Terms & Conditions
USER TERMS OCEAN BLUE’S WEBSITE
By using the website https://oceanblue.foundation/ and subsequent webpages related thereto (the “Website”), you hereby agree (i) to become a party to this agreement (the/this “Agreement”) and (ii) that your counterparty is STICHTING OCEAN BLUE, a foundation incorporated under the laws of the Netherlands (stichting), having its statutory seat in (1018 RG) Amsterdam, the Netherlands and registered offices at the address of Kraijenhoffstraat 137 A, Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under file number 80743218 (“Ocean Blue”).
WHAT THESE USER TERMS COVER
This Agreement applies to all visits to and use(s) of the Website and to all information, recommendations and services that Ocean Blue provides to you via the Website (the “Content”). The Content is made (technically) available to and accessible by you by Ocean Blue and/or by a third party designated thereto by Ocean Blue.
THE CONTENT AND OBLIGATIONS
By using the Website, Ocean Blue will provide the Content to you via the Website. This is exclusively done for your own use, in an orderly manner and according to the standards of reasonableness and fairness.
You realise that using the Content via the Website and (therefore) entering into this Agreement does not give you any rights and/or does not oblige Ocean Blue to (do) anything, except for the actions expressed in this Agreement. More specifically and for the avoidance of doubt: using the Website and (therefore) entering into this Agreement does not give you the right and/or does not oblige Ocean Blue to enter into any further agreement whatsoever and/or to obtain (future) tokens in any form whatsoever.
By entering into this Agreement, you hereby confirm and warrant to Ocean Blue that you will use and interact with the Content and (via) the Website:
exclusively for yourself and not (also) for and/or on behalf of anybody else;
- at your own risk and expense;
- in an orderly manner and according to the standards of reasonableness and fairness;
- only if you are over 18 (eighteen) years old;
- only if you are legally permitted under the laws and regulations applicable to you and applicable to this Agreement to do so;
- in a legal and non-fraudulent manner - more specifically: you will only use and/or interact with the Content and via the Website. You will not circumvent the Website and also not use the Content via screen-scraping and/or via any other irregular and/or fraudulent way; and
- not directly via an API, unless approved by Ocean Blue in writing and beforehand and/or via (parts of) an API which is made publicly available for use by Ocean Blue.
In the event that you breach any of the aforementioned confirmations and/or warranties, Ocean Blue is legally entitled, without giving you prior notice thereof, to exclude you from using and interacting with the Website and the Content.
It is envisaged that Ocean Blue will implement a KYC (know your customer) and/or AML (anti money laundering) procedure and accompanying checks applied by her and/or a third party designated thereto by Ocean Blue in the future. This will result in Ocean Blue formally requesting you to complete said KYC and/or AML procedure(s) in order to be allowed to use and interact with the Content. Ocean Blue will inform you thereof in due time and grant you ample opportunity to complete said procedure(s). However, should you fail to successfully complete said procedure(s) - which is to be determined at the sole discretion of Ocean Blue and/or a third party designated by Ocean Blue - Ocean Blue is legally entitled to exclude you from using and interacting with the Website and the Content.
Ocean Blue, its directors, employees and/or any other (third) party involved with the creation of the Website, the Content and/or (the execution of) this Agreement, cannot be held liable for any damage, however named, resulting from your use of the Website and/or the Content. Ocean Blue, its directors, employees and/or any other (third) party involved with the creation of the Website, the Content and (the execution of) this Agreement, are also not liable for any for any damage, however named, resulting from hacks, soft- and/or hardware malfunctioning, (hardware) system down times, blockchain down times and/or any other soft- and/or hardware related malfunctioning that affects (the functioning of) the Website and/or the Content.
By entering into this Agreement, you hereby agree that you will indemnify Ocean Blue, its directors, its employees and/or any third party involved with (the creation and/or execution of) the Website, the Content and/or this Agreement against (any) third-party claim(s), including but not limited to claims which arise from you entering into and executing this Agreement and/or a breach of any or all rights and/or warranties as described in this Agreement.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Ocean Blue is the exclusive owner all rights related to the Website and the Content, including copyrights and other intellectual property rights.
Nothing in (the execution of) this Agreement shall be construed as granting any rights under any patent, copyright and/or other intellectual property right of Ocean Blue.
If terms in this Agreement are or become partially invalid, you and Ocean Blue will continue to be bound to the remaining terms. The invalid terms shall be considered as being replaced by terms that are valid and achieve so far as possible the intended effect of the invalid terms, taking into account the content and purpose of this Agreement.
Notwithstanding the provisions in this Agreement, you hereby waive your rights to annul and/or dissolve this Agreement, or cause it to be annulled or dissolved, on any grounds whatsoever, including, but not limited to, pursuant to section 6:265 to section 6:272, and section 6:228 of the Dutch Civil Code (Burgerlijk Wetboek) that relate to the annulment or dissolving of this Agreement on account of an error or to apply to a court of law to annul or dissolve this Agreement. Furthermore, you waive your right to demand this Agreement to be amended on any grounds whatsoever including, but not limited to, pursuant to section 6:230(2) or section 6:258 of the Dutch Civil Code.
This Agreement, the execution thereof, and any non-contractual obligations arising out of or in connection with this Agreement are exclusively governed by and shall be construed in accordance with the laws of the Netherlands.
Any disputes arising out of or in connection with this Agreement, including regarding the existence or validity of this Agreement, the execution thereof, and any non-contractual obligations arising out of or in connection with this Agreement, are subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.