Terms of Use
Last Modified: December 24, 2024
Acceptance of the Terms of Use
These terms of use (“Terms of Use”) are entered into by and between you (“you” or “User”) andDigvaluable Ltd. (“Company,” “we,” or “us”). These Terms of Use set forth legally bindingterms and conditions between you and the Company that govern your access to and use of thewebsite located at https://ssi.sosovalue.com/, including any content, functionality and servicesoffered thereon (collectively, the “Website”), whether you access and/or use the Website with orwithout an Account (as defined below).
Please read the Terms of Use carefully before you start to use the Website. By accessing and/orusing the Website or by clicking to accept or agree to the Terms of Use when this option ismade available to you, you accept and agree to be bound and abide by these Terms of Useon behalf of yourself and any entity you represent, and you represent and warrant that youhave the right and authority to do so. If you do not agree to these Terms of Use, you must notaccess or use the Website.
This Website is offered and available only to individuals who are at least 18 years of age or theage of majority in their jurisdiction of residence, whichever is greater, and possess full legalcapacity to enter into binding contracts whether for himself/herself or for entities which theyrepresent. This Website is not intended for (a) access and/or use by Excluded Persons (as definedbelow); or (b) access and/or use by any person or entity in, or accessing or using the Websitefrom, an Excluded Jurisdiction (as defined below). By accessing and/or using this Website, yourepresent and warrant that you meet all of the foregoing eligibility requirements. If you do notmeet all of these requirements, you must not access or use the Website.
Scope of Services and Protocol Usage
1.The Website has been developed by the Company with functions (“Website Functions”)that facilitate access and/or use of the Protocol (as defined at Paragraph 2) and Third-Party Protocols (as defined at Paragraph 2) to undertake any one or more of the followingactivities (“Facilitated Activities”):
(a)SSI Token Swaps: Providing an interface that displays data for the purpose offacilitating Users’ swaps (“SSI Token Swaps”) of: (1) index tokens eachrepresenting a basket of underlying cryptographic tokens, collectively known as“SSI” tokens (“SSI Tokens”); and (2) digital assets supported by Uniswap (asdefined below) (such digital assets, “Uniswap Supported Tokens”), via theUniswap protocol as described at https://docs.uniswap.org/concepts/uniswap-protocol) (“Uniswap”) (being a Third-Party Protocol (as defined below)accessible via the Website), subject to such terms and conditions applicable tousers of Uniswap as may be imposed by Uniswap from time to time.
(i)Any SSI Token Swaps carried out by User is carried out on a peer-to-peer basis through Uniswap liquidity pool smart contracts. Before a SSIToken Swap can be effected, User will first be required to connect a1 Protocol-compatible third-party digital wallet (“Wallet”) to the Website,to be used in connection with such SSI Token Swap
(ii)A User accessing and/or using the Website to initiate and effect SSIToken Swaps is deemed to have read and understood, and acknowledgesand accepts, all risks relating to SSI Token Swaps as may be set out inthese Terms of Use, any inherent smart contract risks and securityvulnerability risks pertaining to smart contracts maintained byindependent third parties and all fees relating to SSI Token Swaps,including, in particular, transaction fees and other fees as may bedetermined by Uniswap and applicable to SSI Token Swaps (“Uniswap-Related Fees”).
(iii)The Company and its Affiliates do not control or oversee Third-PartyProtocols (as defined below which includes the Uniswap smart contracts)or third-party systems (such as Wallets) and shall have no responsibilityfor any loss occasioned to any User in connection with the use of suchThird-Party Protocols (as defined below or such third-party systems),who shall have no claim against the Company and its Affiliates in respectthereof.For purposes of these Terms of Use, “Affiliates” of an entity means theowners, directors, officers, employees, advisors, agents of such entityand companies in which such entity has an interest;
(b)Portfolio:
(i)A User may access and use the Website to view such User’s SSI Tokenholdings (“Portfolio”). The Website merely aggregates and displaysblockchain data for Users’ convenience.
(ii)A User accessing and/or using the Website to view such User’s Portfoliois deemed to have read and understood, and acknowledges and accepts,all risks and disclaimers relating to the use of the Website as may be setout in these Terms of Use, including, in particular, the provisions set outin Paragraph 49 below.
2.The Website Functions:
(a) facilitate Users to access and/or use smart contracts comprising computer codewritten based on various blockchain standards and programming languages (the“Protocol”) developed by the Company and/or its Affiliates;
(b) facilitate Users’ access and/or use of decentralised applications and protocolsdeveloped and deployed by third parties and supported by the Website(collectively “Third-Party Protocols”) and;
(c)display for Users’ viewing, information and/or data (“Third-Party Data”)provided by other Users and/or third parties in relation to Third-Party Protocols.2
3.You are hereby granted a non-exclusive, non-transferable, revocable, limited licence toelectronically access and use the Website in the manner described in these Terms of Use.You do not have the right, and nothing in these Terms of Use shall be construed asgranting you the right, to sub-license any rights in connection with the access and/or useof the Website. The Company may revoke or terminate this licence at any time if you use,or attempt to use, the Website in a manner prohibited by these Terms of Use, or if yourrights under these Terms of Use are terminated pursuant to the “Monitoring andEnforcement; Termination” section of these Terms of Use.
Independent Nature of the Protocol, Third-Party Protocols and Third-Party Data
4.Interactions with the Protocol and Third-Party Protocols occur entirely on decentralisedblockchain networks and are subject to the inherent risks and limitations of blockchaintechnology. All transactions carried out by you using the Protocol and/or Third-PartyProtocols are effected and recorded solely through your interactions with the respectivevalidators of the blockchain networks on which such transactions are conducted, and arenot under the control of or affiliated with the Company and/or its Affiliates.
5.The Third-Party Protocols and Third-Party Data are not provided or controlled by theCompany and are separate from the Website. The Company does not maintain or operatethe Third-Party Protocols or their underlying blockchain infrastructure and the Companyalso does not provide or verify any Third-Party Data, and the Company makes noguarantees regarding the availability, security, performance, accuracy and/or reliability ofThird-Party Protocols and Third-Party Data. 6.By using the Website or interacting with the Protocol or Third-Party Protocols andviewing/relying on Third-Party Data, you acknowledge and accept that such activities areperformed at your own risk, and you accept and agree to the following:
(a)Protocol: To interact with the Protocol, you will be required to connect a Wallet.By connecting your Wallet to the Website, you agree that:
(i)These Wallets are provided by third parties and are not operated,maintained, or controlled by the Company and/or its Affiliates.
