SOLE RISK AND THAT DOME IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE Everdome TEAM WARRANTS THAT THE PROCESS FOR PURCHASING DOME WILL BE UNINTERRUPTED OR ERROR-FREE.
Unlike bank accounts or accounts at some other financial institutions, Everdome is uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company, to offer recourse to you.
A private key, or a combination of private keys, is necessary to control and dispose of DOME stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing DOME will result in loss of such DOME. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your DOME. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store DOME in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your DOME. Additionally, your failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving DOME, or provides an address that is not BEP20 compatible, may result in the loss of your Tokens.
Because DOME and the Everdome platform are based on the Binance Smart Chain protocol, any malfunction, breakdown or abandonment of the Binance Smart Chain protocol may have a material adverse effect on the platform or DOME. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the DOME and the platform, including the utility of the DOME for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Binance Smart Chain protocol.
As with other decentralized cryptographic tokens based on the Binance Smart Chain protocol, DOME are susceptible to attacks by miners in the course of validating DOME transactions on the Binance Smart Chain blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the platform and DOME, including, but not limited to, accurate execution and recording of transactions involving DOME.
Hackers or other malicious groups or organizations may attempt to interfere with the platform or DOME in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and DOME, including the utility of DOME for obtaining services.
THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING DOME AT THE PURCHASER’S SOLE RISK AND THAT DOME IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE
Everdome TEAM WARRANTS THAT THE PROCESS FOR PURCHASING DOME WILL BE UNINTERRUPTED OR ERROR-FREE.
By purchasing, owning, and using DOME, you expressly acknowledge and assume the following risks:
A private key, or a combination of private keys, is necessary to control and dispose of DOME stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing DOME will result in loss of such DOME. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your DOME. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store DOME in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your DOME. Additionally, your failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving DOME, or provides an address that is not BEP20 compatible, may result in the loss of your Tokens.
Because DOME and the DOME platform are based on the Binance Smart Chain protocol, any malfunction, breakdown or abandonment of the Binance Smart Chain protocol may have a material adverse effect on the platform or DOME. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the DOME and the platform, including the utility of the DOME for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Binance Smart Chain protocol.
Hackers or other malicious groups or organizations may attempt to interfere with the platform or DOME in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and DOME, including the utility of DOME for obtaining services.
If secondary trading of Tokens is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to DOME (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile.
Unlike bank accounts or accounts at some other financial institutions, DOME are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company, to offer recourse to you.
The regulatory status of DOME and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the Everdome platform and DOME. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the platform and DOME. Regulatory actions could negatively impact the platform and DOME in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of DOME constitute unlawful activity or that DOME is a regulated instrument that requires registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. The Company may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
The tax characterization of DOME is uncertain. You must seek your own tax advice in connection with purchasing DOME, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.
It is possible that alternative platforms could be established that utilize the same open-source code and protocol underlying the platform and attempt to facilitate services that are materially similar to the Everdome services.
Because DOME confers no governance rights of any kind with respect to the Everdome platform or the Company, all decisions involving the Company’s products or services within the platform or the Company itself will be made by the Company at its sole discretion. These decisions could adversely affect the platform and the utility of any DOME you own, including their utility for obtaining services.
Cryptographic tokens such as DOME are new and untested technology. In addition to the risks included in this Annex A of these Terms, there are other risks associated with your purchase, possession and use of DOME, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annex A of these Terms. Further Information
For further information regarding the DOME sale, please contact marketing@everdome.io