This document is an agreement between the B NETWOK Project (hereinafter referred to as the "Project", "we", "us", "our") and you (together with the B NETWOK Project, the "Parties", and each party individually, a "Party"). "Party"). By using, interacting with, or otherwise accessing the https://bsquared.network website and the interfaces or any of the services we provide, you agree that you have read, understood, and accepted all of the terms and conditions contained in this document. This document, together with any agreements and additional terms or policies attached to or expressly incorporated by reference into this document and our Privacy Policy, constitute a binding agreement between you and us.
In this Agreement, the following terms shall have the meanings set forth below, unless the context explains otherwise:
"Interface": means any website or graphical user interface and related interfaces for the distribution or hosting of the Project, including project information distribution sites, pop-ups, links, etc., as the case may be.
"Services": means the various types of network services, functions and features provided by the Project to you through its website, including on-chain information provision, on-chain block transaction acceleration services, and on-chain asset pledges.
"User": means an individual or a legal person or other entity-organization that uses the services of the Project.
"Public Chain": is the most common form of blockchain, meaning a blockchain that is open to everyone in the world and anyone can join and become a node on it, e.g., Bitcoin, Ether, Coinchain, etc.
"GAS": the fee that everyone pays to record their transaction information on the public chain. "User Agreement": means all of the terms and conditions contained in this document and as updated from time to time by the Project.
"Jurisdiction": means the governing laws, regulations and rules applicable to the Program or your location.
2.1 You represent and warrant that you have the capacity to enter into and comply with this User Agreement with the ability to make independent decisions within your jurisdiction and the jurisdictional jurisdictions agreed upon herein, and at your own risk and with full consequences. If you do not meet these requirements, you are prohibited from accessing, using or otherwise interacting with the Interface or the Services.
2.2 You represent and warrant that you are not, and will not during the use of the Interface and the Features (i) be the subject of any economic or trade sanctions imposed or enforced by any governmental authority or included on any prohibited or restricted party list; (ii) violate any laws or regulations relating to anti-money laundering or terrorist financing; (iii) be included on the Specially Designated Nationals and Blocked Persons lists maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) or any list maintained under European Union (EU) and/or United Kingdom (UK) regulations (the latter extended to the Cayman Islands by statutory instrument); or (iv) operate or are domiciled in the United States of America (whether under EU and/or UK regulations); or Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) or any list maintained pursuant to European Union (EU) and/or United Kingdom (UK) regulations (the latter of which extends to the Cayman Islands by statutory instrument); or (iv) have a base of operations or are domiciled in a country or territory to which sanctions imposed by the United Nations, whether through the Security Council or otherwise, the OFAC, the EU and/or the United Kingdom, or pursuant to sanctions imposed by the United Nations, the OFAC, the EU or the United Kingdom, apply. , EU or UK imposed sanctions. If at any time the foregoing no longer applies, you must immediately stop using the Interface and the Services.
2.3 You acknowledge that you (and only you) are responsible for properly configuring (where applicable) and using the Features or incorporating the Features into your Application or Wallet and for taking appropriate measures to protect your data, including but not limited to financial or token information and private keys.
2.4 You acknowledge and agree that you have the financial and technical capabilities necessary to properly use and interact with the Interfaces and Functions and that you understand the risks inherent in blockchain technology. You understand that there are risks associated with trading in Crypto Assets and applications that use Crypto Assets and may expose you to cyber-attacks, loss of Crypto Assets, unknown vulnerabilities, smart contract risks, governance attacks, and other risks associated with blockchain transactions. You also understand that transactions executed and settled through smart contracts are irreversible and that you may not have recourse in the event of a malicious, fraudulent or unintentional transaction.
2.5 You agree that by registering or using the Project Services, you are deemed to have accepted all the terms of this User Agreement.
2.6 Due to local laws and regulations, we do not provide any inappropriate services to users in the following countries or regions, including, but not limited to, Russia, mainland China, North Korea, the United States, etc. (collectively, the "Prohibited Countries"). We reserve the right to adjust the list of such countries or regions in accordance with applicable laws and regulations or changes in the Services, and nothing in these Terms shall be construed to exclude the laws of the country or region to which the user belongs. Therefore, if you do not meet these eligibility requirements, please do not use our Services.
