TERMS OF USE AGREEMENT
Last Updated: May 8th, 2023
Please read this terms of use agreement (the “Terms of Use”) carefully. This website and any other websites of Cypherpunk Limited (CYPHERPUNK), a company incorporated in Hong Kong with the corporate registration number 3122375, its affiliates or agents (collectively, the “Website”) and the information on it are controlled by CYPHERPUNK. These terms of use govern the use of the Website and apply to all internet users visiting the Website by access or using the Website in any way, (“Users”) including using the services and resources available or enabled via the website (each a “Service” and collectively, the “Services”). The Website, the Services, and the information and content available on the Website are collectively referred to herein as the “CYPHERPUNK Properties”. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Website. If you do not agree to be bound by the terms of use, you may not access or use this Website or the Services. Our use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement”.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY CYPHERPUNK IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, CYPHERPUNK will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.
1. USE OF THE SERVICES AND CYPHERPUNK PROPERTIES
The Website provides Users with content and information about our Services and allows Users to subscribe to our mailing list. The Website also allows Users to purchase products through our online store (“CYPHERPUNK Store”). Once we receive a User’s payment, we will ship the purchased items to the mailing address provided by the User. At this time, we do not allow returns or refunds for purchased items.
2. TRADEMARKS
The CYPHERPUNK brand and other related graphics, logos, service marks and trade names used on or in connection with CYPHERPUNK Properties or in connection with the Services are the trademarks of CYPHERPUNK and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in CYPHERPUNK Properties are the property of their respective owners.
3. USER CONDUCT
As a condition of your use of the CYPHERPUNK Properties, you agree not to use CYPHERPUNK Properties for any purpose that is prohibited by the Agreement or by applicable law.
4. THIRD-PARTY MATERIALS, WEBSITES, AND APPLICATIONS
As a part of CYPHERPUNK Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for CYPHERPUNK to monitor such materials and that you access these materials at your own risk. CYPHERPUNK Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left CYPHERPUNK Properties and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of CYPHERPUNK. CYPHERPUNK is not responsible for any Third-Party Websites or Third-Party Applications. CYPHERPUNK provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites or Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
5. DISCLAIMER OF WARRANTIES AND CONDITIONS
5.1 As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CYPHERPUNK PROPERTIES IS AT YOUR SOLE RISK, AND CYPHERPUNK PROPERTIES (INCLUDING PRODUCTS SOLD THROUGH THE CYPHERPUNK STORE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CYPHERPUNK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CYPHERPUNK OR THROUGH CYPHERPUNK PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5.2 No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT CYPHERPUNK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CYPHERPUNK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
6. LIMITATION OF LIABILITY
6.1 Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CYPHERPUNK PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH CYPHERPUNK PROPERTIES, THE CYPHERPUNK STORE, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, WHETHER OR NOT CYPHERPUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF CYPHERPUNK PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
7. INTERNATIONAL USERS
CYPHERPUNK Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that CYPHERPUNK intends to announce such Services or content in your country. CYPHERPUNK Properties are controlled and offered by CYPHERPUNK from its facilities in Hong Kong. CYPHERPUNK makes no representations that CYPHERPUNK Properties are appropriate or available for use in other locations. Those who access or use CYPHERPUNK Properties from other countries do so at their own volition and are responsible for compliance with local law.
8. GENERAL PROVISIONS
8.1 Electronic Communications
The communications between you and CYPHERPUNK use electronic means, whether you visit CYPHERPUNK Properties or send CYPHERPUNK e-mails, or whether CYPHERPUNK posts notices on CYPHERPUNK Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from CYPHERPUNK in an electronic form; and (2) agree that all Agreement and conditions, agreements, notices, disclosures, and other communications that CYPHERPUNK provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
8.2 Assignment
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without CYPHERPUNK prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
8.3 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to CYPHERPUNK Properties, please contact us at: [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
8.4 Governing Law
THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH HONG KONG LAW, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE AGREEMENT.
8.5 Waiver
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
8.6 Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
8.7 Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
