Last updated: April 26, 2023
BAM Trading Services Inc. d/b/a Binance.US (“Binance.US”, “BAM Trading” “we”, or “us”) is offering users with a valid account including a user profile and associated deposit wallet address(es) (together, “Binance.US Account) on the Binance.US website (the “Platform”), the ability to acquire a crypto domain(s) (“Crypto Domain(s)”) through a collaboration with Unstoppable Domains Inc. (“UD”). Binance.US provides a service through the Platform that offers you the ability to purchase and own a Crypto Domain(s) from UD and to associate that Crypto Domain(s) to your unique Binance.US Account (the “Services”). Subject to the restrictions below, you may purchase more than one Crypto Domain from UD and select to have more than one Crypto Domain associated with your Binance.US Account.
These terms and conditions (“Crypto Domain Terms”) constitute a legally binding agreement between you (also referred to herein as “you”, “your” or “user”) and Binance.US governing your purchase and use of the Crypto Domain.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND BINANCE.US CAN BE BROUGHT (SEE SECTION 8 BELOW). THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BINANCE.US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
Eligibility and Availability
In order to be eligible to purchase a Crypto Domain and use the Services, you must have a valid Binance.US Account in good standing. Your Binance.US Account is subject to all applicable terms and conditions, including our BAM Trading Terms, and must remain active during the time you purchase or hold a Crypto Domain. You must be 18 years or older and a legal resident of a jurisdiction in the United States in which the Platform is available to individual users and meet all other eligibility requirements of the BAM Trading Terms. The purchase of Crypto Domain(s) is not available in Hawaii, New York, Texas and Vermont and other states, territories, countries or locations where prohibited. The purchase of a Crypto Domain may be void where prohibited by law.
You agree that Binance.US’s decisions regarding Crypto Domain(s), your purchase and use of the Crypto Domain(s) in the Collection, and the provision of our Services to you, are final and binding and you agree to abide by all such decisions. Binance.US will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination, suspension, or disabling of your participation in the purchase and use of a Crypto Domain.
Issuance of Crypto Domain(s)
Each Crypto Domain is a unique NFT that is associated with your Binance.US Account. The Crypto Domain(s) is publicly viewable off of the Platform and can be searched on the public blockchain. The purpose of the Crypto Domain is to provide a unique domain associated with your Binance.US Account and to facilitate transfers through/via/with that Crypto Domain or to other Crypto Domain(s). While you may have more than one Crypto Domain associated with your Binance.US Account, Binance.US or UD reserve the right to limit the number of Crypto Domain(s) issued, the name of your Crypto Domain(s), your use of the Crypto Domain(s), or the number of characters associated with your Crypto Domain.
- Violates or infringes another person’s or entity’s privacy, publicity or intellectual property rights (including copyright and trademarks);
- Is profane, obscene, sexually explicit, harassing, threatening, defamatory or [disparaging of another person or entity];
- Is fraudulent, false or misleading or attempts to impersonate another person;
- Incites or promotes drug or alcohol use or violence;
- Is illegal or promotes illegal or unlawful activity.
- Is used for any other illicit or unauthorized purpose or is unauthorized by law.
Binance.US and UD reserve the right to reject any request for any Crypto Domain or reclaim any issued Crypto Domain that violates the foregoing prohibitions. We also reserve the right to freeze any user account if we detect in our sole discretion any fraudulent activity relating to the use of Crypto Domain(s).
Ownership and Licenses
When you purchase a Crypto Domain, you own the Crypto Domain, but you do not possess or own any intellectual property rights in the content of the Crypto Domain except for the license grants expressly set forth herein. Subject to your compliance with the Agreement, Binance.US hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use the Crypto Domain solely for your own personal, non-commercial use in connection with your Binance.US Account(“Crypto Domain License”). This Crypto Domain License lasts as long as you are the valid owner and holder of the Crypto Domain. All rights not expressly granted are reserved.
You agree that, without Binance.US’ express prior written consent, you may not, nor permit any third party to, do or attempt to do any of the following: (a) modify any Crypto Domain in any way; (b) use any Crypto Domain to advertise, market, or sell any product or service; (c) use the Crypto Domain in any way, or in connection with images, videos, or other forms of media, that violates this Agreement; (d) sell, distribute for commercial gain (including giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Crypto Domain; (e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights or publicity rights in or to the Crypto Domain; or (f) utilize the Crypto Domain for your or any third party’s commercial benefit.
