TERMS & CONDITIONS FOR NFTS BOUGHT VIA THECARDANAIRES.COM USING NMKR PAY

Last updated on Jan 9th, 2023 These terms and conditions constitute a legally binding agreement (the “Agreement”) between the purchaser/user (also referred to herein as “You”, “Your” or “User”) and The Cardanaires ( “we” , “us” or “our”), governing your purchase and use of Cardanaires NFTs powered by Tangent Protocol as part of the Cardanaires Genesis NFT Offering (the “Offering”). BY PARTICIPATING IN THIS OFFERING AND USE OF THE CARDANAIRES POWERED BY TANGENT PROTOCOL, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE OFFERING AND MUST DISCONTINUE USE OF YOUR CARDANAIRES POWERED BY TANGENT PROTOCOL.

By entering into this Agreement, and/or by participating in the Offering, and/or using your Cardanaires, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE OFFERING AND MUST DISCONTINUE USE OF YOUR CARDANAIRES POWERED BY TANGENT PROTOCOL.

Artist Kwrtz provides consumers with digital works of art created for the Cardanaires Genesis NFT Collection, preserved on the Cardano Blockchain. These works of art, known as a “The Cardanaires”, from hereon known as are made available for purchase through the mint.thecardanaires.com website (the “Site”). Cardanaires NFT Collection and the Site are collectively referred to in these T&C as “Cardanaires”. 



Requirements for Purchase and Use

● (a) Participation in the Cardanaires Offering and its continued use is open only to individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. ● (b) You represent and warrant that you are at least 18 years old. ● If You wish to place an Order for Cardanaires, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your billing address, and Your shipping information. ● By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. ● We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: ● We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. ● Due to the nature of the digital items for sale, We are unable to accept cancellations or refunds. ● We are constantly updating Our offerings on the Site. The Cardanaires available on The Site may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Cardanaires on the Site and in Our advertising on other websites. ● We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. ● All Goods purchased are subject to a one-time payment. Payment can be made using NMKR Pay on the Cardano blockchain. If We do not receive the required payment, We will not be liable for any delay or non-delivery of Your Order.

Indemnity

You agree to defend, indemnify, and hold harmless Tangent Protocol, including each of our respective affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your sale, possession, or use of your Cardanaires and/or Your participation in the Offering, including: (1) Your breach of this Agreement or the documents it incorporates by reference; (2) Your violation of any law or the rights of a third-party as a result of your own actions or interaction with such third party; (3) any and all failed transactions related to your Cardanaires, and/or (5) any other activities in connection with the Offering or the Cardanaires. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Rights

● (a) Free and Clear Ownership of your Cardanaire. Once successfully purchased, you are the sole owner of the Cardanaire. Tangent Protocol retains no controls over the Cardanaire after the NFT has been transmitted. As a result, once purchased, you are solely responsible for the maintenance of the Cardanaire and its lawful use. ● (b) Transfers of Cardanaires. You have the unlimited right to transfer the Cardanaires. However, the use of the Cardanaire by any successor transferee is an agreement by that transferee to these terms and conditions. IF YOU ARE A TRANSFEREE OF A CARDANAIRE AND DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHALL DISCONTINUE USE OF THE CARDANAIRES NFT ● In connection with your purchase of one or more of the Cardanaire NFTs, and subject to your compliance with the terms of this Agreement, Tangent Protocol grants you a limited license to display the original artwork that was minted as a Cardanaire NFT and is associated with the Cardanaires that you purchase (“Artwork”). The terms of said limited license, including restrictions on the use of any such Artwork and provisions related to the term and termination of same, can be found in “Licence” and “Restrictions” sections, below ● To support the continued use and development of the platform, Tangent Protocol may collect royalties equal to two percent (2%) of the sale price from subsequent sales of the Cardanaires when such sales occur within a marketplace which supports the CIP-0027 proposal.

License

Subject to your compliance with the terms of this Agreement, Tangent Protocol hereby grants you a worldwide, non-exclusive, personal, limited license, solely with respect to any Cardanaire NFT(s) powered by Tangent Protocol that you own, to display the Artwork associated with such Cardanaires, privately or publicly, solely for personal, non-commercial purposes, including on social media platforms, digital galleries, or otherwise on the Internet or in association with your offer to sell or trade your Cardanaire. This license does not grant you any rights in or to the Artwork separate from the associated Cardanaires, including any of the copyrights described in Section 4 below.

Restrictions

You agree that you may not, and will not permit any third party to, do or attempt to do any of the following without Tangent Protocols express prior written consent in each case: (i) modify the Artwork associated with your Cardanaires in any way; (ii) use the Artwork to advertise, market, or sell any product or service; (iii) use the Artwork in connection with malicious, harmful, offensive or obscene images, videos, or other materials or forms of media, including any that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise violate applicable laws or regulations or infringe upon the rights of others; (iv) use or incorporate the Artwork in movies, videos, video games, or any other forms of media for a commercial purpose; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Artwork; (vi) trademark, copyright, or seek to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork, including any Tangent Protocol name, trademark, logo, or other source indicators contained or depicted therein; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the Artwork on any platform; (viii) falsify, misrepresent, or conceal the authorship of the Artwork or the NFT; or (ix) otherwise commercially use or exploit any Artwork for your or any third party’s benefit, including by selling copies of any Artwork or selling derivative works embodying any Artwork.

