From 08f913c651e499f07e1291223b2b574f86adc907 Mon Sep 17 00:00:00 2001 From: Bradley Suira Date: Wed, 31 May 2023 16:41:56 -0500 Subject: [PATCH] feat: updated terms of use --- package.json | 2 +- src/locales/cb/terms.html | 1527 +++++++++++++++---------------------- src/locales/en/terms.html | 1527 +++++++++++++++---------------------- src/locales/es/terms.html | 1527 +++++++++++++++---------------------- src/locales/ph/terms.html | 1527 +++++++++++++++---------------------- src/locales/pt/terms.html | 1527 +++++++++++++++---------------------- src/locales/zh/terms.html | 1527 +++++++++++++++---------------------- src/manifest.json | 2 +- 8 files changed, 3746 insertions(+), 5420 deletions(-) diff --git a/package.json b/package.json index 641338f2d..d7fdfd4e9 100644 --- a/package.json +++ b/package.json @@ -1,6 +1,6 @@ { "name": "liquality-wallet", - "version": "0.87.3", + "version": "0.87.4", "private": true, "author": "Liquality ", "scripts": { diff --git a/src/locales/cb/terms.html b/src/locales/cb/terms.html index 132d667d0..3fca9b695 100644 --- a/src/locales/cb/terms.html +++ b/src/locales/cb/terms.html @@ -1,905 +1,626 @@ +
-

- - THIS IS THE BETA VERSION OF THE LIQUALITY PLATFORM WHICH IS STILL BEING ACTIVELY - DEVELOPED. YOU ACKNOWLEDGE THE INFORMATION AVAILABLE IS NOT INTENDED TO BE RELIED ON OR - USED IN A PRODUCTION ENVIRONMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE SITE OR SERVICES - (A) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, (B) MAY FUNCTION IMPROPERLY OR BE SUBJECT TO - PERIODS OF DOWNTIME AN UNAVAILABILITY, (C) MAY RESULT IN TOTAL OR PARTIAL LOSS OR - CORRUPTION OF DATA USED IN THE SITE, AND (D) MAY BE MODIFIED AT ANY TIME, INCLUDING - THROUGH THE RELEASE OF SUBSEQUENT VERSIONS, ALL WITH OR WITHOUT NOTICE. THE ALPHA - PLATFORM IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF - COLLECTING FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND ANY DEFECTS. THANK YOU FOR - YOUR SUPPORT WHILE WE CONTINUE TO WORK ON DELIVERING A PERFECT PRODUCT. - -

-

- -

-

- -

-

- Terms of Use -

-

Version 1.0

-

Last revised on: December 6, 2018

-

- -

-

- Welcome to ConsenSys AG’s - Liquality - (“ - Liquality - ”, “ - Company - ”, “ - we - ”, “ - our - ”, or “ - us - - ”). Liquality is a client-based platform that would enable users to swap consumer tokens - on a peer-to-peer basis without an intermediary. These terms of use (“ - - Terms - ”, “ - Terms of Use - ” or the “ - Agreement - ”) govern your use of the website located at - - https://liquality.io/ - -  (the “ - Site - - ”), platform, and all related tools, applications, data, software, and other services - provided by us (the “ - - Service - - ”). Certain features of the Site and Services may be subject to additional guidelines, - terms, or rules, which will be posted on the Site in connection with such features. -  All such additional terms, guidelines, and rules are incorporated by reference - into these Terms and constitute a legally binding agreement between you and Company in - relation to your use of the Service. Any personal information submitted in connection - with your use of the Service is subject to our Privacy Policy, which is hereby - incorporated by reference into these Terms. - -

-

- -

-

- - THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF - THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE - ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU - REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO - THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER - REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN - YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH - APPLICABLE LAWS.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE - NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE - TERMS, DO NOT ACCESS AND/OR USE THE SITE AND SERVICES. - -

-

- - THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS TO - RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES - AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. - -

-
    -
  1. - TEST - SWAP TRANSACTIONS -   -
    2. -
-

- - 1.1        User Responsibilities.   - - - In order to use certain features of the Site and Services, you must connect to your - digital asset wallet.  You acknowledge that Company is not responsible for - transferring, safeguarding, or maintaining your private keys or any digital currency - associated therewith.  If you lose, mishandle, or have stolen associated digital - currency private keys, you acknowledge that you may not be able to recover associated - digital currency, and that Company is not responsible for such loss.   You agree to - only enter into a swap transaction using bitcoin (BTC) or ether (ETH) in your custody - that exists on a “testnet” blockchain.  You agree not to initiate or complete a - swap transaction using, or otherwise provide any digital currency that exists on, a - “mainnet” blockchain or any digital currency that may be considered a security under - applicable law. You acknowledge that Company is not responsible for any loss or damage - arising from your failure to comply with the requirements hereunder. - -

-

- 1.2         - Swap Amounts - . - -   You acknowledge that you may receive a lesser amount of BTC or ETH in your wallet - following the swap transaction than displayed on the swap page as a result of a portion - of such BTC or ETH being used to pay fees to miners. - -

-

- 1.3         - Company Discretion - . - -   Company has sole discretion as to whether or not to enter into a swap transaction - with you. - -

-
    -
  1. - ACCESS TO SITE AND SERVICES -
    2. -
-

- 2.1         - License - . - -  Subject to these Terms, Company grants you a non-transferable, non-exclusive, - revocable, limited license to use and access the Site and Services solely for your own - personal, noncommercial use. - -

-

- - 2.2        Certain Restrictions.   - - - The rights granted to you in these Terms are subject to the following restrictions: (a) - you shall not license, sell, rent, lease, transfer, assign, distribute, host, or - otherwise commercially exploit the Site or Services, whether in whole or in part, or any - content displayed on the Site or Services; (b) you shall not modify, make derivative - works of, disassemble, reverse compile or reverse engineer any part of the Site or - Services; (c) you shall not access the Site or Services in order to build a similar or - competitive website, product, or service; (d) except as expressly stated herein, no part - of the Site or Services may be copied, reproduced, distributed, republished, downloaded, - displayed, posted or transmitted in any form or by any means; and (e) you shall not use - the Site or Services or enter into a swap transaction other than as permitted hereunder. -  Unless otherwise indicated, any future release, update, or other addition to - functionality of the Site and Services shall be subject to these Terms.  All - copyright and other proprietary notices on the Site (or on any content displayed on the - Site) must be retained on all copies thereof. - -

-

- 2.3        Modification. - -   Company reserves the right, at any time, to modify, suspend, or discontinue the - Site or Services (in whole or in part) with or without notice to you.  You agree - that Company will not be liable to you or to any third party for any modification, - suspension, or discontinuation of the Site and Services or any part thereof. - -

-

- - 2.4        No Support or Maintenance. - - -   You acknowledge and agree that Company will have no obligation to provide you - with any support or maintenance in connection with the Site and Services. - -

-

- - 2.5        Ownership.   - - - Excluding any User Content that you may provide (defined below), you acknowledge that - all the intellectual property rights, including copyrights, patents, trademarks, and - trade secrets, in the Site and Services and its content are owned by Company or - Company’s suppliers.  Neither these Terms (nor your access to the Site and - Services) transfers to you or any third party any rights, title or interest in or to - such intellectual property rights, except for the limited access rights expressly set - forth in Section ‎2.1. Company and its suppliers reserve all rights not granted in these - Terms.  There are no implied licenses granted under these Terms. - -

-
    -
  1. - USER CONTENT -
    2. -
-

- 3.1        User Content. -   “ - User Content - - ” means any and all information and content that a user submits to, or uses with, the - Site and Services (e.g., content in the user’s profile or postings).  You are - solely responsible for your User Content.  You assume all risks associated with use - of your User Content, including any reliance on its accuracy, completeness or usefulness - by others, or any disclosure of your User Content that personally identifies you or any - third party.  You hereby represent and warrant that your User Content does not - violate our Acceptable Use Policy (defined in Section ‎3.3).  You may not represent - or imply to others that your User Content is in any way provided, sponsored or endorsed - by Company.  Because you alone are responsible for your User Content, you may - expose yourself to liability if, for example, your User Content violates the Acceptable - Use Policy.  Company is not obligated to backup any User Content, and your User - Content may be deleted at any time without prior notice.  You are solely - responsible for creating and maintaining your own backup copies of your User Content if - you desire. - -

-

- 3.2         - License. - -   You hereby grant (and you represent and warrant that you have the right to grant) - to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license - to reproduce, distribute, publicly display and perform, prepare derivative works of, - incorporate into other works, and otherwise use and exploit your User Content, and to - grant sublicenses of the foregoing rights, solely for the purposes of including your - User Content in the Site and Services.  You hereby irrevocably waive (and agree to - cause to be waived) any claims and assertions of moral rights or attribution with - respect to your User Content. - -

-

- - 3.3        Acceptable Use Policy.   - - The following terms constitute our “ - Acceptable Use Policy - ”: -

-

- (a)         - - You agree not to use the Site and Services to collect, upload, transmit, display, or - distribute any User Content (i) that violates any third-party right, including any - copyright, trademark, patent, trade secret, moral right, privacy right, right of - publicity, or any other intellectual property or proprietary right; (ii) that is - unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s - privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, - pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical - harm of any kind against any group or individual or is otherwise objectionable; (iii) - that is harmful to minors in any way; or (iv) that is in violation of any law, - regulation, or obligations or restrictions imposed by any third party or governmental - agency, including without limitation securities laws, commodities laws, money - transmission regulations, and anti-money laundering and anti-terrorism laws. - -

-

- (b)         - - In addition, you agree not to: (i) upload, transmit, or distribute to or through the - Site or Services any computer viruses, worms, or any software intended to damage or - alter a computer system or data; (ii) send through the Site or Services unsolicited or - unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid - schemes, or any other form of duplicative or unsolicited messages, whether commercial or - otherwise; (iii)  use the Site or Services to harvest, collect, gather or assemble - information or data regarding other users, including e-mail addresses, without their - consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks - connected to the Site or Services, or violate the regulations, policies or procedures of - such networks; (v) attempt to gain unauthorized access to the Site or Services (or to - other computer systems or networks connected to or used together with the Site or - Services), whether through password mining or any other means; (vi) harass or interfere - with any other user’s use and enjoyment of the Site or Services; or (vi) use software or - automated agents or scripts to produce multiple accounts on the Site or Services, or to - generate automated searches, requests, or queries to (or to strip, scrape, or mine data - from) the Site or Services (provided, however, that we conditionally grant to the - operators of public search engines revocable permission to use spiders to copy materials - from the Site or Services for the sole purpose of and solely to the extent necessary for - creating publicly available searchable indices of the materials, but not caches or - archives of such materials, subject to the parameters set forth in our robots.txt file). - -

-

- - 3.4        Enforcement.   - - - We reserve the right (but have no obligation) to review any User Content, and to - investigate and/or take appropriate action against you in our sole discretion if you - violate the Acceptable Use Policy or any other provision of these Terms or otherwise - create liability for us or any other person. Such action may include removing or - modifying your User Content, terminating your use, and/or reporting you to law - enforcement authorities. - -

-

- 3.5        Feedback. - -   Should you encounter any bugs, glitches, lack of functionality or other problems - on the website, please let us know immediately so we can rectify these accordingly. We - appreciate your feedback as it helps us develop the platform and offer the best Service - possible. If you provide Company with any feedback or suggestions regarding the Site or - Services (“ - - Feedback - - ”), you hereby assign to Company all rights in such Feedback and agree that Company - shall have the right to use and fully exploit such Feedback and related information in - any manner it deems appropriate.  Company will treat any Feedback you provide to - Company as non-confidential and non-proprietary.  You agree that you will not - submit to Company any information or ideas that you consider to be confidential or - proprietary. - -

-

- -

-

- - 3.6        Rewards.   - - - Company from time to time, in its sole discretion, may decide to offer prizes to - incentivize user participation, however, any reward or benefit offered by Company does - not create, constitute, or give rise to any legal or contractual rights in users of the - Site and Services. You acknowledge that Company has no legal obligation to provide - rewards to any contributor. - -

-
    -
  1. - INDEMNIFICATION -
    2. -
-

- - You agree to indemnify and hold Company (and its directors, officers, employees, - contractors, affiliates, representatives and agents) harmless, including costs and - attorneys’ fees, from any claim or demand made by any third party due to or arising out - of (a) your use of the Site and Services, (b) your violation of these Terms, (c) your - violation of applicable laws or regulations or (d) your User Content.  Company - reserves the right, at your expense, to assume the exclusive defense and control of any - matter for which you are required to indemnify us, and you agree to cooperate with our - defense of these claims.  You agree not to settle any matter without the prior - written consent of Company.  Company will use reasonable efforts to notify you of - any such claim, action or proceeding upon becoming aware of it. - -

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    -
  1. - THIRD PARTY LINKS - & -  ADS; OTHER USERS -
    2. -
-

- - 5.1        Third-Party Links & Ads.   - - - The Site and Services may contain links to third-party websites and services, including - digital asset wallets, and/or display advertisements for third parties (collectively, “ - - Third-Party Links & Ads - - ”).  Such Third-Party Links & Ads are not under the control of Company, and - Company is not responsible for any Third-Party Links & Ads.  Company provides - access to these Third-Party Links & Ads only as a convenience to you, and does not - review, approve, monitor, endorse, warrant, or make any representations with respect to - Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own - risk, and should apply a suitable level of caution and discretion in doing so. When you - click on any of the Third-Party Links & Ads, the applicable third party’s terms and - policies apply, including the third party’s privacy and data gathering practices. -  You should make whatever investigation you feel necessary or appropriate before - proceeding with any transaction in connection with such Third-Party Links & Ads. - -

-

- - 5.2        Other Users.   - - - Each Site and Service user is solely responsible for any and all of its own User - Content.  Because we do not control User Content, you acknowledge and agree that we - are not responsible for any User Content, whether provided by you or by others.  We - make no guarantees regarding the accuracy, currency, suitability, or quality of any User - Content.  Your interactions with other Site and Service users are solely between - you and such users.  You agree that Company will not be responsible for any loss or - damage incurred as the result of any such interactions.  If there is a dispute - between you and any Site or Service user, we are under no obligation to become involved. - -

-

- 5.3        Release. - -  You hereby release and forever discharge the Company (and our directors, officers, - employees, contractors, affiliates, representatives, agents, successors, and assigns) - from, and hereby waive and relinquish, each and every past, present and future dispute, - claim, controversy, demand, right, obligation, liability, action and cause of action of - every kind and nature (including personal injuries, death, and property damage), that - has arisen or arises directly or indirectly out of, or that relates directly or - indirectly to, the Site or Services (including any interactions with, or act or omission - of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA - RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE - FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR - DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE - RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER - SETTLEMENT WITH THE DEBTOR.” - -

-

- - 5.4        Third Party Beneficiaries.   - - - You agree that, except as otherwise expressly provided in these Terms, there shall be no - third party beneficiaries to the Terms. The Terms of Use will not be construed as - creating or implying any relationship of agency, franchise, partnership, or joint - venture between you and Company, except and solely to the extent expressly stated in - these Terms. - -

-
    -
  1. - DISCLAIMERS -
    2. -
-

- - THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY - (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY - KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR - NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND - SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, - SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER - HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES - WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO - NINETY (90) DAYS FROM THE DATE OF FIRST USE. - -

-

- -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE - EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW - LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. - -

-

- -

-
    -
  1. - FURTHER DISCLAIMERS -
    2. -
-

- - Without limiting the generality of Section 6, neither Company nor its affiliates or - licensors will have any responsibilities or liability with respect to the following: (a) - the Services could be impacted by one or more regulatory inquiries or actions, which - could prevent or limit the ability of Company to continue to develop or provide the - Services, or for you and your users to use the Services, (b) Company has no obligation - to update the Services or its underlying platforms and networks to address, mitigate, or - remediate any security or other vulnerabilities in the Services, or such platforms or - networks, and (c) portions of the Services or any other underlying networks and - platforms may rest on open-source software, and there is a risk that weaknesses or bugs - that may be introduced in the infrastructural elements of the Services or any other - underlying networks and platforms, which may result in security vulnerabilities, data - loss, damage, destructions, disclosure, or other compromises. - -

-
    -
  1. - LIMITATION ON LIABILITY -
    2. -
-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE - LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT - OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL - OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY - TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF - SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR OWN - DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR - COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.   - -

-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY - CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS - AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT - ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN - ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO - LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. - -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL - OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. -   - -

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    -
  1. - CRYPTOGRAPHIC SYSTEMS -
    2. -
-

- - You acknowledge and understand that cryptography is a progressing field. Advances in - code cracking or technical advances such as the development of quantum computers may - present risks to cryptographic systems and the Services, which could result in the theft - or loss of your property. To the extent possible, the Company intends to update the code - underlying the Services to account for any advances in cryptography and to incorporate - additional security measures, but does not guarantee or otherwise represent full - security of the system. By using the Services, you acknowledge these inherent risks. - -

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    -
  1. - PLATFORM SECURITY -
    2. -
-

- - We are an early stage platform.  You acknowledge that applications are code subject - to flaws and acknowledge that you are solely responsible for evaluating any available - code provided by the Services. You further expressly acknowledge and represent that - applications can be written maliciously or negligently, that we cannot be held liable - for your interaction with such applications. These warnings and others later provided by - us in no way evidence or represent an ongoing duty to alert you to all of the potential - risks of utilizing the Site and Services. - -

-
    -
  1. - COPYRIGHT INFRINGEMENT -
    2. -
-

- - If you believe that your copyright or the copyright of a person on whose behalf you are - authorized to act has been infringed, please provide Company a written notice containing - the following information: (a) an electronic or physical signature of the person - authorized to act on behalf of the owner of the copyright or other intellectual property - interest, (b) a description of the copyrighted work or other intellectual property that - you claim has been infringed, and (c) a description of where the material that you claim - is infringing is located on the Site. - -

-

- Company can be reached at: -

-

- Email: - - - - [email protected] - - - - ; - - - - [email protected] - - - -   -

-

- Subject Line: Copyright Notification: - Liquality -

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    -
  1. - TERM & TERMINATION -
    2. -
-

- - Subject to this Section, these Terms will remain in full force and effect while you use - the Site.  We may suspend or terminate your rights to use the Site and Services at - any time for any reason at our sole discretion, including for any use of the Site or - Services in violation of these Terms.  Upon termination of your rights under these - Terms, your right to access and use the Site and Services will terminate immediately. -  You understand that any such termination may involve deletion of your User - Content.  Company will not have any liability whatsoever to you for any termination - of your rights under these Terms, including for deletion of your User Content. -  Even after your rights under these Terms are terminated, the following provisions - of these Terms will remain in effect: Sections ‎2.2 through ‎2.5, Sections ‎3 through 8, - and Sections 11 through 14.         - -

-
    -
  1. - GENERAL -
    2. -
-

- 13.1        Changes. - -   These Terms are subject to occasional revision, and if we make any changes, we - will change the Last Updated date above.  Continued use of our Site and Services - following such notice of such changes shall indicate your acknowledgement of such - changes and agreement to be bound by the terms and conditions of such changes.. - -

-

- - 13.2        Dispute Resolution. - - - Please read this Arbitration Agreement (the “Arbitration Agreement”) carefully.  It - is part of your contract with Company and affects your rights.  It contains - procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. - -

-

- (a)         - Applicability of Arbitration Agreement. - -   All claims and disputes (excluding claims for injunctive or other equitable - relief as set forth below) in connection with the Terms or the use of any product or - service provided by the Company that cannot be resolved informally or in small claims - court shall be resolved by binding arbitration on an individual basis under the terms of - this Arbitration Agreement.  Unless otherwise agreed to, all arbitration - proceedings shall be held in English.  This Arbitration Agreement applies to you - and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in - interest, successors, and assigns, as well as all authorized or unauthorized users or - beneficiaries of services or goods provided under the Terms. - -

-

- (b)         - Notice Requirement and Informal Dispute Resolution - - .  Before either party may seek arbitration, the party must first send to the other - party a written Notice of Dispute ( - - “Notice” - - ) describing the nature and basis of the claim or dispute, and the requested relief. -  A Notice to the Company should be sent to: 49 Bogart St. #22, Brooklyn, New York - 11206.  After the Notice is received, you and the Company may attempt to resolve - the claim or dispute informally.  If you and the Company do not resolve the claim - or dispute within thirty (30) days after the Notice is received, either party may begin - an arbitration proceeding.  The amount of any settlement offer made by any party - may not be disclosed to the arbitrator until after the arbitrator has determined the - amount of the award, if any, to which either party is entitled. - -

