Lealana Litecoins, Monero, and Bitcoins ("coins") are collectible pieces produced by Lealana LLC., a Hawaii limited liability company ("Company"), intended to serve as functional containers of digital virtual currency, as well as a demonstrable representation of digital virtual currency in tangible form or simply a proof of concept. Lealana Litecoins, Monero, and Bitcoins are not legal tender nor government currency.
"LEALANA" is a trademark of Company.
Company may modify these Terms without any notice.
Warranties and Disclaimers
Company warrants that it sells only authentic untampered coins containing Private Keys (as defined below) that each have only been used one single time in a single Coin. Company warrants and represents that each Lealana Litecoin, Monero, or Bitcoin which 1) indicates an amount of Litecoin, Monero, or Bitcoin virtual currency on its face ("Face Value"), 2) was properly purchased from Company in exchange for Litecoins, Monero, or Bitcoins, AND 3) was properly delivered to the original buyer (directly buying from Company), contains a cryptographic private key or functional equivalent thereof ("Private Key"), which can be used one time to transfer, reassign, or reappropriate the Face Value in Litecoin, Monero, or Bitcoin, depending upon if the coin is denominated in Bitcoins, Monero, or Litecoins AND has been funded with the respective amount of Bitcoins, Monero, or Litecoins DIRECTLY from the Buyer/Owner to the associated address of the coin purchased to match the face value of the coin. Company warrants and represents that Private Keys used in Coins sold directly by the Company have been produced, managed, and stored in a secure manner. Coins have been produced using equipment isolated from the Internet, using a secure random number generator, printed so as to only produce the single copy to be inserted within the Lealana Litecoin, Monero, or Bitcoin Product, with all excess overprints and other printing trash securely destroyed, and all digital copies securely destroyed. Company is unable to remove or deduct virtual currency from a Lealana Litecoin, Monero, or Bitcoin whose Private Key is not in the possession of Company.
Funding of Coins and "Money Transmitting"
To address the recent ruling by FinCEN within the United States of America concerning "money transmitting" being equivalent to accepting Bitcoins, Monero, and/or Litecoins DIRECTLY from buyers and using those coins to fund physical Lealana coins ordered, Company is no longer funding physical coins that are ordered. All sold physical LEALANA coins are now being sold unfunded or "BUYER-FUNDED" should the owner of a Lealana coin choose to fund the coin(s) they purchased. It is STRONGLY recommended that users of LEALANA coins put no more than the face value of the coin into the coin through the Bitcoin, Monero and Litecoin networks. All payments for physical Lealana Bitcoins, Monero, and Litecoins will continue to remain paid only via Bitcoins, Monero, or Litecoins.
Company makes no representations or warranties as to durability or indestructibility of Lealana "coins". Lealana "coins" can be destroyed by external forces including flood, fire, heat, chemicals, and excessive abrasion. Virtual funds stored within Lealana "coins" that are destroyed or stolen are permanently unrecoverable. If your Lealana Litecoin, Monero, or Bitcoin is lost, stolen or damaged, they cannot be replaced or re-issued. Company will not be responsible for any damage the Coins receive.
Tamper Resistance, Counterfeits
Company does not warrant and makes no representation that Lealana Litecoins, Monero, and Bitcoins are immune from tampering, and Company cannot test Coins against every mode of known and future tampering method or imaging technology (including but not limited to x-rays, ultrasound, magnetic resonance imaging, radiography, etc.). A Lealana Litecoin, Monero or Bitcoin is a collectible and not currency. Achieving absolute physical security is not the goal of Company, as it is a known impossibility that physical security to be absolute and "unhackable".
Company makes no representation or warranty that Lealana Litecoins, Monero, and Bitcoins are immune to tampering or extraction of the private key without visible evidence of tampering, and expressly disclaims liability related to the risk of such possibility, even if Company is advised of such a risk. Company warrants that any Lealana Litecoins, Monero, and Bitcoins sold directly by Company have not been subjected to outside tampering prior to delivery to the buyer.
Company makes no representation or warranty that Lealana Litecoins, Monero, and Bitcoins cannot be counterfeited. In addition, it is possible that Private Keys obtained from opened legitimate Lealana "coins" could be misappropriated by malicious third parties into counterfeit coins, and that the presence of a valid Private Key does not constitute evidence that such an item is genuine. However, Company warrants that all Lealana Litecoins, Monero, and Bitcoins sold directly by Company are genuine, unique, and that each Private Key has been used in no more than one Coin Product.
At the time of drafting of these Terms and Conditions, Company is unaware of any credible evidence suggesting that Lealana Litecoins, Monero, and Bitcoins are being counterfeited. Company agrees to post a notice on its website and/or blog indicating that it has credibly learned of and confirmed counterfeiting or similar activities within a reasonable time frame no shorter than 30 days if such is to occur, so long as Company remains in the business of producing and/or selling Lealana Litecoins, Monero, and Bitcoins.
It is the expectation of Company that other companies and individuals will potentially create physical virtual currency products resembling Lealana Litecoins, Monero, and Bitcoins and potentially using similar artwork, styles, and materials as Lealana "coins". Company deems only products misappropriating the Lealana trademark, or confusingly similar marks, as being counterfeits of Lealana Litecoins, Monero, and Bitcoins.
Orders, Delivery, Shipping, Insurance, Liability for Non-Delivery
ALL SALES ARE FINAL. NO RETURNS WILL BE ACCEPTED. All shipping is sent via USPS Registered mail (insured) delivery service. When Buyer has paid for Registered Mail delivery, Company agrees to replace a lost or destroyed shipment of Lealana Litecoins, Monero, or Bitcoins when it has been presented with written evidence/acknowledgment of loss or destruction while in the custody of the common carrier, AND when Company reasonably believes that the shipment was not delivered to Buyer. Payment of any customs taxes/fees/VAT that are due upon delivery to international customers is the responsibility of the buyer.
Company and Buyer each acknowledge that each Lealana Litecoin, Monero, and Bitcoin is initially created as an empty container for digital virtual currency, to which value is added later using each Coin's unique receiving address by the buyer and not Company (LEALANA, LLC.). These Terms and Conditions, and your relationship with Lealana under these Terms and Conditions, shall be governed by the laws of the State of Hawaii without regard to its conflict or choice of laws provisions. Any dispute with Lealana, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms and Conditions shall be resolved exclusively through the courts of Hawaii County, Hawaii except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Lealana may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Lealana is able to offer the Coins on the terms designated, and that your assent to this provision is an indispensable consideration to these Terms and Conditions. You alone assume the sole responsibility of evaluating the merits and risks associated with purchasing Coins. Coins are collectibles and not intended as investments. The value of Coins and Litecoins, Monero, and Bitcoins are subject to large fluctuations. You should always conduct your own research and obtain professional advice before making any decision. Company will not be liable for any loss or damage caused by an individual's reliance on information obtained from its website or any communication from its members, managers, employees or agents. No investment, legal or tax advice is given to you and you should consult your own licensed tax, legal or other advisors for such advice before you implement your financial decisions.
LEALANA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF ITS SITE OR THE COINS). THIS IS TRUE EVEN IF LEALANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LEALANA WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH LEALANA DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COINS OR THE LEALANA SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold Lealana and its affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, against us, that arise from your use or misuse of Coins and the Lealana site. If any portion of these Terms and Conditions are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions. All covenants, agreements, representations and warranties made in these Terms and Conditions, as may be amended by Lealana from time to time, shall survive your acceptance of these Terms and Conditions and the termination of these Terms and Conditions.