Each Founder’s Pass entitles holders to an edition airdropped from 1/10 creators’ official collections
Access to global events starting with BEETS GRAVITY at NFT NYC at BKLYN Studios
Quarterly creator refresh with additional airdrops every 3 months
Allow lists, merch redemption and more to come
BeetsDAO is the OG collective connecting the world's creativity. We support and incubate significant web3 projects that disrupt the status quo. Our private membership supports our public DAO in connecting and incubating the best builders and ideas.
GRAVITY by BeetsDAO is the place to be in NFT.NYC on June 21st and only Pass holders, our artists, and up to 60 token holders of Pass creators can attend. The event features a who’s who of web3 builder speaker panels, massive interactive 70 ft art exhibits, elite live performances, and more than a few surprises.
In addition to free +1 Gravity tickets, Pass holders get priority access to the BeetsDAO ecosystem. Allow lists, staking boosts, a private chat for Pass holders, and so much more.
Pass holders receive an airdrop from 1 of 10 remarkable Web3. Some will be editions of 100. Some might not be..
Mint opens on June 6th, 2022.
Upon Founder’s Pass sell out, holders will start receiving airdrops from 1 of the 10 creators of this season. Each season, holders will receive new airdrops from a fresh set of creators.
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Privacy Policy
Last Updated: June 7, 2022
Description
This Privacy Policy shall describe how BEETSDAO HOLDINGS LLC (“BeetsDAO”) collects, uses, and shares information about you and applies to your use of pass.beetsdao.com (hereinafter the “Site”), and all content and services that BeetsDAO owns, controls, and makes available. By using the Site and BeetsDAO’s services, you agree to BeetsDAO’s Terms of Service and other terms as described by this Privacy Policy. If you do not agree with this Privacy Policy, you shall discontinue use of the Site and BeetsDAO’s services. This Privacy Policy is fully incorporated into BeetsDAO’s Terms and Service, and therefore governs your use of the Site and BeetsDAO’s services. By using the Site and BeetsDAO’s services, you do hereby accept this Privacy Policy.
Topics:
DATA AND PERSONAL INFORMATION THAT WE COLLECT AND HOW IT IS COLLECTED
Our company may collect the following data:
Your username and email address are considered confidential. However, all information you provide to us may be shared with other third parties as necessary to comply with applicable law or to cooperate with law enforcement and the court system. Information we may collect from you during the sign up process requires that you provide us with certain information which may include Membership Data, Financial Data along with Demographic Information.
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as "Device Information".
We may use information about you, including your personal information, for any purposes consistent with the statements under this Privacy Policy or as is permissible under applicable law, including, but not limited to:
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including but not limited to credit card numbers and PayPal accounts), email address, and phone number. We refer to this information as "Order Information". When we talk about "Personal Information" in this Privacy Policy, we are talking both about Device Information and Order Information. HOW DO WE USE YOUR PERSONAL INFORMATION AND DATA? We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We also use the information collected for marketing and advertising purposes.
STORING AND SHARING YOUR DATA AND PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
MARKETING AND BEHAVIORAL ADVERTISING
We would like to send you information about our products and services that we think you might like. You have the right to stop us from contacting you for marketing purposes or sharing your information for marketing purposes. If you no longer wish to be contacted for marketing purposes, please contact us at: [email protected]
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s ("NAI") educational page at http://www.networkadvertising.org/understandingonline-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
WHAT ARE YOUR DATA PROTECTION RIGHTS?
BeetsDAO would like to make sure you are fully aware of all of your data protection rights. Every User is entitled to the following:
The right to access – You have the right to request BeetsDAO for copies of your personal data. We may charge a small fee for this service.
The right to rectification – You have the right to request that BeetsDAO corrects any information that you believe is inaccurate. You also have the right to request BeetsDAO to complete information that you believe is incomplete.
The right to erasure - You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that BeetsDAO restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to BeetsDAO’s processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that BeetsDAO transfer the data that we have collected to another organization, or directly to you, under certain conditions.
The right to complain to a supervisory authority – You can complain about our processing of your personal data.
The right to withdraw consent – To the extent that the legal basis of our processing of your personal data is consent, you have the right to withdraw that consent.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at: [email protected]
These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-dataprotection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
WHAT ARE COOKIES?
"Cookies" are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit: http://www.allaboutcookies.org
HOW DO WE USE COOKIES?