-

- (c)         - Arbitration Rules - - .   This Agreement shall be governed by the laws of the State of New York. Any - claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or - the relationships among the parties hereto shall be resolved by one arbitrator through - binding arbitration conducted in accordance with the expedited procedures set forth in - the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules - exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those - Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment - upon the award may be entered and enforced in any court having jurisdiction. This clause - is made pursuant to a transaction involving interstate commerce and shall be governed by - the Federal Arbitration Act. Neither party shall sue the other party other than as - provided herein or for enforcement of this clause or of the arbitrator’s award; any such - suit may be brought only in a Federal District Court or a New York state court located - in New York County, New York. The arbitrator, and not any federal, state, or local - court, shall have exclusive authority to resolve any dispute relating to the - interpretation, applicability, unconscionability, arbitrability, enforceability, or - formation of this Agreement including any claim that all or any part of the Agreement is - void or voidable. - -

-

- (d)         - Additional Rules for Non-Appearance Based Arbitration - - .  If non-appearance based arbitration is elected, the arbitration shall be - conducted by telephone, online and/or based solely on written submissions; the specific - manner shall be chosen by the party initiating the arbitration.  The arbitration - shall not involve any personal appearance by the parties or witnesses unless otherwise - agreed by the parties. - -

-

- (e)         - Time Limits. - -   If you or the Company pursue arbitration, the arbitration action must be - initiated and/or demanded within the statute of limitations (i.e., the legal deadline - for filing a claim) and within any deadline imposed under the Rules for the pertinent - claim. - -

-

- (f)         - Authority of Arbitrator - - .  If arbitration is initiated, the arbitrator will decide the rights and - liabilities, if any, of you and the Company, and the dispute will not be consolidated - with any other matters or joined with any other cases or parties.  The arbitrator - shall have the authority to grant motions dispositive of all or part of any claim. -  The arbitrator shall have the authority to award monetary damages, and to grant - any non-monetary remedy or relief available to an individual under applicable law, the - Rules, and the Terms.  The arbitrator shall issue a written award and statement of - decision describing the essential findings and conclusions on which the award is based, - including the calculation of any damages awarded.  The arbitrator has the same - authority to award relief on an individual basis that a judge in a court of law would - have.  The award of the arbitrator is final and binding upon you and the Company. - -

-

- (g)         - Waiver of Jury Trial. - -   THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT - AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and - disputes shall be resolved by arbitration under this Arbitration Agreement. -  Arbitration procedures are typically more limited, more efficient and less costly - than rules applicable in a court and are subject to very limited review by a court. -  In the event any litigation should arise between you and the Company in any state - or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU - AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be - resolved by a judge. - -

-

- (h)         - Waiver of Class or Consolidated Actions - - .  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE - ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF - MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED - WITH THOSE OF ANY OTHER CUSTOMER OR USER.   - -

-

- (i)         - Confidentiality - - .  All aspects of the arbitration proceeding, including but not limited to the - award of the arbitrator and compliance therewith, shall be strictly confidential. -  The parties agree to maintain confidentiality unless otherwise required by law. -  This paragraph shall not prevent a party from submitting to a court of law any - information necessary to enforce this Agreement, to enforce an arbitration award, or to - seek injunctive or equitable relief. - -

-

- (j)         - Severability - - .  If any part or parts of this Arbitration Agreement are found under the law to be - invalid or unenforceable by a court of competent jurisdiction, then such specific part - or parts shall be of no force and effect and shall be severed and the remainder of the - Agreement shall continue in full force and effect. - -

-

- (k)         - Right to Waive. - -   Any or all of the rights and limitations set forth in this Arbitration Agreement - may be waived by the party against whom the claim is asserted.  Such waiver shall - not waive or affect any other portion of this Arbitration Agreement. - -

-

- (l)         - Survival of Agreement - - .  This Arbitration Agreement will survive the termination of your relationship - with Company.   - -

-

- (m)         - Small Claims Court. - -   Notwithstanding the foregoing, either you or the Company may bring an individual - action in small claims court. - -

-

- (n)         - Emergency Equitable Relief - - .  Notwithstanding the foregoing, either party may seek emergency equitable relief - before a state or federal court in order to maintain the status quo pending arbitration. -  A request for interim measures shall not be deemed a waiver of any other rights or - obligations under this Arbitration Agreement. - -

-

- (o)         - Claims Not Subject to Arbitration. - -  Notwithstanding the foregoing, claims of defamation, violation of the Computer - Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, - copyright, trademark or trade secrets shall not be subject to this Arbitration - Agreement. - -

-

- (p)         - Courts. - -   In any circumstances where the foregoing Arbitration Agreement permits the - parties to litigate in court, the parties hereby agree to submit to the personal - jurisdiction of the courts located within Kings  County, New York, for such purpose - -

-

- 13.3        Export. - - The Site may be subject to U.S. export control laws and may be subject to export or - import regulations in other countries. You agree not to export, re-export, or transfer, - directly or indirectly, any U.S. technical data acquired from Company, or any products - utilizing such data, in violation of the United States export laws or regulations. - -

-

- 13.4        Disclosures. - -   If you are a California resident, you may report complaints to the Complaint - Assistance Unit of the Division of Consumer Product of the California Department of - Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or - by telephone at (800) 952-5210. - -

-

- - 13.5        Electronic Communications. - - -   The communications between you and Company use electronic means, whether you use - the Site or send us emails, or whether Company posts notices on the Site or communicates - with you via email. For contractual purposes, you (a) consent to receive communications - from Company in an electronic form; and (b) agree that all terms and conditions, - agreements, notices, disclosures, and other communications that Company provides to you - electronically satisfy any legal requirement that such communications would satisfy if - it were be in a hard-copy writing. The foregoing does not affect your non-waivable - rights. - -

-

- - 13.6        Entire Terms. - - -  These Terms constitute the entire agreement between you and us regarding the use - of the Site and Services. Our failure to exercise or enforce any right or provision of - these Terms shall not operate as a waiver of such right or provision. The section titles - in these Terms are for convenience only and have no legal or contractual effect. The - word “including” means “including without limitation”.  If any provision of these - Terms is, for any reason, held to be invalid or unenforceable, the other provisions of - these Terms will be unimpaired and the invalid or unenforceable provision will be deemed - modified so that it is valid and enforceable to the maximum extent permitted by law. -  Your relationship to Company is that of an independent contractor, and neither - party is an agent or partner of the other.  These Terms, and your rights and - obligations herein, may not be assigned, subcontracted, delegated, or otherwise - transferred by you without Company’s prior written consent, and any attempted - assignment, subcontract, delegation, or transfer in violation of the foregoing will be - null and void.  Company may freely assign these Terms.  The terms and - conditions set forth in these Terms shall be binding upon assignees. - -

-

- 13.7        Contact. - - We welcome your comments or questions about these Terms. Please contact us at: - - info@liquality.io - . -

+
+

Terms of Use

+

Version 1.1

+

Last revised on: May 24, 2023

+

Welcome to Liquality (“ Liquality ”, “ Company ”, + “ + we ”, “ our ”, or “ us ”). Liquality is a + wallet + service that would enable users to hold, send, receive and swap tokens. These + terms of use (“ Terms ”, “ Terms of Use ” or the “ Agreement ”) + govern + your use of the wallet services on the website located at www.liquality.io  (the “ + Site + ”), the Chrome extension, platform, and all related tools, applications, data, software, and other + services provided by us (the “ Service ”). Certain features of the Site and Services may be + subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with + such + features.  All such additional terms, guidelines, and rules are incorporated by reference into + these + Terms and constitute a legally binding agreement between you and Company in relation to your use of the + Service. Any personal information submitted in connection with your use of the Service is subject to our + Privacy Policy, which is hereby incorporated by reference into these Terms.

+

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR + USE + OF THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE + TERMS + (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE + THE + RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU + REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE + SERVICES + IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. +  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. +  IF + YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND + SERVICES.

+

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS + TO + RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU + IN + THE EVENT OF A DISPUTE.

+
    +
  1. Use of the Liquality wallet service  +
    2. +
+

1.1        User Responsibilities.   In order to use + certain + features of the Site and Services, you must connect to your digital asset walle or create a digital + asset + wallet using our Servicet. You acknowledge that Company is not responsible for transferring, + safeguarding, + or maintaining your private keys or any digital currency associated therewith.  If you lose, + mishandle, + or have stolen associated digital currency private keys, you acknowledge that you may not be able to + recover + associated digital currency, and that Company is not responsible for such loss.  You agree not to + initiate or complete a swap transaction using any digital currency that may be considered a security + under + applicable law. You acknowledge that Company is not responsible for any loss or damage arising from your + failure to comply with the requirements hereunder.

+

1.2         Swap Provider Fee .   You acknowledge that + you + may receive a lesser amount of the receiving token in your wallet following the swap transaction than + displayed on the swap page as a result to pay for the swap provider fee and/or higher network + fees. +

+
    +
  1. ACCESS TO SITE AND SERVICES
    2. +
+

2.1         License .  Subject to these Terms, Company + grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and + Services solely for your own personal, noncommercial use.

+

2.2        Certain Restrictions.   The rights granted to + you + in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, + transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in + whole + or in part, or any content displayed on the Site or Services; (b) you shall not modify, make derivative + works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you + shall + not access the Site or Services in order to build a similar or competitive website, product, or service; + (d) + except as expressly stated herein, no part of the Site or Services may be copied, reproduced, + distributed, + republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall + not + use the Site or Services or enter into a swap transaction other than as permitted hereunder. +  Unless + otherwise indicated, any future release, update, or other addition to functionality of the Site and + Services + shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on + any + content displayed on the Site) must be retained on all copies thereof.

+

2.3        Modification.   Company reserves the right, + at + any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without + notice to you.  You agree that Company will not be liable to you or to any third party for any + modification, suspension, or discontinuation of the Site and Services or any part thereof.

+

2.4        No Support or Maintenance.   You acknowledge + and + agree that Company will have no obligation to provide you with any support or maintenance in connection + with + the Site and Services.

+

2.5        Ownership.   Excluding any User Content that + you + may provide (defined below), you acknowledge that all the intellectual property rights, including + copyrights, patents, trademarks, and trade secrets, in the Site and Services and its content are owned + by + Company or Company’s suppliers.  Neither these Terms (nor your access to the Site and + Services) + transfers to you or any third party any rights, title or interest in or to such intellectual property + rights, except for the limited access rights expressly set forth in Section ‎2.1. Company and its + suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted + under + these Terms.

+
    +
  1. USER CONTENT
    2. +
+

3.1        User Content.   “User Content” + means + any and all information and content that a user submits to, or uses with, the Site and Services (e.g., + content in the user’s profile or postings).  You are solely responsible for your User + Content. +  You assume all risks associated with use of your User Content, including any reliance on its + accuracy, + completeness or usefulness by others, or any disclosure of your User Content that personally identifies + you + or any third party.  You hereby represent and warrant that your User Content does not violate our + Acceptable Use Policy (defined in Section ‎3.3).  You may not represent or imply to others that + your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are + responsible for your User Content, you may expose yourself to liability if, for example, your User + Content + violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your + User + Content may be deleted at any time without prior notice.  You are solely responsible for creating + and + maintaining your own backup copies of your User Content if you desire.

+

3.2         License.   You hereby grant (and you + represent + and warrant that you have the right to grant) to Company an irrevocable, non-exclusive, royalty-free and + fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative + works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant + sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site + and + Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions + of + moral rights or attribution with respect to your User Content.

+

3.3        Acceptable Use Policy.   The following terms + constitute our “ Acceptable Use Policy ”:

+

(a)         You agree not to use the Site and Services to + collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party + right, + including any copyright, trademark, patent, trade secret, moral right, privacy right, right of + publicity, or + any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, + tortious, + threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally + misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, + or + physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is + harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or + restrictions imposed by any third party or governmental agency, including without limitation securities + laws, commodities laws, money transmission regulations, and anti-money laundering and anti-terrorism + laws.

+

(b)         In addition, you agree not to: (i) upload, + transmit, + or distribute to or through the Site or Services any computer viruses, worms, or any software intended + to + damage or alter a computer system or data; (ii) send through the Site or Services unsolicited or + unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any + other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the + Site + or Services to harvest, collect, gather or assemble information or data regarding other users, including + e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on + servers + or networks connected to the Site or Services, or violate the regulations, policies or procedures of + such + networks; (v) attempt to gain unauthorized access to the Site or Services (or to other computer systems + or + networks connected to or used together with the Site or Services), whether through password mining or + any + other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or + Services; + or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or + Services, or + to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the + Site or + Services (provided, however, that we conditionally grant to the operators of public search engines + revocable + permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely + to + the extent necessary for creating publicly available searchable indices of the materials, but not caches + or + archives of such materials, subject to the parameters set forth in our robots.txt file).

+

3.4        Enforcement.   We reserve the right (but have + no + obligation) to review any User Content, and to investigate and/or take appropriate action against you in + our + sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or + otherwise + create liability for us or any other person. Such action may include removing or modifying your User + Content, terminating your use, and/or reporting you to law enforcement authorities.

+

3.5        Feedback.   Should you encounter any bugs, + glitches, lack of functionality or other problems on the website, please let us know immediately so we + can + rectify these accordingly. We appreciate your feedback as it helps us develop the platform and offer the + best Service possible. If you provide Company with any feedback or suggestions regarding the Site or + Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree + that + Company shall have the right to use and fully exploit such Feedback and related information in any + manner it + deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and + non-proprietary. You agree that you will not submit to Company any information or ideas that you + consider to + be confidential or proprietary.

+

3.6        Rewards.   Company from time to time, in + its + sole discretion, may decide to offer prizes to incentivize user participation, however, any reward or + benefit offered by Company does not create, constitute, or give rise to any legal or contractual rights + in + users of the Site and Services. You acknowledge that Company has no legal obligation to provide rewards + to + any contributor.

+
    +
  1. INDEMNIFICATION
    2. +
+

You agree to indemnify and hold Company (and its directors, officers, employees, + contractors, affiliates, representatives and agents) harmless, including costs and attorneys’ + fees, + from any claim or demand made by any third party due to or arising out of (a) your use of the Site and + Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) + your User Content.  Company reserves the right, at your expense, to assume the exclusive defense + and + control of any matter for which you are required to indemnify us, and you agree to cooperate with our + defense of these claims.  You agree not to settle any matter without the prior written consent of + Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding + upon becoming aware of it.

+
    +
  1. THIRD PARTY LINKS &  ADS; OTHER USERS
    2. +
+

5.1        Third-Party Links & Ads.   The Site and + Services may contain links to third-party websites and services, including digital asset wallets, and/or + display advertisements for third parties (collectively, “ Third-Party Links & Ads ”). +  Such Third-Party Links & Ads are not under the control of Company, and Company is not + responsible + for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads + only + as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any + representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & + Ads + at your own risk, and should apply a suitable level of caution and discretion in doing so. When you + click on + any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, + including the third party’s privacy and data gathering practices.  You should make whatever + investigation you feel necessary or appropriate before proceeding with any transaction in connection + with + such Third-Party Links & Ads.

+

5.2        Other Users.   Each Site and Service user is + solely responsible for any and all of its own User Content.  Because we do not control User + Content, + you acknowledge and agree that we are not responsible for any User Content, whether provided by you or + by + others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any + User + Content.  Your interactions with other Site and Service users are solely between you and such + users. +  You agree that Company will not be responsible for any loss or damage incurred as the result of + any + such interactions.  If there is a dispute between you and any Site or Service user, we are under no + obligation to become involved.

+

5.3        Release.  You hereby release and forever + discharge the Company (and our directors, officers, employees, contractors, affiliates, representatives, + agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and + future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of + every kind and nature (including personal injuries, death, and property damage), that has arisen or + arises + directly or indirectly out of, or that relates directly or indirectly to, the Site or Services + (including + any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). +  IF + YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH + THE + FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT + KNOW + OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR + HER + MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

+

5.4        Third Party Beneficiaries.   You agree that, + except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to + the + Terms. The Terms of Use will not be construed as creating or implying any relationship of agency, + franchise, + partnership, or joint venture between you and Company, except and solely to the extent expressly stated + in + these Terms.

+
    +
  1. DISCLAIMERS
    2. +
+

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS + AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND + CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS + OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR + NON-INFRINGEMENT. +  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, + WILL + BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, + FREE + OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY + WARRANTIES + WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS + FROM + THE DATE OF FIRST USE.

+

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE + EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED + WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

+
    +
  1. FURTHER DISCLAIMERS
    2. +
+

Without limiting the generality of Section 6, neither Company nor its affiliates + or + licensors will have any responsibilities or liability with respect to the following: (a) the Services + could + be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of + Company to continue to develop or provide the Services, or for you and your users to use the Services, + (b) + Company has no obligation to update the Services or its underlying platforms and networks to address, + mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or + networks, + and (c) portions of the Services or any other underlying networks and platforms may rest on open-source + software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural + elements + of the Services or any other underlying networks and platforms, which may result in security + vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.

+
    +
  1. LIMITATION ON LIABILITY
    2. +
+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR + SUPPLIERS) + BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE + PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING + FROM OR + RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS + BEEN + ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR + OWN + DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER + SYSTEM, OR + LOSS OF DATA RESULTING THEREFROM.  

+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY + CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR + ANY + CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF + ONE + US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE + THAT + OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

+

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR + INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. +  

+
    +
  1. CRYPTOGRAPHIC SYSTEMS
    2. +
+

You acknowledge and understand that cryptography is a progressing field. Advances + in + code cracking or technical advances such as the development of quantum computers may present risks to + cryptographic systems and the Services, which could result in the theft or loss of your property. To the + extent possible, the Company intends to update the code underlying the Services to account for any + advances + in cryptography and to incorporate additional security measures, but does not guarantee or otherwise + represent full security of the system. By using the Services, you acknowledge these inherent + risks. +

+
    +
  1. PLATFORM SECURITY
    2. +
+

We are an early stage platform.  You acknowledge that applications are code + subject to flaws and acknowledge that you are solely responsible for evaluating any available code + provided + by the Services. You further expressly acknowledge and represent that applications can be written + maliciously or negligently, that we cannot be held liable for your interaction with such applications. + These + warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to + all + of the potential risks of utilizing the Site and Services.

+
    +
  1. COPYRIGHT INFRINGEMENT
    2. +
+

If you believe that your copyright or the copyright of a person on whose behalf + you + are authorized to act has been infringed, please provide Company a written notice containing the + following + information: (a) an electronic or physical signature of the person authorized to act on behalf of the + owner + of the copyright or other intellectual property interest, (b) a description of the copyrighted work or + other + intellectual property that you claim has been infringed, and (c) a description of where the material + that + you claim is infringing is located on the Site.

+

Company can be reached at:

+

Email: info@liquality.io

+

Subject Line: Copyright Notification: Liquality

+
    +
  1. TERM & TERMINATION
    2. +
+

Subject to this Section, these Terms will remain in full force and effect while + you + use the Site. We may suspend or terminate your rights to use the Site and Services at any time for any + reason at our sole discretion, including for any use of the Site or Services in violation of these + Terms. +  Upon termination of your rights under these Terms, your right to access and use the Site and + Services + will terminate immediately.  You understand that any such termination may involve deletion of your + User + Content.  Company will not have any liability whatsoever to you for any termination of your rights + under these Terms, including for deletion of your User Content.  Even after your rights under these + Terms are terminated, the following provisions of these Terms will remain in effect: Sections ‎2.2 + through ‎2.5, Sections ‎3 through 8, and Sections 11 through 14.       +   +

+
    +
  1. GENERAL
    2. +
+

13.1        Changes.   These Terms are subject to + occasional + revision, and if we make any changes, we will change the Last Updated date above.  Continued use of + our + Site and Services following such notice of such changes shall indicate your acknowledgement of such + changes + and agreement to be bound by the terms and conditions of such changes..

+

13.2        Dispute Resolution. Please read this Arbitration + Agreement (the “Arbitration Agreement”) carefully.  It is part of your contract with + Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A + CLASS + ACTION WAIVER.

+

(a)         Applicability of Arbitration Agreement.   + All + claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in + connection with the Terms or the use of any product or service provided by the Company that cannot be + resolved informally or in small claims court shall be resolved by binding arbitration on an individual + basis + under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration + proceedings + shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any + subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well + as + all authorized or unauthorized users or beneficiaries of services or goods provided under the + Terms. +

+

(b)         Notice Requirement and Informal Dispute + Resolution + .  Before either party may seek arbitration, the party must first send to the other party a written + Notice of Dispute ( “Notice” ) describing the nature and basis of + the + claim or dispute, and the requested relief.  A Notice to the Company should be sent to: +  220w 148th street, Apt. 5p, NY 10039 New York, US . +  After the Notice is received, you and the Company may attempt to resolve + the + claim or dispute informally.  If you and the Company do not resolve the claim or dispute within + thirty + (30) days after the Notice is received, either party may begin an arbitration proceeding.  The + amount + of any settlement offer made by any party may not be disclosed to the arbitrator until after the + arbitrator + has determined the amount of the award, if any, to which either party is entitled.

