Starname (IOV) Name Space
BINDING TERMS AND CONDITIONS
For Clients pre-ordering Starnames (“IOV Namespaces”) or Starnames
February 2020
Version 4
Please read these conditions carefully before Pre-Ordering or Purchasing an IOV Namespace. By placing an order with IOV, you signify your agreement to be bound by these Terms.
If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact IOV via e-mail and immediately navigate away from the Website and cease using the Name services. Your agreement to register IOV Namespaces, your acceptance and purchase of any IOV Namespaces, your use of IOV Namespaces, and/or your use of the Website or Namespaces shall constitute your binding agreement with these Terms, supported by valid and binding consideration.
These Binding Terms and Conditions ("Terms" or "Document") are entered between into by and between IOV SAS, incorporated and registered in France, with company number 837 849 017 R.C.S. Paris, located 55 Rue La Boetie, 75008, Paris, France, (”IOV” or "we") and the Clients of the IOV Namespaces, (hereafter referred to as the "Clients" or "you" collectively, and "Client" or "you" individually), participating in the pre-ordering process organized by IOV (“the Pre-Ordering Process”. These Terms form the basis for the IOV Namespaces distribution.
1. PROJECT
IOV intends to launch a new service called “IOV Nameservice” where clients will be able to have access to a shared, secured, decentralized and intuitive blockchain database, working as a community-curated, token-incentivized registry of human-readable value names for blockchains, digital assets, and wallets (the “IOV Namespace” or “Starnames°).
The intended launch of the IOV Namespace and Nameservice is contemplated before the end of 2020 (the “Project”).
In order to facilitate the development of the Project, IOV decided to offer to its clients the possibility to pre-register IOV Namespaces (Starnames) at preferential conditions during a period of 6 months (the “Pre-Ordering Process”).
These Terms apply to the Pre-Ordering Process and to the use of the IOV Namespaces.
2. ACCOUNTS
In order to gain access, purchase and use IOV Namespaces, Client must register for an account and provide certain information about himself as prompted by the account registration form.
Client represents and warrants that:
a) all required registration information submitted are truthful and accurate;
b) Client will maintain the accuracy of such information.
IOV reserves the right to request supporting documents from the Clients to ensure the accuracy of the details they have supplied.
Client is solely responsible for the use of its account. Client must notify IOV immediately if it becomes aware of any unauthorized use of his account or password and is not authorized to share his account information with third parties.
Client shall assume full responsibility for the consequences of any theft or misuse of his Account and of the registered IOV Namespaces as a result of any use by the members of his staff or by any person to whom he has provided his Account login(s). Similarly, Client will assume full responsibility for the consequences of the loss of the above-mentioned login(s).
Any breach of the present article entitles IOV to suspend or delete the Client account.
3. IOV NAMESPACES
3.1. Pre-Ordering Process
Clients have the possibility to pre-register IOV Namespaces at preferential conditions until 1 June 2020.
Client is aware that Pre-Ordering Process does not confer a right of use or ownership over the Namespace but only entitles to the benefit of preferential financial conditions of registration.
Upon receiving the Client’s application to pre-order register an IOV Namespace and payment of the relevant fee, IOV will allocate to the Client a temporary IOV Namespace which will only become definitive on the date of operation of the IOV Nameservice.
3.2. Client choices
Client is solely responsible for the choice of the Namespace and warrants that the Namespace:
a) Does not infringe the rights of any third party including any third party’s intellectual property rights; and b) Is consistent with any and all applicable laws and regulations.
Failure by the Client to carry out a preliminary search before pre-ordering a Namespace may in some circumstances constitute passing off and/or trademark infringement, and the use of certain words such as geographical indications may be restricted by law. Failure of the Client to provide ownership proof will result in cancellation of the Namespace order without a refund.
3.3. No right to cancel
Namespace being goods made to the Client’s specifications or clearly personalized within the meaning of Article 13(1)(c) of the Consumer Protection (Distance Selling) Regulations 2000, the Client shall have no right to cancel its purchase.
4. IOV NAMESPACE RIGHT OF USE
4.1. Term
From the date of operation of the IOV Nameservice, and in accordance with the present Terms, IOV is granted the right to use the Namespace registered by the Client on the Website https://starname.network for one (1) year (the “Initial Term”), unless earlier terminated as provided herein.
