GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT
- 2.All interactions related to the Protocol are executed outside of the DAO's direct or indirect control.
3. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the use of the Website.
5. The following definitions and rules of interpretation apply in this Agreement:
USE OF THE WEBSITE AND USERS` ELIGIBILITY
6. The Website is for informational purposes only.
7. The Website is not part of any transaction on the blockchain networks underlying the Protocol; we do not have possession, custody, or control over any crypto assets appearing on the Protocol or any front-end website integrated with the Protocol; and we do not have possession, custody, or control over any user's funds. Further, we do not store, send, or receive any crypto assets. You understand that when you interact with any Protocol smart contracts, you always retain control over your crypto assets. We do not have access to your private keys.
8. The following restrictions and conditions apply to the use of the Website (as such terms defined below):
a. If you are an individual, You shall not access the Website if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements, and are fully able and legally capable to use the Website;
b. If you are an entity, you must have the legal authority to accept these Terms on the entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity.
c. You shall not use the Website if you are a citizen or resident of Afghanistan, Algeria, Bangladesh, Bolivia, Botswana, Burundi, Cambodia, Democratic Republic of Congo, Egypt, Ethiopia, Iran, Iraq, Lebanon, Lesotho, Liberia, Libya, Mali, North Korea, Pakistan, South Sudan, Sri Lanka, Sudan, Syria, United States of America, Puerto Rico, US Virgin Islands and other US Dependent Territories, Yemen, Zimbabwe and countries or territories or individuals under the sanctions of the United Nations or the European Union (the list is available at: https://eeas.europa.eu/Websites/eeas/files/restrictive_measures-2017-08-04.pdf) or countries where cryptocurrency is prohibited;
d. You shall not use the Website to engage in any illegal conduct, including but not limited to activities related to money laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Website to assist any other party in such illegal activity; reverse engineer or otherwise improperly access any of the Website’s underlying code or technical mechanisms; cause damage to the Website or the DAO through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website.
e. Notwithstanding the preceding, the DAO may refuse to provide access to the Website to any person for any reason or no reason whatsoever.
9. We reserve the right to disable or modify access to the Website at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Website or the Interface being inaccessible to you at any time or for any reason;
10. Except as expressly provided to the contrary in writing, access to the Website is provided on an "as is" and "as available" basis. We explicitly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of the Website, including the information, content, and materials contained therein.
11. The pricing information (if any) that may be provided on the Website does not represent an offer, a solicitation of an offer, or any advice regarding or recommendation to enter into a transaction with the DAO.
12. DAO does not act as a broker, advisor, or gambling operator for you.
LIMITATION OF LIABILITY
13. Except as otherwise required by law, in no event shall the DAO, its members, employees, or agents be liable for any special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website or the DAO`s materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from the Website, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Website's records.
14. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to specific users.
15. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DAO (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE EXCEED THE SUM OF 1000 USD.
16. You are solely responsible for using the Website or the Protocol, including all your transfers of cryptocurrencies or crypto assets.
17. To the fullest, not prohibited by applicable law, we owe no fiduciary duties or liabilities to you or any other party. To the extent any such obligations or liabilities may exist at law or in equity, you, at this moment, irrevocably disclaim, waive, and eliminate those duties and liabilities.
18. We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so. If you experience a problem with any transactions in digital assets using the Site or the Interface, you bear the entire risk.
19. The DAO is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God, or the state’s enemies; lawful acts of public authorities; any actions that are regarded as Force Majeure in legal practice.
LIMITED RIGHT OF USE
21. You agree that you will not, under any circumstances:
b) Use the Website intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
c) Use exploits, automation software, or any unauthorized third-party software designed to modify or interfere with the Website;
d) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Website (each a “Server”);
e) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Website, or other attempts to disrupt the Website; or
f) Attempt to gain unauthorized access to the Website, Servers, or networks connected to the Website by any means other than the user interface provided by the DAO, including, but not limited to, circumventing or modifying, attempting to avoid or change, or encouraging or assisting any other person in circumventing or modifying, any security, technology, device, or software that is part of the Website;
h) Use, facilitate, create, or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates or attempts to emulate any part of the Website; or (2) any connection using programs, tools, or software not expressly approved by the DAO;
i) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website or to obtain any information from the Website using any method not expressly permitted by the DAO; or
l) Publicly disseminate information (correspondence in whole or part) from communication with the technical support team.
m) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to gain access to the Website or for any other purposes.
22. You, at this moment, expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets, and all other related proprietary rights in this Website, are vested in the DAO and/or its licensors. The DAO and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the website content except as expressly authorized herein. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including distribution, reproduction, modification, display, or transmission without the prior written consent of the DAO, is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
23. The DAO, at this moment, disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names, or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third-Party Materials are the properties of their respective owners. The DAO disclaims any proprietary interests in intellectual property rights other than its own.
APPLICABLE LAW AND DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US, AND IT LIMITS HOW YOU CAN SEEK RELIEF.
24. This Agreement shall be governed, construed, and enforced by the law of Seychelles.
25. The Parties will tend to resolve all disputes, differences, and claims arising from the Agreement's execution, termination, or cancellation using negotiations. The Party with some claims should notify the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a share to the other Party. The party receiving the claim must respond in writing within 10 (ten) days from the date of receipt.
26. Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by the courts of Seychelles.
29. Suppose any term, provision, covenant, or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable. In that case, the remainder of the Agreement, provisions, covenants, and restrictions herein shall remain in full force and effect. It shall in no way be affected, impaired, or invalidated. The parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant, or restriction. It is at this moment stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants, and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void, or unenforceable.
31. Despite all the security measures implemented by the DAO, the User acknowledges that there are certain risks of the DAO being attacked by electronic means to obtain private information and that the DAO cannot guarantee complete protection.
TERM AND TERMINATION
33. The DAO reserves the right to stop offering and/or supporting the Website or part of the Website at any time, either permanently or temporarily. At this point, your license to use the Website or a portion thereof will be automatically terminated or suspended.
34. UPON TERMINATION OF THIS AGREEMENT, YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE.