Last update: May 1st, 2023
Welcome to https://app.atomicrails.com, a website-hosted user interface (the “Interface” or “App”) provided by Big Dream Ventures BV, Company Number: 855193062, (“Company”, “we”, “us”) with registered address is Keizersgracht 482, 1017 EG Amsterdam, NL.
The Interface provides access to the atomicrails protocol (the “Protocol”) and certain services in relation to the use of the Protocol. The Protocol is designed to enhance NFTs with certain properties, features, automations and services in order to enable the issuance, storage, transfer and redemption of gift cards (“NFT Gift Cards”) over different blockchains and digital networks.
This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface.
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at app.atomicrails.com/terms-of-service. All modifications will be effective when they are posted, and your continued use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.
To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least eighteen years old and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Interface would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
We own all intellectual property and other rights in the Interface and its contents, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, urls, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the atomicrails logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Big Dream Ventures or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the App and its content, including, without limitation, the exclusive right to create derivative works.
Atomicrails name, logo, trademarks, and any atomicrails product or service names, designs, logos, and slogans are the intellectual property of Big Dream Ventures, or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “atomicrails” or any other name, trademark or product or service name of atomicrails or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Interface constitutes the service mark, trademark or trade dress of atomicrails and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Interface or contained in the content linked to or associated with any NFTs displayed on the Interface are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Big Dream Ventures.
To use our Interface you agree to our Privacy Policy https://www.atomicrails.com/privacy-policy/
You also understand and agree that we use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“PII”) and aggregate data. However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your PII or aggregate data for improper purposes. You acknowledge that you provide your PII and aggregate data at your own risk. By accessing and using the Interface, you understand and consent to our collection, use, and disclosure of your PII and aggregate data.
We will comply with all valid requests from authorities as required by law. We will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or unconstitutional requests as appropriate.
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
All information provided by the Interface 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 in the Interface. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
The Interface is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose.
You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements.
No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
The Interface is operated from facilities within The Netherlands. The Interface may not be available or appropriate for use in other jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You may not use the Interface if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by The Netherlands or European Union, or if your use of the Interface would be illegal or otherwise violate any applicable law.
By accessing and using the Interface, you represent 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 such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20).
You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time.
You further acknowledge the risk that any of your NFT Gift Cards supplied via or interacting with the Protocol may lose some or all of their value.
You understand that the issuer of the NFT Gift Card and the Retailer accepting the balance stored in the NFT Gift Card are third parties to us and that we cannot be responsible if they do not recognize the validity of the NFT Gift card or of the stored balance of the NFT Gift Card.
You acknowledge and agree that we shall not be held liable for any claims, disputes, or issues arising from or related to the balance, value, or use of any issued NFT Gift Cards.
You further acknowledge we expressly disclaim any responsibility or liability in relation to the acceptance or non-acceptance of NFT Gift Cards by retailers or any third party, as well as any disputes or issues between the issuer and the retailer, whether or not they are the same organization or third parties to each other.
You further acknowledge we shall not be held responsible for the recognition or non-recognition of the validity of any NFT Gift Card by its issuer, retailer, or any other party involved in its creation, distribution, or use.
You agree that you shall bear all risks and liabilities associated with the claim, storage, transfer and spending of NFT Gift Cards facilitated by app.atomicrails.com. We make no representations or warranties, express or implied, as to the legality, enforceability, or validity of any NFT Gift Card created, stored, or spent through the Protocol and the Interface.
We shall not be held liable for any claims, disputes, or issues arising from or related to the balance, value, or use of any issued NFT Gift Cards.
You understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and interacting with the Protocol.
The Interface may include references or connections to third-party resources, such as (but not limited to) information, materials, products, or services, which are not under our ownership or control. Furthermore, third parties might present promotions associated with your access and utilization of the Interface. We neither endorse nor accept responsibility for any such resources or promotions. If you choose to access these resources or engage in these promotions, you do so at your own risk, and acknowledge that this Agreement does not govern your interactions or relationships with any third parties. You explicitly absolve us from any liability arising from your usage of these resources or participation in such promotions.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface with your assistance or using any device or account that you own or control.
In no event shall we, or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, be held accountable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages related to loss of profits, goodwill, use, data, or other intangible assets, resulting from or connected to any access or use of the Interface. We shall not be held responsible for any damage, loss, or injury arising from hacking, tampering, or other unauthorized access or use of the Interface or the information it contains. We disclaim any liability for: (a) content inaccuracies, errors, or omissions; (b) personal injury or property damage arising from accessing or using the Interface; (c) unauthorized access or use of any secure server or database under our control or the use of information or data stored therein; (d) disruptions or cessation of functions related to the Interface; (e) bugs, viruses, trojan horses, or similar elements transmitted through the Interface; (f) errors, omissions, or loss or damage resulting from using any content made available via the Interface; and (g) defamatory, offensive, or illegal behavior of any third party. In no event shall our liability, or that of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, exceed the greater of the amount paid by you for access and use of the Interface, or Euro 100.00. This limitation of liability is applicable regardless of the alleged liability's basis, including contract, tort, negligence, strict liability, or any other grounds, even if we have been advised of the potential liability. Some jurisdictions may not permit certain warranty exclusions or liability and damage limitations or exclusions. Consequently, some of the disclaimers and limitations outlined in this Agreement may not be applicable to you. This limitation of liability shall be enforced to the maximum extent allowed by law.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Netherlands, without regard to its conflict of law principles. By entering into this Agreement, the parties expressly agree to submit to the exclusive jurisdiction of the competent courts of the Netherlands for the resolution of any disputes, claims, or controversies arising out of or in connection with this Agreement or any breach thereof.