(ii)You are solely responsible for safeguarding your Wallet credentials (e.g.,private keys, seed phrases) and ensuring their security. The Companydoes not have access to or control over your Wallet, private keys, seedphrases, or digital assets and cannot assist in recovering lost access toWallets or assets.
(iii)Transactions executed via these Wallets are conducted on third partydecentralised networks. All transaction fees and gas fees are determinedby the blockchain network on which such transactions are executed andare your responsibility to pay.
(iv)When you use your Wallet to execute transactions or interact withblockchain protocols, all actions are performed on a public, decentralisednetwork, and the Company does not control or oversee such actions, and3 the Company does not have the ability to reverse or recover transactions.The Company is not liable for any issues or losses arising from failedtransactions, errors, or vulnerabilities in blockchain protocols or yourWallet provider.
(v)You agree to the terms and conditions of the applicable third-partyWallet provider. The Company is not responsible for any breaches,errors, or issues caused by third-party Wallet providers. Youacknowledge the inherent risks of using wallets and interacting withdecentralised blockchain protocols, including theft, hacking, and loss ofprivate keys. You are solely responsible for understanding and managingthese risks. The use of blockchain technology and Wallets may besubject to regulatory and legal uncertainty in some jurisdictions.
(vi)Nothing in these Terms of Use shall be construed as, and the Companydoes not purport to provide to you in any way, any investment advice orrecommendation. You acknowledge and agree with the provisions ofParagraph 8 below.
(b)Third-Party Protocols & Third-Party Data:
(i)The Website is an interface that may display Third-Party Data orfacilitate Users’ access and/or use of Third-Party Protocols. Third-PartyProtocols are developed, maintained and/or offered by, and Third-PartyData is provided by, parties independent of the Company and/or itsAffiliates and over whom the Company and/or its Affiliates have nocontrol or influence. Accordingly, the Company disclaims liability forany issues, disruptions, or vulnerabilities arising from Users’ accessand/or use of and/or reliance on Third-Party Protocols and Third-PartyData.
Key Disclaimers and Risk Warnings
7.NO WARRANTIES
The Website, Website Functions and the Protocol are provided “AS IS” and “ASAVAILABLE” without warranties of any kind, express or implied. The Companydisclaims all warranties, whether express or implied, statutory or otherwise, including butnot limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Website will be error-free, uninterrupted, or freeof viruses or other harmful components.
8.NO FINANCIAL ADVICE
The information provided on or through the Website is for informational purposes onlyand does not constitute financial, investment, tax, or legal advice. The Company does notact as a financial advisor, broker, intermediary or agent, and has no fiduciary relationshipor obligation to you in connection with your access and/or use of the Website and/or anyWebsite Functions, and/or in connection with Facilitated Activities that you engage in.
We do not make any endorsements or recommendations to you of any kind or opine onthe merits of any transaction or opportunity. Any decisions you make based on theinformation available on the Website are made at your own risk.Before utilisinginformation from the Website (including any draft transaction messages) to engage intransactions, you must independently verify the accuracy of such information (and theconsistency of such draft transaction messages with your intentions). Users shouldindependently evaluate and consult with qualified professionals regarding their individualcircumstances prior to accessing and/or using the Website and/or any Website Functionsor prior to engaging in Facilitated Activities.
9.ASSUMPTION OF RISKS
By using the Website, you acknowledge and accept the following inherent risksassociated with digital assets, blockchain technology, and decentralised protocols:
(a)Market Volatility: Digital assets are subject to extreme market volatility. Pricesmay fluctuate significantly within short periods, potentially resulting in acomplete loss of value. You understand and accept that the value of digital assetsmay be influenced by factors including, but not limited to, market demand,regulatory actions, technological developments, and broader economicconditions. The Company makes no guarantee as to the price or value of anydigital asset on any secondary market including any SSI Token you may acquirethrough your engagement in Facilitated Activities.
(b)Unauthorised Access: Digital assets and wallets are vulnerable to security risks,including hacking, phishing attacks, malware, and unauthorized access.Unauthorised parties may exploit vulnerabilities in software, networks, orpersonal devices to gain access to your wallet credentials or digital assets. Usersbear the sole responsibility for securing their wallets and associated credentials,such as private keys, seed phrases, and passwords. You understand that anyonewho obtains your private keys and access to your device may access your digitalwallets (including your Wallets) controlled with those private keys via theWebsite with or without your authorisation and may transfer out any digitalassets from the blockchain address associated with such digital wallets.
(c)Blockchain Irreversibility: Transactions executed on decentralised blockchainnetworks are final and cannot be modified, reversed, or canceled. Once aninstruction, signed by the required private key(s), to transfer a digital asset fromone blockchain address to another has been executed, it cannot be undone. Errorsin transaction details, such as incorrect wallet addresses or amounts, may result inthe permanent loss of funds. Users are responsible for carefully reviewing alltransaction details prior to confirmation.
(d)Third-Party Failures: The functionality of the Website depends on third-partysystems, including Wallet providers, blockchain networks, and integrationservices. Failures or disruptions in these systems, such as outages, delays, bugs,or insolvencies, whether resulting in a fork of a blockchain network or otherwise,or errors or vulnerabilities in the smart contract code associated with thesesystems, may impact your ability to access your digital assets or completetransactions and/or result in loss of value with respect to your digital assets. The Company does not control or oversee these third-party systems and disclaimsliability for any related losses or damages.
By using the Website, you acknowledge and accept the following potential risksassociated with access and/or use of the Website (including any content, functionality andservices offered thereon):
(e)Loss of value associated with pooling of digital assets (including but not limitedto ‘impermanent losses’ and other factors causing a diminution of market valueor loss of market value of your digital assets).
(f)Regulatory restriction or prohibition on decentralised finance (DeFi) activitiesincluding adverse actions taken against DeFi platform users and operators.
(g)Risks associated with hacks, exploits, malfunctions or misuse of smart contracts,oracles, and/or composable DeFi protocols resulting in restriction or loss ofdigital assets. Like all software, the Website may be subject to exploits. TheCompany is not responsible for exploits of any kind. While the Company hastaken a number of precautions to ensure the security of the Website, thetechnology is relatively new, and it is not possible to guarantee that the web-based system is completely free from bugs or errors. Users accept all risks thatarise from access and/or use of the Website, including, and not limited to, the riskof any digital assets being lost due to a failure, malfunction or exploit of theWebsite.