BeetsDAO uses cookies in a range of ways to improve your experience on the Site including:
WHAT TYPES OF COOKIES DO WE USE?
There are a number of different types of cookies. BeetsDAO uses the following types:
BeetsDAO may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
HOW TO MANAGE COOKIES
You can set your browser to not accept cookies, and the above mentioned website will tell you how to remove cookies from your browser. Please be advised that in a few cases, some of our Site features may not function as a result of disabling cookies.
PRIVACY POLICIES OF THIRD PARTY WEBSITES
We may link to third party sites or services that we do not control. If you click on one of those links, you will be taken to websites that we do not control. This Privacy Policy does not apply to the privacy practices or policies of those websites. You are advised to read the privacy policies of those websites carefully. We are in no way responsible for third party websites or services.
SECURITY
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. All transactions on our systems are encrypted using SSL (“Secure Sockets Layers”) certificates.
DO NOT TRACK
Do Not Track ("DNT") is a privacy preference that users can set in their web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. This Site does not support the DNT browser setting. As such, please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
CALIFORNIA PRIVACY RIGHTS
If you live in California and are using our Site, you can request a list of the personal information that is collected and the information that has been shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year.
To exercise your rights, you can email us with the information provided below. Mention in any email that you are making a “California Shine the Light” inquiry. We will use our best efforts to respond within 30 days.
PRIVACY RIGHTS
If you are a UK or European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a UK or European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you become a customer of the Site, we will maintain your data and information for our records unless and until you ask us to delete this information.
CHANGES
We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of the Site and BeetsDAO’s services indicates your consent to the Privacy Policy then posted. If the changes are material, BeetsDAO may provide you additional notice of the changes to your e-mail address.
MINORS
The Site and BeetsDAO’s services are meant solely for adults aged 18 and older. BeetsDAO does not knowingly collect personally identifiable information from minors under 18. If you are a parent or legal guardian and think your minor under 18 has given BeetsDAO information, please contact us with the information provided below. Mention in any email that you are making a “COPPA Information Request.”
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at [email protected]
Terms of Service
LAST UPDATED: June 7, 2022
OVERVIEW
This website (the "Site") is operated by BEETSDAO HOLDINGS LLC ("BeetsDAO"). Throughout the Site, the terms "we", "us" and "our" refer to BeetsDAO. BeetsDAO offers this website, including all information, tools and services available from this Site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein, in our Privacy Policy and/or as available by hyperlink. For the purposes of these Terms of Services, all Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a "User" by accessing the Site or Service in any way. You need not become a Member of the Site to make this Agreement apply to you. You become a "Member" by registering with the Site for an account, as discussed below. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or territory of residence, or that you are the age of majority in your state, province or territory of residence. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to any intellectual property or privacy laws). You must not transmit any worms or viruses or any code of a destructive nature. You may not assign or transfer any of your rights or obligations under these Terms of Service, including your username or your password, to any other person or entity. You must promptly inform BeetsDAO of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Members who are not permitted to continue to use the Site may not access the Site or receive any Services without the prior express written permission of BeetsDAO.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS AND BILLING
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content or information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Billing information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. By registering to become a Member of the Site and to access or purchase materials from the Service, you agree to the billing terms and costs that are displayed on our Site.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - OPTIONAL TOOLS
We may provide you with access to third-party tools, over which we neither monitor, have any controls or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy can be found here:
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 9 - PROHIBITED USES
Members to the Site are hereby authorized to receive a single access right to access the service or material made available through the Site. This access rights shall be granted for sole use to one Member. No material contained on the Site may be transferred to any other person or entity, whether commercial or non-commercial. No Content or material contained within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, any material contained on the Site or made available through the Service may not be modified, or altered. Such material, including any copyright, trademarks, or other proprietary rights arising there from, may not be displayed publicly, or used for any rental, sale, or display. BeetsDAO and the Site reserve the right to terminate a Member’s access rights to the Site at any time if the provisions to these Terms and Conditions are breached. In the case that the terms are breached, Member will be required to immediately destroy any information or material printed, downloaded or otherwise copied or recorded from the Site or received from the Service. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree that when using the Service, you shall comply with all applicable laws, rules and regulations. Additionally, you agree that you will not:
