Terms And Conditions

Basemon LLC

Last Updated: 12/10/2022

These terms and conditions (“Terms & Conditions”) govern your use of the https://basemoncoin.com/ website, including your purchase of any Basemon Coins; by using this website or attempting to purchase a Basemon Coin, you accept these Terms & Conditions in full. If you disagree with these Terms & Conditions or any part of these Terms & Conditions, you must not use the https://basemoncoin.com/ website or attempt to purchase any Basemon Coin.

1. Definitions

“Art” means any art, designs, drawings, traits, layers, and other design elements that may be associated with Basemon Coin that you own.

“Content” means text, images, audio material, video material, audio-visual material, or other forms of media.

“Coin” Means a Basemon token or Coin that you own and was originally sold on this Site.

“Trading Platform” means a secure marketplace where Coin are sold, transferred, and recorded on the applicable blockchain and such transactions can be proven by the applicable blockchain.

“Own” or “Ownership” means, with respect to a Coin, a Coin that you have purchased through the Website or otherwise rightfully acquired from a legitimate source, where proof of purchase was recorded on the applicable blockchain and ownership of the Coin can be proven.

“Owner” means someone who has rightful and legal Ownership of a Coin.

2. Your Acceptance

These Terms & Conditions constitute an agreement (“Agreement”) between Basemon LLC, (“Basemon”), the owner and operator of the Basemon LLC website, https://basemoncoin.com/ (the “Site” or “Website”), and you (“you”, “your” or “user(s)”), a user of the Site.

Throughout this Agreement, the words “Basemon,” “us,” “we,” and “our,” refer to our company, Basemon LLC.

BY ACCESSING THIS WEBSITE, YOU AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS IN FULL AND WITHOUT RESERVATION. IF YOU DISAGREE WITH THESE TERMS & CONDITIONS, YOU MAY NOT USE THIS WEBSITE OR ATTEMPT TO PURCHASE ANY BASEMON COINS.

We may amend this Agreement at any time so please come back and review these Terms & Conditions often.

3. Basemon Ownership

Unless otherwise stated, Basemon and/or its licensors and affiliates own the intellectual property rights published on this website, including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by Basemon on another website (collectively, the “Basemon Content”). The Basemon Content is the sole property of Basemon LLC and/or its licensors, affiliates, or third-party service providers.

You acknowledge and agree that Basemon and/or its licensors and affiliates own all legal rights, title, interest in the Art associated with any Coins, and all intellectual property rights, including but not limited to, trademark and copyright rights, therein. Any rights provided to you upon purchase or ownership of a Coin are limited to those expressly stated herein. Basemon reserves all rights and ownership to the Coins and Art not specifically granted to the User in this Agreement.

4. Purchase

Any payments of financial transactions that you conduct or engage in through the Site are final. You acknowledge and understand that the Site cannot and will not reverse any payments or transactions. All purchases of Coins, as well as any associated charges, are non-refundable.

You shall be responsible for all applicable taxes including any sales or compensating use tax or equivalent tax wherever such tax may arise.

The user accepts and acknowledges that Basemon and its Affiliates will not be responsible for any communication failures, disruptions, distortions, delays, or any other errors that may arise when you attempt to purchase any Coins.

5. User Ownership

Upon you assuming Ownership of a Coin and accepting the Terms and Conditions of this Agreement, Basemon shall grant you a non-exclusive, worldwide right to 1) use, display, or trade your Coin for your own personal use; 2) sell or transfer your Coins to another party pursuant to Section 7 of this Agreement; and 3) use your Coin as part of a third-party website or application which permits the inclusion, involvement, and/or participation for your Coins, provided that the website or application cryptographically permits and verifies each Coin owner’s rights and ownership and the website or application ensures only the actual owner can use the coin.

Basemon may provide you, the Owner of a Coin, part of the Coin (“Coin”). In the event that you are provided a Coin, Basemon grants you a non-exclusive, worldwide, license to use, display, or otherwise use the Coin solely for your own personal use and not for any commercial use of any kind.

You understand and agree that these rights are licensed solely to the rightful and legal owner of the Coin. Your licensed rights to the Coin will terminate upon the rightful and legal sale or transfer of your Coin in accordance with Sections 7 and 8 of this Agreement and the new Owner, upon their acceptance of the Terms and Conditions of this Agreement, shall receive these licensed rights.

6. Transfer

You have the limited right to transfer or sell your Coins on an Coin Trading Platform, provided that the transferee or purchaser understands and accepts the terms of this Agreement and the terms of the Coin trading platform applicable Terms & Conditions and that prior to the transfer, you have not breached this Agreement or the Terms & Conditions of the Coin Trading Platform.

Basemon is not responsible for any transactions between you and a third party, including using any Coin Trading Platform to transfer your Coins. Basemon shall have no responsibilities or liability with respect to any transfer you enact on any of these Coin Trading Platforms.

8. Termination of License

The licensed rights granted to you in Section 5 of this Agreement shall automatically terminate if you perform any of the following actions: 1) you use your Coin in any manner for illegal activity; (2) you breach any terms of this Agreement or any Terms & Conditions for the designated Coin Trading Platform; or (3) you engage in or initiate any legal actions against Basemon and/or any of their affiliates, and each of their respective officers, directors, members, affiliates, agents, or employees.

Upon termination of your licensed rights, you must immediately cease and desist all activities and rights granted to you from Section 5. This includes ceasing all activities involving the Coin for your own personal use and creating or selling physical merchandise that incorporates the Art of the Coin.

