Pirate Nation Foundation Terms of Use
Last Updated: 28 March 2024.
Welcome to the website of the Pirate Nation Foundation!
These Terms of Use ("Terms") govern your access and use of the Pirate Foundation website, including any content, functionality, features, products, offerings and services made available to you through https://piratenation.foundation (collectively, the "Services").
These Terms are entered into by and between You and the Pirate Nation Foundation ("Foundation", “we,” “us”). By using the Website, you accept and agree to be bound by these Terms.
Acceptance of Terms By accessing, browsing, or otherwise using the Website, you acknowledge and confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Website or the Services offered thereon.
If you are using the Services on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to the Foundation that you have the authority to bind that entity or organization to these Terms of Use (and, in which case, the terms “you” and “your” will refer to that entity or organization). If you do not accept the Terms, you may not use the Website or the Services offered thereon.
This Website and the Services are offered "as is" and "as available", and the Foundation makes no representations or warranties of any kind, whether express or implied, regarding the Website, the Services or their use. The Foundation does not warrant that the use of the Website will be uninterrupted or error free and expressly disclaims any representations and warranties as to the merchantability, fitness for a particular purpose, and non-infringement of third-party rights. No representations or warranties are made that the Website or any third-party services made available through the Website will be free from malfunctions, errors, or harmful components. All use of the Website is therefore at your sole risk as a user.
Changes to the Terms We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Website - https://piratenation.foundation/terms.
Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
Privacy Policy At Pirate Nation, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://piratenation.foundation/privacy (the “Privacy Policy”).
By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein. The Privacy Policy is hereby incorporated by reference in these Terms.
Eligibility By using the Website and participating in any Services offered, you represent and warrant:
if you are an individual, that you are at least 18 years old and have capacity to form a binding contract under applicable laws;
if you are a corporation, legal entity or other organization, that you have full power, authority and validly existing under the applicable laws to enter into these Terms;
that you are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials;
that your access and use of the Service will fully comply with all applicable laws and regulations;
that you will not access or use the Website or Services thereon to conduct, promote, or otherwise facilitate any illegal activity;
that you understand that your participation in any distribution of $Pirate tokens is entirely at your sole risk;
that you will at all times provide accurate information regarding your nationality and country of residence;
that you are not a U.S. Person and will not distribute any tokens or digital assets you receive through your participation in the Services, including any distribution of $Pirate Tokens, to U.S. persons (see Section 4 below);
that you are not currently subject to any sanctions administered by OFAC or OFSI, and you will not directly or indirectly use the Services to finance the activities of any person currently subject to any sanctions administered by OFAC or OFSI (see Section 5 below); and
The Foundation reserves the right, in its sole discretion, to determine the eligibility of users for the services provided on the Website. We may require you to provide additional information or documentation to verify or confirm your eligibility, including on a periodic or ongoing basis.
If the Foundation determines that you have breached any of your representations or warranties under this section, we may block your access to the Services and to any interests in property as required by law.
Exclusion of U.S. Persons The Website and the Services, including any distribution of $Pirate tokens, are intended sole for users who are not US Persons (as defined below). By using the Website and participating in any Services offered, you represent and warrant that you:
Are not a U.S. Citizen, U.S. resident, or a person holding a U.S. green card (lawful permanent resident);
Do not have your primary residence or domicile in the United States, including Puerto Rico, the U.S. Virgin Islands, and any other territories of the United States;
Are not accessing the Website from the United States, nor are you acting on behalf of a U.S. Person or transmitting information, Tokens or Services on our website to a U.S. Person or in the United States.
For the purposes of these Terms, a "U.S. Person" is defined by the criteria outlined above and in accordance with the United States code and regulations promulgated by the United States Securities and Exchange Commission.
If you are a U.S. Person, or you are accessing the Website from the United States, you are not permitted to use the Website or participate in the airdrop of the $Pirate Token. Any attempt to bypass or otherwise circumvent this restriction will result in termination of your access to the Website and its services.
Compliance with sanctions By using the Website and participating in any services offered, including but not limited to any distribution of $Pirate Tokens, you represent and warrant that you are not:
Located in, incorporated or otherwise established in, or resident of, any country or territory that is the subject of sanctions or embargoes imposed by the office of Foreign Assets Control ("OFAC") of the U.S. Treasury Department or the Office of Financial Sanctions ("OFSI") of HM Treasury of the United Kingdom
An individual or entity, or acting on behalf of an individual or entity, that is listed on any sanctions list or embargoes, including but not limited to the Specially Designated nationals and Blocked Persons List (SDN) maintained by OFAC and the consolidated list of financial sanctions targeted maintained by OFSI.
