1. Definitions Used in the Agreement.
- LMS Vault Ltd (the “Licensor”) makes available to the User the marketplace (“https://market.letmespeak.org/”) (the “Marketplace”) and the swap function (“https://market.letmespeak.org/swap”) (the “Swap Function”) via the website (“https://market.letmespeak.org/”) (the “Site”) which, with any other features, tools and/or materials made available from time to time by the Licensor, are referred to herein as the "Tools".
- The Licensor has no continuing obligation to operate the Tools and the Site and may cease to operate one or more of the Tools in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.
- The User means a person is a User of the Site or any of the Tools.
- The Licensor means the owner of exclusive property rights to Site and the Tools, including the design elements, text, graphics, pictures, videos, scripts, software, music, sounds and other objects and their compilations as well as databases generated as a result of use of those objects mentioned above.
- The Tools are provided on an "as is" and "as available" basis and may contain defects and software bugs. You are advised to safeguard important data, property and content, to use caution, and not to rely in any way on the correct or secure functionality or performance of the Tools.
- The in-game currency (“LSTAR”) is issued by LMS Vault Ltd (Bahamas) for use within the game “LetMeSpeak” (the “Game”). LMS Vault Ltd has no liability for or control over the use of LSTARs within the Marketplace or Swap Function which are software applications which may be used by Users to access the supporting blockchain. The supporting blockchain is neither owned nor controlled in any way by LMS Vault Ltd or Licensor.
2. Status of the Agreement.
- This Agreement has been developed by the Licensor and contains the terms and conditions of use of the Site and the Tools as well as the rights and obligations of the Users and the Licensor.
- This Agreement shall be binding for the User and the Licensor; the subject matter of the Agreement shall be provision to the User of access to the Site and the Tools and their functions by the Licensor. All specialized documents governing the granting of access to certain, including additional, functions of the Site and the Apps contained on respective webpages in the Internet shall be an integral part of this Agreement between the User and the Licensor.
- You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. The Site is a global platform and by accessing the Site or Tools, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access such Tools and the Site and enter into arrangements as provided by the Tools. You further represent that you are otherwise legally permitted to use the Site and the Tools in your jurisdiction including owning cryptographic tokens, and interacting with the Site or Tools in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that the Licensor is not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.
This Agreement may be unilaterally amended and/or supplemented by the Licensor without special notification. This Agreement is a public, generally accessible document. The applicable version of the document can be found at https://www.letmespeak.org/terms-of-use. The Licensor recommends the Users to regularly check the terms and conditions of this Agreement for any amendments and/or supplements hereto. By continuing use of Site and/or the Tools after any amendments and/or supplements to this Agreement take effect, the User accepts and consents to such amendments and/or supplements.
- The Licensor does not own and is not responsible for the Game. The licensors and owners of the Game are in no way responsible for the Site, the Tools or any of their respective content.
- The User is an individual (i.e. a natural person acting solely for their own benefit) registered as applicable in accordance with this Agreement.
- By using the Site and the Tools, the User has agreed with the terms and conditions of this Agreement and undertake the rights and obligations set forth herein related to the use and functioning of the Site and the Tools.
- You agree to use the Site and/or Tools for your personal use and benefit only. The Site and/or Tools may not be used for commercial purposes by any person whether acting individually or in coordination with others.
- No individual user may have more than one account for accessing the Site and/or Tools. You agree to you hold the wallet associated with your account in your own name and solely for your own benefit.
- You affirm that you are over the age of 13, as the Tools are not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE TOOLS OR THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
4. When using The Site and/or the Tools, the User shall not:
- use the Site and/or the Tools in any way other than through the interface provided by the Licensor, except when such use by the User is clearly authorised in a separate agreement with the Licensor;
- reproduce, duplicate, copy, sell, trade and resell access to the Site and/or the Tools, including the additional functionality thereof, for any purposes, except when such User's actions are expressly authorised in a separate agreement with the Licensor; or
- engage in conduct deemed contrary to the spirit of the Site or the Tools as determined by the Licensor in its sole discretion.