+

(c)         Arbitration Rules .   This Agreement shall + be + governed by the laws of the State of New York. Any claim, dispute, or controversy (“Claim”) + arising out of or relating to this Agreement or the relationships among the parties hereto shall be + resolved + by one arbitrator through binding arbitration conducted in accordance with the expedited procedures set + forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those + Rules + exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The + arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be + entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction + involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall + sue + the other party other than as provided herein or for enforcement of this clause or of the + arbitrator’s + award; any such suit may be brought only in a Federal District Court or a New York state court located + in + New York County, New York. The arbitrator, and not any federal, state, or local court, shall have + exclusive + authority to resolve any dispute relating to the interpretation, applicability, unconscionability, + arbitrability, enforceability, or formation of this Agreement including any claim that all or any part + of + the Agreement is void or voidable.

+

(d)         Additional Rules for Non-Appearance Based + Arbitration + .  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, + online and/or based solely on written submissions; the specific manner shall be chosen by the party + initiating the arbitration.  The arbitration shall not involve any personal appearance by the + parties + or witnesses unless otherwise agreed by the parties.

+

(e)         Time Limits.   If you or the Company pursue + arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations + (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Rules for the + pertinent claim.

+

(f)         Authority of Arbitrator .  If arbitration is + initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and + the + dispute will not be consolidated with any other matters or joined with any other cases or parties. +  The + arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The + arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or + relief available to an individual under applicable law, the Rules, and the Terms.  The arbitrator + shall + issue a written award and statement of decision describing the essential findings and conclusions on + which + the award is based, including the calculation of any damages awarded.  The arbitrator has the same + authority to award relief on an individual basis that a judge in a court of law would have.  The + award + of the arbitrator is final and binding upon you and the Company.

+

(g)         Waiver of Jury Trial.   THE PARTIES HEREBY + WAIVE + THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, + instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration + Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than + rules applicable in a court and are subject to very limited review by a court.  In the event any + litigation should arise between you and the Company in any state or federal court in a suit to vacate or + enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead + electing that the dispute be resolved by a judge.

+

(h)         Waiver of Class or Consolidated Actions . +  ALL + CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN + INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE + ARBITRATED + OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

+

(i)         Confidentiality .  All aspects of the + arbitration proceeding, including but not limited to the award of the arbitrator and compliance + therewith, + shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise + required by law.  This paragraph shall not prevent a party from submitting to a court of law any + information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive + or + equitable relief.

+

(j)         Severability .  If any part or parts of this + Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent + jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and + the + remainder of the Agreement shall continue in full force and effect.

+

(k)         Right to Waive.   Any or all of the rights + and + limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is + asserted.  Such waiver shall not waive or affect any other portion of this Arbitration + Agreement.

+

(l)         Survival of Agreement. This Arbitration Agreement + will survive the termination of your relationship with Company.  

+

(m)         Small Claims Court.   Notwithstanding the + foregoing, either you or the Company may bring an individual action in small claims court.

+

(n)         Emergency Equitable Relief . +  Notwithstanding + the foregoing, either party may seek emergency equitable relief before a state or federal court in order + to + maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a + waiver of any other rights or obligations under this Arbitration Agreement.

+

(o)         Claims Not Subject to Arbitration. +  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse + Act, + and infringement or misappropriation of the other party’s patent, copyright, trademark or trade + secrets shall not be subject to this Arbitration Agreement.

+

(p)         Courts.   In any circumstances where the + foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to + submit + to the personal jurisdiction of the courts located within Kings County, New York, for such + purpose +

+

13.3        Export. The Site may be subject to U.S. export + control laws and may be subject to export or import regulations in other countries. You agree not to + export, + re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any + products utilizing such data, in violation of the United States export laws or regulations.

+

13.4        Disclosures.  If you are a California + resident, + you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the + California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA + 95814, or by telephone at (800) 952-5210.

+

13.5        Electronic Communications.  The + communications + between you and Company use electronic means, whether you use the Site or send us emails, or whether + Company + posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent + to + receive communications from Company in an electronic form; and (b) agree that all terms and conditions, + agreements, notices, disclosures, and other communications that Company provides to you electronically + satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy + writing. + The foregoing does not affect your non-waivable rights.

+

13.6        Entire Terms.  These Terms constitute the + entire + agreement between you and us regarding the use of the Site and Services. Our failure to exercise or + enforce + any right or provision of these Terms shall not operate as a waiver of such right or provision. The + section + titles in these Terms are for convenience only and have no legal or contractual effect. The word + “including” means “including without limitation”.  If any provision of + these + Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will + be + unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and + enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an + independent contractor, and neither party is an agent or partner of the other.  These Terms, and + your + rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred + by + you without Company’s prior written consent, and any attempted assignment, subcontract, + delegation, or + transfer in violation of the foregoing will be null and void.  Company may freely assign these + Terms. +  The terms and conditions set forth in these Terms shall be binding upon assignees.

+

13.7        Contact. We welcome your comments or questions + about these Terms. Please contact us at:  info@liquality.io /span>.

+

+
\ No newline at end of file diff --git a/src/locales/en/terms.html b/src/locales/en/terms.html index 132d667d0..3fca9b695 100644 --- a/src/locales/en/terms.html +++ b/src/locales/en/terms.html @@ -1,905 +1,626 @@ +
-

- - THIS IS THE BETA VERSION OF THE LIQUALITY PLATFORM WHICH IS STILL BEING ACTIVELY - DEVELOPED. YOU ACKNOWLEDGE THE INFORMATION AVAILABLE IS NOT INTENDED TO BE RELIED ON OR - USED IN A PRODUCTION ENVIRONMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE SITE OR SERVICES - (A) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, (B) MAY FUNCTION IMPROPERLY OR BE SUBJECT TO - PERIODS OF DOWNTIME AN UNAVAILABILITY, (C) MAY RESULT IN TOTAL OR PARTIAL LOSS OR - CORRUPTION OF DATA USED IN THE SITE, AND (D) MAY BE MODIFIED AT ANY TIME, INCLUDING - THROUGH THE RELEASE OF SUBSEQUENT VERSIONS, ALL WITH OR WITHOUT NOTICE. THE ALPHA - PLATFORM IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF - COLLECTING FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND ANY DEFECTS. THANK YOU FOR - YOUR SUPPORT WHILE WE CONTINUE TO WORK ON DELIVERING A PERFECT PRODUCT. - -

-

- -

-

- -

-

- Terms of Use -

-

Version 1.0

-

Last revised on: December 6, 2018

-

- -

-

- Welcome to ConsenSys AG’s - Liquality - (“ - Liquality - ”, “ - Company - ”, “ - we - ”, “ - our - ”, or “ - us - - ”). Liquality is a client-based platform that would enable users to swap consumer tokens - on a peer-to-peer basis without an intermediary. These terms of use (“ - - Terms - ”, “ - Terms of Use - ” or the “ - Agreement - ”) govern your use of the website located at - - https://liquality.io/ - -  (the “ - Site - - ”), platform, and all related tools, applications, data, software, and other services - provided by us (the “ - - Service - - ”). Certain features of the Site and Services may be subject to additional guidelines, - terms, or rules, which will be posted on the Site in connection with such features. -  All such additional terms, guidelines, and rules are incorporated by reference - into these Terms and constitute a legally binding agreement between you and Company in - relation to your use of the Service. Any personal information submitted in connection - with your use of the Service is subject to our Privacy Policy, which is hereby - incorporated by reference into these Terms. - -

-

- -

-

- - THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF - THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE - ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU - REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO - THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER - REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN - YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH - APPLICABLE LAWS.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE - NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE - TERMS, DO NOT ACCESS AND/OR USE THE SITE AND SERVICES. - -

-

- - THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS TO - RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES - AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. - -

-
    -
  1. - TEST - SWAP TRANSACTIONS -   -
    2. -
-

- - 1.1        User Responsibilities.   - - - In order to use certain features of the Site and Services, you must connect to your - digital asset wallet.  You acknowledge that Company is not responsible for - transferring, safeguarding, or maintaining your private keys or any digital currency - associated therewith.  If you lose, mishandle, or have stolen associated digital - currency private keys, you acknowledge that you may not be able to recover associated - digital currency, and that Company is not responsible for such loss.   You agree to - only enter into a swap transaction using bitcoin (BTC) or ether (ETH) in your custody - that exists on a “testnet” blockchain.  You agree not to initiate or complete a - swap transaction using, or otherwise provide any digital currency that exists on, a - “mainnet” blockchain or any digital currency that may be considered a security under - applicable law. You acknowledge that Company is not responsible for any loss or damage - arising from your failure to comply with the requirements hereunder. - -

-

- 1.2         - Swap Amounts - . - -   You acknowledge that you may receive a lesser amount of BTC or ETH in your wallet - following the swap transaction than displayed on the swap page as a result of a portion - of such BTC or ETH being used to pay fees to miners. - -

-

- 1.3         - Company Discretion - . - -   Company has sole discretion as to whether or not to enter into a swap transaction - with you. - -

-
    -
  1. - ACCESS TO SITE AND SERVICES -
    2. -
-

- 2.1         - License - . - -  Subject to these Terms, Company grants you a non-transferable, non-exclusive, - revocable, limited license to use and access the Site and Services solely for your own - personal, noncommercial use. - -

-

- - 2.2        Certain Restrictions.   - - - The rights granted to you in these Terms are subject to the following restrictions: (a) - you shall not license, sell, rent, lease, transfer, assign, distribute, host, or - otherwise commercially exploit the Site or Services, whether in whole or in part, or any - content displayed on the Site or Services; (b) you shall not modify, make derivative - works of, disassemble, reverse compile or reverse engineer any part of the Site or - Services; (c) you shall not access the Site or Services in order to build a similar or - competitive website, product, or service; (d) except as expressly stated herein, no part - of the Site or Services may be copied, reproduced, distributed, republished, downloaded, - displayed, posted or transmitted in any form or by any means; and (e) you shall not use - the Site or Services or enter into a swap transaction other than as permitted hereunder. -  Unless otherwise indicated, any future release, update, or other addition to - functionality of the Site and Services shall be subject to these Terms.  All - copyright and other proprietary notices on the Site (or on any content displayed on the - Site) must be retained on all copies thereof. - -

-

- 2.3        Modification. - -   Company reserves the right, at any time, to modify, suspend, or discontinue the - Site or Services (in whole or in part) with or without notice to you.  You agree - that Company will not be liable to you or to any third party for any modification, - suspension, or discontinuation of the Site and Services or any part thereof. - -

-

- - 2.4        No Support or Maintenance. - - -   You acknowledge and agree that Company will have no obligation to provide you - with any support or maintenance in connection with the Site and Services. - -

-

- - 2.5        Ownership.   - - - Excluding any User Content that you may provide (defined below), you acknowledge that - all the intellectual property rights, including copyrights, patents, trademarks, and - trade secrets, in the Site and Services and its content are owned by Company or - Company’s suppliers.  Neither these Terms (nor your access to the Site and - Services) transfers to you or any third party any rights, title or interest in or to - such intellectual property rights, except for the limited access rights expressly set - forth in Section ‎2.1. Company and its suppliers reserve all rights not granted in these - Terms.  There are no implied licenses granted under these Terms. - -

-
    -
  1. - USER CONTENT -
    2. -
-

- 3.1        User Content. -   “ - User Content - - ” means any and all information and content that a user submits to, or uses with, the - Site and Services (e.g., content in the user’s profile or postings).  You are - solely responsible for your User Content.  You assume all risks associated with use - of your User Content, including any reliance on its accuracy, completeness or usefulness - by others, or any disclosure of your User Content that personally identifies you or any - third party.  You hereby represent and warrant that your User Content does not - violate our Acceptable Use Policy (defined in Section ‎3.3).  You may not represent - or imply to others that your User Content is in any way provided, sponsored or endorsed - by Company.  Because you alone are responsible for your User Content, you may - expose yourself to liability if, for example, your User Content violates the Acceptable - Use Policy.  Company is not obligated to backup any User Content, and your User - Content may be deleted at any time without prior notice.  You are solely - responsible for creating and maintaining your own backup copies of your User Content if - you desire. - -

-

- 3.2         - License. - -   You hereby grant (and you represent and warrant that you have the right to grant) - to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license - to reproduce, distribute, publicly display and perform, prepare derivative works of, - incorporate into other works, and otherwise use and exploit your User Content, and to - grant sublicenses of the foregoing rights, solely for the purposes of including your - User Content in the Site and Services.  You hereby irrevocably waive (and agree to - cause to be waived) any claims and assertions of moral rights or attribution with - respect to your User Content. - -

-

- - 3.3        Acceptable Use Policy.   - - The following terms constitute our “ - Acceptable Use Policy - ”: -

-

- (a)         - - You agree not to use the Site and Services to collect, upload, transmit, display, or - distribute any User Content (i) that violates any third-party right, including any - copyright, trademark, patent, trade secret, moral right, privacy right, right of - publicity, or any other intellectual property or proprietary right; (ii) that is - unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s - privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, - pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical - harm of any kind against any group or individual or is otherwise objectionable; (iii) - that is harmful to minors in any way; or (iv) that is in violation of any law, - regulation, or obligations or restrictions imposed by any third party or governmental - agency, including without limitation securities laws, commodities laws, money - transmission regulations, and anti-money laundering and anti-terrorism laws. - -

-

- (b)         - - In addition, you agree not to: (i) upload, transmit, or distribute to or through the - Site or Services any computer viruses, worms, or any software intended to damage or - alter a computer system or data; (ii) send through the Site or Services unsolicited or - unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid - schemes, or any other form of duplicative or unsolicited messages, whether commercial or - otherwise; (iii)  use the Site or Services to harvest, collect, gather or assemble - information or data regarding other users, including e-mail addresses, without their - consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks - connected to the Site or Services, or violate the regulations, policies or procedures of - such networks; (v) attempt to gain unauthorized access to the Site or Services (or to - other computer systems or networks connected to or used together with the Site or - Services), whether through password mining or any other means; (vi) harass or interfere - with any other user’s use and enjoyment of the Site or Services; or (vi) use software or - automated agents or scripts to produce multiple accounts on the Site or Services, or to - generate automated searches, requests, or queries to (or to strip, scrape, or mine data - from) the Site or Services (provided, however, that we conditionally grant to the - operators of public search engines revocable permission to use spiders to copy materials - from the Site or Services for the sole purpose of and solely to the extent necessary for - creating publicly available searchable indices of the materials, but not caches or - archives of such materials, subject to the parameters set forth in our robots.txt file). - -

-

- - 3.4        Enforcement.   - - - We reserve the right (but have no obligation) to review any User Content, and to - investigate and/or take appropriate action against you in our sole discretion if you - violate the Acceptable Use Policy or any other provision of these Terms or otherwise - create liability for us or any other person. Such action may include removing or - modifying your User Content, terminating your use, and/or reporting you to law - enforcement authorities. - -

-

- 3.5        Feedback. - -   Should you encounter any bugs, glitches, lack of functionality or other problems - on the website, please let us know immediately so we can rectify these accordingly. We - appreciate your feedback as it helps us develop the platform and offer the best Service - possible. If you provide Company with any feedback or suggestions regarding the Site or - Services (“ - - Feedback - - ”), you hereby assign to Company all rights in such Feedback and agree that Company - shall have the right to use and fully exploit such Feedback and related information in - any manner it deems appropriate.  Company will treat any Feedback you provide to - Company as non-confidential and non-proprietary.  You agree that you will not - submit to Company any information or ideas that you consider to be confidential or - proprietary. - -

-

- -

-

- - 3.6        Rewards.   - - - Company from time to time, in its sole discretion, may decide to offer prizes to - incentivize user participation, however, any reward or benefit offered by Company does - not create, constitute, or give rise to any legal or contractual rights in users of the - Site and Services. You acknowledge that Company has no legal obligation to provide - rewards to any contributor. - -

-
    -
  1. - INDEMNIFICATION -
    2. -
-

- - You agree to indemnify and hold Company (and its directors, officers, employees, - contractors, affiliates, representatives and agents) harmless, including costs and - attorneys’ fees, from any claim or demand made by any third party due to or arising out - of (a) your use of the Site and Services, (b) your violation of these Terms, (c) your - violation of applicable laws or regulations or (d) your User Content.  Company - reserves the right, at your expense, to assume the exclusive defense and control of any - matter for which you are required to indemnify us, and you agree to cooperate with our - defense of these claims.  You agree not to settle any matter without the prior - written consent of Company.  Company will use reasonable efforts to notify you of - any such claim, action or proceeding upon becoming aware of it. - -

-
    -
  1. - THIRD PARTY LINKS - & -  ADS; OTHER USERS -
    2. -
-

- - 5.1        Third-Party Links & Ads.   - - - The Site and Services may contain links to third-party websites and services, including - digital asset wallets, and/or display advertisements for third parties (collectively, “ - - Third-Party Links & Ads - - ”).  Such Third-Party Links & Ads are not under the control of Company, and - Company is not responsible for any Third-Party Links & Ads.  Company provides - access to these Third-Party Links & Ads only as a convenience to you, and does not - review, approve, monitor, endorse, warrant, or make any representations with respect to - Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own - risk, and should apply a suitable level of caution and discretion in doing so. When you - click on any of the Third-Party Links & Ads, the applicable third party’s terms and - policies apply, including the third party’s privacy and data gathering practices. -  You should make whatever investigation you feel necessary or appropriate before - proceeding with any transaction in connection with such Third-Party Links & Ads. - -

-

- - 5.2        Other Users.   - - - Each Site and Service user is solely responsible for any and all of its own User - Content.  Because we do not control User Content, you acknowledge and agree that we - are not responsible for any User Content, whether provided by you or by others.  We - make no guarantees regarding the accuracy, currency, suitability, or quality of any User - Content.  Your interactions with other Site and Service users are solely between - you and such users.  You agree that Company will not be responsible for any loss or - damage incurred as the result of any such interactions.  If there is a dispute - between you and any Site or Service user, we are under no obligation to become involved. - -

-

- 5.3        Release. - -  You hereby release and forever discharge the Company (and our directors, officers, - employees, contractors, affiliates, representatives, agents, successors, and assigns) - from, and hereby waive and relinquish, each and every past, present and future dispute, - claim, controversy, demand, right, obligation, liability, action and cause of action of - every kind and nature (including personal injuries, death, and property damage), that - has arisen or arises directly or indirectly out of, or that relates directly or - indirectly to, the Site or Services (including any interactions with, or act or omission - of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA - RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE - FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR - DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE - RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER - SETTLEMENT WITH THE DEBTOR.” - -

-

- - 5.4        Third Party Beneficiaries.   - - - You agree that, except as otherwise expressly provided in these Terms, there shall be no - third party beneficiaries to the Terms. The Terms of Use will not be construed as - creating or implying any relationship of agency, franchise, partnership, or joint - venture between you and Company, except and solely to the extent expressly stated in - these Terms. - -

-
    -
  1. - DISCLAIMERS -
    2. -
-

- - THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY - (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY - KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR - NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND - SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, - SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER - HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES - WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO - NINETY (90) DAYS FROM THE DATE OF FIRST USE. - -

-

- -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE - EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW - LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. - -

-

- -

-
    -
  1. - FURTHER DISCLAIMERS -
    2. -
-

- - Without limiting the generality of Section 6, neither Company nor its affiliates or - licensors will have any responsibilities or liability with respect to the following: (a) - the Services could be impacted by one or more regulatory inquiries or actions, which - could prevent or limit the ability of Company to continue to develop or provide the - Services, or for you and your users to use the Services, (b) Company has no obligation - to update the Services or its underlying platforms and networks to address, mitigate, or - remediate any security or other vulnerabilities in the Services, or such platforms or - networks, and (c) portions of the Services or any other underlying networks and - platforms may rest on open-source software, and there is a risk that weaknesses or bugs - that may be introduced in the infrastructural elements of the Services or any other - underlying networks and platforms, which may result in security vulnerabilities, data - loss, damage, destructions, disclosure, or other compromises. - -

-
    -
  1. - LIMITATION ON LIABILITY -
    2. -
-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE - LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT - OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL - OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY - TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF - SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR OWN - DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR - COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.   - -

-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY - CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS - AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT - ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN - ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO - LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. - -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL - OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. -   - -

-
    -
  1. - CRYPTOGRAPHIC SYSTEMS -
    2. -
-

- - You acknowledge and understand that cryptography is a progressing field. Advances in - code cracking or technical advances such as the development of quantum computers may - present risks to cryptographic systems and the Services, which could result in the theft - or loss of your property. To the extent possible, the Company intends to update the code - underlying the Services to account for any advances in cryptography and to incorporate - additional security measures, but does not guarantee or otherwise represent full - security of the system. By using the Services, you acknowledge these inherent risks. - -