Otherwise blocked or denied under any OFAC or OFSI sanctions program.
The Foundation strictly complies with all sanctions laws and regulations promulgated by OFAC and OFSI. Access to the Website and participation in the Services offered, including any distribution of $Pirate Tokens, is expressly prohibited for any person or entity subject to such sanctions.
Intellectual Property Rights By using the Website and participating in the Services, you acknowledge and agree that the Website and the Services thereon may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by the Foundation, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in party. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
The Pirate Nation name and logos and certain other logos and trademarks are trademarks and service marks of Pirate Foundation or its subsidiaries or affiliates, including Pirate Nation Inc. (collectively the “Pirate Nation Trademarks”).
Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pirate Foundation.
Nothing in these Terms or in respect of the Services offered should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Pirate Nation Trademarks displayed on the Website, without our prior written permission in each instance.
All goodwill generated from the use of Pirate Nation Trademarks will inure to our exclusive benefit or that of our affiliates.
Third Party Material and User Content You represent and warrant that you own all right, title and interest in and to any content that you make available via the Website or through the Services, including all copyrights and rights of publicity contained therein ("User Content"). You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
Under no circumstances will the Foundation be liable in any way for any content or materials of any third parties (including User Content), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Foundation does not pre-screen content, but that the Foundation and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, the Foundation and its designees will have the right to remove from the Website, without notice, any content that violates these Terms or is deemed by the Foundation, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Prohibited Activities The following activities are specifically prohibited when using the Website or participating in any of the Services:
Any use in violation of any valid law such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination or misleading advertising and, in particular, any violation against copyrights, patents, trademarks, trade secrets and other property rights.
Concealing your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities.
Enabling (including attempting to enable) the spread of viruses, Trojans, malware, worms or other program processes that damage, disrupt, misuse, impair, secretly intercept, destroy or disable (operating) systems, data or information, or granting unauthorised access to systems, data, information or the Services.
Using an automatic device or a mechanical or manual method for monitoring or replicating the Services or the Website without our prior written permission.
engaging in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
Encouraging or enabling any other individual or entity to do any of the foregoing or otherwise violate the Terms.
The Foundation reserves the right to investigate and take appropriate legal action against anyone who, in the Foundation’ sole discretion, violates this provision, including reporting the violator to law enforcement authorities.
Wallet Security As part of the Services, the Foundation may distribute tokens or rewards to you. In order to receive these tokens or rewards, you may be required to connect an Ethereum wallet address (a "Wallet") through the Website [Pirate Nation to confirm accuracy].
You acknowledge that you are solely responsible for the management of the private keys for, and security of, your Wallet(s). The Foundation does not and will not manage, store, collect or otherwise access the private keys for your Wallet(s). The Foundation does not have custody or control over the contents of your Wallet(s) and has no ability to retrieve or transfer those contents.
The Foundation is not and will not be responsible or liable for any claims, damages, losses or liabilities whatsoever resulting from the compromise of your systems or Wallet(s) or arising directly or indirectly from your failure to comply with this provision of the Terms.
Risk By accessing and using the Website and participating in the Services, you represent and warrant that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets. You further understand that the markets for digital assets are highly volatile due to various factors, including adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the protocol through the interface, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost.
You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the service. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Services.
Without limiting the foregoing, you also understand that there may be tax and regulatory risks related to participation in the Services. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with your use of the service, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Digital assets, blockchain technology, and any related software and services are also subject to legal and regulatory uncertainty. You also understand that legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of digital assets, bridging, the protocol, or other parts of the service.
You acknowledge that we are not responsible for any risks associated with your use of the Services, and cannot be held liable for any resulting losses that you experience while accessing or using the Services.
If you provide us with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to the Foundation all rights in such Feedback and agree that the Foundation shall have the right to use such Feedback and related information in any manner it deems appropriate. The Foundation will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary for which you do not have all required permissions and consents to so submit.
Third-Party Services The Website and the Services thereon may provide access to other services, sites, technology, applications and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party.