Thereafter, subject to the payment of the applicable fees, the right to use your IOV Namespace will automatically renew for successive one year terms (each a “Renewal Term”), unless either party gives notice to the other of its intent not to renew at least thirty (30) days prior to the expiration of the then current term. The Initial Term and any Renewal Terms are referred to, collectively, as the “Term.”
4.2. No assignment
IOV Namespace being related to Crypto-currency assets of the Client, Client shall not assign or transfer the right to use IOV Namespace to any third party without the prior consent of IOV.
5. FEES AND FINANCIAL CONDITIONS
5.1. Price
In consideration of the pre-registration or registration of an IOV Namespace, Client shall pay to IOV the price indicated on website https://starname.network.
Registration of the IOV Namespaces by the Clients is irrevocable and may not be refunded.
5.2. Price modification
IOV reserves the right, at its discretion, to offer promotional offers or price reductions, but also to revise the price. IOV will notify the Client of any changes by email at least thirty (30) days before the new rates come into effect. These new rates only apply to the Renewal Term of the Client Namespace.
Client remains free to cancel his subscription if he does not accept the rate change. If Client continues to use IOV Services during the renewal period, Client is deemed to have accepted the new rates.
5.3. Payment terms
Payment should be made in full on the day of Client registration of an IOV Nameservice, by credit card except in the case of special terms of sale expressly accepted by the parties.
The total amount of the purchase is stated in the order summary before Client accepts these Terms, confirms his order, fills in and confirms his billing details, and makes the payment. This total amount is stated all tax included.
Once payment is processed, Client will receive a notification via email.
Payments via credit cards are implemented by a payment service provider, that is certified by the Payment Card Industry in relation to data security (PCI-DSS). We do not keep any bank details.
Client guarantees that he has the funds and authorization to use the chosen payment method. Client undertakes to take the necessary steps to ensure that the direct debit of the Services price can be made and to inform IOV of any changes to the information provided during the subscription request, including billing details, bank references or credit card numbers.
5.4. Delays and payment incidents
We inform You that any delay or incident of payment of all or part of a sum due automatically results in, without prior notice and without prejudice any other actions that we could take:
a) Immediate suspension of access to the Services until full payment of all amounts owed;
6. CLIENT REPRESENTATIONS AND WARRANTIES
You represent and warrant that You:
− have full power and authority to accept these Terms and in doing so will not violate any other agreement to which you are a party;
− have obtained and were given sufficient information about the IOV Namespaces and IOV Nameservice, either on IOV website and IOV available documentation (including in particular its Whitepaper, press release, technical documentation…) to make an informed decision to acquire them;
− IOV has no control over Your digital assets and wallets. You therefore remain liable for the use and content of your digital assets and wallets;
− understand that the pre-ordering process of IOV Namespaces would confer only a pre-registration right of an IOV Namespace;
− will not use the IOV Namespaces if any applicable laws in the jurisdiction of your habitual residence or incorporations prohibit you from doing so in accordance with these Terms.
You also warrant to IOV that you will not use IOV Namespaces for any purpose that is unlawful or prohibited by these Terms. You may not use the IOV Namespaces in any manner that could damage, disable, overburden, or impair the IOV Namespaces, IOV Website or more generally, any service provided by IOV.
You shall indemnify IOV against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by IOV arising out of or in connection with any dispute or claim against the Client concerning your use of the Namespace, whether such dispute or claim is heard by a court or by any competent authority.
7. WARRANTIES AND ACCEPTANCE OF THE RISKS
7.1. You understand that IOV Namespaces, blockchain technology and other associated and related technologies are new and untested and outside of IOV exclusive control and adverse changes in market forces or the technology, broadly construed, may prevent or compromise IOV’s performance under these Terms.
7.2. In addition to the above, you also acknowledge that you have been warned of the following risks, associated with IOV services and other relevant technologies mentioned herein.
7.3. Risks associated with the Namespace
IOV Namespaces are based on the Client crypto-addresses on which IOV has not control as it belongs to the Client. As such, any malfunction, unintended function or unexpected functioning of the Client crypto-addresses may deteriorate or block the operation of the Nameservice. IOV shall have no liability in this case, which the Client expressly accepts.