(h)Support for your access and/or use of the Website and/or Website Functionsand/or for your engaging in Facilitated Activities may be modified ordiscontinued at any time, and the Company reserves the right, at any time, in itssole discretion, to modify the Website.
(i)Decentralised blockchain networks may charge a fee for engaging in atransaction on the applicable network. Those network transaction fees fluctuateover time depending on a variety of factors. You are solely responsible forpaying network transaction fees associated with any Facilitated Activity youengage in by accessing and/or using the Website and/or Website Functions. Youare also solely responsible for any other third-party fees that may be incurred inconnection with your access and/or use of the Website and/or Website Functions.
10.USER RESPONSIBILITY
By using the Website, you agree to the following responsibilities to ensure the secure andlawful use of the services:
(a)Safeguarding Access Credentials: Users are solely responsible for thesafekeeping and confidentiality of all wallet credentials, including private keys,seed phrases, and passwords. Loss or exposure of these credentials may result inunauthorised access to your wallet and the irreversible loss of digital assets. TheCompany is not able to assist in recovering lost Wallet credentials and/or digitalassets.
(b)Compliance with Laws: Users must comply with all applicable local, national,and international laws and regulations governing the use of digital assets,blockchain technology, and related services. Users are responsible fordetermining the legality of accessing and using the Website in their jurisdiction.The Company disclaims all liability for any violation of local laws by Users.
(c)Due Diligence: Users are expected to conduct thorough research and exercisecaution when engaging in activities involving digital assets. You understand thatrelying solely on information provided through the Website or external sourceswithout conducting your own due diligence increases your risk exposure.
(d)Secure Transactions: Before initiating any transaction, Users must verify theaccuracy of all details, including wallet addresses and transaction amounts.
(e)Third-Party Interactions: When using third-party services integrated with theWebsite, such as wallet providers or decentralised applications, Users mustadhere to the terms of use of those third parties. The Company disclaims allresponsibility for interactions or disputes arising between Users and such thirdparties arising in connection with user of such third-party services.
11.ACKNOWLEDGEMENT OF RISKS, WAIVER AND RELEASE OF LIABILITY
By using the Website, you expressly acknowledge and accept the risks outlined aboveand waive all rights, claims and/or causes of action (present or future) under law(including any tortious claims) or contract against the Company and its Affiliates inconnection with your access and/or use of the Website and/or any Website Functionsand/or your engaging in Facilitated Activities.
You further release the Company and its affiliates from any liability for any direct,indirect, special, incidental, consequential or other losses of any kind, in tort, contract orotherwise (including but not limited to loss of fund, asset, revenue, income or profits, andloss of use or data), arising out of or in connection with your access and/or use of theWebsite and/or any Website Functions and/or your engaging in Facilitated Activities.
These provisions apply to the maximum extent permitted by applicable law. If anyportion of this section is deemed unenforceable, the remainder shall remain in full forceand effect.
Changes to the Terms of Use
12.We reserve the right to revise and update these Terms of Use from time to time in oursole discretion. All changes are effective immediately when we post them.
Your continued access and/or use of the Website following the posting of the revisedTerms of Use means that you acknowledge the changes and accept and agree to be boundby the terms and conditions of the changes. You are expected to check this page fromtime to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
13.We reserve the right to withdraw or amend this Website, and any service or material weprovide on the Website, in our sole discretion without notice. We will not be liable if forany reason all or any part of the Website is unavailable at any time or for any period.From time to time, we may restrict access to some parts of the Website, or the entireWebsite, to Users, including Users accessing the Website using Accounts (as definedbelow).
14.You are responsible for both:
(a)making all arrangements necessary for you to have access to the Website; and
(b)ensuring that all persons who access the Website through your internetconnection are aware of these Terms of Use and comply with them.
15.To access the Website (including any content, functionality and services offered thereon),you may be asked to provide certain registration details or other information and to createa user account issued by the Company (“Account”). It is a condition of your use of theWebsite that all the information you provide on the Website (including in connectionwith Account registration) is correct, current and complete.
16.If you choose, or are provided with, a username, password or any other piece ofinformation as part of Account registration and our security procedures, you must treatsuch information as confidential, and you must not disclose it to any other person orentity. You also acknowledge that your Account is personal to you and agree not toprovide any other person with access to this Website or portions of it using yourusername, password or other security information. You agree to notify us immediately ofany unauthorised access to or use of your Account, username or password or any otherbreach of security. You also agree to ensure that you exit from your Account at the end ofeach session. You should use particular caution when accessing your Account from apublic or shared computer so that others are not able to view or record your password orother personal information.
17.We have the right to disable any username, password or other identifier, whether chosenby you or provided by us, at any time if, in our opinion, you have violated any provisionof these Terms of Use.
Representations and Warranties
18.You make the following representations and warranties regarding your access and/or useof the Website:
(a)THAT you are legally permitted to access and/or use the Website in yourjurisdiction and your access and/or use of the Website is in compliance with thelaws of your jurisdiction, and you acknowledge that the Company is not liable foryour compliance or non-compliance with any such laws.
(b)THAT your agreement to these Terms of Use and your access and/or use of theWebsite do not constitute, and that you do not expect it to result in, a breach,default, or violation of any applicable law or any contract or agreement to whichyou are a party or are otherwise bound.
(c)THAT you are not an Excluded Person and are not in an Excluded Jurisdiction,and are not accessing or using the Website from an Excluded Jurisdiction and forpurposes hereof:
(i)“Excluded Jurisdiction” means any of the following jurisdictions: (1)the United States of America and its territories and possessions(collectively, the “United States”); (2) the People’s Republic of China;(3) Singapore; (4) Central African Republic; (5) Cuba; (6) Russia (7) theUnited Kingdom and its territories and possessions; (8) a jurisdictionidentified by the Financial Action Task Force (FATF) for strategicAML/CFT deficiencies and included in FATF’s listing of “High-risk andOtherMonitoredJurisdictions”accessibleathttps://www.fatf-gafi.org/en/publications/High-risk-and-other-monitored-jurisdictions/increased-monitoring-october-2024.htmlor“Jurisdictions Subject to a Call for Action” accessible athttps://www.fatf-gafi.org/en/publications/High-risk-and-other-monitored-jurisdictions/Call-for-action-october-2024.html;(9)ajurisdiction in which designated individuals and entities are identified bythe Monetary Authority of Singapore for the purposes of regulationspromulgated under Financial Services and Markets Act 2022 ofSingapore, the United Nations Act 2001 of Singapore, the VariableCapital Companies Act 2018 of Singapore or the Terrorism (Suppressionof Financing) Act 2022 of Singapore; (10) a jurisdiction in which theWebsite (including any content, functionality and services offeredthereon) would be subject of licensing.
