Dor NFT Terms & Conditions
LAST MODIFIED: JAN 28, 2022
Dor Traffic Miner NFTs (NFT) are a collection of digital artworks running on the Ethereum network. Users are entirely responsible for the safety and management of their own private Ethereum wallets. Furthermore, as the NFT smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
The NFT and its connected services are provided “as is” and “as available” without warranty of any kind.
A. You Own the NFT. When you purchase an NFT, you own the underlying art. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any NFT.
B. Personal Use. Subject to your continued compliance with these Terms, Constellation Network, Inc. grants you a worldwide, royalty-free license to use, copy, and display the purchased art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your NFT, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the art for their NFT to ensure that only the actual owner can display the art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT owner’s rights to display the art for their NFT to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of the NFT leaves the website/application.
C. Commercial Use. Subject to your continued compliance with these Terms, Constellation Network, Inc. grants you an unlimited, worldwide license to use, copy, and display the purchased art for the purpose of creating derivative works based upon the art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the art.
D. Other IP. Other than the rights to the art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to Constellation Network, Inc. or Dor Technologies, Inc., including, without limitation, to Constellation, Hypergraph, Lattice, Dor and the associated logos. All of these rights are expressly reserved in the name of Constellation Network, Inc.
2. Fees and Payment
A. You agree to pay for the NFT by submitting the applicable purchase price, in the form of USDC, to a wallet address on the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network. Purchases are not refundable under any circumstances.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
3. Redemption of NFTs
Each NFT will be redeemable for one physical Dor Traffic Miner, at a time, place and in a manner to be determined by Constellation Network, Inc. in its sole discretion. You must hold the NFT at the time of such redemption in order to receive your physical Dor Traffic Miner. For the avoidance of doubt, if you sell or otherwise transfer your NFT prior to such redemption, you will not be able to claim a physical Dor Traffic Miner, as the right to such redemption is always transferred along with the NFT, such that whoever holds the NFT at the time of such redemption shall be the only person entitled to claim the physical Dor Traffic Miner associated with that NFT. You will not be entitled to a refund of any kind if you sell, transfer or otherwise lose access to, including by theft or hack, the NFT prior to redemption of the Dor Traffic Miner. In order to redeem the NFT for the Dor Traffic Miner, the holder of the NFT at the time of such redemption shall be required to sign and deliver any agreements or documents required by Constellation Network, Inc. or Dor Technologies, Inc., and such entities reserve the right to refuse to deliver the Dor Traffic Miner in any situation in which such entities determine, in their sole discretion, to result in a violation of any applicable law, rule or regulation.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PURCHASE, ACCESS TO AND USE OF THE NFT IS AT YOUR SOLE RISK, AND THAT THE NFT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE NFT AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE ART, THE DOR TRAFFIC MINER, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) THE NFT OR THE DOR TRAFFIC MINER WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE NFT OR THE DOR TRAFFIC MINER WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) THE NFT OR THE DOR TRAFFIC MINER, OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE THEREBY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU PURCHASE, USE OR ACCESS THE NFT OR THE DOR TRAFFIC MINER WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND ON BLOCKCHAIN NETWORKS, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
5. Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR PURCHASE OF, ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) THE NFT OR THE DOR TRAFFIC MINER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE NFT AND THE DOR TRAFFIC MINER AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE NFT OR THE DOR TRAFFIC MINER TO YOU WITHOUT THESE LIMITATIONS.
6. Risk Assumption
You accept and acknowledge each of the following:
A. To the extent that you sell your NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs and impact the price of your NFT both positively and negatively. Given the volatility, NFTs should not be considered an investment. You assume all risks in that connection.
B. Ownership of an NFT confers ownership of digital artwork and the underlying claim to the Dor Traffic Miner only. Accordingly, no information relating to the NFT is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, the sale of the NFT is not intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic and hardware nature of the project, the NFTs have not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the NFT and the associated art and hardware is in compliance with laws and regulations in your jurisdiction.
C. You assume all risks associated with using digital currency, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
D. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your NFT. You understand and accept all risk in that regard.
E. You assume all responsibility for any adverse effects of disruptions or other issues impacting USDC or the Ethereum blockchain.
You agree to hold harmless and indemnify Constellation Network, Inc. and its subsidiaries, parents, affiliates, officers, agents, employees, agents, lawyers, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the NFT, or (iii) your violation of applicable laws, rules or regulations in connection with your purchase or use of the NFT or the Dor Traffic Miner.
8. Changes to the Terms and Conditions
We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued ownership of the NFT after the Terms have been updated will constitute your binding acceptance of the updates.
9. Children & Sanctions
You must be at least 18 years old to purchase an NFT. By purchasing an NFT, you represent and warrant that you are at least 18 years of age.
By purchasing an NFT, you further represent and warrant that you are not (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (Sanctions), (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions, or (iii) otherwise a party with which Constellation Network, Inc. is prohibited from dealing with under applicable laws.
10. Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the NFT, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be San Francisco, CA. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE NFT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.