1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2) harm minors in any way;
3) impersonate any person or entity, including, but not limited to a BeetsDAO official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12) "stalk" or otherwise harass another;
13) collect or store personal data about other users; or
14) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, any content or data on the Service, use of the Service, or access to the Service. You expressly understand and agree that:
1) any material downloaded or otherwise accessed through the use of the Service is done at Your own discretion and risk and that You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
2) no advice or information, whether oral or written, obtained by you from Company or through or from the service shall create any warranty not expressly stated in the Terms of Service.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall BeetsDAO, our directors, officers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
COMPANY PROVIDES THE SERVICE AND THE CONTENT FOUND ON THE SERVICE TO YOU "AS IS" AND "AS AVAILABLE". BeetsDAO TRIES TO KEEP THE SERVICE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BeetsDAO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. BeetsDAO DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BeetsDAO IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE BeetsDAO FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. USER UNDERSTANDS THAT BeetsDAO CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING OR OTHERWISE ACCESSIBLE FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY MEMBER PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. BeetsDAO DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR MEMBER’S USE OF THE INTERNET. USER’S USE OF THE SITE IS AT THEIR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BeetsDAO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BeetsDAO DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE, MESSAGES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BeetsDAO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BeetsDAO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER, AND NOT BeetsDAO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT OR SERVICES. BeetsDAO MAKES NO WARRANTIES THAT MEMBER’S USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. BeetsDAO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF MEMBER CHOOSES TO ACCESS THE SITE OR USE THE SITE’S SERVICES, MEMBERS DOES SO UPON MEMBER’S OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
IN NO EVENT WILL BeetsDAO OR ITS PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (even if BeetsDAO has been advised of the possibility of such damages), AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, EVEN IF BeetsDAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BeetsDAO WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SERVICE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) ANY UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION TO OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, (f) YOUR USE OR INABILITY TO USE THE SERVICE, (g) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHAESD OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR (h) ANY OTHER MATTER RELATED TO THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BeetsDAO and our parent, subsidiaries, affiliates, partners, officers, directors, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 14 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15 - GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware and the United States.
THE PARTIES CONSENT AND STIPULATE THAT THE EXCLUSIVE VENUE OF ANY ARBITRATION PROCEEDING AND OF ANY OTHER PROCEEDING UNDER THIS AGREEMENT SHALL BE KENT COUNTY, DELAWARE (the “Agreed Venue”). For this purpose, the Parties also expressly consent to personal jurisdiction in the Agreed Venue. Any controversy or claim arising out of or relating to the Company, the Site, the Services or these Terms and Conditions shall first be resolved by good faith discussions between the parties. If the dispute is unable to be resolved, the dispute must be settled by arbitration administered by the American Arbitration Association. The location of the arbitration proceeding shall be Kent County, Delaware. The number of arbitrators shall be three. Delaware law shall apply. Judgment of the award may be entered in any competent court. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. The arbitrators shall have no authority to award punitive damages or injunctive relief. The cost of the arbitration proceeding shall be paid by the unsuccessful party. The arbitrators will be entitled to award the arbitration fees and expenses as damages in his/her discretion. This section shall survive the termination or cancellation of these Terms and Conditions. In the event that such controversy or claim results in a lawsuit, the venue of such lawsuit shall be Kent County, Delaware. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: [email protected]
BeetsDAO NFT LICENSE
AGREEMENT
This License Agreement (this “Agreement”) is made and entered into by and between BEETSDAO HOLDINGS LLC, a Delaware limited liability company (“BeetsDAO” or “us”) on the one hand and any owner of any BeetsDAO NFT (“BD-FPN”) (as defined below) (“you” or “Collector”). For purposes of this Agreement, the parties may collectively be referred to as the “Parties” or individually as a “Party”. By purchasing, owning or holding an BD-FPN, you do hereby acknowledge that you have carefully read and have knowingly and voluntarily agreed to the terms set forth in this Agreement.
1. Definitions.
(a) “BeetsDAO Founders Pass NFT”, or “BD-FPN”, shall refer to a non-fungible token (“NFT”) purchased from pass.beetsdao.com that at issuance contains images of Art, grants its owner certain Perks, and grants its owner a free Airdrop of another NFT not created by BeetsDAO.
(b) “Art” shall be defined as the image that is embodied into the BD-FPN.
(c) “Perks” shall be defined below.
(d)”Airdrop” shall be defined below.