The Crypto Domain(s) are only available for purchase to U.S. residents who are users of the Platform that have a Binance.US Account in good standing and if applicable, satisfy other criteria specified by Binance.US and UD for issuance of Crypto Domain(s). Crypto Domain(s) are not available in Hawaii, New York, Texas and Vermont and other states, territories, countries or locations where prohibited. Binance.US has no responsibility for any Crypto Domain(s) once transferred off of the Platform, but such Crypto Domain(s) remain subject to the restriction in the Agreement and your obligations to Binance.US will continue in effect even after such transfer.
Crypto Domain(s) are currently non-transferable and cannot be transferred off of the Platform or outside your Binance.US Account.
Binance.US and UD reserves the right to set the sale prices of the Crypto Domain(s). These prices are subject to change without notice to you. The final sale prices and fees of the Crypto Domain(s) will be disclosed to you at the time of purchase.
Purchase Terms; Fees; Refunds
Crypto Domain(s) can be purchased directly through the Platform through available U.S. dollar (USD) funds in your Binance.US Account. Your purchase of a Crypto Domain is completed upon your confirmation of selecting “Purchase” through the confirmation page of the Platform. All payments must be made in USD. Binance.US cannot guarantee your purchase of a Crypto Domain if you fail to complete the actions necessary to complete and validate your purchase, which may include, but is not limited to, verifying your 2FA. All purchases and sales of Crypto Domain(s) are final and binding. Binance.US will not offer refunds of your purchase of a Crypto Domain for any reason.
Use and Function
You agree that the Crypto Domain(s) are solely for the purpose of facilitating transactions on the Platform through your Binance.US Account and for your personal use and enjoyment, and not for any investment or speculative purposes. You acknowledge that the Crypto Domain(s) do not represent any value beyond the listed purchase price. The Crypto Domain(s) are for personal, non-commercial use.
Any economic benefit that may be derived from appreciation in the value of a Crypto Domain is incidental to obtaining it for its collectible purpose. You agree that the Crypto Domain(s) are not to be used as a substitute for currency or medium of exchange, resale, or redistribution and that you are not acquiring any equity or other ownership or revenue sharing interest in us as a result of your acquisition of the Crypto Domain.
You agree that you are not using (and will not use) any Crypto Domain(s) for or on behalf of any third party, for any company, association, or group, or for any commercial purpose. You agree that you will not engage in manipulative or fraudulent activity in connection with your purchase or use of the Crypto Domain.
Warranties, Disclaimers and Limitations of Liability
You represent and warrant that you (a) are at least eighteen (18) years of age, a resident of the eligible state in the United States and have the legal capacity to enter into and be bound by this Agreement, (b) that you will use and interact with your Crypto Domain only for lawful purposes and in accordance with this Agreement, and (c) that you will not use your Crypto Domain to violate any law, regulation or ordinance or any right of Binance.US, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. You further agree that you will comply with all applicable law.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN ANY TRANSACTIONS RESULTING FROM YOUR USE OF THE CRYPTO DOMAIN(S), INCLUDING FOR AN ERRONEOUS TRANSFER ISSUED TO THE WRONG CRYPTO DOMAIN OR THE USE OR IDENTIFICATION OF THE WRONG CRYPTO DOMAIN TO EFFECT A TRANSACTION OR FOR ANY DELAYS IN ANY TRANSFERS TO A CRYPTO DOMAIN DUE TO SYSTEM ISSUES OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ISSUING ANY REFUNDS OR REVERSING ANY TRANSACTION AS A RESULT OF SUCH ERRORS.
THE CRYPTO DOMAIN(S) ARE OFFERED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BINANCE.US EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BINANCE.US MAKES NO WARRANTY THAT THE CRYPTO DOMAIN(S) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BINANCE.US MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT RELATED TO THE CRYPTO DOMAIN(S). YOU ASSUME ALL RISKS FROM THE CRYPTO DOMAIN(S), INCLUDING ALL RISKS SPECIFIED IN THE BAM TRADING TERMS.
BINANCE.US WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF A CRYPTO DOMAIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) YOUR USER ERROR, INCLUDING, BUT NOT LIMITED TO, FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, INCORRECT OR UNAUTHORIZED PURCHASES, OR MISTYPED WALLET ADDRESSES OR MISTYPED CRYPTO DOMAIN(S); (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES OR CRYPTO DOMAIN(S); OR (IV) UNAUTHORIZED ACCESS TO YOUR CRYPTO DOMAIN(S) OR YOUR BINANCE.US ACCOUNT BY A THIRD PARTY.