-
    -
  1. - PLATFORM SECURITY -
    2. -
-

- - We are an early stage platform.  You acknowledge that applications are code subject - to flaws and acknowledge that you are solely responsible for evaluating any available - code provided by the Services. You further expressly acknowledge and represent that - applications can be written maliciously or negligently, that we cannot be held liable - for your interaction with such applications. These warnings and others later provided by - us in no way evidence or represent an ongoing duty to alert you to all of the potential - risks of utilizing the Site and Services. - -

-
    -
  1. - COPYRIGHT INFRINGEMENT -
    2. -
-

- - If you believe that your copyright or the copyright of a person on whose behalf you are - authorized to act has been infringed, please provide Company a written notice containing - the following information: (a) an electronic or physical signature of the person - authorized to act on behalf of the owner of the copyright or other intellectual property - interest, (b) a description of the copyrighted work or other intellectual property that - you claim has been infringed, and (c) a description of where the material that you claim - is infringing is located on the Site. - -

-

- Company can be reached at: -

-

- Email: - - - - [email protected] - - - - ; - - - - [email protected] - - - -   -

-

- Subject Line: Copyright Notification: - Liquality -

-
    -
  1. - TERM & TERMINATION -
    2. -
-

- - Subject to this Section, these Terms will remain in full force and effect while you use - the Site.  We may suspend or terminate your rights to use the Site and Services at - any time for any reason at our sole discretion, including for any use of the Site or - Services in violation of these Terms.  Upon termination of your rights under these - Terms, your right to access and use the Site and Services will terminate immediately. -  You understand that any such termination may involve deletion of your User - Content.  Company will not have any liability whatsoever to you for any termination - of your rights under these Terms, including for deletion of your User Content. -  Even after your rights under these Terms are terminated, the following provisions - of these Terms will remain in effect: Sections ‎2.2 through ‎2.5, Sections ‎3 through 8, - and Sections 11 through 14.         - -

-
    -
  1. - GENERAL -
    2. -
-

- 13.1        Changes. - -   These Terms are subject to occasional revision, and if we make any changes, we - will change the Last Updated date above.  Continued use of our Site and Services - following such notice of such changes shall indicate your acknowledgement of such - changes and agreement to be bound by the terms and conditions of such changes.. - -

-

- - 13.2        Dispute Resolution. - - - Please read this Arbitration Agreement (the “Arbitration Agreement”) carefully.  It - is part of your contract with Company and affects your rights.  It contains - procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. - -

-

- (a)         - Applicability of Arbitration Agreement. - -   All claims and disputes (excluding claims for injunctive or other equitable - relief as set forth below) in connection with the Terms or the use of any product or - service provided by the Company that cannot be resolved informally or in small claims - court shall be resolved by binding arbitration on an individual basis under the terms of - this Arbitration Agreement.  Unless otherwise agreed to, all arbitration - proceedings shall be held in English.  This Arbitration Agreement applies to you - and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in - interest, successors, and assigns, as well as all authorized or unauthorized users or - beneficiaries of services or goods provided under the Terms. - -

-

- (b)         - Notice Requirement and Informal Dispute Resolution - - .  Before either party may seek arbitration, the party must first send to the other - party a written Notice of Dispute ( - - “Notice” - - ) describing the nature and basis of the claim or dispute, and the requested relief. -  A Notice to the Company should be sent to: 49 Bogart St. #22, Brooklyn, New York - 11206.  After the Notice is received, you and the Company may attempt to resolve - the claim or dispute informally.  If you and the Company do not resolve the claim - or dispute within thirty (30) days after the Notice is received, either party may begin - an arbitration proceeding.  The amount of any settlement offer made by any party - may not be disclosed to the arbitrator until after the arbitrator has determined the - amount of the award, if any, to which either party is entitled. - -

-

- (c)         - Arbitration Rules - - .   This Agreement shall be governed by the laws of the State of New York. Any - claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or - the relationships among the parties hereto shall be resolved by one arbitrator through - binding arbitration conducted in accordance with the expedited procedures set forth in - the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules - exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those - Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment - upon the award may be entered and enforced in any court having jurisdiction. This clause - is made pursuant to a transaction involving interstate commerce and shall be governed by - the Federal Arbitration Act. Neither party shall sue the other party other than as - provided herein or for enforcement of this clause or of the arbitrator’s award; any such - suit may be brought only in a Federal District Court or a New York state court located - in New York County, New York. The arbitrator, and not any federal, state, or local - court, shall have exclusive authority to resolve any dispute relating to the - interpretation, applicability, unconscionability, arbitrability, enforceability, or - formation of this Agreement including any claim that all or any part of the Agreement is - void or voidable. - -

-

- (d)         - Additional Rules for Non-Appearance Based Arbitration - - .  If non-appearance based arbitration is elected, the arbitration shall be - conducted by telephone, online and/or based solely on written submissions; the specific - manner shall be chosen by the party initiating the arbitration.  The arbitration - shall not involve any personal appearance by the parties or witnesses unless otherwise - agreed by the parties. - -

-

- (e)         - Time Limits. - -   If you or the Company pursue arbitration, the arbitration action must be - initiated and/or demanded within the statute of limitations (i.e., the legal deadline - for filing a claim) and within any deadline imposed under the Rules for the pertinent - claim. - -

-

- (f)         - Authority of Arbitrator - - .  If arbitration is initiated, the arbitrator will decide the rights and - liabilities, if any, of you and the Company, and the dispute will not be consolidated - with any other matters or joined with any other cases or parties.  The arbitrator - shall have the authority to grant motions dispositive of all or part of any claim. -  The arbitrator shall have the authority to award monetary damages, and to grant - any non-monetary remedy or relief available to an individual under applicable law, the - Rules, and the Terms.  The arbitrator shall issue a written award and statement of - decision describing the essential findings and conclusions on which the award is based, - including the calculation of any damages awarded.  The arbitrator has the same - authority to award relief on an individual basis that a judge in a court of law would - have.  The award of the arbitrator is final and binding upon you and the Company. - -

-

- (g)         - Waiver of Jury Trial. - -   THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT - AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and - disputes shall be resolved by arbitration under this Arbitration Agreement. -  Arbitration procedures are typically more limited, more efficient and less costly - than rules applicable in a court and are subject to very limited review by a court. -  In the event any litigation should arise between you and the Company in any state - or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU - AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be - resolved by a judge. - -

-

- (h)         - Waiver of Class or Consolidated Actions - - .  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE - ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF - MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED - WITH THOSE OF ANY OTHER CUSTOMER OR USER.   - -

-

- (i)         - Confidentiality - - .  All aspects of the arbitration proceeding, including but not limited to the - award of the arbitrator and compliance therewith, shall be strictly confidential. -  The parties agree to maintain confidentiality unless otherwise required by law. -  This paragraph shall not prevent a party from submitting to a court of law any - information necessary to enforce this Agreement, to enforce an arbitration award, or to - seek injunctive or equitable relief. - -

-

- (j)         - Severability - - .  If any part or parts of this Arbitration Agreement are found under the law to be - invalid or unenforceable by a court of competent jurisdiction, then such specific part - or parts shall be of no force and effect and shall be severed and the remainder of the - Agreement shall continue in full force and effect. - -

-

- (k)         - Right to Waive. - -   Any or all of the rights and limitations set forth in this Arbitration Agreement - may be waived by the party against whom the claim is asserted.  Such waiver shall - not waive or affect any other portion of this Arbitration Agreement. - -

-

- (l)         - Survival of Agreement - - .  This Arbitration Agreement will survive the termination of your relationship - with Company.   - -

-

- (m)         - Small Claims Court. - -   Notwithstanding the foregoing, either you or the Company may bring an individual - action in small claims court. - -

-

- (n)         - Emergency Equitable Relief - - .  Notwithstanding the foregoing, either party may seek emergency equitable relief - before a state or federal court in order to maintain the status quo pending arbitration. -  A request for interim measures shall not be deemed a waiver of any other rights or - obligations under this Arbitration Agreement. - -

-

- (o)         - Claims Not Subject to Arbitration. - -  Notwithstanding the foregoing, claims of defamation, violation of the Computer - Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, - copyright, trademark or trade secrets shall not be subject to this Arbitration - Agreement. - -

-

- (p)         - Courts. - -   In any circumstances where the foregoing Arbitration Agreement permits the - parties to litigate in court, the parties hereby agree to submit to the personal - jurisdiction of the courts located within Kings  County, New York, for such purpose - -

-

- 13.3        Export. - - The Site may be subject to U.S. export control laws and may be subject to export or - import regulations in other countries. You agree not to export, re-export, or transfer, - directly or indirectly, any U.S. technical data acquired from Company, or any products - utilizing such data, in violation of the United States export laws or regulations. - -

-

- 13.4        Disclosures. - -   If you are a California resident, you may report complaints to the Complaint - Assistance Unit of the Division of Consumer Product of the California Department of - Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or - by telephone at (800) 952-5210. - -

-

- - 13.5        Electronic Communications. - - -   The communications between you and Company use electronic means, whether you use - the Site or send us emails, or whether Company posts notices on the Site or communicates - with you via email. For contractual purposes, you (a) consent to receive communications - from Company in an electronic form; and (b) agree that all terms and conditions, - agreements, notices, disclosures, and other communications that Company provides to you - electronically satisfy any legal requirement that such communications would satisfy if - it were be in a hard-copy writing. The foregoing does not affect your non-waivable - rights. - -

-

- - 13.6        Entire Terms. - - -  These Terms constitute the entire agreement between you and us regarding the use - of the Site and Services. Our failure to exercise or enforce any right or provision of - these Terms shall not operate as a waiver of such right or provision. The section titles - in these Terms are for convenience only and have no legal or contractual effect. The - word “including” means “including without limitation”.  If any provision of these - Terms is, for any reason, held to be invalid or unenforceable, the other provisions of - these Terms will be unimpaired and the invalid or unenforceable provision will be deemed - modified so that it is valid and enforceable to the maximum extent permitted by law. -  Your relationship to Company is that of an independent contractor, and neither - party is an agent or partner of the other.  These Terms, and your rights and - obligations herein, may not be assigned, subcontracted, delegated, or otherwise - transferred by you without Company’s prior written consent, and any attempted - assignment, subcontract, delegation, or transfer in violation of the foregoing will be - null and void.  Company may freely assign these Terms.  The terms and - conditions set forth in these Terms shall be binding upon assignees. - -

-

- 13.7        Contact. - - We welcome your comments or questions about these Terms. Please contact us at: - - info@liquality.io - . -

+
+

Terms of Use

+

Version 1.1

+

Last revised on: May 24, 2023

+

Welcome to Liquality (“ Liquality ”, “ Company ”, + “ + we ”, “ our ”, or “ us ”). Liquality is a + wallet + service that would enable users to hold, send, receive and swap tokens. These + terms of use (“ Terms ”, “ Terms of Use ” or the “ Agreement ”) + govern + your use of the wallet services on the website located at www.liquality.io  (the “ + Site + ”), the Chrome extension, platform, and all related tools, applications, data, software, and other + services provided by us (the “ Service ”). Certain features of the Site and Services may be + subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with + such + features.  All such additional terms, guidelines, and rules are incorporated by reference into + these + Terms and constitute a legally binding agreement between you and Company in relation to your use of the + Service. Any personal information submitted in connection with your use of the Service is subject to our + Privacy Policy, which is hereby incorporated by reference into these Terms.

+

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR + USE + OF THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE + TERMS + (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE + THE + RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU + REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE + SERVICES + IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. +  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. +  IF + YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND + SERVICES.

+

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS + TO + RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU + IN + THE EVENT OF A DISPUTE.

+
    +
  1. Use of the Liquality wallet service  +
    2. +
+

1.1        User Responsibilities.   In order to use + certain + features of the Site and Services, you must connect to your digital asset walle or create a digital + asset + wallet using our Servicet. You acknowledge that Company is not responsible for transferring, + safeguarding, + or maintaining your private keys or any digital currency associated therewith.  If you lose, + mishandle, + or have stolen associated digital currency private keys, you acknowledge that you may not be able to + recover + associated digital currency, and that Company is not responsible for such loss.  You agree not to + initiate or complete a swap transaction using any digital currency that may be considered a security + under + applicable law. You acknowledge that Company is not responsible for any loss or damage arising from your + failure to comply with the requirements hereunder.

+

1.2         Swap Provider Fee .   You acknowledge that + you + may receive a lesser amount of the receiving token in your wallet following the swap transaction than + displayed on the swap page as a result to pay for the swap provider fee and/or higher network + fees. +

+
    +
  1. ACCESS TO SITE AND SERVICES
    2. +
+

2.1         License .  Subject to these Terms, Company + grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and + Services solely for your own personal, noncommercial use.

+

2.2        Certain Restrictions.   The rights granted to + you + in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, + transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in + whole + or in part, or any content displayed on the Site or Services; (b) you shall not modify, make derivative + works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you + shall + not access the Site or Services in order to build a similar or competitive website, product, or service; + (d) + except as expressly stated herein, no part of the Site or Services may be copied, reproduced, + distributed, + republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall + not + use the Site or Services or enter into a swap transaction other than as permitted hereunder. +  Unless + otherwise indicated, any future release, update, or other addition to functionality of the Site and + Services + shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on + any + content displayed on the Site) must be retained on all copies thereof.

+

2.3        Modification.   Company reserves the right, + at + any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without + notice to you.  You agree that Company will not be liable to you or to any third party for any + modification, suspension, or discontinuation of the Site and Services or any part thereof.

+

2.4        No Support or Maintenance.   You acknowledge + and + agree that Company will have no obligation to provide you with any support or maintenance in connection + with + the Site and Services.

+

2.5        Ownership.   Excluding any User Content that + you + may provide (defined below), you acknowledge that all the intellectual property rights, including + copyrights, patents, trademarks, and trade secrets, in the Site and Services and its content are owned + by + Company or Company’s suppliers.  Neither these Terms (nor your access to the Site and + Services) + transfers to you or any third party any rights, title or interest in or to such intellectual property + rights, except for the limited access rights expressly set forth in Section ‎2.1. Company and its + suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted + under + these Terms.

+
    +
  1. USER CONTENT
    2. +
+

3.1        User Content.   “User Content” + means + any and all information and content that a user submits to, or uses with, the Site and Services (e.g., + content in the user’s profile or postings).  You are solely responsible for your User + Content. +  You assume all risks associated with use of your User Content, including any reliance on its + accuracy, + completeness or usefulness by others, or any disclosure of your User Content that personally identifies + you + or any third party.  You hereby represent and warrant that your User Content does not violate our + Acceptable Use Policy (defined in Section ‎3.3).  You may not represent or imply to others that + your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are + responsible for your User Content, you may expose yourself to liability if, for example, your User + Content + violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your + User + Content may be deleted at any time without prior notice.  You are solely responsible for creating + and + maintaining your own backup copies of your User Content if you desire.

+

3.2         License.   You hereby grant (and you + represent + and warrant that you have the right to grant) to Company an irrevocable, non-exclusive, royalty-free and + fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative + works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant + sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site + and + Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions + of + moral rights or attribution with respect to your User Content.

+

3.3        Acceptable Use Policy.   The following terms + constitute our “ Acceptable Use Policy ”:

+

(a)         You agree not to use the Site and Services to + collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party + right, + including any copyright, trademark, patent, trade secret, moral right, privacy right, right of + publicity, or + any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, + tortious, + threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally + misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, + or + physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is + harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or + restrictions imposed by any third party or governmental agency, including without limitation securities + laws, commodities laws, money transmission regulations, and anti-money laundering and anti-terrorism + laws.

+

(b)         In addition, you agree not to: (i) upload, + transmit, + or distribute to or through the Site or Services any computer viruses, worms, or any software intended + to + damage or alter a computer system or data; (ii) send through the Site or Services unsolicited or + unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any + other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the + Site + or Services to harvest, collect, gather or assemble information or data regarding other users, including + e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on + servers + or networks connected to the Site or Services, or violate the regulations, policies or procedures of + such + networks; (v) attempt to gain unauthorized access to the Site or Services (or to other computer systems + or + networks connected to or used together with the Site or Services), whether through password mining or + any + other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or + Services; + or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or + Services, or + to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the + Site or + Services (provided, however, that we conditionally grant to the operators of public search engines + revocable + permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely + to + the extent necessary for creating publicly available searchable indices of the materials, but not caches + or + archives of such materials, subject to the parameters set forth in our robots.txt file).

+

3.4        Enforcement.   We reserve the right (but have + no + obligation) to review any User Content, and to investigate and/or take appropriate action against you in + our + sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or + otherwise + create liability for us or any other person. Such action may include removing or modifying your User + Content, terminating your use, and/or reporting you to law enforcement authorities.

+

3.5        Feedback.   Should you encounter any bugs, + glitches, lack of functionality or other problems on the website, please let us know immediately so we + can + rectify these accordingly. We appreciate your feedback as it helps us develop the platform and offer the + best Service possible. If you provide Company with any feedback or suggestions regarding the Site or + Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree + that + Company shall have the right to use and fully exploit such Feedback and related information in any + manner it + deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and + non-proprietary. You agree that you will not submit to Company any information or ideas that you + consider to + be confidential or proprietary.

+

3.6        Rewards.   Company from time to time, in + its + sole discretion, may decide to offer prizes to incentivize user participation, however, any reward or + benefit offered by Company does not create, constitute, or give rise to any legal or contractual rights + in + users of the Site and Services. You acknowledge that Company has no legal obligation to provide rewards + to + any contributor.

+
    +
  1. INDEMNIFICATION
    2. +
+

You agree to indemnify and hold Company (and its directors, officers, employees, + contractors, affiliates, representatives and agents) harmless, including costs and attorneys’ + fees, + from any claim or demand made by any third party due to or arising out of (a) your use of the Site and + Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) + your User Content.  Company reserves the right, at your expense, to assume the exclusive defense + and + control of any matter for which you are required to indemnify us, and you agree to cooperate with our + defense of these claims.  You agree not to settle any matter without the prior written consent of + Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding + upon becoming aware of it.

+
    +
  1. THIRD PARTY LINKS &  ADS; OTHER USERS
    2. +
+

5.1        Third-Party Links & Ads.   The Site and + Services may contain links to third-party websites and services, including digital asset wallets, and/or + display advertisements for third parties (collectively, “ Third-Party Links & Ads ”). +  Such Third-Party Links & Ads are not under the control of Company, and Company is not + responsible + for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads + only + as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any + representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & + Ads + at your own risk, and should apply a suitable level of caution and discretion in doing so. When you + click on + any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, + including the third party’s privacy and data gathering practices.  You should make whatever + investigation you feel necessary or appropriate before proceeding with any transaction in connection + with + such Third-Party Links & Ads.

+

5.2        Other Users.   Each Site and Service user is + solely responsible for any and all of its own User Content.  Because we do not control User + Content, + you acknowledge and agree that we are not responsible for any User Content, whether provided by you or + by + others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any + User + Content.  Your interactions with other Site and Service users are solely between you and such + users. +  You agree that Company will not be responsible for any loss or damage incurred as the result of + any + such interactions.  If there is a dispute between you and any Site or Service user, we are under no + obligation to become involved.

+

5.3        Release.  You hereby release and forever + discharge the Company (and our directors, officers, employees, contractors, affiliates, representatives, + agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and + future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of + every kind and nature (including personal injuries, death, and property damage), that has arisen or + arises + directly or indirectly out of, or that relates directly or indirectly to, the Site or Services + (including + any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). +  IF + YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH + THE + FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT + KNOW + OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR + HER + MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

+

5.4        Third Party Beneficiaries.   You agree that, + except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to + the + Terms. The Terms of Use will not be construed as creating or implying any relationship of agency, + franchise, + partnership, or joint venture between you and Company, except and solely to the extent expressly stated + in + these Terms.

+
    +
  1. DISCLAIMERS
    2. +
+

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS + AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND + CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS + OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR + NON-INFRINGEMENT. +  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, + WILL + BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, + FREE + OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY + WARRANTIES + WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS + FROM + THE DATE OF FIRST USE.

+

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE + EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED + WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

+
    +
  1. FURTHER DISCLAIMERS
    2. +
+

Without limiting the generality of Section 6, neither Company nor its affiliates + or + licensors will have any responsibilities or liability with respect to the following: (a) the Services + could + be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of + Company to continue to develop or provide the Services, or for you and your users to use the Services, + (b) + Company has no obligation to update the Services or its underlying platforms and networks to address, + mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or + networks, + and (c) portions of the Services or any other underlying networks and platforms may rest on open-source + software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural + elements + of the Services or any other underlying networks and platforms, which may result in security + vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.

+
    +
  1. LIMITATION ON LIABILITY
    2. +
+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR + SUPPLIERS) + BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE + PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING + FROM OR + RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS + BEEN + ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR + OWN + DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER + SYSTEM, OR + LOSS OF DATA RESULTING THEREFROM.  

