Terms of Service

Last updated: January 18, 2022

Blueboard International AG offers a number of different services through its websites and software applications. The terms of this document govern your use of those services. Please read this document carefully.

1. This is a contract. These Terms of Service (“Terms”), along with Blueboard’s Privacy Statement, form a legally binding contract between you and Blueboard International AG (“Blueboard” and “we,” “us”, or “our”). By using the Services (as defined below), you are agreeing to be legally bound by these Terms. If you don’t agree with these Terms, you must discontinue using the Services. As used in these Terms, the word “Services” applies to online services provided to you by Blueboard through its websites, applications, and/or APIs, including:

   a. a crypto wallet service;

   b. a marketplace service; and

   c. such other and additional services as we may offer from time to time.

2. Privacy. Your access to the Services are subject to Blueboard’s privacy and data security practices. You can always read about how we collect and use data by visiting our Privacy Statement.

3. Keep your account secure. You are responsible for all matters relating to your accounts including any third party Opera Account, blockchain accounts or wallet addresses through which you interact with the Services, and for ensuring that all uses thereof comply fully with these Terms. You are responsible for protecting the confidentiality of the login information, passwords, and/or private keys for the accounts through which you interact with our Services.

4. We expect you to be a responsible user. You agree to be a responsible user, to respect the rights of others and not to use the Services for any purpose that is unlawful or prohibited by these Terms. In particular, you represent, warrant, and agree NOT to:

   a. violate any applicable local, national, or international laws and regulations when using the Services;

   b. employ any device, scheme or artifice to defraud, or otherwise materially mislead, Blueboard or its affiliates or other users of the Services, including by impersonating or assuming any false identity;

   c. violate, breach or fail to comply with any applicable provision of these Terms or any other terms of service, privacy policy, trading policy or other contract governing the use of any the Services;

   d. not to engage or attempt to engage in or assist any hack of or attack on the Services, Blueboard, its affiliates or other users of the Services; or

   e. use the Services in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless you either own or control the rights thereto or have received all necessary consents.

5. The Services are not available in all countries. The Services are made available to users in qualifying countries and are void where prohibited. In particular, we do not offer or make available any crypto-related services to users located in the People’s Republic of China. You agree not to use or attempt to use the Services where prohibited under applicable laws or regulations in your country.

6. You must take responsibility for any damages you cause. You agree to indemnify and hold Blueboard, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Services.

7. The Services are provided without any warranties or guarantees. Blueboard does not guarantee that your use of the Services will be problem free. Although we work hard to provide the highest quality software and services, we cannot and do not guarantee that they will work perfectly every time or in every respect. That is to say, the Services are provided “as is” without warranties of any kind. Blueboard and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Blueboard does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. In compliance with local law, certain Services and websites may not be available in some countries.

8. Certain functionality is provided by third parties. Some functionality accessible through the Services is provided by other companies, including in some cases Opera group affiliates of Blueboard (“Third Party Services”). Third Party Services may be subject to separate terms and conditions. Blueboard has no control over and no responsibility for Third Party Services. Inclusion of, linking to, or permitting the use or installation of any Third Party Services does not imply approval or endorsement thereof by Opera or Blueboard.

9. Your access to the Services is subject to change. Blueboard reserves the right at any time to modify or discontinue the Services in whole or in part, and to terminate your access to the Services at any time, with or without notice. You agree that Blueboard shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Blueboard reserves the right to assign its rights and responsibilities under these Terms to any third party.

10. Blueboard is not responsible for any damages you may incur as a result of your use of the Services. In no event shall Blueboard or its affiliates and suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide any Services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if Blueboard or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every instance. If you are dissatisfied with any portion of the Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Services and related websites.

11. We need you to respect trademarks. The TRADEN word mark and stylized “T” logo belong to us, and we reserve all rights thereto. The OPERA word mark and the “Opera” and “O” logos are registered trademarks of Blueboard’s affiliate, Opera Norway AS, in Norway, the European Union and other countries or regions. All rights are reserved by Opera Norway AS. All other trademarks appearing in the Services are the property of their respective owners.