2. Ownership of BD-FPN. Upon the purchase of an BD-FPN, (the “Collector”) shall own the rights to that BD-FPN and, subject to the terms of this Agreement, shall have the right to sell, transfer, assign, convey or otherwise dispose of the BD-FPN. Notwithstanding the language in this section, Collector acknowledges and agrees that Collector shall have no ownership interest to the BD-FPN Art or BeetsDAO.
3. Smart Contract Enabled. BD-N are non-fungible Ethereum-based tokens that use smart contracts on the Ethereum blockchain (“Smart Contracts”). The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all BD-N are outside of the control of any one party, including BeetsDAO, and are subject to many risks and uncertainties. BeetsDAO neither owns nor controls MetaMask, WalletConnect, the Ethereum network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Services or to purchase, list, auction, or sell BD-N (“Transaction”), and that, except with respect to transferring control of a BD-N to the initial Collector through the Services (“Initial Collector”), BeetsDAO has no responsibility with respect to any Transaction. BeetsDAO will not be liable for the acts or omissions of any third parties, nor will BeetsDAO be liable for any damage that you may suffer as a result of your transactions or any other interaction with any third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of the BD-N to the Initial Collector, BeetsDAO has no control over the transfer, storage, ownership or maintenance of the BD-N.
4. Perks. A Collector (as defined below) of a BD-N may receive special perks, experience, or opportunities as determined by BeetsDAO in its sole discretion (“Perks”) for a period of three (3) years after BD-N are first made available for sale (i.e., dropped) by BeetsDAO. BeetsDAO does not make any representation or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any BD-N. BeetsDAO reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any Collector, including to limit the period of time when a Perk is available, for any reason, at any time. Perks are not intended to be an endorsement of any project, creator, NFT, individual or any other thing, and BeetsDAO makes no recommendation and provides no investment advice in connection with any Perks or otherwise as a result of holding or owning the BD-N.
5. Airdrop NFT. A snapshot of Collectors will take place, creating a list of who holds a BD-FPN. One Airdrop NFT on the Ethereum blockchain will be sent for free for every BD-FPN to the Ethereum wallet that held the BD-FPN when the snapshot occured. Each Airdrop NFT will be randomly chosen from one of ten Creators shown on pass.beetsdao.com and then sent to the Collector. This Creator List is subject to change at any time. The Airdrop NFT is not created by BeetsDAO and BeetsDAO is not liable for its art, code, use, or anything else related to the Airdrop NFT other than sending the Airdrop NFT to Collectors.
6. License. Non-Commercial Use. Subject to Collector’s adherence to the terms and conditions set forth in this Agreement, BeetsDAO does hereby grant to Collector, for so long as Collector retains ownership of a BD-FPN (as recorded on the relevant blockchain), a non-exclusive, worldwide, royalty-free, non-sublicensable, revocable license, to use, copy and display the BD-FPN Art, for the following purposes: (i) for Collector’s personal, non-commercial use, including archive copies and physical print outs and (ii) to sell or otherwise transfer the BD-FPN, in accordance with the terms and conditions set forth in this Agreement.
7. No BeetsDAO Membership. BeetsDAO is a private investment club. Holding a BD-FPN conveys no rights to, ownership of, or relationship with BeetsDAO except as expressly provided in this Agreement.
8. No Investment Advice; Investment Risks
The information on this Site and any information provided in connection with the Services or Perks are provided to BD-FPN owners only and for information only and do not constitute, and should not be construed as, investment advice or a recommendation to buy, sell, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any investment activity with respect to any digital asset.
The information on this Site and any information provided in connection with the Perks provided to BD-FPN owners are provided solely on the basis that you will make your own investment and trading decisions, and BeetsDAO does not take account of any person's investment objectives, particular needs, or financial situation. In addition, nothing on this Site or any information provided in connection with the Perks provided to BD-FPN owners shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional investment advice before making any investment decision. Any investment decision that you make should be based on an assessment of your risks in consultation with your investment adviser.