2.7 If you travel to a location on our list of countries/regions where access is prohibited, our Services may not be available and your use of our Services may be blocked. You acknowledge that this may affect your ability to manage your portfolio and/or monitor any existing orders or otherwise use our Services. You may not attempt to circumvent or attempt to circumvent any of these restrictions in any way, including, but not limited to, the use of VPN software or any other virtual private or anonymous network to modify your Internet Protocol address.
3.1 The Project reserves the right to modify this User Agreement at any time in accordance with its own development needs.
3.2 Modified Terms will be posted on the Program website and you should check back periodically for updates.
3.3 All modifications will be effective upon posting and your continued use of the Services will be deemed to be acceptance of the modified Terms. If you do not agree with any modifications to these Terms, you are free to reject them, which means that you will no longer be able to use the Services.
4.1 The Project grants you a non-exclusive, non-transferable license to access and use the Project's interface or services. You agree to access, use or otherwise interact with the Interface and Services only in an authorized, correct and proper manner and in accordance with these Terms and all applicable laws.
4.2 You shall keep all credentials related to the Services in a safe place and shall be responsible for their security.
4.3 You shall comply with the Project's Compliance Procedures by providing personal information necessary to satisfy the Project's risk management or legal obligations. Compliance procedures are requirements set by the Project to collect, verify, record and report information about you. Upon initial access to a particular service and on an ongoing basis, whether for our business risk management purposes or to comply with legal requirements applicable to us, we may require you to provide information that may include, but is not limited to, personally identifiable information, such as web address, name, email, address, telephone number, date of birth, taxpayer identification number or social security number, government-issued photo identification, and bank account information or other information that we reasonably believe will help us meet our risk management or legal obligations. By providing us with this information, you confirm that it is accurate and agree to update your information in a timely manner, but in no event later than 14 days after your information changes. Failure to provide timely information or update your user account may result in your inability to use the Services.
4.4 You shall comply with the following code of conduct when accessing and using the Interface or the Services:
a. Shall not violate the terms of this Agreement;
b. Not use the Interface or the Services for any unauthorized purpose;
c. Not to use the Services to conduct any illegal activities or assist others to conduct illegal activities, including but not limited to illegal gambling, fraud, money laundering, drug trafficking, arms trafficking or terrorist activities, as may be determined by any jurisdiction worldwide;
d. Not to interfere with or disrupt the normal operation of the Services, including, but not limited to, denial-of-service attacks on servers;
e. Not use the Interface or Services in any manner that could disable, overload, damage or impair the Interface or functionality or interfere with any other party's use or enjoyment of the Interface or Services;
f. not reverse engineer, disassemble or decompile the Interface or the Services, or apply any other process or procedure to obtain the source code of any software contained in the Interface or the Features, unless applicable law does not permit such restrictions or such rights have been expressly granted to you under a separate license;
g. Normal user behavior shall not be simulated by any automated means;
h. not attempt to bypass any content filtering techniques employed by us, or attempt to access any services that you are not authorized to access;
i.Information may not be collected or otherwise harvested from interfaces or functions for any unauthorized purpose;
j. Not to sublicense, sell or otherwise distribute the interface or functionality, or any part thereof;
k.No data mining tools, robots, crawlers, or similar data collection and extraction tools may be used to grab or otherwise remove data from interfaces or features;
l. You may not use any manual process to monitor or copy any material from the interface or functionality or for any other unauthorized use without our prior written consent;
m. No viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the interface or functionality may be introduced;
n. not attempt to gain unauthorized access to, interfere with, damage or disrupt any portion of the Interface or Services, the servers on which the Interface or Services are stored, or any servers, computers or databases connected to the Interface or Services;
o. shall not attack the interface or service through a denial-of-service attack or distributed denial-of-service attack, or otherwise attempt to interfere with the proper functioning of the interface or service;
p. Not to use the Services for any act that may infringe the intellectual property rights of others;
q. Not to use the Services to negatively impact other Users in order to prevent other Users from properly using the Services; or
r. Not to exercise other behaviors that may have a negative impact on us or other users.