You agree that you shall defend, indemnify and hold harmless Binance.US and its respective directors, officers, employees, licensors, content providers, agents, advisors, consultants and representatives, from any claim or action arising from: (i) your breach or alleged breach of these Terms, (ii) your ownership or use of the Crypto Domain(s) and any transactions that are transmitted through your Crypto Domain(s), (iii) the exercise of any rights granted in this Agreement; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use or interaction with the Crypto Domain; or (vi) any misrepresentation or omission made by you to Binance.US or any third parties in connection with your purchase or use of the Crypto Domain(s).
If you have any claims, causes of action, issues or complaints arising out of this Agreement or the Crypto Domain(s) (“Disputes”), you agree to first open a ticket with Customer Service at https://support.binance.us/hc/en-us/requests/new and work with Customer Service to resolve your issue. Most concerns may be resolved by contacting us in this manner. You agree to use best efforts to settle any Dispute directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration, without making any public display or disclosure of any such discussion or dispute. If Customer Service is unable to resolve your issue, please email your complaint to email@example.com.
If an agreed-upon solution is not reached within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or we may initiate a binding arbitration. If we cannot resolve your Dispute through the complaint process, you agree that the Dispute, including, but not limited to, legal and equitable claims, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory relating to the Dispute, shall be resolved through binding arbitration on an individual basis (except as specifically noted below). Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”). In agreeing to this binding commitment to arbitrate your claims, you agree that you waive any right to proceed in a court of law or to have your claims heard by a jury. The arbitration shall: (1) be conducted by a single, neutral arbitrator in the English language; (2) be held virtually and not in person for all proceedings related to the arbitration, except by mutual agreement of all parties; and (3) be limited to one deposition per party, except by mutual agreement of all parties or upon a showing of need. Furthermore, in cases where neither party’s claim(s) or counterclaim(s) exceed $25,000, both parties agree to waive an arbitration hearing and resolve the dispute solely through submissions of documents to the arbitrator. The AAA rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Without waiving or otherwise affecting the Class Action Waiver below, in the event that your claim(s) in an arbitration substantially implicate or relate to the rights of, or claims by, other Binance.US customers who have also initiated arbitration against Binance.US, you agree that Binance.US shall have the right, but not the obligation, to join or consolidate such arbitrations into a single arbitration, in Binance.US’ sole discretion.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required) (“Notice”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. The parties agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Binance.US may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Binance.US shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND BINANCE.US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU AND BINANCE.US EACH WAIVE THE RIGHT TO: (1) A JURY TRIAL; AND (2) PARTICIPATE IN A CLASS ACTION. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. THIS CLASS ACTION WAIVER IS SUBJECT TO AND DOES NOT IMPAIR OR IMPEDE BINANCE.US’ RIGHT TO CONSOLIDATE RELATED USER CLAIMS AS DESCRIBED ABOVE.
This Agreement shall be governed by and interpreted according to the laws of the State of California, without regard to any choice of laws or conflict of laws principles or rules that would result in the application of a different state jurisdiction’s laws. To the extent a Dispute is not subject to arbitration as set forth in Section 10 above, the parties agree that the exclusive jurisdiction for any dispute shall be a court of competent jurisdiction located in the State of California.
Amendments to this Agreement
We may modify this Agreement from time to time in which case we will update the “Last Revised” date at the top of this Agreement. If we make changes that materially impair your rights or materially modify your obligations, we will use reasonable efforts to attempt to notify you via email. However, it is your sole responsibility to review this Agreement from time to time to view any such changes. The updated Agreement will be effective as of the time of posting, or such later date as may be specified in the updated Agreement. If you do not agree to the changes, you may not continue to purchase or hold any Crypto Domain(s) on the Platform. By continuing to purchase or hold the Crypto Domain(s) on the Platform after any changes to these Crypto Domain Terms take effect or taking such other action as specified by Binance.US, you agree to be bound by those changes.
If you have questions or issues regarding a Crypto Domain or in connection with the Collection, please contact us at firstname.lastname@example.org or visit our support center at https://support.binance.us/hc/en-us and submit a request. Binance.US may offer limited support for the Crypto Domain and for a limited period of time, which is subject to change at our discretion.
This Agreement is the entire agreement of the parties with respect to Crypto Domain(s) and supersedes any other written or oral agreement The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. BAM Trading’s failure to enforce any term of this Agreement, including these Crypto Domain Terms will not constitute a waiver of that term or any other provision of this Agreement or these Crypto Domain Terms.
Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of this Agreement or these Crypto Domain Terms or any provision hereof.