12. These Terms are based on Irish law. These Terms are governed by and construed in accordance with the laws of Ireland without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. All actions or proceedings arising under or related to these Terms must be brought in the courts located in Dublin, and each party hereby agree to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall not be affected or impaired thereby.

13. Blueboard may modify these Terms. Blueboard may update these Terms from time to time. The current version of these Terms is posted here. It is your responsibility to remain informed of any changes because you are legally obligated to abide by the latest versions of these Terms. You may not assign or transfer your rights under these Terms without obtaining Blueboard’s prior written consent, and any purported assignment or transfer in violation of this section will be null and void.

14. Notice to rights holders. If you believe that any content accessible via the Services infringes your rights, you may submit a notification to Blueboard in which you provide the following information: (a) identification of the rights/works that are being infringed upon; (b) identification of the content that is infringing your rights (including URL(s) for the content); (c) your name, address, telephone number, and electronic mail address; (d) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the rights holder, its agent, or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed. Notices may be sent to copyright@opera.com.

Service Specific Terms

Crypto Wallet Service

The Crypto Wallet Service provides a self-hosted, user-controlled solution for blockchain networks and cryptographically secured digital assets (“Crypto Assets”). While commonly referred to as a “wallet”, it is important for you to understand that, unlike cash in a physical wallet, Crypto Assets are not stored in the wallet.

Our wallet Service stores a key pair (an address or public key, as well as an encrypted private key). The key pair enables you to communicate with blockchain networks through our wallet Service and without requiring you to download or install additional software to your device. Any Crypto Asset, however, is stored, sent and received by and within the relevant blockchain network. The wallet Service facilitates your communications with and use of these blockchain networks.

Blockchain networks are peer-to-peer networks supported by third parties. In order to be completed, all proposed transactions must be confirmed and recorded in the Crypto Asset’s associated network. We have no control over the blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit will be confirmed and processed, or that this will occur in a timely manner. You should carefully assess the Ethereum Networks and Crypto Assets with which you choose to transact.

In addition to the main body of these Terms, use of our wallet Service is subject to the following additional service specific requirements:

1. Create or Import a Wallet. To use this Service, you must either import an existing wallet or create a new wallet. If you create a new wallet, you will be assigned a key pair consisting of a public key (or address) for your wallet, as well as an encrypted private key. You will also be assigned a human readable, mnemonic passphrase (“Backup Phrase”) for use in accessing your encrypted private key.

2. Write Down Your Backup Phrase. When creating a new wallet, you will be prompted to write down your Backup Phrase. Your wallet does not receive or store your Backup Phrase. Neither your key pair nor the Backup Phrase is available to us. We cannot, therefore, assist you with key pair or Backup Phrase retrieval. We cannot generate a new Backup Phrase for your wallet. You accept and acknowledge that any Crypto Asset you have associated with your wallet address will become inaccessible if you do not have your Backup Phrase. We also strongly encourage users to take a backup of their Backup Phrase as well as their key pair on an external medium.

3. Keep Your Backup Phrase Secure. The Backup Phrase can be used to unlock your encrypted private key, which is stored in a separate file on your device. The private key is connected to your wallet’s public address and, together, they can be used to authorize the transfer of Crypto Assets to and from that address. You are responsible for maintaining the confidentiality of your Backup Phrase and will be fully responsible for any and all activities that occur using such Backup Phrase.

4. You are Responsible for Managing Your Crypto Assets. Once transaction details have been submitted to a blockchain network it is not possible to cancel or otherwise modify your transaction. We have no control over any blockchain network, and we do not have the ability to facilitate any cancellation or modification request. You must ensure that you have adequate Crypto Assets associated with your wallet address before initiating a transaction.

5. You Must Comply With the Law. You can only use our wallet Service if permitted under the laws of your jurisdiction. Please make sure that your use of the wallet Service is in compliance with all laws, rules, and regulations that apply to you. It is your responsibility to determine what, if any, taxes apply to your Crypto Asset transactions, and it is your responsibility to report and remit the correct tax to the appropriate tax authority where applicable. We are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any of your transactions.