+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY + CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR + ANY + CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF + ONE + US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE + THAT + OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

+

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR + INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. +  

+
    +
  1. CRYPTOGRAPHIC SYSTEMS
    2. +
+

You acknowledge and understand that cryptography is a progressing field. Advances + in + code cracking or technical advances such as the development of quantum computers may present risks to + cryptographic systems and the Services, which could result in the theft or loss of your property. To the + extent possible, the Company intends to update the code underlying the Services to account for any + advances + in cryptography and to incorporate additional security measures, but does not guarantee or otherwise + represent full security of the system. By using the Services, you acknowledge these inherent + risks. +

+
    +
  1. PLATFORM SECURITY
    2. +
+

We are an early stage platform.  You acknowledge that applications are code + subject to flaws and acknowledge that you are solely responsible for evaluating any available code + provided + by the Services. You further expressly acknowledge and represent that applications can be written + maliciously or negligently, that we cannot be held liable for your interaction with such applications. + These + warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to + all + of the potential risks of utilizing the Site and Services.

+
    +
  1. COPYRIGHT INFRINGEMENT
    2. +
+

If you believe that your copyright or the copyright of a person on whose behalf + you + are authorized to act has been infringed, please provide Company a written notice containing the + following + information: (a) an electronic or physical signature of the person authorized to act on behalf of the + owner + of the copyright or other intellectual property interest, (b) a description of the copyrighted work or + other + intellectual property that you claim has been infringed, and (c) a description of where the material + that + you claim is infringing is located on the Site.

+

Company can be reached at:

+

Email: info@liquality.io

+

Subject Line: Copyright Notification: Liquality

+
    +
  1. TERM & TERMINATION
    2. +
+

Subject to this Section, these Terms will remain in full force and effect while + you + use the Site. We may suspend or terminate your rights to use the Site and Services at any time for any + reason at our sole discretion, including for any use of the Site or Services in violation of these + Terms. +  Upon termination of your rights under these Terms, your right to access and use the Site and + Services + will terminate immediately.  You understand that any such termination may involve deletion of your + User + Content.  Company will not have any liability whatsoever to you for any termination of your rights + under these Terms, including for deletion of your User Content.  Even after your rights under these + Terms are terminated, the following provisions of these Terms will remain in effect: Sections ‎2.2 + through ‎2.5, Sections ‎3 through 8, and Sections 11 through 14.       +   +

+
    +
  1. GENERAL
    2. +
+

13.1        Changes.   These Terms are subject to + occasional + revision, and if we make any changes, we will change the Last Updated date above.  Continued use of + our + Site and Services following such notice of such changes shall indicate your acknowledgement of such + changes + and agreement to be bound by the terms and conditions of such changes..

+

13.2        Dispute Resolution. Please read this Arbitration + Agreement (the “Arbitration Agreement”) carefully.  It is part of your contract with + Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A + CLASS + ACTION WAIVER.

+

(a)         Applicability of Arbitration Agreement.   + All + claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in + connection with the Terms or the use of any product or service provided by the Company that cannot be + resolved informally or in small claims court shall be resolved by binding arbitration on an individual + basis + under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration + proceedings + shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any + subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well + as + all authorized or unauthorized users or beneficiaries of services or goods provided under the + Terms. +

+

(b)         Notice Requirement and Informal Dispute + Resolution + .  Before either party may seek arbitration, the party must first send to the other party a written + Notice of Dispute ( “Notice” ) describing the nature and basis of + the + claim or dispute, and the requested relief.  A Notice to the Company should be sent to: +  220w 148th street, Apt. 5p, NY 10039 New York, US . +  After the Notice is received, you and the Company may attempt to resolve + the + claim or dispute informally.  If you and the Company do not resolve the claim or dispute within + thirty + (30) days after the Notice is received, either party may begin an arbitration proceeding.  The + amount + of any settlement offer made by any party may not be disclosed to the arbitrator until after the + arbitrator + has determined the amount of the award, if any, to which either party is entitled.

+

(c)         Arbitration Rules .   This Agreement shall + be + governed by the laws of the State of New York. Any claim, dispute, or controversy (“Claim”) + arising out of or relating to this Agreement or the relationships among the parties hereto shall be + resolved + by one arbitrator through binding arbitration conducted in accordance with the expedited procedures set + forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those + Rules + exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The + arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be + entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction + involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall + sue + the other party other than as provided herein or for enforcement of this clause or of the + arbitrator’s + award; any such suit may be brought only in a Federal District Court or a New York state court located + in + New York County, New York. The arbitrator, and not any federal, state, or local court, shall have + exclusive + authority to resolve any dispute relating to the interpretation, applicability, unconscionability, + arbitrability, enforceability, or formation of this Agreement including any claim that all or any part + of + the Agreement is void or voidable.

+

(d)         Additional Rules for Non-Appearance Based + Arbitration + .  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, + online and/or based solely on written submissions; the specific manner shall be chosen by the party + initiating the arbitration.  The arbitration shall not involve any personal appearance by the + parties + or witnesses unless otherwise agreed by the parties.

+

(e)         Time Limits.   If you or the Company pursue + arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations + (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Rules for the + pertinent claim.

+

(f)         Authority of Arbitrator .  If arbitration is + initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and + the + dispute will not be consolidated with any other matters or joined with any other cases or parties. +  The + arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The + arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or + relief available to an individual under applicable law, the Rules, and the Terms.  The arbitrator + shall + issue a written award and statement of decision describing the essential findings and conclusions on + which + the award is based, including the calculation of any damages awarded.  The arbitrator has the same + authority to award relief on an individual basis that a judge in a court of law would have.  The + award + of the arbitrator is final and binding upon you and the Company.

+

(g)         Waiver of Jury Trial.   THE PARTIES HEREBY + WAIVE + THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, + instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration + Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than + rules applicable in a court and are subject to very limited review by a court.  In the event any + litigation should arise between you and the Company in any state or federal court in a suit to vacate or + enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead + electing that the dispute be resolved by a judge.

+

(h)         Waiver of Class or Consolidated Actions . +  ALL + CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN + INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE + ARBITRATED + OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

+

(i)         Confidentiality .  All aspects of the + arbitration proceeding, including but not limited to the award of the arbitrator and compliance + therewith, + shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise + required by law.  This paragraph shall not prevent a party from submitting to a court of law any + information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive + or + equitable relief.

+

(j)         Severability .  If any part or parts of this + Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent + jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and + the + remainder of the Agreement shall continue in full force and effect.

+

(k)         Right to Waive.   Any or all of the rights + and + limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is + asserted.  Such waiver shall not waive or affect any other portion of this Arbitration + Agreement.

+

(l)         Survival of Agreement. This Arbitration Agreement + will survive the termination of your relationship with Company.  

+

(m)         Small Claims Court.   Notwithstanding the + foregoing, either you or the Company may bring an individual action in small claims court.

+

(n)         Emergency Equitable Relief . +  Notwithstanding + the foregoing, either party may seek emergency equitable relief before a state or federal court in order + to + maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a + waiver of any other rights or obligations under this Arbitration Agreement.

+

(o)         Claims Not Subject to Arbitration. +  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse + Act, + and infringement or misappropriation of the other party’s patent, copyright, trademark or trade + secrets shall not be subject to this Arbitration Agreement.

+

(p)         Courts.   In any circumstances where the + foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to + submit + to the personal jurisdiction of the courts located within Kings County, New York, for such + purpose +

+

13.3        Export. The Site may be subject to U.S. export + control laws and may be subject to export or import regulations in other countries. You agree not to + export, + re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any + products utilizing such data, in violation of the United States export laws or regulations.

+

13.4        Disclosures.  If you are a California + resident, + you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the + California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA + 95814, or by telephone at (800) 952-5210.

+

13.5        Electronic Communications.  The + communications + between you and Company use electronic means, whether you use the Site or send us emails, or whether + Company + posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent + to + receive communications from Company in an electronic form; and (b) agree that all terms and conditions, + agreements, notices, disclosures, and other communications that Company provides to you electronically + satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy + writing. + The foregoing does not affect your non-waivable rights.

+

13.6        Entire Terms.  These Terms constitute the + entire + agreement between you and us regarding the use of the Site and Services. Our failure to exercise or + enforce + any right or provision of these Terms shall not operate as a waiver of such right or provision. The + section + titles in these Terms are for convenience only and have no legal or contractual effect. The word + “including” means “including without limitation”.  If any provision of + these + Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will + be + unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and + enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an + independent contractor, and neither party is an agent or partner of the other.  These Terms, and + your + rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred + by + you without Company’s prior written consent, and any attempted assignment, subcontract, + delegation, or + transfer in violation of the foregoing will be null and void.  Company may freely assign these + Terms. +  The terms and conditions set forth in these Terms shall be binding upon assignees.

+

13.7        Contact. We welcome your comments or questions + about these Terms. Please contact us at:  info@liquality.io /span>.

+

+
\ No newline at end of file diff --git a/src/locales/es/terms.html b/src/locales/es/terms.html index 132d667d0..3fca9b695 100644 --- a/src/locales/es/terms.html +++ b/src/locales/es/terms.html @@ -1,905 +1,626 @@ +
-

- - THIS IS THE BETA VERSION OF THE LIQUALITY PLATFORM WHICH IS STILL BEING ACTIVELY - DEVELOPED. YOU ACKNOWLEDGE THE INFORMATION AVAILABLE IS NOT INTENDED TO BE RELIED ON OR - USED IN A PRODUCTION ENVIRONMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE SITE OR SERVICES - (A) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, (B) MAY FUNCTION IMPROPERLY OR BE SUBJECT TO - PERIODS OF DOWNTIME AN UNAVAILABILITY, (C) MAY RESULT IN TOTAL OR PARTIAL LOSS OR - CORRUPTION OF DATA USED IN THE SITE, AND (D) MAY BE MODIFIED AT ANY TIME, INCLUDING - THROUGH THE RELEASE OF SUBSEQUENT VERSIONS, ALL WITH OR WITHOUT NOTICE. THE ALPHA - PLATFORM IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF - COLLECTING FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND ANY DEFECTS. THANK YOU FOR - YOUR SUPPORT WHILE WE CONTINUE TO WORK ON DELIVERING A PERFECT PRODUCT. - -

-

- -

-

- -

-

- Terms of Use -

-

Version 1.0

-

Last revised on: December 6, 2018

-

- -

-

- Welcome to ConsenSys AG’s - Liquality - (“ - Liquality - ”, “ - Company - ”, “ - we - ”, “ - our - ”, or “ - us - - ”). Liquality is a client-based platform that would enable users to swap consumer tokens - on a peer-to-peer basis without an intermediary. These terms of use (“ - - Terms - ”, “ - Terms of Use - ” or the “ - Agreement - ”) govern your use of the website located at - - https://liquality.io/ - -  (the “ - Site - - ”), platform, and all related tools, applications, data, software, and other services - provided by us (the “ - - Service - - ”). Certain features of the Site and Services may be subject to additional guidelines, - terms, or rules, which will be posted on the Site in connection with such features. -  All such additional terms, guidelines, and rules are incorporated by reference - into these Terms and constitute a legally binding agreement between you and Company in - relation to your use of the Service. Any personal information submitted in connection - with your use of the Service is subject to our Privacy Policy, which is hereby - incorporated by reference into these Terms. - -

-

- -

-

- - THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF - THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE - ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU - REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO - THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER - REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN - YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH - APPLICABLE LAWS.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE - NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE - TERMS, DO NOT ACCESS AND/OR USE THE SITE AND SERVICES. - -

-

- - THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS TO - RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES - AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. - -

-
    -
  1. - TEST - SWAP TRANSACTIONS -   -
    2. -
-

- - 1.1        User Responsibilities.   - - - In order to use certain features of the Site and Services, you must connect to your - digital asset wallet.  You acknowledge that Company is not responsible for - transferring, safeguarding, or maintaining your private keys or any digital currency - associated therewith.  If you lose, mishandle, or have stolen associated digital - currency private keys, you acknowledge that you may not be able to recover associated - digital currency, and that Company is not responsible for such loss.   You agree to - only enter into a swap transaction using bitcoin (BTC) or ether (ETH) in your custody - that exists on a “testnet” blockchain.  You agree not to initiate or complete a - swap transaction using, or otherwise provide any digital currency that exists on, a - “mainnet” blockchain or any digital currency that may be considered a security under - applicable law. You acknowledge that Company is not responsible for any loss or damage - arising from your failure to comply with the requirements hereunder. - -

-

- 1.2         - Swap Amounts - . - -   You acknowledge that you may receive a lesser amount of BTC or ETH in your wallet - following the swap transaction than displayed on the swap page as a result of a portion - of such BTC or ETH being used to pay fees to miners. - -

-

- 1.3         - Company Discretion - . - -   Company has sole discretion as to whether or not to enter into a swap transaction - with you. - -

-
    -
  1. - ACCESS TO SITE AND SERVICES -
    2. -
-

- 2.1         - License - . - -  Subject to these Terms, Company grants you a non-transferable, non-exclusive, - revocable, limited license to use and access the Site and Services solely for your own - personal, noncommercial use. - -

-

- - 2.2        Certain Restrictions.   - - - The rights granted to you in these Terms are subject to the following restrictions: (a) - you shall not license, sell, rent, lease, transfer, assign, distribute, host, or - otherwise commercially exploit the Site or Services, whether in whole or in part, or any - content displayed on the Site or Services; (b) you shall not modify, make derivative - works of, disassemble, reverse compile or reverse engineer any part of the Site or - Services; (c) you shall not access the Site or Services in order to build a similar or - competitive website, product, or service; (d) except as expressly stated herein, no part - of the Site or Services may be copied, reproduced, distributed, republished, downloaded, - displayed, posted or transmitted in any form or by any means; and (e) you shall not use - the Site or Services or enter into a swap transaction other than as permitted hereunder. -  Unless otherwise indicated, any future release, update, or other addition to - functionality of the Site and Services shall be subject to these Terms.  All - copyright and other proprietary notices on the Site (or on any content displayed on the - Site) must be retained on all copies thereof. - -

-

- 2.3        Modification. - -   Company reserves the right, at any time, to modify, suspend, or discontinue the - Site or Services (in whole or in part) with or without notice to you.  You agree - that Company will not be liable to you or to any third party for any modification, - suspension, or discontinuation of the Site and Services or any part thereof. - -

-

- - 2.4        No Support or Maintenance. - - -   You acknowledge and agree that Company will have no obligation to provide you - with any support or maintenance in connection with the Site and Services. - -

-

- - 2.5        Ownership.   - - - Excluding any User Content that you may provide (defined below), you acknowledge that - all the intellectual property rights, including copyrights, patents, trademarks, and - trade secrets, in the Site and Services and its content are owned by Company or - Company’s suppliers.  Neither these Terms (nor your access to the Site and - Services) transfers to you or any third party any rights, title or interest in or to - such intellectual property rights, except for the limited access rights expressly set - forth in Section ‎2.1. Company and its suppliers reserve all rights not granted in these - Terms.  There are no implied licenses granted under these Terms. - -

-
    -
  1. - USER CONTENT -
    2. -
-

- 3.1        User Content. -   “ - User Content - - ” means any and all information and content that a user submits to, or uses with, the - Site and Services (e.g., content in the user’s profile or postings).  You are - solely responsible for your User Content.  You assume all risks associated with use - of your User Content, including any reliance on its accuracy, completeness or usefulness - by others, or any disclosure of your User Content that personally identifies you or any - third party.  You hereby represent and warrant that your User Content does not - violate our Acceptable Use Policy (defined in Section ‎3.3).  You may not represent - or imply to others that your User Content is in any way provided, sponsored or endorsed - by Company.  Because you alone are responsible for your User Content, you may - expose yourself to liability if, for example, your User Content violates the Acceptable - Use Policy.  Company is not obligated to backup any User Content, and your User - Content may be deleted at any time without prior notice.  You are solely - responsible for creating and maintaining your own backup copies of your User Content if - you desire. - -

-

- 3.2         - License. - -   You hereby grant (and you represent and warrant that you have the right to grant) - to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license - to reproduce, distribute, publicly display and perform, prepare derivative works of, - incorporate into other works, and otherwise use and exploit your User Content, and to - grant sublicenses of the foregoing rights, solely for the purposes of including your - User Content in the Site and Services.  You hereby irrevocably waive (and agree to - cause to be waived) any claims and assertions of moral rights or attribution with - respect to your User Content. - -

-

- - 3.3        Acceptable Use Policy.   - - The following terms constitute our “ - Acceptable Use Policy - ”: -

-

- (a)         - - You agree not to use the Site and Services to collect, upload, transmit, display, or - distribute any User Content (i) that violates any third-party right, including any - copyright, trademark, patent, trade secret, moral right, privacy right, right of - publicity, or any other intellectual property or proprietary right; (ii) that is - unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s - privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, - pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical - harm of any kind against any group or individual or is otherwise objectionable; (iii) - that is harmful to minors in any way; or (iv) that is in violation of any law, - regulation, or obligations or restrictions imposed by any third party or governmental - agency, including without limitation securities laws, commodities laws, money - transmission regulations, and anti-money laundering and anti-terrorism laws. - -

-

- (b)         - - In addition, you agree not to: (i) upload, transmit, or distribute to or through the - Site or Services any computer viruses, worms, or any software intended to damage or - alter a computer system or data; (ii) send through the Site or Services unsolicited or - unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid - schemes, or any other form of duplicative or unsolicited messages, whether commercial or - otherwise; (iii)  use the Site or Services to harvest, collect, gather or assemble - information or data regarding other users, including e-mail addresses, without their - consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks - connected to the Site or Services, or violate the regulations, policies or procedures of - such networks; (v) attempt to gain unauthorized access to the Site or Services (or to - other computer systems or networks connected to or used together with the Site or - Services), whether through password mining or any other means; (vi) harass or interfere - with any other user’s use and enjoyment of the Site or Services; or (vi) use software or - automated agents or scripts to produce multiple accounts on the Site or Services, or to - generate automated searches, requests, or queries to (or to strip, scrape, or mine data - from) the Site or Services (provided, however, that we conditionally grant to the - operators of public search engines revocable permission to use spiders to copy materials - from the Site or Services for the sole purpose of and solely to the extent necessary for - creating publicly available searchable indices of the materials, but not caches or - archives of such materials, subject to the parameters set forth in our robots.txt file). - -

-

- - 3.4        Enforcement.   - - - We reserve the right (but have no obligation) to review any User Content, and to - investigate and/or take appropriate action against you in our sole discretion if you - violate the Acceptable Use Policy or any other provision of these Terms or otherwise - create liability for us or any other person. Such action may include removing or - modifying your User Content, terminating your use, and/or reporting you to law - enforcement authorities. - -

-

- 3.5        Feedback. - -   Should you encounter any bugs, glitches, lack of functionality or other problems - on the website, please let us know immediately so we can rectify these accordingly. We - appreciate your feedback as it helps us develop the platform and offer the best Service - possible. If you provide Company with any feedback or suggestions regarding the Site or - Services (“ - - Feedback - - ”), you hereby assign to Company all rights in such Feedback and agree that Company - shall have the right to use and fully exploit such Feedback and related information in - any manner it deems appropriate.  Company will treat any Feedback you provide to - Company as non-confidential and non-proprietary.  You agree that you will not - submit to Company any information or ideas that you consider to be confidential or - proprietary. - -

-

- -

-

- - 3.6        Rewards.   - - - Company from time to time, in its sole discretion, may decide to offer prizes to - incentivize user participation, however, any reward or benefit offered by Company does - not create, constitute, or give rise to any legal or contractual rights in users of the - Site and Services. You acknowledge that Company has no legal obligation to provide - rewards to any contributor. - -

-
    -
  1. - INDEMNIFICATION -
    2. -
-

- - You agree to indemnify and hold Company (and its directors, officers, employees, - contractors, affiliates, representatives and agents) harmless, including costs and - attorneys’ fees, from any claim or demand made by any third party due to or arising out - of (a) your use of the Site and Services, (b) your violation of these Terms, (c) your - violation of applicable laws or regulations or (d) your User Content.  Company - reserves the right, at your expense, to assume the exclusive defense and control of any - matter for which you are required to indemnify us, and you agree to cooperate with our - defense of these claims.  You agree not to settle any matter without the prior - written consent of Company.  Company will use reasonable efforts to notify you of - any such claim, action or proceeding upon becoming aware of it. - -

-
    -
  1. - THIRD PARTY LINKS - & -  ADS; OTHER USERS -
    2. -
-

- - 5.1        Third-Party Links & Ads.   - - - The Site and Services may contain links to third-party websites and services, including - digital asset wallets, and/or display advertisements for third parties (collectively, “ - - Third-Party Links & Ads - - ”).  Such Third-Party Links & Ads are not under the control of Company, and - Company is not responsible for any Third-Party Links & Ads.  Company provides - access to these Third-Party Links & Ads only as a convenience to you, and does not - review, approve, monitor, endorse, warrant, or make any representations with respect to - Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own - risk, and should apply a suitable level of caution and discretion in doing so. When you - click on any of the Third-Party Links & Ads, the applicable third party’s terms and - policies apply, including the third party’s privacy and data gathering practices. -  You should make whatever investigation you feel necessary or appropriate before - proceeding with any transaction in connection with such Third-Party Links & Ads. - -