The Foundation has no control over, and is not responsible for, such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices and terms and conditions of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.
You, and not the Foundation, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of such Third-Party Services does not constitute or imply any endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. The Foundation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
No Professional Advice and No Fiduciary Duties All information provided on the Website or through the Services thereon, or otherwise provided by the Foundation, is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the website or obtained through the Services. Before you make any financial, legal, tax or other decisions involving the Website or Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
Limitation of Liability You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall the Foundation, any of our affiliates, nor any of the officers, directors and employees of the Foundation or our affiliates, be liable for any claim, damages or any other form of liability, whether in action or in tort, arising from or in connection with your use or inability to use the Website or participate in the Services.
You accept and acknowledge that there are risks associated with using the Website and participating in the Services including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, loss of rewards, and security risks. You accept and acknowledge that the Foundation will not be responsible for any losses, failures, disruptions, errors, distortions or delays you may experience when participating in the Services, however caused. The Foundation will not be responsible or liable to you for any loss and takes no responsibility for and will not be liable to you for your participation in the Services.
We further disclaim all liability arising from any reliance you placed on the materials provided on the Website, including the content provided by third parties. Any links to other websites are provided for your convenience. They do not signify any endorsement by the Foundation of such other websites. We have no control over or responsibility for the content provided on such other linked websites.
We do not make any representations or warranties that access to or participation in any part of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Any Rewards you receive (including any tokens) as part of the Services may have no value.
To the maximum extent permitted by law, in no event will the cumulative liability of the Foundation, any of our affiliates or any of the officers, directors and employees of the Company or our affiliates for any claims arising out of or related to the Terms, the Services or the Website exceed one thousand US dollars (US$1000). The limitation of liability reflects the allocation of risk between the parties.
Some jurisdictions do not allow certain warranty disclaimers or limitations on liability. Only disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
Indemnification and Release You agree to defend, indemnify, and hold harmless the Foundation, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Pirate Nation Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, your connection to the Service, your violation of these Terms, or your violation of any rights of another. The Foundation will provide notice to you of any such claim, suit, or proceeding.
The Foundation reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting the Foundation’ defence of such matter. You may not settle or compromise any claim against the Pirate Nation Parties without the Foundation’s prior written consent.
You expressly agree that you assume all risks in connection with your access and use of the Service. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service, including your interaction with the Protocol
Governing Law These Terms shall be construed in accordance with the laws of the Cayman Islands, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
Dispute Resolution by Binding Arbitration This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Foundation, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.
A) Waivers Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Your acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
You and the Foundation agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and the Foundation agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
B) Pre-Arbitration Dispute Resolution The Foundation is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing user support at hello@piratenation.foundation
If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Foundation should be sent to hello@piratenation.foundation (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.
If the Foundation and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Foundation may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Foundation or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Foundation is entitled.
C) Arbitration Procedures Arbitration will be conducted by a neutral arbitrator appointed in accordance with the Arbitration Rules of the Cayman International Mediation and Arbitration Centre, as revised from time to time ("CI-MAC Rules"). For information on the CI-MAC Arbitration Rules, please visit https://www.caymanarbitration.com
If there is any inconsistency between any term of the CI-MAC Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would.
All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Foundation and you agree otherwise, any arbitration hearings will take place in the Cayman Islands. If the parties are unable to agree on a location, the determination will be made by CI-MAC.
If your claim is for $10,000 or less, the Foundation agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the CI-MAC Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the CI-MAC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
D) Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the CI-MAC Rules, unless otherwise provided in this Arbitration Agreement.
E) Confidentiality All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
F) Future Changes to Arbitration Agreement Notwithstanding any provision in these Terms to the contrary, the Foundation agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending the Foundation written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
Assignment You may not sell, assign, novate or otherwise transfer any of your rights, duties or obligations under the Terms without the Foundation's prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. The Foundation reserves the right to assign or transfer the Terms or any of its rights, duties and obligations hereunder to any third party. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Severability If any term, clause, or provision of the Terms is held to be illegal, invalid, void, or unenforceable (in whole or in part), then such term, clause, or provision shall be severable from the Terms without affecting the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision in the Terms, which will otherwise remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to affect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from the Terms, but the rest of the Terms will remain in full force and effect.
Contact If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: hello@piratenation.foundation