Ownership

You acknowledge and agree that Tangent Protocol (or, as applicable, its licensors) owns all legal right, title and interest in and to the Artwork, and all intellectual property rights therein. The rights that you have in and to the Artwork are limited to those expressly described in Section 2 of this Agreement. Tangent Protocol (on behalf of itself and, as applicable, its licensors) reserves all other rights in and to the Artwork, including all copyrights in and to the Artwork (e.g., the right to reproduce and make copies, to prepare derivative works, to distribute, sell, or transfer, to display, to perform, and to publicly display and publicly perform).

License Term

The license granted in Section 2 applies only to the extent that you continue to Own the applicable NFT. If at any time you sell, trade, donate, give away, or transfer your NFT to a new Owner, the license granted in Section 2 shall be transferred to that new Owner, and you will have no further rights in or to the NFT or Artwork associated with that NFT. If at any time you burn or otherwise dispose of your NFT for any reason, or sell, trade, donate, give away, or transfer your NFT, the license granted in Section 2 will immediately expire with respect to that NFT without the requirement of notice or any further action, and you will have no further rights in or to the NFT or Artwork associated with that NFT.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Assumption Of Risk

As noted above, the Cardanaires are made available by us solely to preserve digital art on the Cardano Blockchain. You agree that You assume the following risks: (A) To the extent there is a price or market for a blockchain asset such as a The Cardanaires, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including Your Cardanaires, and there is no guarantee that The Cardanaires will have or retain any value; (B) the commercial or market value on a Cardanaires that You purchase may materially diminish in value as a result of a variety of things such as negative publicity ; (C) there are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, risks associated with hardware, software and Internet connections and/or their failure to function properly as you anticipated, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere. Tangent Protocol will not be responsible for any damages associated with these risks ,however caused; (D) Tangent Protocol does not make any promises or guarantees about the availability of the The Cardanaires or that they will host the The Cardanaires at any specific location and/or for any specific period of time; (E) upgrades to the Cardano platform, a hard fork or other change in the Cardano platform, a failure or cessation of Cardano, or a change in how transactions are confirmed on the Cardano platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation, your Cardanaires. Tangent Protocol does not make any promises or guarantees related to Blockchain or any other third parties related to this offering and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties. the risk of losing access to your Cardanaires due to loss of private key(s), custodial error or purchaser error; (F) the risk of mining attacks; (G) the risk of hacking, security weaknesses, fraud, counterfeiting, cyber-attacks and other technological difficulties. Tangent Protocol cannot and does not represent or warrant that any Cardanaires or its supporting systems or technology, is reliable, current or error-free, meets Your requirements, or that defects in The Cardanaires, or its supporting systems or technology, will be corrected. Tangent Protocol cannot and does not represent or warrant that The Cardanaires or the delivery mechanism for it are free of viruses or other harmful components. You accept and acknowledge that Tangent Protocol will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to the Offering.

Governing Law

This Agreement and all matters related to it shall be governed by, construed, and enforced in accordance with the laws of the Cayman Islands without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law.

Changes to this Agreement

Tangent Protocol may make changes to this Agreement from time to time. When Tangent Protocol makes such changes, we will make the updated Agreement available on this website and update the “Last Updated” date at the beginning of the Agreement accordingly. Please check this page periodically for changes. Your continued use of The Cardanaires after the Agreement has been updated will constitute your binding acceptance of the updated terms of the Agreement.

Translation

If you are provided a translation of this Agreement, the original version in English will be used in deciding any issues or disputes which arise under this Agreement.

Severability

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Contact Us

If you have any questions about these Terms and Conditions, we encourage You to contact us via e-mail at info@thecardanaires.com

Privacy Policy

The Cardanaires main priority is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by thecardanaires.com and how we use it. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us through email at info@thecardanaires.com Log Files The Cardanaires follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this as part of hosting services’ analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information. Cookies and Web Beacons Like any other website, The Cardanaires uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. Google DoubleClick DART Cookie Google is one of the third-party vendors on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Privacy Policies

Third-party ad servers or ad networks use technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on The Cardanaires website, which are sent directly to users’ browsers. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that The Cardanaires has no access to or control over these cookies that are used by third-party advertisers.

Third-Party Privacy Policies

The Cardanaires Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

Online Privacy Policy

Only This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collected in The Cardanaires. This policy is not applicable to any information collected offline or via channels other than this website. Consent by using our website, you hereby consent to our Privacy Policy and agree to its Terms and Conditions.