-

- - 5.2        Other Users.   - - - Each Site and Service user is solely responsible for any and all of its own User - Content.  Because we do not control User Content, you acknowledge and agree that we - are not responsible for any User Content, whether provided by you or by others.  We - make no guarantees regarding the accuracy, currency, suitability, or quality of any User - Content.  Your interactions with other Site and Service users are solely between - you and such users.  You agree that Company will not be responsible for any loss or - damage incurred as the result of any such interactions.  If there is a dispute - between you and any Site or Service user, we are under no obligation to become involved. - -

-

- 5.3        Release. - -  You hereby release and forever discharge the Company (and our directors, officers, - employees, contractors, affiliates, representatives, agents, successors, and assigns) - from, and hereby waive and relinquish, each and every past, present and future dispute, - claim, controversy, demand, right, obligation, liability, action and cause of action of - every kind and nature (including personal injuries, death, and property damage), that - has arisen or arises directly or indirectly out of, or that relates directly or - indirectly to, the Site or Services (including any interactions with, or act or omission - of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA - RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE - FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR - DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE - RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER - SETTLEMENT WITH THE DEBTOR.” - -

-

- - 5.4        Third Party Beneficiaries.   - - - You agree that, except as otherwise expressly provided in these Terms, there shall be no - third party beneficiaries to the Terms. The Terms of Use will not be construed as - creating or implying any relationship of agency, franchise, partnership, or joint - venture between you and Company, except and solely to the extent expressly stated in - these Terms. - -

-
    -
  1. - DISCLAIMERS -
    2. -
-

- - THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY - (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY - KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR - NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND - SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, - SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER - HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES - WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO - NINETY (90) DAYS FROM THE DATE OF FIRST USE. - -

-

- -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE - EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW - LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. - -

-

- -

-
    -
  1. - FURTHER DISCLAIMERS -
    2. -
-

- - Without limiting the generality of Section 6, neither Company nor its affiliates or - licensors will have any responsibilities or liability with respect to the following: (a) - the Services could be impacted by one or more regulatory inquiries or actions, which - could prevent or limit the ability of Company to continue to develop or provide the - Services, or for you and your users to use the Services, (b) Company has no obligation - to update the Services or its underlying platforms and networks to address, mitigate, or - remediate any security or other vulnerabilities in the Services, or such platforms or - networks, and (c) portions of the Services or any other underlying networks and - platforms may rest on open-source software, and there is a risk that weaknesses or bugs - that may be introduced in the infrastructural elements of the Services or any other - underlying networks and platforms, which may result in security vulnerabilities, data - loss, damage, destructions, disclosure, or other compromises. - -

-
    -
  1. - LIMITATION ON LIABILITY -
    2. -
-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE - LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT - OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL - OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY - TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF - SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR OWN - DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR - COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.   - -

-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY - CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS - AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT - ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN - ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO - LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. - -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL - OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. -   - -

-
    -
  1. - CRYPTOGRAPHIC SYSTEMS -
    2. -
-

- - You acknowledge and understand that cryptography is a progressing field. Advances in - code cracking or technical advances such as the development of quantum computers may - present risks to cryptographic systems and the Services, which could result in the theft - or loss of your property. To the extent possible, the Company intends to update the code - underlying the Services to account for any advances in cryptography and to incorporate - additional security measures, but does not guarantee or otherwise represent full - security of the system. By using the Services, you acknowledge these inherent risks. - -

-
    -
  1. - PLATFORM SECURITY -
    2. -
-

- - We are an early stage platform.  You acknowledge that applications are code subject - to flaws and acknowledge that you are solely responsible for evaluating any available - code provided by the Services. You further expressly acknowledge and represent that - applications can be written maliciously or negligently, that we cannot be held liable - for your interaction with such applications. These warnings and others later provided by - us in no way evidence or represent an ongoing duty to alert you to all of the potential - risks of utilizing the Site and Services. - -

-
    -
  1. - COPYRIGHT INFRINGEMENT -
    2. -
-

- - If you believe that your copyright or the copyright of a person on whose behalf you are - authorized to act has been infringed, please provide Company a written notice containing - the following information: (a) an electronic or physical signature of the person - authorized to act on behalf of the owner of the copyright or other intellectual property - interest, (b) a description of the copyrighted work or other intellectual property that - you claim has been infringed, and (c) a description of where the material that you claim - is infringing is located on the Site. - -

-

- Company can be reached at: -

-

- Email: - - - - [email protected] - - - - ; - - - - [email protected] - - - -   -

-

- Subject Line: Copyright Notification: - Liquality -

-
    -
  1. - TERM & TERMINATION -
    2. -
-

- - Subject to this Section, these Terms will remain in full force and effect while you use - the Site.  We may suspend or terminate your rights to use the Site and Services at - any time for any reason at our sole discretion, including for any use of the Site or - Services in violation of these Terms.  Upon termination of your rights under these - Terms, your right to access and use the Site and Services will terminate immediately. -  You understand that any such termination may involve deletion of your User - Content.  Company will not have any liability whatsoever to you for any termination - of your rights under these Terms, including for deletion of your User Content. -  Even after your rights under these Terms are terminated, the following provisions - of these Terms will remain in effect: Sections ‎2.2 through ‎2.5, Sections ‎3 through 8, - and Sections 11 through 14.         - -

-
    -
  1. - GENERAL -
    2. -
-

- 13.1        Changes. - -   These Terms are subject to occasional revision, and if we make any changes, we - will change the Last Updated date above.  Continued use of our Site and Services - following such notice of such changes shall indicate your acknowledgement of such - changes and agreement to be bound by the terms and conditions of such changes.. - -

-

- - 13.2        Dispute Resolution. - - - Please read this Arbitration Agreement (the “Arbitration Agreement”) carefully.  It - is part of your contract with Company and affects your rights.  It contains - procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. - -

-

- (a)         - Applicability of Arbitration Agreement. - -   All claims and disputes (excluding claims for injunctive or other equitable - relief as set forth below) in connection with the Terms or the use of any product or - service provided by the Company that cannot be resolved informally or in small claims - court shall be resolved by binding arbitration on an individual basis under the terms of - this Arbitration Agreement.  Unless otherwise agreed to, all arbitration - proceedings shall be held in English.  This Arbitration Agreement applies to you - and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in - interest, successors, and assigns, as well as all authorized or unauthorized users or - beneficiaries of services or goods provided under the Terms. - -

-

- (b)         - Notice Requirement and Informal Dispute Resolution - - .  Before either party may seek arbitration, the party must first send to the other - party a written Notice of Dispute ( - - “Notice” - - ) describing the nature and basis of the claim or dispute, and the requested relief. -  A Notice to the Company should be sent to: 49 Bogart St. #22, Brooklyn, New York - 11206.  After the Notice is received, you and the Company may attempt to resolve - the claim or dispute informally.  If you and the Company do not resolve the claim - or dispute within thirty (30) days after the Notice is received, either party may begin - an arbitration proceeding.  The amount of any settlement offer made by any party - may not be disclosed to the arbitrator until after the arbitrator has determined the - amount of the award, if any, to which either party is entitled. - -

-

- (c)         - Arbitration Rules - - .   This Agreement shall be governed by the laws of the State of New York. Any - claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or - the relationships among the parties hereto shall be resolved by one arbitrator through - binding arbitration conducted in accordance with the expedited procedures set forth in - the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules - exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those - Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment - upon the award may be entered and enforced in any court having jurisdiction. This clause - is made pursuant to a transaction involving interstate commerce and shall be governed by - the Federal Arbitration Act. Neither party shall sue the other party other than as - provided herein or for enforcement of this clause or of the arbitrator’s award; any such - suit may be brought only in a Federal District Court or a New York state court located - in New York County, New York. The arbitrator, and not any federal, state, or local - court, shall have exclusive authority to resolve any dispute relating to the - interpretation, applicability, unconscionability, arbitrability, enforceability, or - formation of this Agreement including any claim that all or any part of the Agreement is - void or voidable. - -

-

- (d)         - Additional Rules for Non-Appearance Based Arbitration - - .  If non-appearance based arbitration is elected, the arbitration shall be - conducted by telephone, online and/or based solely on written submissions; the specific - manner shall be chosen by the party initiating the arbitration.  The arbitration - shall not involve any personal appearance by the parties or witnesses unless otherwise - agreed by the parties. - -

-

- (e)         - Time Limits. - -   If you or the Company pursue arbitration, the arbitration action must be - initiated and/or demanded within the statute of limitations (i.e., the legal deadline - for filing a claim) and within any deadline imposed under the Rules for the pertinent - claim. - -

-

- (f)         - Authority of Arbitrator - - .  If arbitration is initiated, the arbitrator will decide the rights and - liabilities, if any, of you and the Company, and the dispute will not be consolidated - with any other matters or joined with any other cases or parties.  The arbitrator - shall have the authority to grant motions dispositive of all or part of any claim. -  The arbitrator shall have the authority to award monetary damages, and to grant - any non-monetary remedy or relief available to an individual under applicable law, the - Rules, and the Terms.  The arbitrator shall issue a written award and statement of - decision describing the essential findings and conclusions on which the award is based, - including the calculation of any damages awarded.  The arbitrator has the same - authority to award relief on an individual basis that a judge in a court of law would - have.  The award of the arbitrator is final and binding upon you and the Company. - -

-

- (g)         - Waiver of Jury Trial. - -   THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT - AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and - disputes shall be resolved by arbitration under this Arbitration Agreement. -  Arbitration procedures are typically more limited, more efficient and less costly - than rules applicable in a court and are subject to very limited review by a court. -  In the event any litigation should arise between you and the Company in any state - or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU - AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be - resolved by a judge. - -

-

- (h)         - Waiver of Class or Consolidated Actions - - .  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE - ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF - MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED - WITH THOSE OF ANY OTHER CUSTOMER OR USER.   - -

-

- (i)         - Confidentiality - - .  All aspects of the arbitration proceeding, including but not limited to the - award of the arbitrator and compliance therewith, shall be strictly confidential. -  The parties agree to maintain confidentiality unless otherwise required by law. -  This paragraph shall not prevent a party from submitting to a court of law any - information necessary to enforce this Agreement, to enforce an arbitration award, or to - seek injunctive or equitable relief. - -

-

- (j)         - Severability - - .  If any part or parts of this Arbitration Agreement are found under the law to be - invalid or unenforceable by a court of competent jurisdiction, then such specific part - or parts shall be of no force and effect and shall be severed and the remainder of the - Agreement shall continue in full force and effect. - -

-

- (k)         - Right to Waive. - -   Any or all of the rights and limitations set forth in this Arbitration Agreement - may be waived by the party against whom the claim is asserted.  Such waiver shall - not waive or affect any other portion of this Arbitration Agreement. - -

-

- (l)         - Survival of Agreement - - .  This Arbitration Agreement will survive the termination of your relationship - with Company.   - -

-

- (m)         - Small Claims Court. - -   Notwithstanding the foregoing, either you or the Company may bring an individual - action in small claims court. - -

-

- (n)         - Emergency Equitable Relief - - .  Notwithstanding the foregoing, either party may seek emergency equitable relief - before a state or federal court in order to maintain the status quo pending arbitration. -  A request for interim measures shall not be deemed a waiver of any other rights or - obligations under this Arbitration Agreement. - -

-

- (o)         - Claims Not Subject to Arbitration. - -  Notwithstanding the foregoing, claims of defamation, violation of the Computer - Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, - copyright, trademark or trade secrets shall not be subject to this Arbitration - Agreement. - -

-

- (p)         - Courts. - -   In any circumstances where the foregoing Arbitration Agreement permits the - parties to litigate in court, the parties hereby agree to submit to the personal - jurisdiction of the courts located within Kings  County, New York, for such purpose - -

-

- 13.3        Export. - - The Site may be subject to U.S. export control laws and may be subject to export or - import regulations in other countries. You agree not to export, re-export, or transfer, - directly or indirectly, any U.S. technical data acquired from Company, or any products - utilizing such data, in violation of the United States export laws or regulations. - -

-

- 13.4        Disclosures. - -   If you are a California resident, you may report complaints to the Complaint - Assistance Unit of the Division of Consumer Product of the California Department of - Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or - by telephone at (800) 952-5210. - -

-

- - 13.5        Electronic Communications. - - -   The communications between you and Company use electronic means, whether you use - the Site or send us emails, or whether Company posts notices on the Site or communicates - with you via email. For contractual purposes, you (a) consent to receive communications - from Company in an electronic form; and (b) agree that all terms and conditions, - agreements, notices, disclosures, and other communications that Company provides to you - electronically satisfy any legal requirement that such communications would satisfy if - it were be in a hard-copy writing. The foregoing does not affect your non-waivable - rights. - -

-

- - 13.6        Entire Terms. - - -  These Terms constitute the entire agreement between you and us regarding the use - of the Site and Services. Our failure to exercise or enforce any right or provision of - these Terms shall not operate as a waiver of such right or provision. The section titles - in these Terms are for convenience only and have no legal or contractual effect. The - word “including” means “including without limitation”.  If any provision of these - Terms is, for any reason, held to be invalid or unenforceable, the other provisions of - these Terms will be unimpaired and the invalid or unenforceable provision will be deemed - modified so that it is valid and enforceable to the maximum extent permitted by law. -  Your relationship to Company is that of an independent contractor, and neither - party is an agent or partner of the other.  These Terms, and your rights and - obligations herein, may not be assigned, subcontracted, delegated, or otherwise - transferred by you without Company’s prior written consent, and any attempted - assignment, subcontract, delegation, or transfer in violation of the foregoing will be - null and void.  Company may freely assign these Terms.  The terms and - conditions set forth in these Terms shall be binding upon assignees. - -

-

- 13.7        Contact. - - We welcome your comments or questions about these Terms. Please contact us at: - - info@liquality.io - . -

+
+

Terms of Use

+

Version 1.1

+

Last revised on: May 24, 2023

+

Welcome to Liquality (“ Liquality ”, “ Company ”, + “ + we ”, “ our ”, or “ us ”). Liquality is a + wallet + service that would enable users to hold, send, receive and swap tokens. These + terms of use (“ Terms ”, “ Terms of Use ” or the “ Agreement ”) + govern + your use of the wallet services on the website located at www.liquality.io  (the “ + Site + ”), the Chrome extension, platform, and all related tools, applications, data, software, and other + services provided by us (the “ Service ”). Certain features of the Site and Services may be + subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with + such + features.  All such additional terms, guidelines, and rules are incorporated by reference into + these + Terms and constitute a legally binding agreement between you and Company in relation to your use of the + Service. Any personal information submitted in connection with your use of the Service is subject to our + Privacy Policy, which is hereby incorporated by reference into these Terms.

+

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR + USE + OF THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE + TERMS + (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE + THE + RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU + REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE + SERVICES + IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. +  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. +  IF + YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND + SERVICES.

+

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS + TO + RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU + IN + THE EVENT OF A DISPUTE.

+
    +
  1. Use of the Liquality wallet service  +
    2. +
+

1.1        User Responsibilities.   In order to use + certain + features of the Site and Services, you must connect to your digital asset walle or create a digital + asset + wallet using our Servicet. You acknowledge that Company is not responsible for transferring, + safeguarding, + or maintaining your private keys or any digital currency associated therewith.  If you lose, + mishandle, + or have stolen associated digital currency private keys, you acknowledge that you may not be able to + recover + associated digital currency, and that Company is not responsible for such loss.  You agree not to + initiate or complete a swap transaction using any digital currency that may be considered a security + under + applicable law. You acknowledge that Company is not responsible for any loss or damage arising from your + failure to comply with the requirements hereunder.

+

1.2         Swap Provider Fee .   You acknowledge that + you + may receive a lesser amount of the receiving token in your wallet following the swap transaction than + displayed on the swap page as a result to pay for the swap provider fee and/or higher network + fees. +

+
    +
  1. ACCESS TO SITE AND SERVICES
    2. +
+

2.1         License .  Subject to these Terms, Company + grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and + Services solely for your own personal, noncommercial use.

+

2.2        Certain Restrictions.   The rights granted to + you + in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, + transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in + whole + or in part, or any content displayed on the Site or Services; (b) you shall not modify, make derivative + works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you + shall + not access the Site or Services in order to build a similar or competitive website, product, or service; + (d) + except as expressly stated herein, no part of the Site or Services may be copied, reproduced, + distributed, + republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall + not + use the Site or Services or enter into a swap transaction other than as permitted hereunder. +  Unless + otherwise indicated, any future release, update, or other addition to functionality of the Site and + Services + shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on + any + content displayed on the Site) must be retained on all copies thereof.

+

2.3        Modification.   Company reserves the right, + at + any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without + notice to you.  You agree that Company will not be liable to you or to any third party for any + modification, suspension, or discontinuation of the Site and Services or any part thereof.

+

2.4        No Support or Maintenance.   You acknowledge + and + agree that Company will have no obligation to provide you with any support or maintenance in connection + with + the Site and Services.

+

2.5        Ownership.   Excluding any User Content that + you + may provide (defined below), you acknowledge that all the intellectual property rights, including + copyrights, patents, trademarks, and trade secrets, in the Site and Services and its content are owned + by + Company or Company’s suppliers.  Neither these Terms (nor your access to the Site and + Services) + transfers to you or any third party any rights, title or interest in or to such intellectual property + rights, except for the limited access rights expressly set forth in Section ‎2.1. Company and its + suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted + under + these Terms.

+
    +
  1. USER CONTENT
    2. +
+

3.1        User Content.   “User Content” + means + any and all information and content that a user submits to, or uses with, the Site and Services (e.g., + content in the user’s profile or postings).  You are solely responsible for your User + Content. +  You assume all risks associated with use of your User Content, including any reliance on its + accuracy, + completeness or usefulness by others, or any disclosure of your User Content that personally identifies + you + or any third party.  You hereby represent and warrant that your User Content does not violate our + Acceptable Use Policy (defined in Section ‎3.3).  You may not represent or imply to others that + your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are + responsible for your User Content, you may expose yourself to liability if, for example, your User + Content + violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your + User + Content may be deleted at any time without prior notice.  You are solely responsible for creating + and + maintaining your own backup copies of your User Content if you desire.

+

3.2         License.   You hereby grant (and you + represent + and warrant that you have the right to grant) to Company an irrevocable, non-exclusive, royalty-free and + fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative + works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant + sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site + and + Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions + of + moral rights or attribution with respect to your User Content.

+

3.3        Acceptable Use Policy.   The following terms + constitute our “ Acceptable Use Policy ”:

+

(a)         You agree not to use the Site and Services to + collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party + right, + including any copyright, trademark, patent, trade secret, moral right, privacy right, right of + publicity, or + any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, + tortious, + threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally + misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, + or + physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is + harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or + restrictions imposed by any third party or governmental agency, including without limitation securities + laws, commodities laws, money transmission regulations, and anti-money laundering and anti-terrorism + laws.

+

(b)         In addition, you agree not to: (i) upload, + transmit, + or distribute to or through the Site or Services any computer viruses, worms, or any software intended + to + damage or alter a computer system or data; (ii) send through the Site or Services unsolicited or + unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any + other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the + Site + or Services to harvest, collect, gather or assemble information or data regarding other users, including + e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on + servers + or networks connected to the Site or Services, or violate the regulations, policies or procedures of + such + networks; (v) attempt to gain unauthorized access to the Site or Services (or to other computer systems + or + networks connected to or used together with the Site or Services), whether through password mining or + any + other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or + Services; + or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or + Services, or + to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the + Site or + Services (provided, however, that we conditionally grant to the operators of public search engines + revocable + permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely + to + the extent necessary for creating publicly available searchable indices of the materials, but not caches + or + archives of such materials, subject to the parameters set forth in our robots.txt file).

+

3.4        Enforcement.   We reserve the right (but have + no + obligation) to review any User Content, and to investigate and/or take appropriate action against you in + our + sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or + otherwise + create liability for us or any other person. Such action may include removing or modifying your User + Content, terminating your use, and/or reporting you to law enforcement authorities.

+

3.5        Feedback.   Should you encounter any bugs, + glitches, lack of functionality or other problems on the website, please let us know immediately so we + can + rectify these accordingly. We appreciate your feedback as it helps us develop the platform and offer the + best Service possible. If you provide Company with any feedback or suggestions regarding the Site or + Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree + that + Company shall have the right to use and fully exploit such Feedback and related information in any + manner it + deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and + non-proprietary. You agree that you will not submit to Company any information or ideas that you + consider to + be confidential or proprietary.

