Terms of Service

Introduction

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY CLICKING TO ACCEPT, SIGN, AND/OR USE OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Namespace is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. Namespace provides a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs (including ENS names and subnames) available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet that allows you to engage in transactions on blockchains.

Next to blockchain services, Namespace offers offchain subname management services to its clients that require more control and authority over the ENS Subnames they issue to their users, followers, in-game players, etc. which are hosted on Namespace's database. Namespace has done everything to ensure the security of these offchain dependencies and provides seamless integration and uptime, but cannot guarantee on behalf of the Database service provider any mishaps.

Furthermore, Namespace provides APIs and SDK as a Developer Toolkit system that helps other developers, teams, and Web3 projects to easily integrate ENS into their Dapp or a platform. The Developer Toolkit is a gateway access to Namespace protocol and leverages the codebase that is run by Namespace.

Namespace is not a party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.

General Terms

By accessing and using our platform, Namespace (https://namespace.tech/ and https://app.namespace.tech/) ("Platform"), users affirm that they are of legal age in their jurisdiction and provide their explicit consent to be treated as such. Users acknowledge and agree that they are responsible for complying with the laws and regulations applicable to them, and they shall not utilize the Platform for any illegal transactions or activities, regardless of their residency.

Furthermore, users expressly agree not to engage in any malicious activities that could compromise the integrity or security of the Platform. This includes but is not limited to, attempting to introduce viruses, malware, or any other destructive code, as well as creating or propagating threats that may harm the Platform or its users.

It is important for users to understand that blockchain technology is an integral part of our Platform. All transactions and activities performed on the Platform are subject to the inherent characteristics and principles of blockchain, such as decentralization, immutability, and transparency. By using our Platform, users acknowledge and accept these blockchain-related terms and agree to abide by them.

Failure to adhere to these provisions shall be considered a breach of the Terms of Service and may result in immediate termination of user access to the Platform.

General Conditions

We reserve the right, at our sole discretion, to refuse service to any individual or entity for any reason, at any time, we deem as the malicious or ill-intent actor in the space, negatively impacting the Namespace brand.

You expressly agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including the use of the Service or access to the Service and its features, or any contact on the website through which the Service is provided.

We shall not be held responsible for any inaccuracies, incompleteness, or lack of updating of the information made available on the Platform.

The material provided on this site is for general informational purposes only and should not be solely relied upon or used as the sole basis for making decisions, without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material provided on this Platform is done at your own risk.

Products and Services

We have made diligent efforts to present the accuracy of information and data on our service available on the Platform. However, we cannot guarantee precise accuracy due to a very limited amount of control over other users’ assets (ENS names).

While we reserve the right to restrict the sale of our products or services to individuals, specific geographic regions, or jurisdictions, such actions are not mandatory. We retain the discretion to exercise this right on a case-by-case basis.

Descriptions of products, services, or pricing are subject to modification without prior notice, solely at our discretion and at the discretion of the Users using the Platform as a tooling service to issue and manage subnames.

We reserve the right to discontinue any product or service at any time. Any offers for products or services made on the Platform are void where prohibited by law.

We do not provide a warranty that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. Additionally, we do not guarantee the correction of any errors in the Service.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Prices for our products or services are subject to change without notice. Part of our offering includes providing the ability to Users of the Platform to offer different prices for their NFTs (ENS names and subnames) thus allowing them to monetize their assets, making them subject to price change at the asset owner’s will. Therefore, we encourage Platform users to exercise caution while using the Platform.

Ownership

Namespace’s name, logo, trademarks, and any Namespace product or service names, designs, logos, and slogans are the intellectual property of Namespace or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Namespace” or any other name, trademark or product, or service name of Namespace or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark, or trade dress of Namespace and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Namespace.

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Namespace may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Namespace any and all rights, titles, and interests (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback.

Third-Party Additions

We may grant you access to third-party tools, through the Platform, for which we do not actively monitor, exercise control, or have any influence. You acknowledge and agree that we provide access to such tools from third-party providers, without making any warranties, representations, or conditions of any kind, and without endorsing them.