- If the Licensor determines that you have breached the letter or spirit of this Agreement it may terminate your access to the Site and/or the Tools and/or any aspect of either of them including but not limited to the ability to earn LSTARs.
- In this Agreement and other specialized documents, the Licensor shall mean LMS Vault Ltd., a company incorporated in accordance with the laws of the Bahamas and registered at Amicorp Bahamas Management Limited, Bahamas Financial Centre, 3rd Floor Shirley and Charlotte Streets, P.O. Box N04865, Nassau, Bahamas.
- Any inquiries, proposals and claims from individuals and legal entities addressed to the Licensor in connection with this Agreement and any issues regarding functioning of the Site and/or the Tools, infringement of rights and interests of third parties while using the Site and/or the Tools and requests from persons authorised in accordance with the laws of the Bahamas shall be sent to the postal address of the Site and/or the Tools provided in clause 4.1. of this Agreement.
- Neither of the provisions of this Agreement shall entitle the User to use the company name, trademarks, domain names and other identification signs of the Licensor. The right to use the company name, trademarks, domain names and other identification signs of the Licensor may be granted exclusively in an agreement with the Licensor in writing.
- After the User’s registration is complete, the Licensor shall undertake the rights and obligations to the User specified in this Agreement.
6. The Licensor shall be entitled to:
- at any time at its own discretion unilaterally change the design, content and structure of the Site and/or the Tools, change or supplement the used scripts, software and other objects used or stored on the server and visualised for the Users;
- where necessary, send the Users notifications regarding use of the Site and/or the Tools by e-mail;
- suspend, limit or withdraw access of the registered User to all or any sections of the Site and/or the Tools with or without prior notification;
- at its own discretion without prior notification and/or without assigning any reasons thereof:
- change, improve, limit, suspend or terminate operation of the Site and/or the Tools and any of its sections and/or materials;
- deny access to the Site and/or the Tools and/or any of sections thereof to any unregistered User.
- In no event shall the Licensor be liable to the Users and/or any third parties for any direct, indirect or accidental damage, including loss of profit or loss of data, any reputational or moral damage or damage to business reputation incurred in connection with or out of use of the Site and/or the Tools or unauthorised placement by the Users of intellectual deliverables owned by third parties in the Site and/or the Tools.
7. Intellectual Property Rights.
- All materials used and contained within the Tools and the Site, any intellectual deliverables, including design elements, text, graphics, pictures, videos, scripts, software, music, sounds and other objects and compilations thereof (hereinafter referred to as the “Content”), as well as the Site and/or the Tools itself shall be the intellectual property of the Licensor and shall be protected by provisions of the effective intellectual property laws of the Bahamas and applicable regulations of international legal treaties. All rights to these objects are reserved.
- Except when stipulated by these Terms and effective laws of the Bahamas, no Content may be copied (reproduced), reprocessed, distributed, shown in a frame, published, downloaded, transferred, sold or used otherwise in full or in part without prior permit of the copyright holder, except for cases when the copyright holder expressly provided their consent to free use of the Content by any person. The Content shall not be reproduced, copied, collected, systematised, stored, transferred for the purpose of generating a database for commercial and/or non-commercial purposes and/or used in full or in part, regardless of the uses, without the Administration's consent.
- Any use of the Site and/or the Tools or the Content, except for the use authorised in this Agreement or expressly authorised by the copyright holder, shall be absolutely forbidden unless there is a preliminary permit of the copyright holder in writing.
- Unless otherwise expressly stipulated by this Agreement, nothing in this Agreement may be considered as transfer of exclusive rights to the Content.
8. The Site and/or the Tools Functionality.
- The information system and software of the Site and/or the Tools do not have any technical solutions for automated censorship and control of activities and informational relations of its Users regarding the use of the Site and/or the Tools, except for special technical solutions which may be implemented by the Licensor for the purposes of preventing and restraining infringement of third-party intellectual property rights.
- The Licensor reserves the right to change, at any time, the design of the Site and/or the Tools, its content, functions, change and supplement the scripts, software and other objects used or stored therein as well as any server-based applications at any time with or without prior notification.