7.4. The IOV Namespace may never be completed or released
The IOV Namespace may never be released and operational, or may be delayed substantially for unforeseen reasons, even though IOV will make reasonable efforts to complete and deploy it.
Clients of the Pre-Ordering process confirm to understand and accept that while the individuals and entities assigned to this task, in particular IOV, will make reasonable efforts to launch IOV Namespace, it is possible that such development may partially or fully fail and IOV Namespaces become useless-and/or valueless due to technical, commercial, regulatory or any other reasons.
In this case, IOV undertakes to refund the Client of any sum he may have paid after 24 months. Refund shall be the sole and exclusive remedy of the Client and Client shall not be entitled to claim for damages.
7.5. The IOV Namespaces is provided “as is” and “with all faults”.
We and our affiliates and licensors make no representations or warranties of any kind, whether express,
implied, statutory or otherwise regarding the IOV Namespaces, including any warranty that the IOV Namespaces will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
7.6. Risk of theft and hacking
Hackers or other groups or organizations may attempt to interfere with our Website, the Nameservice or the availability of IOV Namespaces in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. You hereby agree that IOV shall have no liability for any such loss you incur.
7.7. Risk of security weaknesses in the Website and IOV Namespaces source code or any associated software and/or infrastructure
There is a risk that the Website and IOV Namespaces may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of IOV Namespaces.
7.8. Risk of weaknesses or exploitable breakthroughs in the field of cryptography
Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies, IOV Namespaces, the IOV Blockchain, which could result in the theft or loss of IOV Namespaces.
7.9. Risk of mining attacks
As with other decentralized cryptocurrencies, IOV Blockchain, which is used for the IOV Namespaces, is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the IOV Nameservice, expected proper execution and sequencing of IOV Namespaces, and expected proper execution and sequencing of blockchain contract computations in general. Despite the efforts of IOV, the risk of known or novel mining attacks exists. Mining Attacks, as described above, may also target other blockchain networks, with which the IOV Namespaces interact with and consequently the IOV Namespaces may be impacted also in that way to the extent, described above.
7.10. Risk of malfunction in the IOV Nameservice or any other Blockchain
It is possible that the IOV Nameservice or any other network, to which the IOV Namespaces are interacting with, malfunctions in an unfavorable way, including but not limited to one that results in the loss of IOV Namespaces
7.11. Internet transmission risks
You acknowledge that there are risks associated with using the IOV Namespaces including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that IOV shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using IOV Websites, IOV Nameservices and IOV Namespaces, howsoever caused.
7.12. Unforeseeable events
IOV shall not liable for any loss, damage or other form of loss resulting from force majeure. Force majeure shall be unforeseen and unexpected event that occurs independently of the will of the
contracting parties and which the contracting parties could not foresee when entering into a contract. IOV Namespaces and the IOV Blockchain, as developed, may not meet your expectations
The IOV Blockchain is currently under development and may undergo significant changes before release. Your expectations regarding the form and functionality of the IOV Blockchain and IOV Namespaces may not be met upon release of new Website, deployment of the IOV Blockchain, additional products and services for any number of reasons, including a change in the design and implementation plans and execution of the implementation of IOV Namespaces.
8. INTELLECTUAL PROPERTY
We retain all right, title and interest in all of our intellectual property, including inventions, discoveries, processes, marks, methods, compositions, formulae, techniques, information, source code, brand names, graphics, Client interface design, text, logos, images, information and data pertaining to its products and services, its Website and any documentation disclosed to Client under IOV name (hereinafter: “IOV IP”), whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon. You may not use any of our intellectual property for any reason, except with our express, prior, written consent.
These Terms shall not be understood and interpreted in a way that they would mean assignment of intellectual property rights, unless it is explicitly defined so in these Terms.