9. Reservation of Rights. (a) General. BeetsDAO does hereby reserve all rights that are not expressly granted to Collector in this Agreement. Collector acknowledges and agrees that BeetsDAO owns and shall retain all ownership and intellectual property rights in and to BeetsDAO and BD-FPN Art. Collector shall not permit any third party to modify the BD-FPN Art, except as expressly permitted herein, or use the BD-FPN Art as a brand or trademark or to advertise, market, or sell any product or service except to advertise, market or sell any Merchandise or works created in connection therewith. (b) No Rights to Intellectual Property. For purposes of clarity, the grant of licenses set forth in this Agreement does not include any right, title, interest or license in or to any copyright, trademark or service mark of BeetsDAO. Collector agrees to not use (for any purposes outside of this Agreement) or attempt to register any asset, including any domain names, social media profiles or any accounts that contains or incorporates, in whole or in part, any artwork, name, imagery, music, content, media or mark that may be confusingly similar to BeetsDAO’s copyrights, trademarks or service marks.
10. Representations & Warranties. Collector represents and warrants that Collector: (i) is of the age of majority in Collector’s jurisdiction, (ii) has the legal capacity to enter into this Agreement, (iii) shall only use the BD-FPN and BD-FPN Art in accordance with the terms of this Agreement and only for lawful purposes, (iv) shall not use the BD-FPN or BD-FPN Art in a manner which violates or infringes upon any law, regulation or intellectual property or privacy rights of BeetsDAO or any third party, and (v) shall not transfer an BD-FPN to any transferee located in a jurisdiction that is subject to any government embargoes, restrictions or prohibitions.
11. Transfers. In the event Collector lawfully, and in accordance with the terms and conditions of this Agreement, transfers an BD-FPN to a third party, then such transferee, by purchasing, accepting, accessing or otherwise using the BD-FPN or BD-FPN Art, shall be deemed to have accepted all of the terms of this Agreement as a “Collector” hereof. In the event of such transfer, Collector does hereby expressly agree to provide notice to the transferee of this Agreement, including the terms, conditions and restrictions set forth herein. Collector further acknowledges and agrees that any subsequent transactions of an BD-FPN shall be effected on the relevant blockchain network that is governing the BD-FPN, and Collector shall be required to make or receive payments exclusively through Collector’s cryptocurrency wallet.
12. Disclaimers. THE BD-FPN ARE PROVIDED TO Collector "AS IS" AND "AS AVAILABLE", BeetsDAO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. BeetsDAO DOES NOT GUARANTEE THAT THE NFT MARKETPLACE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE NFT MARKETPLACE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BeetsDAO IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND Collector DOES THEREBY RELEASE BeetsDAO FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM Collector MAY HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO Collector. Collector UNDERSTANDS THAT BeetsDAO CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING OR OTHERWISE ACCESSIBLE FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY Collector’S PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. BeetsDAO DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR Collector’S USE OF THE INTERNET. BeetsDAO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE BD-FPN ART IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE BD-FPN OR BD-FPN ART MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BeetsDAO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. Collector, AND NOT BeetsDAO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE BD-FPN. BeetsDAO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE BD-FPN’S OR BD-FPN ART’S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. BeetsDAO MAKES NO WARRANTY THAT THE BD-FPN WILL MEET Collector’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BeetsDAO MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ARISING OUT OF OR RELATED TO THE BD-FPN ART. BEETSDAO DOES NOT CONTROL THE DECENTRALIZED LEDGER IN WHICH ANY TRANSFER OF TITLE RELATED TO AN BD-FPN MAY BE CONTAINED IN. BEETSDAO DOES NOT GUARANTEE THE IDENTITY, LEGITIMACY OR AUTHENTICITY OF ANY ASSETS THAT ARE PURCHASED THROUGH THE NFT MARKETPLACE AND DOES NOT GUARANTEE THE EFFECTUATION OF ANY TRANSFER OF TITLE OR RIGHTS IN ANY BD-FPN. BEETSDAO IS NOT RESPONSIBLE ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE BD-FPN. BeetsDAO IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OR IN CONNECTION WITH ANY REPORT BY DEVELOPERS OR REPRESENTATIVES OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE BD-FPN, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. BEETSDAO IS NOT RESPONSIBLE FOR REPAIRING, SUPPORTING, REPLACING OR MAINTAINING THE WEBSITE OR SERVER THAT IS HOSTING THE BD-FPN ART
13. Limitation of Liability. IN NO EVENT WILL BeetsDAO OR ITS PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (even if BeetsDAO has been advised of the possibility of such damages), AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH AN BD-FPN OR BD-FPN ART, EVEN IF BeetsDAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BeetsDAO WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO THE BD-FPN; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE BD-FPN. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
14. Assumption of Risk. Collector does hereby expressly accept and acknowledge all risk and responsibility associated with the: (i) determining, calculating and paying any taxes that may be applicable to Collector’s purchase, sale, or transfer of an BD-FPN, (ii) storing, sending, receiving or transfer of any crypto currency assets that is not controlled by BeetsDAO, and (iii) use of any internet based digital asset, including the use of any hardware, software or internet connections.