4.5 The Program reserves the right to monitor your use of the Services to ensure that you comply with this Agreement and applicable law.
4.6 If you violate the above code of conduct, the Project reserves the right to take the following measures at any time, and shall be liable for any damages caused to the Project by your actions:
a. Warning you to stop the violation;
b. Restrict or terminate your access to the Services;
c. Take legal action to hold you accountable.
4.7 You understand and agree that the Project reserves the right to change, suspend or terminate any part or all of the Services at any time based on business necessity or to comply with legal requirements without any liability to you for doing so.
4.8 You acknowledge and agree that if you use the Interface or the Services in a prohibited manner, we may investigate or take any other action we deem necessary, including cooperating with law enforcement or filing a claim against you if it causes us injury or damage, to correct the prohibited behavior or any consequences thereof.
4.9 You hereby acknowledge and agree that the use of the Interface or the Services may have tax consequences. You are responsible for determining whether any transaction initiated by You using the Interface or the Services will have any tax consequences and You shall be solely responsible for ensuring compliance with the applicable tax laws of Your tax resident jurisdiction.
5.1 Overview of interfaces and services
a. Each interface is a website, and each interface has different services - some of which provide only information, while others contain services that allow users to send messages to the blockchain network in a completely autonomous way.
b. No interface will allow us to enter into any transaction with you, nor will an interface facilitate your transaction (unless otherwise separately arranged or described by the Project). Even if an Interface appears to be dynamic (e.g., updating or providing new displays when you voluntarily provide certain information), the Program will not at any time take action directed by or on behalf of you. In addition, if you click on the "Connect Wallet" service on one of the Interfaces to enable your self-hosted cryptocurrency wallet (the "Wallet") to provide information to be transmitted to the Blockchain Network or other blockchain-based applications, you should be aware that (except as otherwise noted herein) the Project (the "Project") will not provide any information to you. otherwise stated herein) that the Project (i) is not involved in providing or transmitting any such information to the Network, (ii) cannot transmit any information to the Network or otherwise assist in any transaction, (iii) has absolutely no access to, control over, or security with respect to your Wallet, and (iv) does not have permission to, and will not, take possession of or have custody of your cryptoassets at any time, except as otherwise stated herein. This also means that the Project cannot assist in transactions: please be vigilant when interacting with any immutable blockchain technology.
c. It is your responsibility to familiarize yourself with your Wallet and its security features, including any private keys and passwords associated with it. The Project does not and cannot access your private key, password, or any cryptographic assets stored in your wallet, nor can it revoke any transactions initiated by you using your wallet (or otherwise). Project is not responsible for how you use the Wallet.
d. You should also familiarize yourself with the risks involved in trading on the blockchain network, including but not limited to smart contract vulnerabilities, front-end vulnerabilities, hacking attacks, phishing attacks, social engineering attacks, crypto-asset volatility, and transaction irreversibility.
e.Except as described herein, Project cannot in any way control, maintain, provide, operate or improve the smart contracts or blockchain protocols underlying the tools and applications displayed on the Interface. We do not implement, facilitate or control any transactions initiated through the Interface, and the Project is not responsible for the outcome of any transactions, including, but not limited to, failed, inadvertent or fraudulent transactions that may result in the loss of funds or transaction fees or any other loss or damage.
f. All transactions broadcast through your wallet to the applicable blockchain network may be subject to a non-refundable network transaction fee, which shall be borne entirely by you.
g. Certain interfaces and services covered by these Terms include, but are not limited to:
B²Network.Technology, which provides information and descriptions about (i) software developed by the Project and others, (ii) the B²Network ecosystem (including grants, solution providers, governance, and community activities), and (iii) other matters involving or related to the different blockchain networks. This interface also provides links to other interfaces and to third party websites and interfaces.