You are being granted a non-exclusive, non-transferable, revocable license to access and use the IOV Namespaces strictly in accordance with these Terms. As a condition of your use of the IOV Namespaces you warrant to IOV that you will not use the IOV Namespaces for any purpose that is unlawful or prohibited by these Terms. You may not use the IOV Namespaces in any manner that could damage, disable, overburden, or impair IOV Namespaces and any service provided by IOV. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and IOV Namespaces.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the IOV IP, in whole or in part, found on the Website or associated products and services. IOV IP is not for resale. Your use of the IOV IP does not entitle you to make any unauthorized use of any IOV IP, and in particular you will not delete or alter any proprietary rights or attribution notices in any IOV IP. You will use IOV IP solely for your personal use and will make no other use of IOV IP without the express written permission of IOV and the copyright owner.
9. LIABILITY
To the maximum extent permitted by applicable law, You hereby agree to the fullest extent permitted by law (for yourself, your successors and assigns) that IOV and their affiliates and their respective officers, directors, advisors employees or agents will in regard to the offer, distribution and use by you of IOV Namespaces shall not be liable to you or anyone else for any indirect damages of any kind, including, but not limited to consequential, incidental, special or indirect damages (including but not limited to loss of revenues, loss of profits, trading losses or damages that result from the offer, sale or use or loss of use of the IOV Namespaces) or damages caused by data breach, even if IOV has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of IOV Namespaces.
In no event will the aggregate liability of IOV and its affiliates exceed the amount paid the Client to IOV for the provision of IOV Namespace.
The limitations and exclusions of this Article shall not apply in case of death or bodily injury or to any claim arising from willful misconduct or fraud.
10. PRIVACY
When creating a personal account and/or purchasing products and services via our Website, You agree that IOV may collect, process and use personal data about You in accordance with our Privacy Policy, the terms of which are incorporated by reference into these Terms.
For avoidance of doubt, IOV does not have access to any personal data stored in your digital assets, wallets and to any third party blockchain towards the IOV Namespace redirects. IOV shall not have any responsibility for this purpose.
11. TERMINATION
IOV shall be entitled to suspend the IOV Nameservice and/or terminate the contract with You immediately by email notice to You if you:
a) provide any false or misleading information in connection with any application for registration or renewal of a Nameservice;
b) are in breach of any terms and conditions of the present Terms;
c) fail to pay any sums due under the Terms;
d) use the Nameservice in a manner inconsistent with any and all applicable laws and regulations;
IOV may also suspend, cancel or transfer the Namespace, without notice or liability to the Client, if ordered to do so by any court of competent jurisdiction.
In any case, Client may not claim for any refund in case of early termination.
12. CUSTOMER SERVICE
For any enquiry, request for details or for any claim, you may contact our customer service via mail 55 rue de la boetie, 75008 Paris France. IOV customer service is accessible from Monday to Friday from 9:00 am to 06:00 pm.
13. MINORS
IOV does not permit individuals under the age of 18 to register with its Website and to purchase IOV products. If IOV becomes aware that a child under the age of 18 has provided with personal information, IOV will delete such information from its files immediately and block its access to the Website and products.
14. DISPUTES AND JURISDICTION
All disputes or claims arising out of or in connection with these Terms including disputes relating to its validity, breach, termination or nullity, and any disputes or claims arising out of or in connection with the use of Website, and IOV Namespaces shall be finally settled by the Paris commercial Court in France. The applicable law shall be the laws of France, without regard to its conflict of law.
If you are a consumer, you have the right to claim for a consumer mediator free of charge, in accordance with the provisions of Article L. 612-1 of the Consumer Code. You can find the list of all Consumer mediators at the following link https://www.economie.gouv.fr/mediation-conso/saisir-mediateur.
Unless a shorter term is provided for by law, any claim for liability against IOV shall be prescribed one (1) year after the originating prejudicial event.
15. MISCELLANEOUS
15.1. Materials, such as IOV White Paper and others, published in the Website or elsewhere, are not binding
and do not – unless explicitly referred to herein – form part of these Terms, and are of descriptive nature only.
15.2. These Terms do not create any third-party beneficiary rights in any individual or entity.
15.3. These Terms represent the entire agreement between you and us regarding the subject matter of these Terms, in particular use of the Website and acquiring, purchase, use or disposition of IOV Namespaces. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other documents.
15.4. If any of these Terms is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
16. MODIFICATION AND UPDATES OF THESE TERMS
IOV reserves the right to make changes to these Terms. You will be subject to the Terms in force at the time that you Pre-Ordered or Purchased an IOV Namespace, unless any change to our Terms is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
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