Term of Service
Term of Service Effective Date: August 08, 2023
Thank you for visiting our website at https://www.basename.app/ (“Website”). By accessing and using any part of this Website you have indicated acceptance to be legally bound by these Terms of Service (“Terms”). If you do not agree to these Terms, your sole and exclusive remedy is to exit this Website.
For the purposes of these Terms, references to “BNS”, “we”, “us” or “our” shall refer to the Fool Card Inc. (a company incorporated in Delaware, USA). We may, from time to time, engage independent subcontractors to operate and/or maintain the Website.
These Terms govern access to and use of our Website and any services provided by us. You must not access or use our Website except in accordance with the Terms, any applicable laws, and any other notices, policies, or conditions that BNS may issue to the public or to you.
These Terms may be updated from time to time. All changes will be published on this page, and your use of this Website after such changes have been published will indicate your agreement to the modified Terms and all of the changes. As such, you are reminded to check the Website on a regular basis to obtain the most updated version of the Terms.
In the event of any inconsistency between the provisions in these Terms and any terms and conditions of a separately signed agreement with you to the extent that such agreement authorizes you to use our Website, the terms and conditions in such separately signed agreement shall prevail.
This Website is available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement under applicable laws. By accessing or using the Website, you represent to us and the Subcontractors that you are at least eighteen years old, or the age of majority in your jurisdiction, whichever is higher, and have the full right, power, and authority to enter into and comply with these Terms on behalf of yourself and any company or legal entity for which you may access or use the Website.
If you are entering into these Terms on behalf of a company, organization, or other legal entity (“Entity”), you agree to these Terms for that Entity and represent to BNS that you have the authority to bind such Entity and its Affiliates to these Terms. “Affiliates” shall mean any entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. In such case, “you” or “Customer” shall refer to such Entity and its Affiliates. If you do not have the authority to bind the Entity to these Terms or do not agree to these Terms, do not accept these Terms or use or access the Website.
3. USE OF WEBSITE
You must not do or attempt to do anything of the following, or use this Website to do any of the following:
I. use this Website in any manner that could damage, disable, overburden, or impair any service provided or function via the Website (or the network(s) connected to the Website) or interfere with any other party’s use or enjoyment of any such service or the Website;
II. gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, or our internal and external servers through hacking, password mining, or any other means;
III. obtain or attempt to obtain any materials, content, or data through any means not intentionally made available through the Website;
IV. manipulate any content on the Website by way of hacking, backdoor code insertion, or any other means;
V. decompile, reverse engineer, or disassemble our Website;
VI. infringe or misappropriate our Intellectual property rights (“IPR”) or the IPR of any
VII. use our Website in any manner that could negatively affect or is prejudicial to BNS’s
VIII. use our Website or services provided for or in connection with money laundering,
terrorist financing, or other illicit financial activity, or in any way in connection with the
violation of any law or regulation that applies to you or to BNS;
IX. use our Website in any manner or for any purpose that is unlawful or prohibited by these
Terms or any other notices and conditions that BNS may issue from time to time.
Except as otherwise provided or agreed between you and BNS, the Intellectual property (“IP”) of our Website, including but not limited to the contents of our Website, text, software, code, scripts, webpages, graphical user interface, photographs, video, graphics or other material, are for your personal and non-commercial use only. The IP of our Website shall not be used,
modified, reproduced, republished, uploaded, posted, transmitted, performed, licensed or otherwise used or distributed in any way, without the prior permission of BNS Any action as such will be a violation of BNS’s, its Subcontractors’ or third parties’ IPR. To use any parts of the contents of our Website other than for personal and non-commercial use, the user must seek permission from BNS and/or the relevant third party in writing. BNS reserves the right to refuse permission without providing any reasons.
This Website contains hyperlinks to other websites which are not maintained by or under the control of BNS. BNS and its Subcontractors are not responsible for the contents, accuracy, availability, or functionality of those “Linked Sites”, including (without limitation) any link contained in a Linked Site or any updates to a Linked Site, and shall not be liable for any damages, loss or any other consequences arising from access to those Linked Sites. Use of the hyperlinks and access to such Linked Sites is entirely at your own risk.
Hyperlinks to Linked Sites are provided as a convenience to the user. In no circumstances shall BNS or its Subcontractors be considered to be associated or affiliated with any trade or service marks, logos, insignia, or other devices used or appearing on Linked Sites to which this Website is linked. You are responsible for viewing and abiding by the Terms or other policies of each Linked Site you access.
Your linking to, or your framing of this Website or any of the contents constitutes acceptance of these Terms. This is deemed to be the case even after any changes or modifications to these Terms are published. If you do not accept these Terms, you must discontinue linking to, or framing of this Website or any of the contents therein.
Under no circumstances shall BNS or its Subcontractors be considered to be associated or affiliated with any trademarks, logos, insignia, or other devices used or appearing on Websites that link to this Website or any of the contents.
4. USE OF SERVICES
The decentralized open-source blockchain-based naming protocol known as the Base Name Service (“Protocol”) maintains a registry of all domains and subdomains based on the Base blockchain through a series of smart contracts deployed on the Base blockchain. Users may, through interacting with the Protocol, search such registries, register domains and subdomains and manage their registered names.
Although legal entities associated with or engaged by BNS (including the Subcontractors) may have developed much of the initial code for the Protocol, they, and BNS do not provide, own, or control the Protocol, which is run by smart contracts deployed on the Base blockchain The Website may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Website. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
5. NEW SERVICES
BNS has the right, but will not be obliged to adapt and/or modify our Website or to introduce new services, functions, and/or features (all such adaptations, modifications, and/or new services, functions, applications, interfaces and features to be collectively referred to as “New Services”). We will determine in our sole discretion whether any new features require additional fees. The term “service” shall include New Services unless otherwise indicated. All New Services shall be governed by these Terms and may be subject to additional terms and conditions (“Additional Terms”) which you shall be required to agree to before you proceed to use such New Services. In the event of any inconsistency between these Terms and the Additional Terms, the Additional Terms shall prevail.