Portal.B²Network.Technology requires you to connect your wallet in order to access any of the services, including functionality that allows you to bridge cryptoassets between the Bitcoin public chain and certain blockchain networks, functionality that allows you to purchase certain cryptoassets (so that you are able to pay a transaction fee when interacting with certain blockchain networks), and to view any assets in your wallet on the various blockchain networks. any of your assets on various blockchain networks. Please note that some of the functionality in these Services can only be accessed through integrations with third parties that are not affiliated or connected in any way with the Project, and your interactions with such functionality will also be subject to any terms of use established by such third parties.
Staking.B²Network.Technology, which also requires you to connect your wallet and allows you to pledge crypto assets to a verifier on the B²Network Proof of Stake Network ("B²Network PoS") in order to provide additional security to the network. This interface also provides information about the Verifier on the B²Network PoS, the amount pledged, and the general status of the B²Network PoS.
B²Network zkEVM architecture, including various software components that interact with software to (i) sort and validate transactions on the B²Network zkEVM network ("B²Network zkEVM"), and (ii) batch process those transactions for settlement on the Bitcoin public chain.
A test network for building test environments for various types of blockchain infrastructure, applications, tools, etc.
h. Except as set forth herein, (i) the Project does not control, maintain, provide, operate or improve any Blockchain Network and the activities or data on it; and (ii) the Project is not responsible for the activities of any person or entity that develops or utilizes the Application or verifies or validates transactions or other operations in connection with a Blockchain Network operated by a third party. The Project has no control over how blockchain networks operated by third parties market their blockchain networks, and users should not assume that any blockchain network operated by a third party is affiliated with the Project, notwithstanding that any marketing materials created by such third party may imply otherwise.
5.2 Your Confirmation of Interface Information
a. You hereby acknowledge and agree that all information relating to your access to and use of the Interface and in connection with the Services is for informational purposes only. The Project endeavors to provide accurate information, but does not warrant or otherwise guarantee that the information is current, complete or timely. Accordingly, you acknowledge and agree that you will not rely on any information on the Interfaces for any purpose and expressly (i) waive any reliance on any information on the Interfaces or within the Services, and (ii) acknowledge that the Project assumes no responsibility for the provision of any such information.
b. You shall take all steps to independently verify any information on any Interface upon which you intend to rely and shall not act solely on the basis of any information contained on any Interface, including blog posts, data, articles, links to third-party content, social media content (including Discord, Lens, Farcaster or X), news feeds, tutorials and videos.
c. No information provided on the Interface or through the Services should be considered professional or investment advice, and the Program disclaims any liability to you based on information provided on the Interface or through the Services.
d.No information provided on the Interface or any of the Services shall be construed as an invitation or inducement to (i) exercise any right to acquire, dispose of, underwrite, or convert any Crypto Asset or Digital Asset, or (ii) buy, sell, or induce Users to buy or sell any Crypto Asset or Digital Asset.
6.1 In view of the high volatility and uncertainty of digital assets (e.g. Bitcoin, Ether, CoinAssets, USDT, etc.), you should fully understand and bear the risks associated with the use of services involving digital assets.
You further understand that the functionality or security of the blockchain network cannot be guaranteed, which could result in loss of funds, hacking, delays, conflicts of interest, or third parties making operational decisions that are unfavorable to certain Virtual Asset Owners, or that could result in you not being able to complete a transaction using our Services.
6.2 The Project does not guarantee the stability or value of the Digital Assets and is not responsible for your losses due to market fluctuations, technical problems or other unpredictable factors. By using our services, you acknowledge and accept that there are significant risks associated with digital assets and transactions on the blockchain network. Trading in digital assets is subject to high market risk and price volatility. Changes in value can be significant and can occur quickly and without warning. Past performance is not a reliable indicator of future performance and may change at any time. The value of investments and any returns may go down as well as up and you may not get back the amount you have invested. You further understand that the market for these virtual assets is highly volatile due to factors such as, but not limited to, adoption, speculation, technology, security and regulation. You acknowledge that the cost and speed of transactions using crypto and blockchain-based systems are variable and may increase dramatically at any time.