- The Licensor shall be entitled to use any statistical information related to the Site and/or the Tools functioning and Users' information for the purposes of targeted advertising to various User groups. For the purposes of ensuring functioning and technical support and implementation of this Agreement, the Licensor shall have technical capabilities for accessing Users' personal pages, which shall be exercised only in cases stipulated by this Agreement.
- The Licensor shall be entitled to send information about development of the Site and/or the Tools and its functionality and advertise its own activities to the User.
9. Representations and Risks
You acknowledge and agree that your use of the Tools and the Site is at your sole risk. The Tools and the Site are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that the Licensor has no obligation to take any action regarding: which users gain access to or use the Tools; what effects the Tools may have on you; the characters you own; how you may interpret or use the Tools; or what actions you may take or fail to take as a result of having been exposed to the Tools. You release the Licensor from all liability for your inability to access to the Site, Tools or any content therein. The Licensor is not and cannot be responsible for and makes no representations, warranties or covenants concerning any Content contained in or accessed through the Site, Tools, and the Licensor will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Tools.
- Sophistication and Risk of Cryptographic Systems
By utilizing the Tools, the Site or interacting with the Tools or platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Solana (SOL), smart contract based tokens and blockchain-based software systems.
- Risk of Regulatory Actions in One or More Jurisdictions
The Licensor and SOL could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Tools or Solana blockchain.
- Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, cryptocurrencies and the Tools, which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Tools you acknowledge and agree to undertake these risks.
- Use of Crypto Assets
Some Tools allow the use of blockchain technologies. You acknowledge and agree that such blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Solana blockchain. The Licensor does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets; the Licensor does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the Licensor cannot be held liable for changes and fluctuations in value or increased costs.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Licensor will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Solana network or any sidechain or similar device for processing transactions, however caused.
- Application Security
You acknowledge and agree that the Site, the Tools and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Site, Tools or related content and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Tools. You further expressly acknowledge and agree that Solana applications can be written maliciously or negligently, that the Licensor cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the Licensor in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Tools or the Site.
- Third Party Providers
The Licensor neither owns nor controls Google Chrome, the Solana network or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Tools. The Licensor shall not be liable for the acts or omissions of any such third parties, nor shall the Licensor be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
You are solely responsible for determining what, if any, Taxes apply to your character related transactions, and any other transaction conducted by you. The Licensor does not, and will not, have any insight into or control over any transactions conducted by you in the Site and/or the Tools, and is not responsible for determining the Taxes that apply to your transactions entered through the Tools or otherwise involving any character, or any other related transaction, and is not to act as a withholding Tax agent in any circumstances whatsoever.
- Uses of the Tools
You acknowledge and agree that the Tools do not store, send, or receive characters. This is because characters exist only by virtue of the ownership record maintained on the Tools' supporting blockchain in the Solana network. Any transfer of a character occurs within the supporting blockchain in the Solana network, and not within the Tools.
- Risks of Changes to Solana Platform
Upgrades by Solana to the Solana platform, a hard fork in the Solana platform, or a change in how transactions are confirmed on the Solana platform may have unintended, adverse effects on all blockchains using a Solana standard.
10. Transactions and Feeds
- If you elect to purchase, trade, or sell a character or other non-fungible token ("NFT") with or from other users via the Tools, any financial transaction that you engage in will be conducted solely through the Solana network. The Licensor will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, the Licensor will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Tools, or any other transactions that you conduct via the Solana network or otherwise.
- Solana requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the Solana network. The Gas Fee funds the network of computers that run the decentralized Solana network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Tools. You accept that the payment of the Gas Fee is inherent to the nature of the Solana network and alien to the Licensor or due to the use of the Tools.
- You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Tools (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of any NFT and any activity conducted by you in the Site and/or the Tools). Except for income taxes levied on the Licensor, you: (i) will pay or reimburse the Licensor for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to the Licensor pursuant to these Terms.
12. Limitations of Liability
12.1 YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND TOOLS. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND TOOLS MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND TOOLS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES, THE DAO, NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE FOUNDATION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR TOOLS; THE USE OR THE INABILITY TO USE THE SITE OR TOOLS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR TOOLS; ANY ACTIONS THE FOUNDATION TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE TOOLS); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR TOOLS OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR TOOLS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12.2 THE LICENSOR HEREBY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT.