+

3.6        Rewards.   Company from time to time, in + its + sole discretion, may decide to offer prizes to incentivize user participation, however, any reward or + benefit offered by Company does not create, constitute, or give rise to any legal or contractual rights + in + users of the Site and Services. You acknowledge that Company has no legal obligation to provide rewards + to + any contributor.

+
    +
  1. INDEMNIFICATION
    2. +
+

You agree to indemnify and hold Company (and its directors, officers, employees, + contractors, affiliates, representatives and agents) harmless, including costs and attorneys’ + fees, + from any claim or demand made by any third party due to or arising out of (a) your use of the Site and + Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) + your User Content.  Company reserves the right, at your expense, to assume the exclusive defense + and + control of any matter for which you are required to indemnify us, and you agree to cooperate with our + defense of these claims.  You agree not to settle any matter without the prior written consent of + Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding + upon becoming aware of it.

+
    +
  1. THIRD PARTY LINKS &  ADS; OTHER USERS
    2. +
+

5.1        Third-Party Links & Ads.   The Site and + Services may contain links to third-party websites and services, including digital asset wallets, and/or + display advertisements for third parties (collectively, “ Third-Party Links & Ads ”). +  Such Third-Party Links & Ads are not under the control of Company, and Company is not + responsible + for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads + only + as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any + representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & + Ads + at your own risk, and should apply a suitable level of caution and discretion in doing so. When you + click on + any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, + including the third party’s privacy and data gathering practices.  You should make whatever + investigation you feel necessary or appropriate before proceeding with any transaction in connection + with + such Third-Party Links & Ads.

+

5.2        Other Users.   Each Site and Service user is + solely responsible for any and all of its own User Content.  Because we do not control User + Content, + you acknowledge and agree that we are not responsible for any User Content, whether provided by you or + by + others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any + User + Content.  Your interactions with other Site and Service users are solely between you and such + users. +  You agree that Company will not be responsible for any loss or damage incurred as the result of + any + such interactions.  If there is a dispute between you and any Site or Service user, we are under no + obligation to become involved.

+

5.3        Release.  You hereby release and forever + discharge the Company (and our directors, officers, employees, contractors, affiliates, representatives, + agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and + future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of + every kind and nature (including personal injuries, death, and property damage), that has arisen or + arises + directly or indirectly out of, or that relates directly or indirectly to, the Site or Services + (including + any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). +  IF + YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH + THE + FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT + KNOW + OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR + HER + MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

+

5.4        Third Party Beneficiaries.   You agree that, + except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to + the + Terms. The Terms of Use will not be construed as creating or implying any relationship of agency, + franchise, + partnership, or joint venture between you and Company, except and solely to the extent expressly stated + in + these Terms.

+
    +
  1. DISCLAIMERS
    2. +
+

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS + AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND + CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS + OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR + NON-INFRINGEMENT. +  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, + WILL + BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, + FREE + OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY + WARRANTIES + WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS + FROM + THE DATE OF FIRST USE.

+

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE + EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED + WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

+
    +
  1. FURTHER DISCLAIMERS
    2. +
+

Without limiting the generality of Section 6, neither Company nor its affiliates + or + licensors will have any responsibilities or liability with respect to the following: (a) the Services + could + be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of + Company to continue to develop or provide the Services, or for you and your users to use the Services, + (b) + Company has no obligation to update the Services or its underlying platforms and networks to address, + mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or + networks, + and (c) portions of the Services or any other underlying networks and platforms may rest on open-source + software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural + elements + of the Services or any other underlying networks and platforms, which may result in security + vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.

+
    +
  1. LIMITATION ON LIABILITY
    2. +
+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR + SUPPLIERS) + BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE + PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING + FROM OR + RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS + BEEN + ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR + OWN + DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER + SYSTEM, OR + LOSS OF DATA RESULTING THEREFROM.  

+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY + CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR + ANY + CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF + ONE + US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE + THAT + OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

+

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR + INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. +  

+
    +
  1. CRYPTOGRAPHIC SYSTEMS
    2. +
+

You acknowledge and understand that cryptography is a progressing field. Advances + in + code cracking or technical advances such as the development of quantum computers may present risks to + cryptographic systems and the Services, which could result in the theft or loss of your property. To the + extent possible, the Company intends to update the code underlying the Services to account for any + advances + in cryptography and to incorporate additional security measures, but does not guarantee or otherwise + represent full security of the system. By using the Services, you acknowledge these inherent + risks. +

+
    +
  1. PLATFORM SECURITY
    2. +
+

We are an early stage platform.  You acknowledge that applications are code + subject to flaws and acknowledge that you are solely responsible for evaluating any available code + provided + by the Services. You further expressly acknowledge and represent that applications can be written + maliciously or negligently, that we cannot be held liable for your interaction with such applications. + These + warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to + all + of the potential risks of utilizing the Site and Services.

+
    +
  1. COPYRIGHT INFRINGEMENT
    2. +
+

If you believe that your copyright or the copyright of a person on whose behalf + you + are authorized to act has been infringed, please provide Company a written notice containing the + following + information: (a) an electronic or physical signature of the person authorized to act on behalf of the + owner + of the copyright or other intellectual property interest, (b) a description of the copyrighted work or + other + intellectual property that you claim has been infringed, and (c) a description of where the material + that + you claim is infringing is located on the Site.

+

Company can be reached at:

+

Email: info@liquality.io

+

Subject Line: Copyright Notification: Liquality

+
    +
  1. TERM & TERMINATION
    2. +
+

Subject to this Section, these Terms will remain in full force and effect while + you + use the Site. We may suspend or terminate your rights to use the Site and Services at any time for any + reason at our sole discretion, including for any use of the Site or Services in violation of these + Terms. +  Upon termination of your rights under these Terms, your right to access and use the Site and + Services + will terminate immediately.  You understand that any such termination may involve deletion of your + User + Content.  Company will not have any liability whatsoever to you for any termination of your rights + under these Terms, including for deletion of your User Content.  Even after your rights under these + Terms are terminated, the following provisions of these Terms will remain in effect: Sections ‎2.2 + through ‎2.5, Sections ‎3 through 8, and Sections 11 through 14.       +   +

+
    +
  1. GENERAL
    2. +
+

13.1        Changes.   These Terms are subject to + occasional + revision, and if we make any changes, we will change the Last Updated date above.  Continued use of + our + Site and Services following such notice of such changes shall indicate your acknowledgement of such + changes + and agreement to be bound by the terms and conditions of such changes..

+

13.2        Dispute Resolution. Please read this Arbitration + Agreement (the “Arbitration Agreement”) carefully.  It is part of your contract with + Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A + CLASS + ACTION WAIVER.

+

(a)         Applicability of Arbitration Agreement.   + All + claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in + connection with the Terms or the use of any product or service provided by the Company that cannot be + resolved informally or in small claims court shall be resolved by binding arbitration on an individual + basis + under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration + proceedings + shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any + subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well + as + all authorized or unauthorized users or beneficiaries of services or goods provided under the + Terms. +

+

(b)         Notice Requirement and Informal Dispute + Resolution + .  Before either party may seek arbitration, the party must first send to the other party a written + Notice of Dispute ( “Notice” ) describing the nature and basis of + the + claim or dispute, and the requested relief.  A Notice to the Company should be sent to: +  220w 148th street, Apt. 5p, NY 10039 New York, US . +  After the Notice is received, you and the Company may attempt to resolve + the + claim or dispute informally.  If you and the Company do not resolve the claim or dispute within + thirty + (30) days after the Notice is received, either party may begin an arbitration proceeding.  The + amount + of any settlement offer made by any party may not be disclosed to the arbitrator until after the + arbitrator + has determined the amount of the award, if any, to which either party is entitled.

+

(c)         Arbitration Rules .   This Agreement shall + be + governed by the laws of the State of New York. Any claim, dispute, or controversy (“Claim”) + arising out of or relating to this Agreement or the relationships among the parties hereto shall be + resolved + by one arbitrator through binding arbitration conducted in accordance with the expedited procedures set + forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those + Rules + exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The + arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be + entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction + involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall + sue + the other party other than as provided herein or for enforcement of this clause or of the + arbitrator’s + award; any such suit may be brought only in a Federal District Court or a New York state court located + in + New York County, New York. The arbitrator, and not any federal, state, or local court, shall have + exclusive + authority to resolve any dispute relating to the interpretation, applicability, unconscionability, + arbitrability, enforceability, or formation of this Agreement including any claim that all or any part + of + the Agreement is void or voidable.

+

(d)         Additional Rules for Non-Appearance Based + Arbitration + .  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, + online and/or based solely on written submissions; the specific manner shall be chosen by the party + initiating the arbitration.  The arbitration shall not involve any personal appearance by the + parties + or witnesses unless otherwise agreed by the parties.

+

(e)         Time Limits.   If you or the Company pursue + arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations + (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Rules for the + pertinent claim.

+

(f)         Authority of Arbitrator .  If arbitration is + initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and + the + dispute will not be consolidated with any other matters or joined with any other cases or parties. +  The + arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The + arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or + relief available to an individual under applicable law, the Rules, and the Terms.  The arbitrator + shall + issue a written award and statement of decision describing the essential findings and conclusions on + which + the award is based, including the calculation of any damages awarded.  The arbitrator has the same + authority to award relief on an individual basis that a judge in a court of law would have.  The + award + of the arbitrator is final and binding upon you and the Company.

+

(g)         Waiver of Jury Trial.   THE PARTIES HEREBY + WAIVE + THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, + instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration + Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than + rules applicable in a court and are subject to very limited review by a court.  In the event any + litigation should arise between you and the Company in any state or federal court in a suit to vacate or + enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead + electing that the dispute be resolved by a judge.

+

(h)         Waiver of Class or Consolidated Actions . +  ALL + CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN + INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE + ARBITRATED + OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

+

(i)         Confidentiality .  All aspects of the + arbitration proceeding, including but not limited to the award of the arbitrator and compliance + therewith, + shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise + required by law.  This paragraph shall not prevent a party from submitting to a court of law any + information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive + or + equitable relief.

+

(j)         Severability .  If any part or parts of this + Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent + jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and + the + remainder of the Agreement shall continue in full force and effect.

+

(k)         Right to Waive.   Any or all of the rights + and + limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is + asserted.  Such waiver shall not waive or affect any other portion of this Arbitration + Agreement.

+

(l)         Survival of Agreement. This Arbitration Agreement + will survive the termination of your relationship with Company.  

+

(m)         Small Claims Court.   Notwithstanding the + foregoing, either you or the Company may bring an individual action in small claims court.

+

(n)         Emergency Equitable Relief . +  Notwithstanding + the foregoing, either party may seek emergency equitable relief before a state or federal court in order + to + maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a + waiver of any other rights or obligations under this Arbitration Agreement.

+

(o)         Claims Not Subject to Arbitration. +  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse + Act, + and infringement or misappropriation of the other party’s patent, copyright, trademark or trade + secrets shall not be subject to this Arbitration Agreement.

+

(p)         Courts.   In any circumstances where the + foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to + submit + to the personal jurisdiction of the courts located within Kings County, New York, for such + purpose +

+

13.3        Export. The Site may be subject to U.S. export + control laws and may be subject to export or import regulations in other countries. You agree not to + export, + re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any + products utilizing such data, in violation of the United States export laws or regulations.

+

13.4        Disclosures.  If you are a California + resident, + you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the + California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA + 95814, or by telephone at (800) 952-5210.

+

13.5        Electronic Communications.  The + communications + between you and Company use electronic means, whether you use the Site or send us emails, or whether + Company + posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent + to + receive communications from Company in an electronic form; and (b) agree that all terms and conditions, + agreements, notices, disclosures, and other communications that Company provides to you electronically + satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy + writing. + The foregoing does not affect your non-waivable rights.

+

13.6        Entire Terms.  These Terms constitute the + entire + agreement between you and us regarding the use of the Site and Services. Our failure to exercise or + enforce + any right or provision of these Terms shall not operate as a waiver of such right or provision. The + section + titles in these Terms are for convenience only and have no legal or contractual effect. The word + “including” means “including without limitation”.  If any provision of + these + Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will + be + unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and + enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an + independent contractor, and neither party is an agent or partner of the other.  These Terms, and + your + rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred + by + you without Company’s prior written consent, and any attempted assignment, subcontract, + delegation, or + transfer in violation of the foregoing will be null and void.  Company may freely assign these + Terms. +  The terms and conditions set forth in these Terms shall be binding upon assignees.

+

13.7        Contact. We welcome your comments or questions + about these Terms. Please contact us at:  info@liquality.io /span>.

+

+
\ No newline at end of file diff --git a/src/locales/ph/terms.html b/src/locales/ph/terms.html index 132d667d0..3fca9b695 100644 --- a/src/locales/ph/terms.html +++ b/src/locales/ph/terms.html @@ -1,905 +1,626 @@ +
-

- - THIS IS THE BETA VERSION OF THE LIQUALITY PLATFORM WHICH IS STILL BEING ACTIVELY - DEVELOPED. YOU ACKNOWLEDGE THE INFORMATION AVAILABLE IS NOT INTENDED TO BE RELIED ON OR - USED IN A PRODUCTION ENVIRONMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE SITE OR SERVICES - (A) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, (B) MAY FUNCTION IMPROPERLY OR BE SUBJECT TO - PERIODS OF DOWNTIME AN UNAVAILABILITY, (C) MAY RESULT IN TOTAL OR PARTIAL LOSS OR - CORRUPTION OF DATA USED IN THE SITE, AND (D) MAY BE MODIFIED AT ANY TIME, INCLUDING - THROUGH THE RELEASE OF SUBSEQUENT VERSIONS, ALL WITH OR WITHOUT NOTICE. THE ALPHA - PLATFORM IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF - COLLECTING FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND ANY DEFECTS. THANK YOU FOR - YOUR SUPPORT WHILE WE CONTINUE TO WORK ON DELIVERING A PERFECT PRODUCT. - -

-

- -

-

- -

-

- Terms of Use -

-

Version 1.0

-

Last revised on: December 6, 2018

-

- -

-

- Welcome to ConsenSys AG’s - Liquality - (“ - Liquality - ”, “ - Company - ”, “ - we - ”, “ - our - ”, or “ - us - - ”). Liquality is a client-based platform that would enable users to swap consumer tokens - on a peer-to-peer basis without an intermediary. These terms of use (“ - - Terms - ”, “ - Terms of Use - ” or the “ - Agreement - ”) govern your use of the website located at - - https://liquality.io/ - -  (the “ - Site - - ”), platform, and all related tools, applications, data, software, and other services - provided by us (the “ - - Service - - ”). Certain features of the Site and Services may be subject to additional guidelines, - terms, or rules, which will be posted on the Site in connection with such features. -  All such additional terms, guidelines, and rules are incorporated by reference - into these Terms and constitute a legally binding agreement between you and Company in - relation to your use of the Service. Any personal information submitted in connection - with your use of the Service is subject to our Privacy Policy, which is hereby - incorporated by reference into these Terms. - -

-

- -

-

- - THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF - THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE - ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU - REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO - THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER - REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN - YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH - APPLICABLE LAWS.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE - NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE - TERMS, DO NOT ACCESS AND/OR USE THE SITE AND SERVICES. - -

-

- - THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS TO - RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES - AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. - -

-
    -
  1. - TEST - SWAP TRANSACTIONS -   -
    2. -
-

- - 1.1        User Responsibilities.   - - - In order to use certain features of the Site and Services, you must connect to your - digital asset wallet.  You acknowledge that Company is not responsible for - transferring, safeguarding, or maintaining your private keys or any digital currency - associated therewith.  If you lose, mishandle, or have stolen associated digital - currency private keys, you acknowledge that you may not be able to recover associated - digital currency, and that Company is not responsible for such loss.   You agree to - only enter into a swap transaction using bitcoin (BTC) or ether (ETH) in your custody - that exists on a “testnet” blockchain.  You agree not to initiate or complete a - swap transaction using, or otherwise provide any digital currency that exists on, a - “mainnet” blockchain or any digital currency that may be considered a security under - applicable law. You acknowledge that Company is not responsible for any loss or damage - arising from your failure to comply with the requirements hereunder. - -

-

- 1.2         - Swap Amounts - . - -   You acknowledge that you may receive a lesser amount of BTC or ETH in your wallet - following the swap transaction than displayed on the swap page as a result of a portion - of such BTC or ETH being used to pay fees to miners. - -

-

- 1.3         - Company Discretion - . - -   Company has sole discretion as to whether or not to enter into a swap transaction - with you. - -

-
    -
  1. - ACCESS TO SITE AND SERVICES -
    2. -
-

- 2.1         - License - . - -  Subject to these Terms, Company grants you a non-transferable, non-exclusive, - revocable, limited license to use and access the Site and Services solely for your own - personal, noncommercial use. - -

-

- - 2.2        Certain Restrictions.   - - - The rights granted to you in these Terms are subject to the following restrictions: (a) - you shall not license, sell, rent, lease, transfer, assign, distribute, host, or - otherwise commercially exploit the Site or Services, whether in whole or in part, or any - content displayed on the Site or Services; (b) you shall not modify, make derivative - works of, disassemble, reverse compile or reverse engineer any part of the Site or - Services; (c) you shall not access the Site or Services in order to build a similar or - competitive website, product, or service; (d) except as expressly stated herein, no part - of the Site or Services may be copied, reproduced, distributed, republished, downloaded, - displayed, posted or transmitted in any form or by any means; and (e) you shall not use - the Site or Services or enter into a swap transaction other than as permitted hereunder. -  Unless otherwise indicated, any future release, update, or other addition to - functionality of the Site and Services shall be subject to these Terms.  All - copyright and other proprietary notices on the Site (or on any content displayed on the - Site) must be retained on all copies thereof. - -

-

- 2.3        Modification. - -   Company reserves the right, at any time, to modify, suspend, or discontinue the - Site or Services (in whole or in part) with or without notice to you.  You agree - that Company will not be liable to you or to any third party for any modification, - suspension, or discontinuation of the Site and Services or any part thereof. - -

-

- - 2.4        No Support or Maintenance. - - -   You acknowledge and agree that Company will have no obligation to provide you - with any support or maintenance in connection with the Site and Services. - -

-

- - 2.5        Ownership.   - - - Excluding any User Content that you may provide (defined below), you acknowledge that - all the intellectual property rights, including copyrights, patents, trademarks, and - trade secrets, in the Site and Services and its content are owned by Company or - Company’s suppliers.  Neither these Terms (nor your access to the Site and - Services) transfers to you or any third party any rights, title or interest in or to - such intellectual property rights, except for the limited access rights expressly set - forth in Section ‎2.1. Company and its suppliers reserve all rights not granted in these - Terms.  There are no implied licenses granted under these Terms. - -

-
    -
  1. - USER CONTENT -
    2. -
-

- 3.1        User Content. -   “ - User Content - - ” means any and all information and content that a user submits to, or uses with, the - Site and Services (e.g., content in the user’s profile or postings).  You are - solely responsible for your User Content.  You assume all risks associated with use - of your User Content, including any reliance on its accuracy, completeness or usefulness - by others, or any disclosure of your User Content that personally identifies you or any - third party.  You hereby represent and warrant that your User Content does not - violate our Acceptable Use Policy (defined in Section ‎3.3).  You may not represent - or imply to others that your User Content is in any way provided, sponsored or endorsed - by Company.  Because you alone are responsible for your User Content, you may - expose yourself to liability if, for example, your User Content violates the Acceptable - Use Policy.  Company is not obligated to backup any User Content, and your User - Content may be deleted at any time without prior notice.  You are solely - responsible for creating and maintaining your own backup copies of your User Content if - you desire. - -

-

- 3.2         - License. - -   You hereby grant (and you represent and warrant that you have the right to grant) - to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license - to reproduce, distribute, publicly display and perform, prepare derivative works of, - incorporate into other works, and otherwise use and exploit your User Content, and to - grant sublicenses of the foregoing rights, solely for the purposes of including your - User Content in the Site and Services.  You hereby irrevocably waive (and agree to - cause to be waived) any claims and assertions of moral rights or attribution with - respect to your User Content. - -

-

- - 3.3        Acceptable Use Policy.   - - The following terms constitute our “ - Acceptable Use Policy - ”: -

-

- (a)         - - You agree not to use the Site and Services to collect, upload, transmit, display, or - distribute any User Content (i) that violates any third-party right, including any - copyright, trademark, patent, trade secret, moral right, privacy right, right of - publicity, or any other intellectual property or proprietary right; (ii) that is - unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s - privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, - pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical - harm of any kind against any group or individual or is otherwise objectionable; (iii) - that is harmful to minors in any way; or (iv) that is in violation of any law, - regulation, or obligations or restrictions imposed by any third party or governmental - agency, including without limitation securities laws, commodities laws, money - transmission regulations, and anti-money laundering and anti-terrorism laws. - -

