1. Acceptance of Terms
Welcome to OSEAN DAO (“DAO”, “we”, “us” or “our”). Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using or interacting with any part of our website, applications or governance platform available at “osean.online” or its subdomains (together the “Website”). By using or otherwise accessing the Website, or clicking to accept or agree to these Terms where that option is made available, you (1) agree that you have read and understand these Terms, (2) accept and agree to these Terms and (3) accept any additional terms, rules and conditions of participation issued from time to time. If you do not agree to the Terms, you may not access or use the Website.
2. OSEAN DAO Membership and Engagement
The DAO is a community-managed decentralized autonomous organization. Membership is granted by the OSEAN DAO Membership NFT (“Membership NFT”), a cryptographic governance token used in OSEAN DAO (an autonomous system of smart contracts on the Binance Smart Chain) that permits, among other things, participation of members in yacht asset investment opportunities. Membership NFT holders may use their Membership NFT to collectively govern OSEAN DAO, including participation in voting over OSEAN project (the “Voting”). Any Membership NFT holder may participate in any Voting by independently interacting with the relevant smart contracts within OSEAN DAO (the “Voting Contracts”).
Some members and developers of the OSEAN DAO community have provided you with a user interface, including the one available at https://osean.online and via other tools, which includes text, images, audio, code and other materials (collectively the “Content”) and all of the features and services provided. The Website, the Voting Contracts and any other features, tools, materials or services offered from time to time are referred to as the “Service”.
Note that while the Voting Contracts and the Website are intended to serve as a convenient way to participate in Voting, both are experimental prototypes and the use of either of them involves a high degree of risk. There are numerous ways the Voting Contracts, the Website or Service could fail in an unexpected way, resulting in the total and absolute loss of all of your funds, including of your Membership NFT and other cryptocurrency tokens or digital assets.
By holding the Membership NFT, you will be bound by the terms and conditions of the DAO’s operating agreement, a copy of which is available on request: info@osean.online.
3. Modification of Terms of Use
These Terms may be modified or replaced at any time unless stated otherwise herein. The most current version will be posted on the Website with the “Last Revised” date changed. Changes are effective immediately upon posting. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Service after any modification constitutes acceptance of the modified Terms. If you do not agree to the Terms in effect when you access or use the Service, you must stop using the Service.
4. Eligibility
You represent and warrant that you are fully able and competent to enter into and comply with these Terms. By accessing the Content or Service, you represent you are of legal age of majority in your jurisdiction and otherwise legally permitted to use the Service, including owning cryptographic tokens of value and interacting with the Service. You are responsible for ensuring compliance with the laws of your jurisdiction.
5. Representations, Warranties and Risks
5.1 No Representation or Warranty
(A) ALL PERSONS, ENTITIES, AGENTS AND MEMBERS INVOLVED WITH THE OSEAN DAO, INCLUDING WITHOUT LIMITATION THE VOTING CONTRACTS DISPLAYED THROUGH THE WEBSITE AND SERVICE, MAKE AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY;
(B) WITH RESPECT TO THE WEBSITE, SERVICE AND VOTING CONTRACTS, $OSEAN TOKENS, MEMBERSHIP NFTS AND THE OSEAN DAO MEMBERS AND ALL RELATED ENTITIES AND AGENTS SPECIFICALLY DO NOT REPRESENT, WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, INCLUDING WITHOUT LIMITATION TITLE, NON-INFRINGEMENT, MERCHANTABILITY, USAGE, SECURITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF DEFECTS. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICE OR ANY INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
5.2 Disclaimer of Fiduciary Duties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO ELIMINATE ANY AND ALL FIDUCIARY DUTIES THE OSEAN DAO MEMBERS OR RELATED ENTITIES AND AGENTS MAY HAVE TO YOU, PROVIDED THIS DOES NOT EXTEND TO MISAPPROPRIATION OF YOUR ASSETS OR FUNDS OR OTHER ACTS OR OMISSIONS THAT CONSTITUTE A BAD-FAITH VIOLATION OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING.
5.3 Sophistication and Risk of Cryptographic Systems
By using the Website or Service you represent that you understand the inherent risks associated with cryptographic systems and blockchain-based software systems (e.g., ETH, BNB, $OSEAN, BSC tokens). The underlying protocols are open-source and subject to “Forks”. OSEAN DAO Members assume no responsibility for underlying software protocols, whether Forked or not.
5.4 Risk of Regulatory Actions
The Website, Services, Voting Contracts, OSEAN DAO and BNB could be impacted by regulatory inquiries or actions which could impede development or limit your ability to access or use the Service or Binance Smart Chain, including access to your funds.