12.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LICENSOR, ITS DIRECTORS, OFFICERS AND EMPLOYEES DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE TOOLS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE TOOLS WILL BE ACCURATE, (III) THE TOOLS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE TOOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE TOOLS WILL BE SECURE.
12.4 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND THE DAO HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE.
12.5 THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SOLANA NETWORK OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE TOOLS, SOLANA NETWORK, OR ANY ELECTRONIC WALLET.
12.6 CHARACTERS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE SOLANA NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE SOLANA PLATFORM. THE LICENSOR HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS.
12.7 LSTARS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE SOLANA NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE SOLANA PLATFORM. THE LICENSOR HAS NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS. THE LICENSOR MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL OR OTHERWISE DEAL IN LSTARS.
12.8. THE LICENSOR IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE SOLANA NETWORK OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE SOLANA NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
12.9 YOU UNDERSTAND AND AGREE THAT THE LICENSOR, ITS OFFICERS, EMPLOYEES AND DIRECTORS, WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.10 YOU AGREE THAT THE LICENSOR’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE TOOLS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO THE LICENSOR UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
12.11 YOU ACKNOWLEDGE AND AGREE THAT THE LICENSOR HAS MADE THE TOOLS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. THE LICENSOR WOULD NOT BE ABLE TO PROVIDE THE TOOLS TO YOU WITHOUT THESE LIMITATIONS.
12.12 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
13. Final Provisions.
- This Agreement represents an entire agreement between the User and the Licensor with respect to the terms and conditions of use of the Site and the Tools and its functionality and shall supersede any previous Agreements between the User and the Licensor.
- This Agreement shall be governed and construed in accordance with the laws of the Bahamas. All issues not regulated by this Agreement shall be governed by the laws of the Bahamas.
- By accepting the terms and conditions of this User Agreement in accordance with clause 3.3 of this Agreement, the User consents to transfer and use of his/her personal data collected by the Licensor by third parties for the purpose of implementation of this Agreement and ensuring better performance of the Site and/or the Tools.
- By accepting the terms and conditions of this Agreement in accordance with clause 3.3 of this Agreement, the User confirms that he/she has read and understood the internal fees set by the Licensor for use of the Site and the Tools.
- By accepting the terms and conditions of this Agreement in accordance with clause 3.3 of this Agreement, the User also consents to processing of his/her personal data collected by the Licensor for the purpose of distribution of information about any existing and new services in the Site and/or the Tools, other information about the Site and/or the Tools and the Licensor in a short message to the mobile phone number indicated by the User upon his/her registration, e-mail, by any other means through the Site and/or the Tools, and to receiving advertising materials about existing and/or launched products and services provided by the Licensor as well as receiving information using the above mentioned contact details for the entire validity period of this Agreement and during 1 year after the end of use of the Site and/or the Tools by the User.
- the Site and/or the Tools and its functionality, including all scripts, applications, content and website design are provided “AS IS”. The Licensor hereby waives any guarantees about suitability of the Site and/or the Tools or their functionality for any particular purposes of use. The Licensor may not guarantee or promise any particular results of use of the Site and/or the Tools and/or its functionality;
- In no event, the shall Licensor or its representatives be held liable for the benefit of the User or any other third parties for any indirect, consequential or accidental damage, including loss of profit or loss of data, any reputational or moral damage or damage to business reputation suffered in connection with use of the Site and/or the Tools, its content or other materials to which you or any other individuals gain access, even if the Licensor has warned or informed you about the possibility of such damage.
- In case of any disputes or disagreements related to implementation of this Agreement, the User and the Licensor shall use their best efforts to settle such disputes by negotiation. If any dispute may not be settled by negotiation, such dispute shall be settled as applicable in accordance with the effective laws of the Bahamas and shall be subject to the exclusive jurisdiction of the courts of the Bahamas.
- This Agreement shall take effect for the User upon his/her acceptance hereof and shall be effective for an unlimited period of time.