15. Links to Third Party Websites or Resources. The use or access of an BD-FPN may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other content owned, operated, licensed, or controlled by third parties. BeetsDAO has no control over any third party sites or any products or services offered by any third parties. BeetsDAO is not responsible for and does not endorse the content, products, services, privacy or practices of any such third party. Nor is BeetsDAO responsible for the availability of such third party sites, products or services.
16. Termination. Collector’s licenses to the BD-FPN shall automatically terminate and all rights shall revert to BeetsDAO if at any time Collector breaches any term of this Agreement or if Collector engages in any unlawful activity related to the BD-FPN. Upon the termination, discontinuation or cancellation of Collector’s licenses to the BD-FPN Art; BeetsDAO may, in its sole discretion, disable Collector’s access to the BD-FPN Art and Collector shall delete, remove, or otherwise destroy any back up or digital or physical copies of the BD-FPN Art.
17. Indemnity. Collector shall indemnify and hold BeetsDAO, as well as their members, managers, officers, directors, service providers, contractors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by BeetsDAO in connection with any claims of any kind, that result directly or indirectly from Collector’s activities, actions, inactions, misrepresentations, breaches or falsities in connection with this Agreement. Such claims shall include, without limitation, claims in respect of any violation of law.
18. Governing Law and Forum Choice. This Agreement shall be governed and enforced under the laws of the State of Delaware, without regard to conflicts of law principles. The Parties agree to the exclusive personal jurisdiction and venue in the state and federal courts in the State of Delaware and hereby waives any jurisdiction, venue, forum nonconvenient, or similar defenses.
19. Dispute Resolution. THE PARTIES CONSENT AND STIPULATE THAT THE EXCLUSIVE VENUE OF ANY ARBITRATION PROCEEDING AND OF ANY OTHER PROCEEDING UNDER THIS AGREEMENT SHALL BE KENT COUNTY, DELAWARE (the “Agreed Venue”). For this purpose, the Parties also expressly consent to personal jurisdiction in the Agreed Venue. Any controversy or claim arising out of or relating to the BeetsDAO, the BD-FPN, or this Agreement shall first be resolved by good faith discussions between the Parties. If the dispute is unable to be resolved, the dispute must be settled by arbitration administered by the American Arbitration Association. The location of the arbitration proceeding shall be Kent County, Delaware. The number of arbitrators shall be three. Delaware law shall apply. Judgment of the award may be entered in any competent court. Except as may be required by law, neither a Party nor its representatives may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. The arbitrators shall have no authority to award punitive damages or injunctive relief. The cost of the arbitration proceeding shall be paid by the unsuccessful party. The arbitrators will be entitled to award the arbitration fees and expenses as damages in his/her discretion. This section shall survive the termination or cancellation of this Agreement. In the event that such controversy or claim results in a lawsuit, the venue of such lawsuit shall be Kent County, Delaware. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
20. Miscellaneous. This Agreement shall transfer to and endure to the benefit of and be binding upon the Parties and their respective transferees, successors and assigns. This Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein. BeetsDAO may amend this Agreement at its sole discretion, provided however that BeetsDAO shall use commercially reasonable efforts to provide notice of any material changes made to this Agreement. No failure or delay on the part of BeetsDAO in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. Nothing contained in this Agreement will be deemed to create, or be construed as creating, a joint venture or partnership between the Parties. This Agreement shall not be construed as granting either Party with any right or authority to act for or on behalf of the other Party. Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person other than the Company, the parties hereto and their respective heirs, personal representatives, legal representatives, successors and assigns, any rights or remedies under or by reason of this Agreement. Each Party hereby expressly acknowledges that it has been advised to seek its own separate independent legal counsel for advice with respect to this Agreement, and that no counsel to any Party hereto has acted or is acting as counsel to any other Party hereto in connection with this Agreement. This Agreement is the joint product of the Parties and each provision hereof has been subject to the mutual consultation, negotiation and agreement between the Parties. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