Furthermore, we may introduce new services and/or features through the website in the future, including the release of new tools, services, features, and resources. Such additions shall also be governed by these Terms of Service.

The Platform may contain links to third-party websites that are not affiliated with us. It is important to note that we do not undertake the examination or evaluation of the content or accuracy of such third-party materials or websites.

It is entirely at your own discretion and risks to use any optional tools provided through the website, and you should ensure that you are familiar with and consent to the terms and conditions specified by the relevant third-party provider(s). Accordingly, we do not provide any warranties and shall not be held liable or responsible for any third-party materials, websites, or for any other materials, products, or services offered by third parties.

Any harm or damages incurred in connection with the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites are not the responsibility of the Platform. Prior to engaging in any transactions, we strongly advise you to carefully review the policies and practices of the relevant third party and ensure that you fully understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

Indemnification

You agree to indemnify, defend, and hold harmless the Namespace and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, expenses, damages, losses, and costs (including reasonable attorneys' fees), arising out of or in connection with your use of the Namespace, your violation of any term of these Terms of Service, or your violation of any rights of another party.

You agree to promptly notify the Namespace of any third-party claims or actions and cooperate with us in the defense of such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not settle any claim without our prior written consent.

This indemnification provision shall survive the termination or expiration of these Terms of Service and your use of the NFT marketplace.

Disclaimer

Your use of the Service is at your own risk. You acknowledge and agree that the Service is provided on an "as is" and "as available" basis, and Namespace expressly disclaims any warranties or conditions, whether express or implied. Namespace makes no warranty or representation and disclaims all responsibility regarding the following:

a) The Service's ability to meet your requirements;

b) The uninterrupted, timely, secure, or error-free availability of the Service; and

c) The accuracy, reliability, completeness, legality, or safety of the Service.

While Namespace strives to ensure the safety of your access to and use of the Service, it cannot guarantee that the Service, content, content linked to or associated with any NFTs, or any NFTs you interact with using our Service or our service providers' servers are free from viruses or other harmful components. We cannot guarantee the security of any data you disclose online.

Any advice or information obtained from Namespace or through the Service, whether oral or written, does not create any warranty or representation not expressly stated herein. You accept the inherent security risks of providing information and engaging in online transactions over the Internet, and you will not hold Namespace responsible for any security breaches.

More can be read in our Disclaimer in the legal section of this document.

Assumption of Risk

You accept and acknowledge that:

Firstly, it acknowledges that the value of NFTs (including ENS names and subnames) is subjective and subject to volatility, with fluctuations in cryptocurrency prices potentially adversely affecting NFT prices. It also recognizes that users are responsible for any fees associated with using the service and blockchain transactions, which are final and irreversible. The risks associated with the development of distributed ecosystems and regulatory uncertainties in the blockchain industry are still present. Users are reminded of their responsibility for taxes related to their transactions. Additionally, the risks associated with purchasing items through peer-to-peer transactions, the lack of control over third-party smart contracts, and the irreversible nature of blockchain transactions should be taken into account while using the Namespace Platform. Namespace is built on top of ENS infrastructure and as such is reliant on ENS protocol and other third-party platforms therefore the potential impact on service accessibility exists. Namespace reserves the right to hide affected items and collections and disclaims liability for any claims arising from disputes between users. Users release Namespace from any claims, demands, or damages related to such disputes, including those that may exist in their favor at the time of agreeing to this release.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share information from and/or about you ("Your Information"). By submitting Your Information through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.

Modification to the Service

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.

Dispute Resolution; Arbitration

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Governing Law

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Termination

If you breach any of the provisions of these Terms, we reserve the right to terminate or suspend your access to the Namespace and related services at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms of Service and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. Upon termination, your right to access the Namespace and use its services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may still have access to your NFTs (ENS names and subnames) through public blockchains and other web3 wallets, platforms, or websites.