6.3 You should make your own assessment of the risks of investing in digital assets and consult a professional financial advisor if necessary.
6.4 Any information on digital assets provided by the Project, including price, market capitalization, trading volume, etc., is only a reflection of the objective situation and does not constitute investment advice.
6.5 The application of existing legal and regulatory requirements to Virtual Assets and our Services is developing and evolving. We do not guarantee that our services will be available at any particular time or that our services will not be affected by unplanned service disruptions or network congestion. We may rely on advice from counsel regarding the application of existing and new legal and regulatory requirements to its activities. This advice may require us to make sudden changes to our services, which may affect your ability to use our services. You may not be able to buy, sell, store, transfer, send or receive virtual assets when you wish.
6.6 You acknowledge and accept that the use of our Services may involve hosting services provided by third party custodians. Such custodian services are third party resources and carry a number of custodian risks, including, but not limited to, the unavailability of the custodian or degradation of accessibility and functionality that can impede the availability of trading workflows and purchase/redemption functionality. You acknowledge that the risk of failure of other platforms, including, but not limited to, centralized exchanges, decentralized exchanges (DEX) and other DeFi platforms, can impede the prompt transfer of any unrealized gains and losses, which may result in large balances being owed on investments. You acknowledge and accept that B NETWORK assumes no responsibility for the risk of such third party resources or such income products, and that losses caused by third party custodians and exchanges are your sole responsibility.
7.1 Unless otherwise noted, Project is the owner or authorized user of intellectual property rights in its interface content, services, trademarks, logos, copyrights, patents and the like. Project hereby grants you a personal, limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to use, reproduce and distribute the Interface and Services in connection with such use. This license is solely for the purpose of allowing you to access, use or otherwise interact with the Interface and Services.
7.2 You acknowledge the Project's Intellectual Property Rights and agree not to do anything that infringes the Project's Intellectual Property Rights, including, without limitation, reproducing, publishing, modifying, distributing, selling or publicly displaying the Project's interfaces or services, except for the rights set forth in Section 6.1. Certain Services may be provided to you under separate licenses, such as the AGPL 3.0, the MIT License, or other open source (or other) licenses; third-party features or applications integrated into the Interface or the Services may be subject to other or additional Intellectual Property licenses, and as such, you must review any terms associated with such third-party features or applications to determine the relevant applicable to their Licenses. You agree that you will not violate the terms of any such separate license.
7.3 The Project has the right to use, reproduce, modify, publish, release and distribute any content created by you in the course of using the Interface or the Services, provided that it does not infringe the intellectual property rights of a third party, without any payment to you. 7.4 You agree not to remove any copyright, trademark or other proprietary notices from all materials and content used in the Services and to provide the Project with copies of such notices as necessary.
7.5 You agree not to sell or modify Content derived from the Site or the Services, and not to reproduce, display, distribute or otherwise use such Content for any public or commercial purpose. You may not use the Content on any other website or on a file sharing or similar service for any purpose. You may not reproduce any Content derived or created from the Site or Services without our express written permission.
7.6 You may link to the Interface provided that you do so in a manner that is fair and lawful and does not damage our reputation or take advantage of it, provided that you do not create a link in such a way as to imply any form of association, approval or endorsement between us without our express written consent.
7.7 Any rights not expressly granted herein to use the Content contained in the Site or Services are fully reserved by the Project.
8.1 The Project will use reasonable endeavors to ensure the accuracy and reliability of the information provided through the Services but makes no warranty, express or implied, that such information will always be accurate, complete or up to date.
8.2 You understand and agree that information obtained while using the Services may contain inaccuracies and that the Project shall not be liable for any decisions or actions taken in reliance on such information.
8.3 You are responsible for verifying the information obtained through the Services and for making decisions based on such information at your own risk.
9.1 Project interfaces or services may include integration with or otherwise provide access to applications, services, websites, technologies, data, operations, functions and resources provided or otherwise made available by third parties ("Third Party Services").
9.2 If the Services or Features contain links to such third party services, these links are provided for your convenience only. The Project is not responsible for the accuracy, completeness or legality of third party content, or the availability or performance of third party services.
