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ntials you use to access any component of the Site, the aelf chain, your Wallet, or third-party applications. You represent and warrant that you are familiar with and accept the risks associated with digital applications, digital identity, private keys, and the importance of keeping these secure, and other related risks.
4. Our Content
4.1. Rights to Site Content.
Unless otherwise indicated by us in writing, we own all rights to our Site and all related content and features, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, logos, and graphics available on, through, or in connection with any part of the Site (altogether, “Site Content”). Except where specifically attributed to someone else, we own all necessary moral, proprietary, and licensing rights related to Site Content, which is protected by copyright, trademark, and other applicable intellectual property laws and international conventions all around the world. You are not permitted to use our trademarks or copyrighted material without first receiving our written consent or the consent of the owner of the marks.
4.2. Use of Open-Source Code.
Some components of the Site and related services or features may include certain open source components that are subject to open source software licenses owned by one or more third parties (the “Open Source Code”). Your use of any Open-Source Code or any components of our Site is not subject to the provisions of these Terms and Conditions but, instead, is subject to the licence terms accompanying the Open-Source Code. Nothing in these Terms and Conditions limits your rights under, or grants you rights superseding, the terms of any Open-Source Code.
4.3. Copying Our Site or Content.
Unless otherwise expressly provided in these Terms and Conditions, you are prohibited from, and agree not to, copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, or otherwise commercially exploit any part of the Site or any Site Content without first obtaining our express written permission.
4.4. Your Limited Licence.
If you are eligible to use the Site, we grant you a limited licence to access and use the Site and our Site Content in accordance with these Terms and Conditions, and to download or print a copy of any Site Content that you are authorised to access, but solely to the extent you use the copies for your own personal, non-commercial use.
4.5. Third-Party Products.
In addition to or as part of our Site Content, third parties may advertise, make commercial offers, or provide you with information, products, or services, including through third-party integrations and links to other websites (collectively, “Third-Party Products”). Third-Party Products may be governed by separate agreements or licences with those third parties. We offer no guarantee and assume no responsibility or liability of any kind for Third-Party Products or their providers, including but not limited to your use of any content or features available through third-party sites. You understand and agree that you are responsible for the consequences of your use of any Third-Party Products, and that we bear no responsibility or liability for Third-Party Products or the actions of any third parties. We are not responsible for the actions of any third party or their compliance or noncompliance with any applicable laws or regulations.
4.6. Purposes of Content.
All Site Content is provided to you for informational purposes only. To the extent permitted by law and subject to clauses 8.6 and 8.7, we disclaim all liability in relation to your use of any Site Content. All other information, services, or features of third parties (whether available through our Website, on any Social Media, or by other means) is also for informational and educational purposes only. No party of any Site Content or third-party content should be construed as an endorsement by aelf to use any part of the Site or any products or services whatsoever. No Third-Party Products should be considered an endorsement of aelf. To the extent you use Third-Party Products or otherwise engage with third parties or third-party sites, links, or pop-ups, you do so at YOUR OWN RISK.
4.7. Notifying Us of improper Copyright or Trademark use.
If you are, or are authorised to act on behalf of, a copyright or trademark owner, and if you believe in good faith that your copyrighted work or trademark has been copied in a way that constitutes infringement of your intellectual property rights, then please provide us with written notice via mail or email (as specified in clause 1.3). Upon receipt of your notice, we will take whatever action we deem appropriate under the circumstances and applicable law, in our sole discretion.
4.8. Disclaimer of Warranties.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that our Site Content is accurate, complete, or up to date. The Site is provided to you AS IS and AS AVAILABLE, with all faults. We expressly disclaim all liability for any inaccuracies in the Site, Site Content, or information processed through our systems or provided by any third party. We disclaim all warranties, express or implied, with respect to the Site, Site Content, and Third-Party Products including but not limited to any warranty of fitness for a particular purpose, merchantability, or good and workmanlike product or service. Additionally, we do not guarantee our Site will be secure or free from bugs, viruses, or other malware. You should not interpret any Site Content or any communications from us as advice of any kind, including but not limited to financial advice. You should seek professional or specialist advice before you ever consider acting or not acting on the basis of any Site Content. We are not liable for any errors in actions taken in reliance Site Content or any communications you may receive from us, including with respect to the release of any tokens or funds.