9. Assumption of Risk

You understand and agree that the Coins are made on new blockchain for educational investment purposes only to further the new technology itself. You agree and understand that that:

(1) the market and prices for a blockchain asset are extremely volatile and subjective and collectible blockchain assets, such as the Coins, have no inherent or intrinsic value, and fluctuations in the price of such blockchain assets could materially and adversely affect the price and value of your Coins;

(2) there are risks involved with using internet-based currency and asset, including, but not limited to, risk of hardware, software, internet connection failure, risk of malicious software, and risk that unauthorized parties may gain access to your personal information including such information and assets contained in your digital wallet or elsewhere;

(3) internet-based currency and assets are not currently regulated by any regulatory regimes, and new regulations or policies that may materially affect the value of any Coins; (4) there is an inherent risk that you may lose access due to loss of private keys, custodial error, or even purchaser error;

(5) there are risks related to taxation; and

(6) Basemon does not make any guarantees or representations about the availability of the Coins or the art or that they will host the Coins in any specific location for any specific period of time.

You agree that you have received sufficient information to make an informed decision regarding the decision to purchase or otherwise obtain the Coins and that you understand and agree that you are solely responsible for determining the value, nature, and appropriateness of the above risks for yourself.

10. Limitation of Liability

All Coins Are Provided “As Is” And “As Available” Without Warranties Of Any Kind Either Express Or Implied. Basemon And Its Affiliates Hereby Disclaim All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose And Non-Infringement. In No Event Shall Basemon Be Liable To You For Any Indirect, Extraordinary, Exemplary, Punitive, Special, Incidental, Or Consequential Damages (Including Loss Of Data, Goodwill, Work Stoppage, Diminution Of Value Or Any Other Intangible Loss, Technology Failure, Or Malfunction, Revenue, Profits, Use Or Other Economic Advantage Related To Any Coin Or Otherwise) However Arising, Even If Basemon Knows There Is A Possibility Of Such Damage.

11. Release

If You Are A Resident Of A Jurisdiction That Requires A Specific Statement Regarding Release Then The Following Applies. For Example, California Residents Must, As A Condition Of This Agreement, Waive The Applicability Of California Civil Code Section 1542, Which States, “A General Release Does Not Extend To Claims Which The Creditor Does Not Know Or Suspect To Exist In His Or Her Favor At The Time Of Executing The Release, Which If Known By Him Or Her Must Have Materially Affected His Or Her Settlement With The Debtor.” You Hereby Waive This Section Of The California Civil Code. You Hereby Waive Any Similar Provision In Law, Regulation, Or Code That Has The Same Intent Or Effect As The Aforementioned Release. You Release Us From Any Liability Relating To Our Site Or Basemon Content, And You Release Us, Our Directors, Officers, Employees, Affiliates, And Agents From Any Claims And Damages, Known And Unknown, Arising Out Of Or In Any Way Connected With Any Claim You Have Against Us. This Release Does Not Apply To New Jersey Users.

12. Digital Millennium Copyright Act of 1988

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Basemon infringe your copyright, you, or your agent may send to Basemon a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Basemon actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Basemon a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Basemon’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: through a direct message to Basemon’s Legal at legal@basemoncoin.com

13. Site Availability and Modification

Although we attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove portions of our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion; however, nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.

14. Unauthorized Conduct

When accessing or using our Site, you are solely responsible for your actions, and you agree to abide by the following rules of conduct:

You agree not to copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping;”
You agree not to attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
You agree not to use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
You agree not to take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; You agree that you will not hold Basemon, any of its affiliates, or its third-party providers responsible for your use of the Site;
You agree not to violate any requirements, procedures, policies, or regulations of networks connected to Basemon;
You agree not to interfere with or disrupt the Site;
You agree not to post anything contrary to our public image, goodwill, or reputation;
You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, harmful, or harassing.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may, at our discretion, be terminated or suspended. Basemon reserves the right to suspend or terminate your access at any time without notice or explanation.

15. Indemnity

You agree to defend, indemnify and hold harmless Basemon, its officers, directors, employees, affiliates, third-parties, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of any Basemon Site;
your use of any Basemon’ affiliate services;
your violation of any term of this Agreement; or
arising out of any claim that you have breached any provision of these Terms & Conditions.

This defense and indemnification obligation will survive this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

16. Choice of Law & Venue

This Agreement and any action related to this Agreement shall be governed by the laws in force in the State of Wyoming and US Federal law. Foreign laws do not apply. The offer and acceptance of this contract are deemed to have occurred in the State of Wyoming.

17. Forum

By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Basemon, or the Site arising out of, relating to, or connected in any way with this Agreement or any Coins purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action (does not apply to New Jersey users) and the arbitration shall be held in Sheridan, Wyoming or at such other location as may be mutually agreed upon by you and Basemon; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Basemon’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (this does not apply to New Jersey users); (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Basemon shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in or near Sheridan, Wyoming.

18. Class Action Waiver

You and Basemon agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

19. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Basemon are deemed to conflict with each other’s operation, you agree that Basemon shall have the sole right to elect which provision remains in force.

20. Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

21. No Joint Venture

This Agreement shall not constitute a joint venture, partnership, employment, or agency relationship between the parties.

22. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site or your access to the Site at any time and for any reason.

23. Age

All users who access the Site or buy Coins must be 18 years of age or older.

24. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site. Amended Terms & Conditions will apply to the use of this Site from the date of publication of the amended Terms & Conditions of this Site.

25. Indemnification

You agree to hold harmless and indemnify Basemon LLC and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.

Basemon LLC