Traden Marketplace Service

The Traden Marketplace Service is a website and platform for the purchase and sale of crypto assets called non-fungible tokens (“NFTs”). Newly created NFTs are initially offered for sale and delivered by Blueboard and may thereafter be traded on a peer-to-peer basis. Each NFT is associated with an item of unique digital content (“Digital Content”). This association is accomplished by means of the placement of a software program, commonly referred to as a “smart contract”, on an Ethereum compatible blockchain network. The smart contract for an NFT governs the creation, buying, selling, and transferring of such NFT. A unique URL linking to the Digital Content is included in each NFT’s associated smart contract. The holder of the NFT can then be said to own some usage right to the associated Digital Content located at the linked URL.

As described in greater detail below, however, there are substantial uncertainties related to the continued availability or value of any NFT. You are specifically cautioned that the NFTs offered via the Service should not be considered to constitute any form of investment, nor to be likely to increase in value or hold value over time. Rather, the marketplace Service is an accessible introduction to crypto technologies offered as an enjoyable means with which to engage with the Digital Content offered by your favorite influencers, streamers, e-sports personalities, and digital artists.

In addition to the main body of these Terms, use of our marketplace Service is subject to the following additional service specific requirements:

1. You must create an Opera account. Use of the Services to purchase an NFT requires that you create and log into an account with our affiliate Opera Norway AS (“Opera Account”). Creation and use of the Opera Account is subject to Opera Norway AS’s terms and privacy statement governing such accounts.

2. NFTs are a collaboration between Blueboard and Content Providers. Each NFT is created by means of a collaboration between Blueboard and the third-party content provider that owns the associated item of Digital Content (“Content Provider”). The Content Provider appoints Blueboard to create (sometimes referred to as “minting”) the NFT as an ERC-1155 token and to associate that token with the Content Provider’s Digital Content. Likewise, the Content Provider appoints Blueboard to host the associated Digital Content and to conduct an initial sale of the NFT on the Traden Marketplace. While the NFT is minted and initially offered for sale by Blueboard, the underlying item of Digital Content associated with the NFT is provided by the Content Provider and may contain branding elements or other intellectual property of the Content Provider. Blueboard has no responsibility for the Digital Content associated with the NFTs traded on the marketplace Service. Blueboard does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any Digital Content. That is to say, the Content Provider may not own the Digital Content and the Digital Content may not have any value.

3. Like the Digital Content, any fan benefits are provided by the Content Provider. Content Providers may choose to provide certain additional rights, such as special access rights or acknowledgments, to the loyal fans who purchase their NFTs (“Fan Benefits”). The Fan Benefits offered by each Content Provider are described on the Traden marketplace and provided directly to you by the Content Provider. Blueboard has no responsibility for or control of Content Providers’ Fan Benefits.

4. NFTs are subject to substantial legal uncertainty. There cannot be any guarantee or assurance that the purchase or holding of an NFT associated with an instance of Digital Content confers any license to or ownership of the Digital Content or other intellectual property associated with the Digital Content or any other right or entitlement, notwithstanding that you may rightfully own or possess the NFT associated with the Digital Content. Ownership of an NFT does not convey the copyright in the Digital Content. The NFT may possibly be considered subject to something analogous to a “first-sale doctrine.” That is to say, once the NFT is sold, the Content Owner’s interest in the copy of the Digital Content located at the URL contained in the associated smart contract could possibly be considered to have been exhausted, and therefore the owner of the NFT should be entitled to then resell the NFT. However, as the owner of an NFT, you would not be entitled to make any additional copies of the Digital Content or exploit the Digital Content in any way not authorized by the Content Owner, because the copyright owner’s exclusive reproduction or other rights are not limited. Regardless, it is important for you to understand that there is substantial legal uncertainty with respect to what rights in the Digital Content, if any, are conveyed by ownership of an NFT, which may mean that the NFT does not convey any rights.

5. An NFT may not be unique. NFTs are intended to be “non-fungible” tokens representing a specific instance of Digital Content. Certain NFTs may, however, be fungible with one another (i.e., where all such NFTs are associated with the same Digital Content) while being non-fungible with other NFTs. That is to say, multiple NFTs may be sold associated with the same Digital Content and there can be no guarantee or assurance of the uniqueness, originality or quality of any Digital Content.

6. Blockchain transactions are irreversible. The NFT smart contracts are deployed to a blockchain network and will run as programmed. You acknowledge that, once deployed, the smart contracts generally cannot be deleted, and interactions are irreversible.