5. Your Content
5.1. Our Use of Your Content.
The Site may provide you with opportunities to upload, display, or transmit data or other content (together, “User Content”). As part of these Terms and Conditions and subject to our
Privacy Policy
, you grant us a perpetual, irrevocable, worldwide, fully paid, non-exclusive, and non-sublicensable right and license to use and exploit any User Content in any form. We retain the unlimited right and exclusive discretion to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives of, manufacture, publish, distribute, sell, licence, transfer, lease, or transmit any User Content. We also reserve the right to incorporate any User Content as part of the Site or any Site Content, or into any other material.
5.2. Your Feedback.
No User Content you submit will be deemed to establish any additional or separate contractual relationship between you and us outside the provisions of these Terms and Conditions.
5.3. Your Waiver of Moral Rights.
Except to the extent prohibited by law, you agree to waive any intellectual property interest or other “moral rights” you may have in the User Content in any competent jurisdiction.
5.4. Your Right to Submit Content.
You represent and warrant that no User Content you upload through the Site in any way infringes on the copyright, trademark, patent, trade secret, or other intellectual property right of any third party.
5.5. Prohibited Content.
You represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of personal privacy, threatening, harassing, abusive, hateful, racist, or otherwise objectionable, inappropriate, or which would otherwise violate clause 2.3.
5.6. Our Removal of Content.
We may remove any User Content or related content or elements from our Site at our sole discretion, and you understand and agree that we are not liable for removing or not removing any User Content or other content for any reason. We reserve the right to review any User Content. We may, in our discretion, take any appropriate action against you if you upload User Content in violation of these Terms and Conditions.
6. Site Management
6.1. Our Functions.
We reserve the right, but not the obligation to do any of the following:
a. Monitor the Site for breaches or violations of these Terms of Use;
b. Take appropriate legal action against anyone who, in our sole discretion, violates any applicable laws or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
c. In our sole discretion and without limitation, disable access to the Site to address any hacks, exploits, system vulnerabilities, or anything that is in any way a burden to our systems; and
d. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of our Site.
6.2. Site Uptime.
We cannot guarantee or make any assurances of any kind that our Site will always be available and free from defects, viruses and malware and we expressly disclaim all warranties under clause 4.8. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. We are not obligated to maintain and support the Site or supply any corrections, updates, or releases.
7. Information Collection
7.1. Privacy of Your Information.
To use certain features of the Site, you may be required to provide us with your personal information, including but not limited to your name, address, and contact details. Our use of your personal information is subject to the terms of our
Privacy Policy
which is incorporated in these Terms of Use. Any data collected about you or from you by third parties on our behalf is also subject to our Privacy Policy.
7.2. Collecting Anonymised Data.
When you use the Site, we may monitor your computer or mobile device’s memory to ensure the Site is performing properly. During this process, we may collect anonymised data from you or your device and use it to inform our Site’s continued development.
8. Limitation of Liability
8.1. Scope of Limitations.
All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law), which we expressly disclaim in clause 4.8, as well as the liability we disclaim under this Section 8, are excluded to the fullest extent permitted by applicable law.
8.2. Force Majeure.
We will not be responsible for any delay or failure to comply with our obligations under these Terms of Use if our delay or failure is caused by an event reasonably beyond our control.
8.3. Your Acceptance of Risks.
You warrant that you understand and accept the inherent security risks of providing information over the internet and dealing online, and you agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence. Any information you send or receive while using the Site may not be secure and may be intercepted or later acquired by unauthorised parties. Your use of the Site and any related features or tools is at your own risk. You accept that in using any of the Site, Wallet or Chain, you are additionally subject to and understand and accept all other associated risks such as ownership expectations, technology risk, token risk and market risk as described in clause 4 (Assumption of risks) in our Supplemental Wallet Terms.
8.4. Liability Cap.
Notwithstanding anything to the contrary contained in these Terms and Conditions, our liability to you (for any cause whatsoever and regardless of the form of action) will at all times be limited to no more than a total aggregate amount equal to the greater of (a) the sum of $10,000 (USD) or (b) the amount paid, if any, by you to us for the use of any part of the Site during the 6-month period preceding the rise of any lawful cause of action.