(ii)“Excluded Persons” refers to the following person(s): (1) a person whois a citizen, domiciled in, resident of, or physically present / located in anExcluded Jurisdiction; (2) a body corporate: (a) which is incorporated in,or operates out of, an Excluded Jurisdiction, or (b) which is under thecontrol of one or more individuals who is/are citizen(s) of, domiciled in,residents of, or physically present / located in, an Excluded Jurisdiction;(3) an individual or body corporate included in United NationsConsolidatedList(accessibleathttps://www.un.org/securitycouncil/content/un-sc-consolidated-list); (4)a person who is currently the subject of any sanction administered by theOFAC or any other United States government authority, is notdesignated as a “Specially Designated National” or “Blocked Person” byOFAC or subject to any similar sanctions or measures imposed oradministered by the United Nations Security Council, the EuropeanUnion, His Majesty’s Treasury of the United Kingdom or similarsanctions administered or imposed by the government of any othercountry; and/or (5) an individual or body corporate which is otherwiseprohibited or ineligible in any way, whether in full or in part, under anylaws applicable to such individual or body corporate from accessingand/or using the Website (including any content, functionality andservices offered thereon)
(d)THAT you will not, and will not attempt to, authorise anyone other than you toaccess and/or use the Website using a digital wallet owned by you or for which9 you control the private keys, or otherwise engage in Prohibited Use (as definedbelow) using such digital wallet.
(e)THAT you will not disrupt, interfere with, or otherwise adversely affect thenormal flow of the Website or otherwise act in a manner that may negativelyaffect other users’ experience when accessing and/or using the Website,including taking advantage of software vulnerabilities and any other act thatintentionally abuses or exploits the design of the Website.
(f)THAT:
(i)You have read and understood these Terms of Use and accept all risks asmay be set out herein or associated with the use of the Website, includingsmart contract risks, market volatility risks and risks associated withhacks, exploits, malfunctions, modifications of transaction data thatcould affect or result in unsuccessful transactions or misuse of smartcontracts and oracles, which may result in a loss of digital assets.Notwithstanding that you may be using a Website-compatible third-partyWallet to access and/or use of the Website and/or anyWebsite Functions and/or to engage in FacilitatedActivities, you acknowledge that you bear all risks arising from and/orin connection with any modification of transaction payload data whichyou may procure or cause, in connection with your use of such Website-compatible third-party digital wallet to access and/or use of theWebsite and/or any Website Functions and/or engage inFacilitated Activities.
(ii)You are sophisticated in using and evaluating blockchain technologiesand related blockchain-based digital assets, as well as smart contractsystems.
(iii)You have evaluated and understand all functions of and all risksassociated with your access and/or use of the Website and/or anyWebsite Functions and/or your engagement in FacilitatedActivities, and have not relied on any information, statement,representation, or warranty, express or implied, made by or on behalf ofthe Company or its Affiliates with respect to your access and/or useof the Website and/or any Website Functions and/or yourengagement in any Facilitated Activity.
All of the above representations and warranties are true, complete, accurate and notmisleading from the time of your acceptance of these Terms of Use and are deemedrepeated each time you access and/or use the Website.
Intellectual Property Rights
19.Save as expressly provided herein, the Website and its entire contents, features andfunctionality (including but not limited to all information, software, text, displays,images, video and audio, and the design, selection and arrangement thereof), are ownedby the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property orproprietary rights laws.
20.These Terms of Use permit you to use the Website for your personal, non-commercialuse only. You must not reproduce, distribute, modify, create derivative works of, publiclydisplay, publicly perform, republish, download, store or transmit any of the material onour Website, except as follows:
(a)Your computer may temporarily store copies of such materials in RAMincidental to your accessing and viewing those materials.
(b)You may store files that are automatically cached by your web browser fordisplay enhancement purposes.
(c)You may print or download one copy of a reasonable number of pages of theWebsite for your own personal, non-commercial use and not for furtherreproduction, publication or distribution.
21.If we provide desktop, mobile or other applications for download, you may download asingle copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement forsuch applications.
22.You must not:
(a)modify copies of any materials from this Website;
(b)use any illustrations, photographs, video or audio sequences or any graphicsseparately from the accompanying text; and/or
(c)delete or alter any copyright, trademark or other proprietary rights notices fromcopies of materials from this Website.
23.You must not access or use for any commercial purposes any part of the Website or anyservices or materials available through the Website.
24.If you print, copy, modify, download or otherwise use or provide any other person withaccess to any part of the Website in breach of the Terms of Use, your right to use theWebsite will cease immediately and you must, at our option, return or destroy any copiesof the materials you have made. No right, title or interest in or to the Website or anycontent, functionality and services on the Website is transferred to you, and all rights notexpressly granted are reserved by the Company. Any use of the Website not expresslypermitted by these Terms of Use is a breach of these Terms of Use and may violatecopyright, trademark and other laws.
Trademarks
25.The Company name, the terms, the Company logo and all related names, logos, productand service names, designs and slogans are trademarks of the Company or its affiliates orlicensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on thisWebsite are the trademarks of their respective owners.