9.3 If you decide to access third party services that are integrated with or linked to any interface or service, you do so entirely at your own risk and subject to the terms and conditions of use of such sites. We reserve the right to revoke permission to link without notice.
9.4 Your use of any third party services is directly between you and such third party, and you acknowledge and agree that the Project will not be responsible or liable for any damages or losses, whether direct or indirect, caused or claimed to be caused by or in connection with the use of or reliance on any third party services. You (and not we) will be responsible for any and all fees and charges associated with your use of any Third Party Services.
9.5 Please read the applicable terms, privacy policies or agreements before using third party services. Integration or inclusion of such third party services does not imply an endorsement or recommendation of such third party services.
10.1 The Program may need to send you service-related communications, including, but not limited to, notifications, updates, reminders, and the like.
10.2 You agree that the Project may communicate by email or other electronic means, and you should ensure that the contact details provided are accurate and that you check your email in a timely manner.
10.3 Communications sent by the Project will be deemed to have been delivered when sent to the e-mail address provided by you.
11.1 You represent and warrant that all information you provide to the Project is true, accurate, complete and up-to-date.
11.2 You warrant that your right to enter into this Agreement and to perform your obligations hereunder will not infringe the rights of any third party.
11.3 You acknowledge that this Agreement is not assignable. Nothing in this Agreement shall be construed as creating any relationship between you and us other than as defined herein. You are using our Interface or Services for your own personal conduct and not as an agent of any other party. Any covenants and/or agreements entered into by you with any other party, whether related or unrelated to our Interface or Services, are not relevant to, and shall not be the responsibility of, the Project.
11.4 You have sufficient knowledge and experience in finance, business matters, blockchain matters, and digital asset matters to be able to evaluate the merits and risks of such investments, to be able to bear the full loss of such investments without jeopardizing your financial position, and to be able to bear the full economic risk of such assets for an indefinite period of time and to the full extent.
11.5 You further represent that you have been given the opportunity to ask questions of the Project and have received the Project's responses in relation to this Agreement, and that the Project has fully disclosed to you the risks that may occur and the high risk nature of the industry, all of which you have accepted.
11.6 You undertake that the fees used for transactions, payments made to the Project and/or any funds transferred to the Project's chained address through your instructions or operations when using the Services will never come from an unlawful source, and that you have not used the proceeds of any criminal or unlawful activity to carry out any of the acts under this Agreement, or else you will bear all the consequences at your own expense, and that the Project will not be liable for any form of damages, and retains all the rights to claim compensation from you. The Program shall not be liable for any damages of any kind and reserves the right to claim full compensation from you.
11.7 You are fully aware that the Services provided by the Project will never touch any of your funds deposited on the Chain or on a centralized exchange, and that the Project has nothing to do with any loss of funds incurred by you in the use of the Services.
11.8 You are well aware that the Project does not make any representations or warranties as to the quality, suitability, truthfulness, usefulness, accuracy or completeness of the data provided and that you should not rely on such data for any reason. You understand and agree that the value of digital assets can be volatile and we are not responsible or liable for any losses you may suffer as a result of using or transferring digital assets in connection with our Services.
11.9 You are well aware that the Project only provides blockchain technology services and does not have any technology, qualification or knowledge in investment, and that you can only obtain objective data on the situation by using the services provided by us and cannot rely on such data to conduct any transactions or engage in any activities, and that the on-chain activities made by you are all based on your own judgment.
11.10 You are fully aware that all services provided by the Project are based on the blockchain chain technology only, which are neutral and independent services, and the Project does not have any ability or technology to know the true purpose and motive of your choosing to use the Project's services, nor can it deduce your true purpose and motive from your use of the Project's services. You shall be solely responsible for all of your actions and shall be further liable for any resulting damages to the Project.