Force majeure: Notwithstanding any other provision in these Terms, BNS and the Subcontractors will not be liable for non-performance, error, interruption, or delay in the performance of our obligations, including (without limitation) the operations of the Website or the provision of any services via the Website, if this is due in whole or in part, directly or indirectly to a cause beyond BNS’s or its Subcontractors’ reasonable control. Such causes include (without limitation):
I. including (without limitation) flood, lightning, fire, earthquakes, and other natural disasters, including epidemics or pandemics as defined by the World Health Organisation;
II. power failure, communications line interruption, technical and computer-related faults and breakdowns, server outage, website vandalism, computer virus invasion or attack, hacker attack, temporary or permanent website closure or shutdown (caused by governmental control or otherwise) III. judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any court, governmental, parliamentary, and/or regulatory authority imposed or to be imposed after the fact; and
IV. acts or omissions of any third-party service providers or suppliers, or a party for whom BNS is not responsible.
Notices: Any notices, demands, or other communications, may be deemed served by BNS by publishing them on this Website or by email or such other methods as prescribed in these Terms from time to time. All such notices, demands or other communications are deemed served on you when:
I. published on this Website;
II. if by email, when sent to your email address notified to BNS in writing; such email notice
shall be effective on the date and time of transmission by the email server used by BNS and/or our service provider unless BNS receives a non-delivery reply message or any error message indicating that the email was not successfully sent to your mailbox or your mail server or the mailbox of your designated service provider within twenty-four (24) hours from the time of transmission of the email from the email server used by BNS or our service provider; or
III. such other methods as prescribed in these Terms as amended from time to time.
Records: You acknowledge and agree that BNS’s records of the communications, transactions, instructions, or operations made or performed, processed, or effected through the Website by:
I. you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent; and
II. BNS or any relevant person authorized by BNS relating to the Website (including the Subcontractors), shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions, or operations. You agree that such records are admissible as evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.
Termination or Suspension: We reserve the right to temporarily suspend or permanently disable your access to all or any part of our Website at any time for any reason, including (without limitation) where we suspect you to be in breach of these Terms, without notice.
Entire Agreement: These Terms and any other documents incorporated herein by reference, constitute the sole and entire agreement of the parties with respect to the subject matter of the Terms and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Severability of provisions: If any provision or part thereof of these Terms is held to be invalid or unenforceable, such provision or part thereof shall be removed, or modified to the minimum extent necessary to effect our commercial intention, and the remaining provisions shall remain unchanged, valid and enforceable.
Dispute resolution: In the event of a dispute arising out of or in connection with these Terms, the parties to the dispute shall use all reasonable efforts to resolve the dispute amicably.
You shall fully indemnify BNS, our affiliates, officers and employees, and our Subcontractors and partners and their officers or employees, against all actions or claims arising out of your breach of the terms and the provisions contained herein or in connection with your access to or use of our Website or services.
8. DISCLAIMER OF WARRANTIES
Your access to and use of our Website, and services is at your own risk. Our Website, and the contents and services provided on or via our Website are provided on an “as-is” and “as-available” basis without warranties or representations of any kind. BNS and its Subcontractors do not warrant or represent and disclaim any warranty or representation, whether implied, express, or statutory and including (without limitation):
I. any warranty or representation as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability, or fitness for any particular purpose of any contents or functions on our Website;
II. any warranty or representation that the contents and services available on or through our Website will be uninterrupted or error-free, or that any defects will be corrected; or
III. any warranty or representation that the Website and the servers are and will be free of all viruses or other harmful or destructive elements; and
IV. any warranty or representation that certain product/company names or material displayed on the Website may be IP belonging to third parties. BNS does not warrant or represent that if you use such material you will not infringe the legal rights of these third parties.
BNS, the Subcontractors, its/their employees, directors, agents and/or any of its/their affiliates shall also not be liable for any losses, damages or costs incurred or which may be incurred by you as a result of the use of the Website or services provided via the Website,
including (without limitation) any damage or loss suffered as a result of reliance on the contents contained in or available from the Website or Interface, or any system, server or connection failure, error, interruption or delay in transmission. You expressly acknowledge that BNS and the Subcontractors will not be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Website including without limitation any direct, indirect, special, incidental, exemplary or consequential damages, or loss of profits, business or goodwill, digital assets, or anything else of value and hereby release BNS, the Subcontractors, its/their employees, directors, agents and/or any of its/their affiliates from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the use of the Website.
9. CONFIDENTIAL INFORMATION
For the purpose of these Terms, “Confidential Information” means non-public information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or to which the other party may have access, which:
I. a reasonable person would consider confidential, or
II. is marked “confidential” or “proprietary” or some similar designation by the disclosing
The receiving party shall not disclose, use, transmit, inform, or make available to any entity, person, or body any of the Confidential Information for any purpose outside of the scope of these Terms. The receiving party shall take all actions reasonably necessary and appropriate to prevent the unauthorized disclosure of the Confidential Information, and shall at all times exercise at least a reasonable level of care. Each party agrees to restrict access to the Confidential Information of the other party to those employees, advisors, agents, and other representatives who require access in order to perform its obligations under these Terms.
The receiving party shall not be in violation of its confidentiality obligations for disclosing Confidential Information as required by applicable law or regulation or in response to a valid order by a court or other governmental body, as long as the receiving party provides the disclosing party (to the extent legally permissible) with prior written notice of the disclosure to permit the disclosing party to seek confidential treatment of that information and will limit such disclosure to what is required by law or legal order.