Prohibited Use
26.You may use the Website only for lawful purposes and in accordance with these Termsof Use. You agree not to use the Website:
(a)in any way that violates any law or regulation of any jurisdiction that isapplicable to you (including, without limitation, any laws regarding the export ofdata or software to and from the US or other countries);
(b)to engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulativetransaction activity in any digital asset, including by engaging or participating in“front-running”, “wash trading”, “pump and dump schemes”, or similaractivities;
(c)to engage in, or knowingly facilitate, any money laundering, terrorist financing,or other illegal activities;
(d)for the purpose of exploiting, harming or attempting to exploit or harm minors inany way by exposing them to inappropriate content, asking for personallyidentifiable information or otherwise;
(e)to send, knowingly receive, upload, download, use or re-use any material whichdoes not comply with the Content Standards set out in these Terms of Use;
(f)to transmit, or procure the sending of, any advertising or promotional materialwithout our prior written consent, including any “junk mail,” “chain letter,”“spam,” or any other similar solicitation;
(g)to impersonate or attempt to impersonate the Company, a Company employee,another user or any other person or entity (including, without limitation, by usinge-mail addresses associated with any of the foregoing);
(h)to engage in any other conduct that restricts or inhibits anyone’s use orenjoyment of the Website, or which, as determined by us, may harm theCompany or another user or any other person or entity, or expose them toliability;
(i)use the Website in any manner that could disable, overburden, damage, or impairthe Website or interfere with any other person’s access and/or use of the Website,including their ability to engage in real time activities through the Website;
(j)Use any robot, spider or other automatic device, process or means to access theWebsite for any purpose, including monitoring or copying any of the material onthe Website;
(k)use any manual process to monitor or copy any of the material on the Website, orfor any other purpose not expressly authorised in these Terms of Use, without ourprior written consent;
(l)copy, reproduce, republish, upload, post, transmit, resell, or distribute in anyway, any data, content or any part of the Website, except as expressly permittedby applicable laws;
(m)reverse engineer or attempt to reverse engineer the Website except as expresslypermitted by applicable laws;
(n)use any device, software or routine that interferes with the proper working of theWebsite;
(o)introduce any viruses, trojan horses, worms, logic bombs or other material whichis malicious or technologically harmful;
(p)attempt to gain unauthorised access to, interfere with, damage or disrupt anyparts of the Website, the server on which the Website is stored, or any server,computer or database connected to the Website;
(q)attack the Website via a denial-of-service attack or a distributed denial-of-serviceattack; and/or
(r)otherwise attempt to interfere with the proper working of the Website.
For the purposes of these Terms of Use, all of the above acts shall be collectively referred to as“Prohibited Uses”, and “Prohibited Use” means any one of them.
User Contributions
27.The Website may contain message boards, chat rooms, personal web pages or profiles,forums, bulletin boards, and other interactive features (collectively, “InteractiveServices”) that allow Users to post, submit, publish, display or transmit to other Users orother persons (hereinafter, “post”) content or materials (collectively, “UserContributions”) on or through the Website.
28.All User Contributions must comply with the Content Standards set out in these Terms ofUse.
29.Any User Contribution you post to the Website will be considered non-confidential andnon-proprietary. By providing any User Contribution on the Website, you grant us andour Affiliates and service providers, and each of their and our respective licensees,successors and assigns the right to use, reproduce, modify, perform, display, distributeand otherwise disclose to third parties any such material for any purpose.
30.You represent and warrant that:
(a)you own or control all rights in and to the User Contributions and have the rightto grant the license granted above to us and our Affiliates and service providers,and each of their and our respective licensees, successors and assigns; and
(b)all of your User Contributions do and will comply with these Terms of Use.
31.You understand and acknowledge that you are responsible for any User Contributionsyou submit or contribute, and you, not the Company, have fully responsibility for suchcontent, including its legality, reliability, accuracy and appropriateness.
32.We are not responsible, or liable to any third party, for the content or accuracy of anyUser Contributions posted by you or any other User of the Website.
Monitoring and Enforcement; Termination
33.These Terms of Use will remain in full force and effect for so long as you access and/oruse the Website and/or any Website Functions and/or engage in any Facilitated Activity.We have the right to:(a)remove or refuse to post any User Contributions for any or no reason in our solediscretion;(b)take any action with respect to any User Contribution that we deem necessary orappropriate in our sole discretion, including if we believe that such UserContribution violates the Terms of Use, including the Content Standards,infringes any intellectual property right or other right of any person or entity,threatens the personal safety of users of the Website or the public or could createliability for the Company;(c)disclose your identity or other information about you to any third party whoclaims that material posted by you violates their rights, including theirintellectual property rights or their right to privacy;(d)take appropriate legal action, including without limitation, referral to lawenforcement, for any illegal or unauthorised use of the Website;(e)terminate or suspend your access to all or part of the Website for any violation ofthese Terms of Use.34.Upon termination of your rights under these Terms of Use, your right to access and/or usethe Website will terminate immediately. We will not have any liability whatsoever to youfor any termination of your rights under these Terms of Use, including blacklisting anyblockchain address you may have used to access the Website. Even after your rightsunder these Terms of Use are terminated, the “Acknowledgement of Risks, Waiver andRelease of Liability”, “Monitoring and Enforcement; Termination”, “Disclaimers andLimitation of Liability”, “Indemnification”, “Dispute Resolution”, “Governing Law andJurisdiction” and “Limitation on Time to File Claims” sections of these Terms of Usewill remain in effect.14 35.Without limiting the foregoing, we may be required to cooperate with law enforcementauthorities and/or court orders requesting or directing us to disclose the identity or otherinformation of anyone accessing and/or using the Website and/or posting any materialson or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANYAND ITS AFFILIATES, OUR AND THEIR RESPECTIVE LICENSEES ANDSERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONTAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OFITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS ACONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAWENFORCEMENT AUTHORITIES.36.We do not undertake to review any material before it is posted on the Website, andcannot ensure prompt removal of objectionable material after it has been posted.Accordingly, we assume no liability for any action or inaction regarding transmissions,communications or content provided by any User or third party. We have no liability orresponsibility to anyone for performance or non-performance of the activities describedin this section.Content Standards37.This Paragraph 37 sets out content standards applicable to any and all User Contributionsand use of Interactive Services (“Content Standards”). User Contributions must in theirentirety comply with all applicable laws and regulations. Without limiting the foregoing,User Contributions must not:(a)contain any material which is defamatory, obscene, indecent, abusive, offensive,harassing, violent, hateful, inflammatory or otherwise objectionable;(b)promote sexually explicit or pornographic material, violence, or discriminationbased on race, sex, religion, nationality, disability, sexual orientation or age;(c)infringe any patent, trademark, trade secret, copyright or other intellectualproperty or other rights of any other person;(d)violate the legal rights (including the rights of publicity and privacy) of others orcontain any material that could give rise to any civil or criminal liability underapplicable laws or regulations or that otherwise may be in conflict with theseTerms of Use;(e)be likely to deceive any person;(f)promote any illegal activity, or advocate, promote or assist any unlawful act;(g)cause annoyance, inconvenience or needless anxiety or be likely to upset,embarrass, alarm or annoy any other person;(h)impersonate any person, or misrepresent your identity or affiliation with anyperson or organisation; 15 (i)involve commercial activities or sales, such as contests, sweepstakes and othersales promotions, barter or advertising;(j)give the impression that they