11.11 You are well aware that the services provided by the Project are services to assist users in carrying out activities on the public chain, and such services should naturally be subject to the chain rules of the corresponding public chain, and the Project shall not be liable for any losses caused by any third party or your own parameter settings or other non-intentional acts of the Project (such losses include, but are not limited to, losses resulting from the failure to realize the transaction after you have paid the transaction fees, GAS and service fees for the transaction). (such losses include, but are not limited to, losses resulting from the failure of the transaction to materialize after you have paid the transaction fees, GAS, service fees, etc.), the Project shall not be liable for such losses.
11.12 You are well aware that we make no warranties to any end user under this Agreement and that our obligations under this Agreement are for your benefit only and not for the benefit of any other person. By entering into this Agreement, you confirm that you have not relied on any representations or warranties made by us or any Affiliated Program. We make no representations or warranties that access to the Services will be continuous, uninterrupted, timely or error-free, and cannot guarantee that your cryptographic assets will always be secure. You assume all risks associated with this.
11.13 You are fully aware that the Project will cooperate with any request from the appropriate judicial authorities for any data or information about you if you are or may be in violation of the laws of any country or region.
11.14 You agree that when you use the services provided by the Project, the Project will charge a certain amount of fees in different ways according to different services, and the billing standard and charging method of such fees will be agreed separately according to different services.
11.15 You agree that the Project may assign or transfer the Agreement, in whole or in part, without limitation, and that any assignment or transfer in violation of this Agreement shall be null and void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
12.1 You agree to defend, indemnify and hold us and our licensors and their respective employees, officers, directors and representatives (collectively, the "Project Parties") harmless from and against all monetary damages, contractual claims of any nature, and economic losses (including direct, incidental, or consequential damages) arising out of or relating to, loss of income or profits, fines, penalties, exemplary or punitive damages, and any other injuries, damages, or harm, including reasonable attorneys' fees (the "Damages"): regardless of the cause or alleged cause, regardless of whether the allegations are baseless, fraudulent, false, or lacking in merit, and regardless of the theory of recovery ( "Claims"): (i) your use of the Interface or the Services (including any use by your customers, users, employees, and others); (ii) breaches of the Terms or violations of applicable law by you, your customers, users, employees, and others; (iii) disputes between you and any third party; (iv) your alleged or actual (iv) your alleged or actual infringement or misappropriation of any third party's intellectual property or other rights; and (v) your feedback. If we are served with any third party subpoena or other mandatory legal order or proceeding in connection with any of the claims described in (i) through (v) above, then in addition to the indemnification set forth above, you shall reimburse us at our then-current hourly rate for the time and materials expended by our employees and contractors in responding to such matters and for our reasonable attorneys' fees.
12.2 If you are obliged to indemnify us, you agree that we have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle and, if so, on what terms, and you agree to cooperate fully with us in the defense or settlement of such claim.
12.3 In no event shall the Program be liable to you for any direct, indirect, special, incidental or consequential damages.
12.4 In no event shall we, our affiliated programs and service providers, or any of our directors, agents, employees, or representatives be liable to you for any lost profits or any special, indirect, intangible, or incidental damages. whether based on contract, tort, negligence, strict liability or otherwise, arising out of or in connection with the authorized or unauthorized use of the services or this agreement, even if our authorized representatives have been advised of, know, or should have known of the possibility of such damages. For example (and not to the exclusion of the preceding sentence), you may not be able to recover damages for lost profits, lost business opportunities or other types of special, indirect, intangible or incidental damages.
12.5 In no event shall we be required to deliver any Digital Assets to you as damages, or for specific performance or any other remedy. If you calculate damages in any way based on the value of the Digital Assets, you and we agree that such calculation shall be based on the lowest value of the Digital Assets at the time the claim arose and damages were awarded.