5.5 Risk of Weaknesses or Exploits in Cryptography
Advances in cryptanalysis or computing (e.g., quantum) may present risks to cryptocurrencies and the Service, potentially resulting in theft or loss of tokens or property. While improvements may be adopted, full security is not guaranteed.
5.6 Volatility of Cryptocurrency
Cryptocurrencies are highly volatile. Transaction costs may vary substantially. OSEAN DAO Members are not liable for price fluctuations or increased costs.
5.7 Application Security
The Website, Services and Voting Contracts are subject to flaws. You are solely responsible for evaluating any code provided and the associated risks.
5.8 Website Accuracy
While we aim to provide accurate information, the Website and tools may include inaccuracies. Information may change without notice. Verify information before relying on it. We are not responsible for third-party content or services linked from the Website.
5.9 Technical Knowledge
Using the Website/Services and Voting Contracts requires an understanding of applied cryptography and computer science. You represent you possess relevant knowledge and skills.
5.10 Voting in Cryptographic Systems
On-chain voting is new and evolving. Risks may include loss of tokens or votes not being cast as intended.
6. Indemnity
You agree to release, indemnify, defend and hold harmless OSEAN DAO Members and related entities (and their officers, directors, employees, shareholders and representatives) from any claims, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising from your use of the Website or Service, your violation of these Terms or law, or your acts or omissions. We may assume exclusive defense and control of any matter subject to indemnification.
7. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER OSEAN DAO MEMBERS NOR RELATED ENTITIES, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS; SOME LIMITS MAY NOT APPLY TO YOU.
8. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by the DAO, OSEAN DAO Members, related entities or their licensors. Except as expressly authorized, you agree not to copy, modify, lease, loan, sell, distribute, perform, display or create derivative works based on the Website or Service.
9. Links
The Website/Service may contain links to third-party sites or resources. We are not responsible for their availability, content, products or services, and are not liable for any damage or loss related to your use of them.
10. Termination and Suspension
OSEAN DAO may terminate or suspend all or part of the Website or Service access immediately, without notice, if you breach these Terms. Upon termination, your right to use the Website or Service ceases immediately.
11. No Third-Party Beneficiaries
Except as expressly provided, there are no third-party beneficiaries to these Terms.
12. Notice and Procedure for Copyright Claims
If you believe your copyright is infringed, please email info@osean.online with: (i) your signature; (ii) description of the copyrighted work; (iii) URL/location of the allegedly infringing material; (iv) your contact details; (v) a good-faith statement the use is unauthorized; and (vi) a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized agent.
13. Arbitration and Class Action Waiver
13.1 Initial Dispute Resolution
The parties will use best efforts to engage directly and negotiate in good faith to settle disputes before initiating arbitration.
13.2 Binding Arbitration
If we cannot resolve the dispute, any dispute arising under these Terms shall be finally settled in binding arbitration, on an individual basis, in accordance with the DAO’s operating agreement.
13.3 Governing Law
For disputes not subject to arbitration, you and OSEAN DAO submit to the exclusive jurisdiction and venue of the courts of the Republic of the Marshall Islands. The Terms and your relationship with OSEAN DAO are governed by the laws of the Republic of the Marshall Islands, without regard to conflict-of-law provisions.
14. General Information
14.1 Entire Agreement
These Terms together with the Privacy Policy (and any additional terms, rules and conditions posted on the Service) form the entire agreement regarding the Service.
14.2 Waiver and Severability
Failure to exercise any right shall not constitute a waiver. If any provision is found invalid, the parties intend the remainder to stay in effect.
14.3 Statute of Limitations
Any claim arising out of or related to the Website, Service or these Terms must be filed within one (1) year after the claim arose, or be forever barred.
14.4 Section Titles
Section titles are for convenience only and have no legal effect.
14.5 Communications
Questions, complaints or claims: info@osean.online
15. Privacy Policy
All information collected on the Website is subject to the Privacy Policy. By using the Website or Service, you consent to actions taken with respect to your information in compliance with the Privacy Policy.
16. Prohibited Use
You may not use the Website or Service for Prohibited Uses. If unsure whether your use is prohibited, contact us at info@osean.online.
Unlawful Activity: Activities that violate laws or sanctions; publishing or disseminating unlawful material.
Abuse Other Users: Interfering with others’ use of Services; harassment, threats, hate, or violent acts; harvesting information without consent.
Fraud: Operating to defraud OSEAN DAO or others; providing false or misleading information.
Intellectual Property Infringement: Transactions involving infringing items; use of OSEAN DAO IP, name or logo without consent; implying false endorsement.
17. Contact
If you have questions or concerns about these Terms, contact:
OSEAN DAO LLC
P.O. Box 852, Long Island Rd
Majuro, MH 96960
Reg. No: 10118-24
Email: info@osean.online