emanate from or are endorsed by us or any otherperson or entity if this is not the case.Reliance on Information Posted38.The information presented on or through the Website is made available solely for generalinformation purposes. We do not warrant the accuracy, completeness or usefulness of thisinformation. Any reliance you place on such information is strictly at your own risk. Wedisclaim all liability and responsibility arising from any reliance placed on such materialsby you or any other visitor to the Website, or by anyone who may be informed of any ofits contents.39.This Website may include content provided by third parties, including materials providedby other users, bloggers and third-party licensors, syndicators, aggregators and/orreporting services. All statements and/or opinions expressed in these materials, and allarticles and responses to questions and other content, other than the content provided bythe Company, are solely the opinions and the responsibility of the person or entityproviding those materials. These materials do not necessarily reflect the opinion of theCompany. We are not responsible, or liable to you or any third party, for the content oraccuracy of any materials provided by any third parties.Changes to the Website40.We may update the content on this Website from time to time, but its content is notnecessarily complete or up to date. Any of the material on the Website may be out of dateat any given time, and we are under no obligation to update such material.Linking to the Website and Social Media Features41.You may link to our homepage, provided you do so in a way that is fair and legal anddoes not damage our reputation or take advantage of it, but you must not establish a linkin such a way as to suggest any form of association, approval or endorsement on our partwithout our express written consent.42.This Website may provide certain social media features that enable you to:(a)subject to Paragraph 43, link from your own or certain third-party websites tocertain content on this Website;(b)send e-mails or other communications with certain content, or links to certaincontent, on this Website; and/or(c)cause limited portions of content on this Website to be displayed or appear to bedisplayed on your own or certain third-party websites.You may use these features solely as they are provided by us, solely with respect to thecontent they are displayed with, and otherwise in accordance with any additional terms16 and conditions we provide with respect to such features. Subject to the foregoing, youmust not:(i)establish a link from any website that is not owned by you;(ii)cause the Website or portions of it to be displayed, or appear to be displayed by,for example, framing, deep linking or in-line linking, on any other website;(iii)link to any part of the Website other than the homepage; and/or(iv)otherwise take any action with respect to the materials on this Website that isinconsistent with any other provision of these Terms of Use.43.The website from which you are linking, or on which you make certain contentaccessible, must comply in all respects with the Content Standards set out in these Termsof Use.44.You agree to cooperate with us in causing any unauthorised framing or linkingimmediately to cease. We reserve the right to withdraw linking permission withoutnotice.45.We may disable all or any social media features and any links at any time without noticein our sole and absolute discretion.Links from the Website46.If the Website contains links to other sites and resources provided by third parties, theselinks are provided for your convenience only. This includes links contained inadvertisements, including banner advertisements and sponsored links. We have nocontrol over the contents of those sites or resources, and accept no responsibility for themor for any loss or damage that may arise from your use of them. If you decide to accessany of the third party websites linked to this Website, you do so entirely at your own riskand subject to the terms and conditions of use for such websites.Charges for Services47.The Company reserves the right to impose charges for services provided through theWebsite, including service-related charges and other administrative or operational costsassociated with features of the Website and use of the Protocol. Users are solelyresponsible for any blockchain network costs (including gas costs) incurred in connectionwith the access and/or use of the Website and/or any Website Functions by Users and/orin connection with engagement by Users in Facilitated Activities. All charges are non-refundable, unless expressly stated otherwise. The Company reserves the right to modifythe structure of such charges, and it is your responsibility to check for any such modifiedcharges applicable to your access and/or use of the Website and/or any WebsiteFunctions and/or in connection with your engagement in any Facilitated Activity beforeproceeding with such access, user and/or engagement. By proceeding with such access,use and/or engagement, you shall be deemed to have agreed to such modified chargesapplicable to such access, use and/or engagement.
(a)remove or refuse to post any User Contributions for any or no reason in our solediscretion;
(b)take any action with respect to any User Contribution that we deem necessary orappropriate in our sole discretion, including if we believe that such UserContribution violates the Terms of Use, including the Content Standards,infringes any intellectual property right or other right of any person or entity,threatens the personal safety of users of the Website or the public or could createliability for the Company;
(c)disclose your identity or other information about you to any third party whoclaims that material posted by you violates their rights, including theirintellectual property rights or their right to privacy;
(d)take appropriate legal action, including without limitation, referral to lawenforcement, for any illegal or unauthorised use of the Website;
(e)terminate or suspend your access to all or part of the Website for any violation ofthese Terms of Use.
34.Upon termination of your rights under these Terms of Use, your right to access and/or usethe Website will terminate immediately. We will not have any liability whatsoever to youfor any termination of your rights under these Terms of Use, including blacklisting anyblockchain address you may have used to access the Website. Even after your rightsunder these Terms of Use are terminated, the “Acknowledgement of Risks, Waiver andRelease of Liability”, “Monitoring and Enforcement; Termination”, “Disclaimers andLimitation of Liability”, “Indemnification”, “Dispute Resolution”, “Governing Law andJurisdiction” and “Limitation on Time to File Claims” sections of these Terms of Usewill remain in effect.
35.Without limiting the foregoing, we may be required to cooperate with law enforcementauthorities and/or court orders requesting or directing us to disclose the identity or otherinformation of anyone accessing and/or using the Website and/or posting any materialson or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANYAND ITS AFFILIATES, OUR AND THEIR RESPECTIVE LICENSEES ANDSERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONTAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OFITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS ACONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAWENFORCEMENT AUTHORITIES.
36.We do not undertake to review any material before it is posted on the Website, andcannot ensure prompt removal of objectionable material after it has been posted.Accordingly, we assume no liability for any action or inaction regarding transmissions,communications or content provided by any User or third party. We have no liability orresponsibility to anyone for performance or non-performance of the activities describedin this section.
Content Standards
37.This Paragraph 37 sets out content standards applicable to any and all User Contributionsand use of Interactive Services (“Content Standards”). User Contributions must in theirentirety comply with all applicable laws and regulations. Without limiting the foregoing,User Contributions must not:
(a)contain any material which is defamatory, obscene, indecent, abusive, offensive,harassing, violent, hateful, inflammatory or otherwise objectionable;
(b)promote sexually explicit or pornographic material, violence, or discriminationbased on race, sex, religion, nationality, disability, sexual orientation or age;
(c)infringe any patent, trademark, trade secret, copyright or other intellectualproperty or other rights of any other person;
(d)violate the legal rights (including the rights of publicity and privacy) of others orcontain any material that could give rise to any civil or criminal liability underapplicable laws or regulations or that otherwise may be in conflict with theseTerms of Use;
(e)be likely to deceive any person;
(f)promote any illegal activity, or advocate, promote or assist any unlawful act;
(g)cause annoyance, inconvenience or needless anxiety or be likely to upset,embarrass, alarm or annoy any other person;
(h)impersonate any person, or misrepresent your identity or affiliation with anyperson or organisation;
(i)involve commercial activities or sales, such as contests, sweepstakes and othersales promotions, barter or advertising;
(j)give the impression that they emanate from or are endorsed by us or any otherperson or entity if this is not the case.