8.5. Our Responsibility for Loss or Damage.
Regardless of whether you are a consumer or business user, we do not exclude or in any way limit our liability to you where it would be unlawful, such as liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or contractors, or for fraud or fraudulent misrepresentation. We will not be responsible or liable to you for any losses you incur resulting from your use of the Site, your Wallet (if applicable), any other wallet (whether or not accessible from our Site) or any third-party dApps (whether or not accessible from our Site). To the extent permitted by law, we will not be responsible for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Site, or with your use of or reliance on any content displayed or otherwise obtained on or through our Site. Our exclusion from liability includes but is not limited to the following:
a. Loss of profits, sales, business, or revenue;
b. Business interruption;
c. Loss of anticipated savings;
d. Loss of business opportunity, goodwill or reputation;
e. Any indirect or consequential loss or damage;
f. Any damage suffered from unauthorised access or activities by third parties, including the use of viruses, phishing, brute forcing, or other means of attack against the Site, the Chain, or your Wallet;
g. Any user error, such as forgotten private keys or incorrectly construed smart contracts or other transactions;
h. Any server failure or data loss, including loss of private keys;
i. Corrupted wallet files; and
j. Infringement of intellectual property rights by other users.
8.6. Our Additional Responsibility if You Are a Consumer.
If you are a consumer user of the Site, you agree that we have no liability to you for any loss of profit, loss of business or business opportunity, or business interruption resulting from your use of our Site for any commercial or business purposes. As a consumer, you may have legal rights in specific jurisdictions in relation to goods that are faulty or not as described. Nothing in these Terms of Use will affect these legal rights.
9. User Representations
9.1. Your Representations and Warranties.
By using the Site, you represent and warrant each of the following (in addition to any other representations or warranties made by you in these Terms of Use):
a. Any registration information you submit is and will be true, accurate, current, and complete;
b. You will maintain the accuracy of your information and promptly update your registration if your information changes or as otherwise necessary;
c. You have the legal capacity, and agree, to comply with these Terms of Use, including that you are at least 18 years old and will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
d. You will not use the Site for any illegal or unauthorised purpose; and
e. Your use of the Site will not violate any applicable law or regulation.
9.2. Misrepresentations.
If you provide any information that is untrue, inaccurate, not current, incomplete, or misleading, we have the right to suspend or terminate your account and refuse any and all current or future access to and use of the Site (or any part of the Site).
10. Indemnification
10.1. Our Indemnity.
You agree to defend, release, indemnify, and hold harmless us, our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including for reasonable attorneys’ fees, made by third party arising from any of the following:
a. Your use of the Site, and any unauthorised use of any of your accounts or credentials to access and use the Site;
b. Your breach of these Terms of Use or your representations and warranties set forth in these Terms of Use.
c. Your violation of the rights of any third party, including but not limited to intellectual property rights; or
d. Any overt harmful act toward any other user of the Site.
10.2. Defence of Our Indemnity.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you indemnify us under these Terms of Use, and you agree to fully cooperate, at your expense, with our defence of any related claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it. Our indemnity under this Section 10 is in addition to, and not in lieu of, any other indemnities set forth in any other written agreement between us and you.
11. Term and Termination
11.1. Your Right to Not Use the Site.
These Terms and Conditions will remain in full force and effect when you use any part of or maintain any account through the Site. You may terminate your use or participation at any time, for any reason, by directing yourself away from the Site or following the instructions for terminating your account in your account settings on the Site, if available, or by contacting us
here
. You can choose to voluntarily terminate your account with us by providing us with written notice, and, in doing so, you accept the following conditions:
a. You are responsible for removing your digital assets from the account prior to close;
b. Any digital assets or other items or information you leave in a closed account may not be able to be retrieved, and we disclaim any corresponding liability to you; and
c. Your chosen user credentials will be locked, and you will not be able to use them again to create a new account.
11.2. Our Right to Restrict Access.
Without limiting any other provision of these Terms of Use, we reserve the right, in our sole and absolute discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses), to any person and for any reason, including but not limited to your breach of any representation, warranty, or covenant contained in these Terms of Use or violation of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site in any way breaches these Terms of Use, violates any applicable law or regulation, poses a security risk to our Site or any third party, or potentially subjects us or our affiliates to any third-party liability, then we may terminate your use of or participation with the Site or delete any of your accounts, User Content, or other information, without warning and at our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of your principal or other third party.
11.3. Our Right to Seek Redress for your Breach.
If we determine that your use of the Site in any way breaches these Terms of Use, violates any applicable law or regulation, poses a security risk to our Site or any third party, or potentially subjects us or our affiliates to any third-party liability, then we also reserve the right to take appropriate legal action against you, including but not limited to pursuing civil, criminal, and injunctive redress, if and as applicable. We may investigate and prosecute violations of these Terms of Use to the fullest extent permitted by law. We may also notify and cooperate with law enforcement or ot프로젝트로 돌아가기