7. Digital Assets may not always be available. Decentralized file storage of Digital Content is not currently supported by the marketplace Service. Each instance of Digital Content will be hosted by Blueboard or its suppliers and Blueboard reserves the right to discontinue hosting in Blueboard’s sole discretion. Blueboard may from time to time remove certain Digital Content in its sole and absolute discretion, including in connection with any belief by Blueboard that such Digital Content violates these Terms or a third parties’ rights. This means that the Digital Assets will not always be available at the URL linked from the NFT’s smart contract. Blueboard is not and shall not be liable for any failure to host, display or offer or continue to host, display or offer any Digital Content.

8. Marketplace purchases are initially recorded off-blockchain. Each change in ownership of an NFT that is recorded on the blockchain incurs a network fee (commonly referred to as “gas”), which fee varies based on the market conditions on the applicable Ethereum compatible blockchain network. The gas fee is charged in the applicable crypto currency by the third parties, commonly referred to as “miners”, who record transactions. The NFTs offered on the marketplace will be minted on the Polygon blockchain, an Ethereum compatible side chain which provides a bridge for transferring assets to other Ethereum compatible blockchain networks. In the interest of making the marketplace Service as accessible as possible, and also reducing gas fees, the NFTs will be minted and held in a centralized marketplace wallet with ownership recorded in an internal, off-blockchain ledger （“Traden Ledger”）. Holders of an NFT who wish to transfer such NFT to their own compatible wallet, or sell such NFT to another user, however, may do so, although such a transfer and all subsequent transfers would then incur the applicable gas fee imposed by the relevant Ethereum compatible blockchain network.

9. Purchases and sales will incur various fees. Buying, selling or transferring NFTs is subject to various fees and transaction costs (“Fees”). Certain Fees may be payable in a national currency such as Euro or United States Dollars, commonly referred to as “fiat”, while others are payable in cryptocurrencies such as Matic or Ether. The applicable Content Provider (or Blueboard on its behalf) establishes the initial sales price for each NFT denominated in fiat or a crypto currency. Blueboard also charges a service fee on secondary sales of the NFTs facilitated by the marketplace Service, which service fee is set in Blueboard’s sole discretion. A transfer from the marketplace’s centralized wallet to your own third-party wallet application, or a secondary sale of the NFT, incurs a gas fee payable to the Polygon blockchain network. Payment of gas is handled by the acquirer of the NFT through the acquirer’s independent wallet application. Blockchain interactions, including NFT purchases, are generally irreversible and as such all transactions are final. All Fees are non-refundable except when prohibited by law or provided herein. The Traden marketplace customer service may be reached at service@traden.pro.

10. Chargebacks when initial sales are denominated in fiat. With respect to the initial sale of newly minted NFTs, Blueboard acts as the merchant and may, if so directed or permitted by the Content Provider, denominate the sales price in fiat currency. For sales in fiat currency Blueboard will accept card payments and may, therefore, be liable to return the purchase price and/or pay certain fees in the event the cardholder initiates a chargeback via his or her issuer bank. Purchasers of an NFT who have made payment in fiat may, therefore, be subject in Blueboard’s sole discretion to a mandatory holding period prior to transferring their NFT in a secondary sale or from the Traden Ledger to the purchaser’s own compatible crypto wallet. In the event of a chargeback, Blueboard reserves the right to terminate the user’s ownership of the NFT as recorded in the Traden Ledger.

11. Auctions. Some newly minted NFTs may be auctioned by Blueboard to the highest bidder. When the auction is denominated in a crypto currency, you must hold such currency to participate in the auction. If you choose to participate in an auction by placing a bid, you accept the auction rules on the auction web page for the item you bid on. By placing a bid, you agree that you are submitting a binding and irrevocable offer to purchase such NFT.

12. Purchasing of cryptocurrencies is a service provided by third parties. To make purchases denominated in a crypto currency or to pay a service or gas fee denominated in a crypto currency, you must hold such crypto currency. For your convenience, the Service includes links to one or more third party providers of crypto currency acquisition services. Such services are offered pursuant to such third party’s own terms and conditions, which you should review carefully.