Reliance on Information Posted
38.The information presented on or through the Website is made available solely for generalinformation purposes. We do not warrant the accuracy, completeness or usefulness of thisinformation. Any reliance you place on such information is strictly at your own risk. Wedisclaim all liability and responsibility arising from any reliance placed on such materialsby you or any other visitor to the Website, or by anyone who may be informed of any ofits contents.
39.This Website may include content provided by third parties, including materials providedby other users, bloggers and third-party licensors, syndicators, aggregators and/orreporting services. All statements and/or opinions expressed in these materials, and allarticles and responses to questions and other content, other than the content provided bythe Company, are solely the opinions and the responsibility of the person or entityproviding those materials. These materials do not necessarily reflect the opinion of theCompany. We are not responsible, or liable to you or any third party, for the content oraccuracy of any materials provided by any third parties.
Changes to the Website
40.We may update the content on this Website from time to time, but its content is notnecessarily complete or up to date. Any of the material on the Website may be out of dateat any given time, and we are under no obligation to update such material.
Linking to the Website and Social Media Features
41.You may link to our homepage, provided you do so in a way that is fair and legal anddoes not damage our reputation or take advantage of it, but you must not establish a linkin such a way as to suggest any form of association, approval or endorsement on our partwithout our express written consent.
42.This Website may provide certain social media features that enable you to:
(a)subject to Paragraph 43, link from your own or certain third-party websites tocertain content on this Website;
(b)send e-mails or other communications with certain content, or links to certaincontent, on this Website; and/or
(c)cause limited portions of content on this Website to be displayed or appear to bedisplayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, youmust not:
(i)establish a link from any website that is not owned by you;
(ii)cause the Website or portions of it to be displayed, or appear to be displayed by,for example, framing, deep linking or in-line linking, on any other website;
(iii)link to any part of the Website other than the homepage; and/or
(iv)otherwise take any action with respect to the materials on this Website that isinconsistent with any other provision of these Terms of Use.
43.The website from which you are linking, or on which you make certain contentaccessible, must comply in all respects with the Content Standards set out in these Termsof Use.
44.You agree to cooperate with us in causing any unauthorised framing or linkingimmediately to cease. We reserve the right to withdraw linking permission withoutnotice.
45.We may disable all or any social media features and any links at any time without noticein our sole and absolute discretion.
Links from the Website
46.If the Website contains links to other sites and resources provided by third parties, theselinks are provided for your convenience only. This includes links contained inadvertisements, including banner advertisements and sponsored links. We have nocontrol over the contents of those sites or resources, and accept no responsibility for themor for any loss or damage that may arise from your use of them. If you decide to accessany of the third party websites linked to this Website, you do so entirely at your own riskand subject to the terms and conditions of use for such websites.
Charges for Services
47.The Company reserves the right to impose charges for services provided through theWebsite, including service-related charges and other administrative or operational costsassociated with features of the Website and use of the Protocol. Users are solelyresponsible for any blockchain network costs (including gas costs) incurred in connectionwith the access and/or use of the Website and/or any Website Functions by Users and/orin connection with engagement by Users in Facilitated Activities. All charges are non-refundable, unless expressly stated otherwise. The Company reserves the right to modifythe structure of such charges, and it is your responsibility to check for any such modifiedcharges applicable to your access and/or use of the Website and/or any WebsiteFunctions and/or in connection with your engagement in any Facilitated Activity beforeproceeding with such access, user and/or engagement. By proceeding with such access,use and/or engagement, you shall be deemed to have agreed to such modified chargesapplicable to such access, use and/or engagement.
Disclaimers and Limitation of Liability
DISCLAIMERS:
48.YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE ORWARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THEINTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHERDESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTINGSUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOURPARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION ANDACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING AMEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANYLOST DATA.
49.THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS,OR TIMELINESS OF THE DATA AND ANALYTICS PROVIDED VIA THEWEBSITE. USERS ASSUME FULL RESPONSIBILITY FOR THEIR ACCESS ANDUSE OF THE WEBSITE AND ANY DECISIONS MADE BASED ON ITS CONTENT.NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANYMAKES ANY WARRANTY OR REPRESENTATION REGARDING THERELIABILITY, QUALITY, OR SUITABILITY OF THE WEBSITE FOR ANYPURPOSE.
50.WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ADISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHERTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOURCOMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHERPROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOURDOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITELINKED TO IT.
51.YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMSOBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. PARAGRAPH 7IS REPEATED.
52.IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THEWEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY(60) DAYS FROM THE DATE OF FIRST USE.
53.THE COMPANY DOES NOT ENDORSE ANY THIRD PARTY AND SHALL NOTBE RESPONSIBLE IN ANY WAY FOR ANY INTERACTIONS ORTRANSACTIONS YOU ENTER INTO WITH ANY OTHER THIRD PARTY, OR FORANY LOSS ARISING FROM YOUR RELIANCE ON ANY REPRESENTATIONMADE BY OR ANY INFORMATION PROVIDED BY ANY OTHER THIRD PARTY(INCLUDING ANY ORACLE PROVIDERS). YOU AGREE THAT THE COMPANYAND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OFANY SORT INCURRED AS A RESULT OF ANY INTERACTIONS BETWEEN YOUAND ANY THIRD PARTY (INCLUDING ANY WALLET PROVIDERS AND THIRD-PARTY PROTOCOLS) AND/OR ANY ACT UNDERTAKEN BY YOUUSING THIRD-PARTY SOFTWARE.
LIMITATION OF LIABILITY:
54.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATIONS MAY NOTAPPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
55.TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THECOMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGESOF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR INCONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANYWEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHERWEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEWEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN ANDSUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OFGOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDINGNEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IFFORESEEABLE.