12.6 We shall not be liable for any damages caused in whole or in part by
a. Any computer or digital asset network failures, or accidents, including but not limited to losses related to network forks, replay attacks, double payment attacks, Sybil Attacks, 51% Arithmetic Attacks, Governance Disputes, Mining Difficulties, Cryptography or Consensus Rule Changes, Hacking Attacks, or Cybersecurity Vulnerabilities.
b. Your inability to use or delay in using an interface or feature, including any damages resulting from: (i) termination of the Terms or your use of or access to an interface or feature; (ii) our suspension or discontinuance of any or all of an interface or feature; or (iii) an unanticipated or unplanned downtime of all or part of an interface or feature for any reason;
c. Cost of procuring substitute goods or services;
d. any investment, expenditure or commitment made by you in connection with the Terms or your use of or access to the Interface or the Features;
e. unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any of your data
f. changes in the value of any digital asset;
g. any change in law, regulation or policy; or
h. Force majeure.
The foregoing limitation of liability applies whether or not any other provision of this Agreement is breached or proved invalid.
12.7 The total liability of the Project to you in any event will not exceed $100.
13.1 If either party is unable to perform its obligations under this Agreement as a result of a Force Majeure event, that party shall immediately notify the other party and provide proof within a reasonable period of time.
13.2 Force majeure events include, but are not limited to, epidemics, floods, unusual weather, earthquakes or other acts of God, fires, wars, riots, commotions, labor disputes, accidents, governmental actions, communications, power failures, failures of banking practices, or failures of equipment or software, including network splits or "forks" or unexpected changes in computer networks dependent on the Services. Unexpected changes in computer networks.
13.3 The obligations of the affected Party shall be suspended during the period of force majeure and performance shall resume as soon as the force majeure event is over.
14.1 You shall be solely responsible for and shall pay all taxes arising from the use of the Services.
14.2 The Project will provide you with the necessary tax documents or information in accordance with applicable laws and regulations.
15.1 You may provide us with feedback or otherwise submit questions and inquiries through certain interfaces ("Feedback"). We welcome your feedback or inquiries regarding improvements or updates to interfaces or features. We will endeavor to review your Feedback, but are under no obligation to do so or to post any changes or improvements that you submit to us based on your Feedback.
15.2 You acknowledge and agree that we will own all right, title and interest in and to all Feedback submitted by you. You represent and warrant that (i) you and your licensors own all right, title and interest in and to your Feedback; and (ii) you will not infringe the intellectual property rights or other rights of any third party in providing Feedback to us.
16.1 The interpretation, validity and performance of this Agreement and your use of the Interface and the Services shall be governed by the laws of Singapore without regard to its conflict of laws rules.
16.2 Any dispute, controversy, difference or claim arising out of or in connection with this contract, including its existence, validity or termination, shall be referred to and resolved by arbitration at the Asia Pacific Court of International Arbitration (Singapore) and shall be conducted in accordance with the arbitration rules of the arbitration institution selected above in force at the time of the submission of the arbitration claim. The place of arbitration shall be Singapore, the language to be used in the arbitration proceedings shall be English, the number of arbitrators shall be one and the law applicable to the arbitration shall be the law of Singapore. The arbitral award shall be final and binding on the parties. Unless prohibited by applicable law, you agree that any claim you have against us will be brought separately, and that you will not consolidate such claims with those of any other person or entity, or bring, join or participate in a class action against us. No arbitration will be consolidated or aggregated with any other arbitration, and the arbitrator will not have the authority to do so, nor will he or she have the authority to render an award to any person or entity that is not a party to a separate arbitration to which you are a party, and no arbitrator will preside over any form of class action involving you and us. You further agree to expressly waive the right to a jury trial.
16.3 If you have been using the Interface or the Services, and therefore agree to this Agreement, but ultimately decide to discontinue your use based on an update to any of the Terms, your agreement to arbitrate any disputes with us and your waiver of any class action or representative claim will remain in full force and effect.
17.1 The headings in this Agreement are for convenience of reference only and do not constitute an interpretation of the contents of this Agreement.
17.2 This Agreement constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes all prior agreements and understandings between the parties, whether written or oral.
17.3 Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision now or in the future, nor does it limit our right to enforce that provision at a later date. All waivers made by us must be in writing to be effective.
17.4 If any part of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. Any invalid or unenforceable part will be construed as fulfilling the intent of the original part. If such interpretation is not possible, the invalid or unenforceable part will be severed from this Agreement, but the remainder of this Agreement will remain in full force and effect.