56.THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSSOR DAMAGE ARISING OUT OF YOUR FAILURE TO KEEP YOUR PRIVATEKEYS OR LOGIN CREDENTIALS TO YOUR WALLET SECURE OR ANY OTHERUNAUTHORISED ACCESS TO OR TRANSACTIONS INVOLVING YOURWALLET.
57.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,THE LIABILITY OF THE COMPANY AND/OR ITS AFFILIATES TO YOU FORANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FORANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THEAMOUNT OF SERVICE FEES PAID BY YOU IN CONNECTION WITH YOURACCESS AND/OR USE OF THE WEBSITE DURING THE PRECEDING THREE (3)MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGETHIS LIMIT.
Indemnification
58.You agree to defend, indemnify and hold harmless the Company, its affiliates, licensorsand service providers, and its and their respective officers, directors, employees,contractors, agents, licensors, suppliers, successors and assigns (each an “IndemnifiedParty”, and collectively “Indemnified Parties”) from and against any claims, liabilities,damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of applicable laws andregulations, your non-observance of these Terms of Use or your use of the Website,including, but not limited to, your User Contributions, any use of the Website’s content,services and products other than as expressly authorised in these Terms of Use, or youruse of any information obtained from the Website.
59.The relevant Indemnified Party reserves the right, at your expense, to assume theexclusive defense and control of any matter for which you are required to provideindemnification, and you agree to cooperate in the defense of these claims. You agree notto settle any matter without the prior written consent of the relevant Indemnified Party orIndemnified Parties. The relevant Indemnified Party will use reasonable efforts to notifyyou of any such claim, action or proceeding upon becoming aware of it.
Taxes
60.You are solely responsible for determining the tax implications and tax reportingrequirements associated with your access and/or use of the Website and/or WebsiteFunctions and/or associated with Facilitated Activities you engage in, and for paying anyapplicable taxes in each applicable jurisdiction in relation thereto. The Company is notresponsible for determining whether there are tax implications or tax reporting inconnection with your access and/or use of the Website and/or Website Functions and/orassociated with Facilitated Activities you engage in, or for paying any applicable taxes inrelation thereto.
Dispute Resolution
61.Any claim, suit, or dispute arising out of or in connection with these Terms, includingany question regarding its existence, validity or termination, or any other acts oromissions for which you may contend that we are liable (“Dispute”), shall be finally andexclusively settled by arbitration under BVI Arbitration Act, 2013. You understand thatyou are required to resolve all Disputes by binding arbitration. The arbitration shall beheld on a confidential basis before a single arbitrator. The arbitration will be held in theBritish Virgin Islands, unless you and we both agree to hold it elsewhere. Unless weagree otherwise, the arbitrator may not consolidate your claims with those of any otherparty. Any judgment on the award rendered by the arbitrator may be entered in any courtof competent jurisdiction. If for any reason a claim by law or equity must proceed incourt rather than in arbitration you agree to waive any right to a jury trial and any claimmay be brought only in a court located in the British Virgin Islands.
Governing Law and Jurisdiction
62.These Terms of Use and any dispute or claim arising out of or in connection with theirsubject matter or formation (including non-contractual disputes or claims) shall begoverned by and construed in accordance with the law of the British Virgin Islands.
63.The Website may not be available or permitted by laws for use in some jurisdictions. TheCompany and its Affiliates do not represent or warrant that the Website or any partthereof is available or permitted by laws for use in any particular jurisdiction. In choosingto access and/or use the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable local laws, rules andregulations.
Limitation on Time to File Claims
64.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF ORRELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BECOMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM ISPERMANENTLY BARRED AND UNENFORCEABLE, AND THE COMPANYSHALL NOT BE LIABLE IN ANY WAY OR IN ANY EVENT IN RESPECT OF ANYSUCH CAUSE OF ACTION OR CLAIM.
Waiver and Severability
65.A waiver by the Company of any right or remedy under these Terms of Use shall only beeffective if it is in writing, executed by a duly authorised representative of the Companyand shall apply only to the circumstances for which it is given. The failure of theCompany to exercise or enforce any right or remedy under these Terms of Use shall notoperate as a waiver of such right or remedy, nor shall it prevent any future exercise orenforcement of such right or remedy. No single or partial exercise of any right or remedyshall preclude or restrict the further exercise of any such right or remedy or other rights orremedies.
66.No waiver by the Company of any term or condition set forth in these Terms of Use shallbe deemed a further or continuing waiver of such term or condition or a waiver of anyother term or condition, and any failure of the Company to assert a right or provisionunder these Terms of Use shall not constitute a waiver of such right or provision.
67.If any provision of these Terms of Use is held by a court or other tribunal of competentjurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall beeliminated or limited to the minimum extent such that the remaining provisions of theTerms of Use will continue in full force and effect to the maximum extent permitted byapplicable law.
Entire Agreement
68.The Terms of Use constitute the sole and entire agreement between you and the Companywith respect to your access to and use of the Website and supersede all prior andcontemporaneous understandings, agreements, representations and warranties, bothwritten and oral, with respect to your access to and use of the Website.
Relationship of the Parties
69.Nothing contained in these Terms of Use will be deemed to be construed by the parties orany third party as creating a partnership, an agency relationship or joint venture betweenthe parties or any of their respective employees, representatives, or agents.
Third Party Rights
70.Save for the Indemnified Parties who shall have rights and benefits to the extent accordedthereto under these Terms of Use, the Contracts (Rights of Third Parties) Act 2001 ofSingapore shall not under any circumstances apply to these Terms of Use and any personwho is not a party to these Terms of Use shall have no right to enforce any provisions ofthese Terms of Use.
Assignment
71.These Terms of Use, and your rights and obligations herein, may not be assigned,subcontracted, delegated, or otherwise transferred by you without the Company’s priorwritten consent, and any attempted assignment, subcontract, delegation, or transfer inviolation of the foregoing will be null and void. The Company may freely assign theseTerms of Use without your prior consent. The terms and conditions set forth in theseTerms of Use shall be binding upon assignees.
Your Comments and Concerns
72.This Website is operated by the Company.
73.All feedback, comments, requests for technical support and othercommunicationsrelating to the Website should be directed to:protocol@sosovalue.com. For contractual purposes, you: (i) hereby consent toreceive communications from the Company in any electronic form; and (ii) hereby agreethat all terms and conditions, agreements, notices, disclosures, and other communicationsthat the Company provides to you electronically satisfy any legal requirement that wouldalso be satisfied if such communications were to be in a hardcopy writing. The foregoingdoes not affect your non-waivable rights under any applicable law.
Last updated