-

- (b)         - - In addition, you agree not to: (i) upload, transmit, or distribute to or through the - Site or Services any computer viruses, worms, or any software intended to damage or - alter a computer system or data; (ii) send through the Site or Services unsolicited or - unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid - schemes, or any other form of duplicative or unsolicited messages, whether commercial or - otherwise; (iii)  use the Site or Services to harvest, collect, gather or assemble - information or data regarding other users, including e-mail addresses, without their - consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks - connected to the Site or Services, or violate the regulations, policies or procedures of - such networks; (v) attempt to gain unauthorized access to the Site or Services (or to - other computer systems or networks connected to or used together with the Site or - Services), whether through password mining or any other means; (vi) harass or interfere - with any other user’s use and enjoyment of the Site or Services; or (vi) use software or - automated agents or scripts to produce multiple accounts on the Site or Services, or to - generate automated searches, requests, or queries to (or to strip, scrape, or mine data - from) the Site or Services (provided, however, that we conditionally grant to the - operators of public search engines revocable permission to use spiders to copy materials - from the Site or Services for the sole purpose of and solely to the extent necessary for - creating publicly available searchable indices of the materials, but not caches or - archives of such materials, subject to the parameters set forth in our robots.txt file). - -

-

- - 3.4        Enforcement.   - - - We reserve the right (but have no obligation) to review any User Content, and to - investigate and/or take appropriate action against you in our sole discretion if you - violate the Acceptable Use Policy or any other provision of these Terms or otherwise - create liability for us or any other person. Such action may include removing or - modifying your User Content, terminating your use, and/or reporting you to law - enforcement authorities. - -

-

- 3.5        Feedback. - -   Should you encounter any bugs, glitches, lack of functionality or other problems - on the website, please let us know immediately so we can rectify these accordingly. We - appreciate your feedback as it helps us develop the platform and offer the best Service - possible. If you provide Company with any feedback or suggestions regarding the Site or - Services (“ - - Feedback - - ”), you hereby assign to Company all rights in such Feedback and agree that Company - shall have the right to use and fully exploit such Feedback and related information in - any manner it deems appropriate.  Company will treat any Feedback you provide to - Company as non-confidential and non-proprietary.  You agree that you will not - submit to Company any information or ideas that you consider to be confidential or - proprietary. - -

-

- -

-

- - 3.6        Rewards.   - - - Company from time to time, in its sole discretion, may decide to offer prizes to - incentivize user participation, however, any reward or benefit offered by Company does - not create, constitute, or give rise to any legal or contractual rights in users of the - Site and Services. You acknowledge that Company has no legal obligation to provide - rewards to any contributor. - -

-
    -
  1. - INDEMNIFICATION -
    2. -
-

- - You agree to indemnify and hold Company (and its directors, officers, employees, - contractors, affiliates, representatives and agents) harmless, including costs and - attorneys’ fees, from any claim or demand made by any third party due to or arising out - of (a) your use of the Site and Services, (b) your violation of these Terms, (c) your - violation of applicable laws or regulations or (d) your User Content.  Company - reserves the right, at your expense, to assume the exclusive defense and control of any - matter for which you are required to indemnify us, and you agree to cooperate with our - defense of these claims.  You agree not to settle any matter without the prior - written consent of Company.  Company will use reasonable efforts to notify you of - any such claim, action or proceeding upon becoming aware of it. - -

-
    -
  1. - THIRD PARTY LINKS - & -  ADS; OTHER USERS -
    2. -
-

- - 5.1        Third-Party Links & Ads.   - - - The Site and Services may contain links to third-party websites and services, including - digital asset wallets, and/or display advertisements for third parties (collectively, “ - - Third-Party Links & Ads - - ”).  Such Third-Party Links & Ads are not under the control of Company, and - Company is not responsible for any Third-Party Links & Ads.  Company provides - access to these Third-Party Links & Ads only as a convenience to you, and does not - review, approve, monitor, endorse, warrant, or make any representations with respect to - Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own - risk, and should apply a suitable level of caution and discretion in doing so. When you - click on any of the Third-Party Links & Ads, the applicable third party’s terms and - policies apply, including the third party’s privacy and data gathering practices. -  You should make whatever investigation you feel necessary or appropriate before - proceeding with any transaction in connection with such Third-Party Links & Ads. - -

-

- - 5.2        Other Users.   - - - Each Site and Service user is solely responsible for any and all of its own User - Content.  Because we do not control User Content, you acknowledge and agree that we - are not responsible for any User Content, whether provided by you or by others.  We - make no guarantees regarding the accuracy, currency, suitability, or quality of any User - Content.  Your interactions with other Site and Service users are solely between - you and such users.  You agree that Company will not be responsible for any loss or - damage incurred as the result of any such interactions.  If there is a dispute - between you and any Site or Service user, we are under no obligation to become involved. - -

-

- 5.3        Release. - -  You hereby release and forever discharge the Company (and our directors, officers, - employees, contractors, affiliates, representatives, agents, successors, and assigns) - from, and hereby waive and relinquish, each and every past, present and future dispute, - claim, controversy, demand, right, obligation, liability, action and cause of action of - every kind and nature (including personal injuries, death, and property damage), that - has arisen or arises directly or indirectly out of, or that relates directly or - indirectly to, the Site or Services (including any interactions with, or act or omission - of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA - RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE - FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR - DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE - RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER - SETTLEMENT WITH THE DEBTOR.” - -

-

- - 5.4        Third Party Beneficiaries.   - - - You agree that, except as otherwise expressly provided in these Terms, there shall be no - third party beneficiaries to the Terms. The Terms of Use will not be construed as - creating or implying any relationship of agency, franchise, partnership, or joint - venture between you and Company, except and solely to the extent expressly stated in - these Terms. - -

-
    -
  1. - DISCLAIMERS -
    2. -
-

- - THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY - (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY - KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR - NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND - SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, - SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER - HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES - WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO - NINETY (90) DAYS FROM THE DATE OF FIRST USE. - -

-

- -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE - EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW - LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. - -

-

- -

-
    -
  1. - FURTHER DISCLAIMERS -
    2. -
-

- - Without limiting the generality of Section 6, neither Company nor its affiliates or - licensors will have any responsibilities or liability with respect to the following: (a) - the Services could be impacted by one or more regulatory inquiries or actions, which - could prevent or limit the ability of Company to continue to develop or provide the - Services, or for you and your users to use the Services, (b) Company has no obligation - to update the Services or its underlying platforms and networks to address, mitigate, or - remediate any security or other vulnerabilities in the Services, or such platforms or - networks, and (c) portions of the Services or any other underlying networks and - platforms may rest on open-source software, and there is a risk that weaknesses or bugs - that may be introduced in the infrastructural elements of the Services or any other - underlying networks and platforms, which may result in security vulnerabilities, data - loss, damage, destructions, disclosure, or other compromises. - -

-
    -
  1. - LIMITATION ON LIABILITY -
    2. -
-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE - LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT - OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL - OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY - TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF - SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR OWN - DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR - COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.   - -

-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY - CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS - AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT - ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN - ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO - LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. - -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL - OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. -   - -

-
    -
  1. - CRYPTOGRAPHIC SYSTEMS -
    2. -
-

- - You acknowledge and understand that cryptography is a progressing field. Advances in - code cracking or technical advances such as the development of quantum computers may - present risks to cryptographic systems and the Services, which could result in the theft - or loss of your property. To the extent possible, the Company intends to update the code - underlying the Services to account for any advances in cryptography and to incorporate - additional security measures, but does not guarantee or otherwise represent full - security of the system. By using the Services, you acknowledge these inherent risks. - -

-
    -
  1. - PLATFORM SECURITY -
    2. -
-

- - We are an early stage platform.  You acknowledge that applications are code subject - to flaws and acknowledge that you are solely responsible for evaluating any available - code provided by the Services. You further expressly acknowledge and represent that - applications can be written maliciously or negligently, that we cannot be held liable - for your interaction with such applications. These warnings and others later provided by - us in no way evidence or represent an ongoing duty to alert you to all of the potential - risks of utilizing the Site and Services. - -

-
    -
  1. - COPYRIGHT INFRINGEMENT -
    2. -
-

- - If you believe that your copyright or the copyright of a person on whose behalf you are - authorized to act has been infringed, please provide Company a written notice containing - the following information: (a) an electronic or physical signature of the person - authorized to act on behalf of the owner of the copyright or other intellectual property - interest, (b) a description of the copyrighted work or other intellectual property that - you claim has been infringed, and (c) a description of where the material that you claim - is infringing is located on the Site. - -

-

- Company can be reached at: -

-

- Email: - - - - [email protected] - - - - ; - - - - [email protected] - - - -   -

-

- Subject Line: Copyright Notification: - Liquality -

-
    -
  1. - TERM & TERMINATION -
    2. -
-

- - Subject to this Section, these Terms will remain in full force and effect while you use - the Site.  We may suspend or terminate your rights to use the Site and Services at - any time for any reason at our sole discretion, including for any use of the Site or - Services in violation of these Terms.  Upon termination of your rights under these - Terms, your right to access and use the Site and Services will terminate immediately. -  You understand that any such termination may involve deletion of your User - Content.  Company will not have any liability whatsoever to you for any termination - of your rights under these Terms, including for deletion of your User Content. -  Even after your rights under these Terms are terminated, the following provisions - of these Terms will remain in effect: Sections ‎2.2 through ‎2.5, Sections ‎3 through 8, - and Sections 11 through 14.         - -

-
    -
  1. - GENERAL -
    2. -
-

- 13.1        Changes. - -   These Terms are subject to occasional revision, and if we make any changes, we - will change the Last Updated date above.  Continued use of our Site and Services - following such notice of such changes shall indicate your acknowledgement of such - changes and agreement to be bound by the terms and conditions of such changes.. - -

-

- - 13.2        Dispute Resolution. - - - Please read this Arbitration Agreement (the “Arbitration Agreement”) carefully.  It - is part of your contract with Company and affects your rights.  It contains - procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. - -

-

- (a)         - Applicability of Arbitration Agreement. - -   All claims and disputes (excluding claims for injunctive or other equitable - relief as set forth below) in connection with the Terms or the use of any product or - service provided by the Company that cannot be resolved informally or in small claims - court shall be resolved by binding arbitration on an individual basis under the terms of - this Arbitration Agreement.  Unless otherwise agreed to, all arbitration - proceedings shall be held in English.  This Arbitration Agreement applies to you - and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in - interest, successors, and assigns, as well as all authorized or unauthorized users or - beneficiaries of services or goods provided under the Terms. - -

-

- (b)         - Notice Requirement and Informal Dispute Resolution - - .  Before either party may seek arbitration, the party must first send to the other - party a written Notice of Dispute ( - - “Notice” - - ) describing the nature and basis of the claim or dispute, and the requested relief. -  A Notice to the Company should be sent to: 49 Bogart St. #22, Brooklyn, New York - 11206.  After the Notice is received, you and the Company may attempt to resolve - the claim or dispute informally.  If you and the Company do not resolve the claim - or dispute within thirty (30) days after the Notice is received, either party may begin - an arbitration proceeding.  The amount of any settlement offer made by any party - may not be disclosed to the arbitrator until after the arbitrator has determined the - amount of the award, if any, to which either party is entitled. - -

-

- (c)         - Arbitration Rules - - .   This Agreement shall be governed by the laws of the State of New York. Any - claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or - the relationships among the parties hereto shall be resolved by one arbitrator through - binding arbitration conducted in accordance with the expedited procedures set forth in - the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules - exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those - Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment - upon the award may be entered and enforced in any court having jurisdiction. This clause - is made pursuant to a transaction involving interstate commerce and shall be governed by - the Federal Arbitration Act. Neither party shall sue the other party other than as - provided herein or for enforcement of this clause or of the arbitrator’s award; any such - suit may be brought only in a Federal District Court or a New York state court located - in New York County, New York. The arbitrator, and not any federal, state, or local - court, shall have exclusive authority to resolve any dispute relating to the - interpretation, applicability, unconscionability, arbitrability, enforceability, or - formation of this Agreement including any claim that all or any part of the Agreement is - void or voidable. - -

-

- (d)         - Additional Rules for Non-Appearance Based Arbitration - - .  If non-appearance based arbitration is elected, the arbitration shall be - conducted by telephone, online and/or based solely on written submissions; the specific - manner shall be chosen by the party initiating the arbitration.  The arbitration - shall not involve any personal appearance by the parties or witnesses unless otherwise - agreed by the parties. - -

-

- (e)         - Time Limits. - -   If you or the Company pursue arbitration, the arbitration action must be - initiated and/or demanded within the statute of limitations (i.e., the legal deadline - for filing a claim) and within any deadline imposed under the Rules for the pertinent - claim. - -

-

- (f)         - Authority of Arbitrator - - .  If arbitration is initiated, the arbitrator will decide the rights and - liabilities, if any, of you and the Company, and the dispute will not be consolidated - with any other matters or joined with any other cases or parties.  The arbitrator - shall have the authority to grant motions dispositive of all or part of any claim. -  The arbitrator shall have the authority to award monetary damages, and to grant - any non-monetary remedy or relief available to an individual under applicable law, the - Rules, and the Terms.  The arbitrator shall issue a written award and statement of - decision describing the essential findings and conclusions on which the award is based, - including the calculation of any damages awarded.  The arbitrator has the same - authority to award relief on an individual basis that a judge in a court of law would - have.  The award of the arbitrator is final and binding upon you and the Company. - -

-

- (g)         - Waiver of Jury Trial. - -   THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT - AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and - disputes shall be resolved by arbitration under this Arbitration Agreement. -  Arbitration procedures are typically more limited, more efficient and less costly - than rules applicable in a court and are subject to very limited review by a court. -  In the event any litigation should arise between you and the Company in any state - or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU - AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be - resolved by a judge. - -

-

- (h)         - Waiver of Class or Consolidated Actions - - .  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE - ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF - MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED - WITH THOSE OF ANY OTHER CUSTOMER OR USER.   - -

-

- (i)         - Confidentiality - - .  All aspects of the arbitration proceeding, including but not limited to the - award of the arbitrator and compliance therewith, shall be strictly confidential. -  The parties agree to maintain confidentiality unless otherwise required by law. -  This paragraph shall not prevent a party from submitting to a court of law any - information necessary to enforce this Agreement, to enforce an arbitration award, or to - seek injunctive or equitable relief. - -

-

- (j)         - Severability - - .  If any part or parts of this Arbitration Agreement are found under the law to be - invalid or unenforceable by a court of competent jurisdiction, then such specific part - or parts shall be of no force and effect and shall be severed and the remainder of the - Agreement shall continue in full force and effect. - -

-

- (k)         - Right to Waive. - -   Any or all of the rights and limitations set forth in this Arbitration Agreement - may be waived by the party against whom the claim is asserted.  Such waiver shall - not waive or affect any other portion of this Arbitration Agreement. - -

-

- (l)         - Survival of Agreement - - .  This Arbitration Agreement will survive the termination of your relationship - with Company.   - -

-

- (m)         - Small Claims Court. - -   Notwithstanding the foregoing, either you or the Company may bring an individual - action in small claims court. - -

-

- (n)         - Emergency Equitable Relief - - .  Notwithstanding the foregoing, either party may seek emergency equitable relief - before a state or federal court in order to maintain the status quo pending arbitration. -  A request for interim measures shall not be deemed a waiver of any other rights or - obligations under this Arbitration Agreement. - -

-

- (o)         - Claims Not Subject to Arbitration. - -  Notwithstanding the foregoing, claims of defamation, violation of the Computer - Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, - copyright, trademark or trade secrets shall not be subject to this Arbitration - Agreement. - -

-

- (p)         - Courts. - -   In any circumstances where the foregoing Arbitration Agreement permits the - parties to litigate in court, the parties hereby agree to submit to the personal - jurisdiction of the courts located within Kings  County, New York, for such purpose - -

-

- 13.3        Export. - - The Site may be subject to U.S. export control laws and may be subject to export or - import regulations in other countries. You agree not to export, re-export, or transfer, - directly or indirectly, any U.S. technical data acquired from Company, or any products - utilizing such data, in violation of the United States export laws or regulations. - -

-

- 13.4        Disclosures. - -   If you are a California resident, you may report complaints to the Complaint - Assistance Unit of the Division of Consumer Product of the California Department of - Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or - by telephone at (800) 952-5210. - -

-

- - 13.5        Electronic Communications. - - -   The communications between you and Company use electronic means, whether you use - the Site or send us emails, or whether Company posts notices on the Site or communicates - with you via email. For contractual purposes, you (a) consent to receive communications - from Company in an electronic form; and (b) agree that all terms and conditions, - agreements, notices, disclosures, and other communications that Company provides to you - electronically satisfy any legal requirement that such communications would satisfy if - it were be in a hard-copy writing. The foregoing does not affect your non-waivable - rights. - -

-

- - 13.6        Entire Terms. - - -  These Terms constitute the entire agreement between you and us regarding the use - of the Site and Services. Our failure to exercise or enforce any right or provision of - these Terms shall not operate as a waiver of such right or provision. The section titles - in these Terms are for convenience only and have no legal or contractual effect. The - word “including” means “including without limitation”.  If any provision of these - Terms is, for any reason, held to be invalid or unenforceable, the other provisions of - these Terms will be unimpaired and the invalid or unenforceable provision will be deemed - modified so that it is valid and enforceable to the maximum extent permitted by law. -  Your relationship to Company is that of an independent contractor, and neither - party is an agent or partner of the other.  These Terms, and your rights and - obligations herein, may not be assigned, subcontracted, delegated, or otherwise - transferred by you without Company’s prior written consent, and any attempted - assignment, subcontract, delegation, or transfer in violation of the foregoing will be - null and void.  Company may freely assign these Terms.  The terms and - conditions set forth in these Terms shall be binding upon assignees. - -

-

- 13.7        Contact. - - We welcome your comments or questions about these Terms. Please contact us at: - - info@liquality.io - . -

+
+

Terms of Use

+

Version 1.1

+

Last revised on: May 24, 2023

+

Welcome to Liquality (“ Liquality ”, “ Company ”, + “ + we ”, “ our ”, or “ us ”). Liquality is a + wallet + service that would enable users to hold, send, receive and swap tokens. These + terms of use (“ Terms ”, “ Terms of Use ” or the “ Agreement ”) + govern + your use of the wallet services on the website located at www.liquality.io  (the “ + Site + ”), the Chrome extension, platform, and all related tools, applications, data, software, and other + services provided by us (the “ Service ”). Certain features of the Site and Services may be + subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with + such + features.  All such additional terms, guidelines, and rules are incorporated by reference into + these + Terms and constitute a legally binding agreement between you and Company in relation to your use of the + Service. Any personal information submitted in connection with your use of the Service is subject to our + Privacy Policy, which is hereby incorporated by reference into these Terms.

+

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR + USE + OF THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE + TERMS + (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE + THE + RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU + REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE + SERVICES + IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. +  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. +  IF + YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND + SERVICES.

+

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS + TO + RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU + IN + THE EVENT OF A DISPUTE.

+
    +
  1. Use of the Liquality wallet service  +
    2. +
+

1.1        User Responsibilities.   In order to use + certain + features of the Site and Services, you must connect to your digital asset walle or create a digital + asset + wallet using our Servicet. You acknowledge that Company is not responsible for transferring, + safeguarding, + or maintaining your private keys or any digital currency associated therewith.  If you lose, + mishandle, + or have stolen associated digital currency private keys, you acknowledge that you may not be able to + recover + associated digital currency, and that Company is not responsible for such loss.  You agree not to + initiate or complete a swap transaction using any digital currency that may be considered a security + under + applicable law. You acknowledge that Company is not responsible for any loss or damage arising from your + failure to comply with the requirements hereunder.

+

1.2         Swap Provider Fee .   You acknowledge that + you + may receive a lesser amount of the receiving token in your wallet following the swap transaction than + displayed on the swap page as a result to pay for the swap provider fee and/or higher network + fees. +

+
    +
  1. ACCESS TO SITE AND SERVICES
    2. +
+

2.1         License .  Subject to these Terms, Company + grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and + Services solely for your own personal, noncommercial use.

+

2.2        Certain Restrictions.   The rights granted to + you + in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, + transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in + whole + or in part, or any content displayed on the Site or Services; (b) you shall not modify, make derivative + works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you + shall + not access the Site or Services in order to build a similar or competitive website, product, or service; + (d) + except as expressly stated herein, no part of the Site or Services may be copied, reproduced, + distributed, + republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall + not + use the Site or Services or enter into a swap transaction other than as permitted hereunder. +  Unless + otherwise indicated, any future release, update, or other addition to functionality of the Site and + Services + shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on + any + content displayed on the Site) must be retained on all copies thereof.

+

2.3        Modification.   Company reserves the right, + at + any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without + notice to you.  You agree that Company will not be liable to you or to any third party for any + modification, suspension, or discontinuation of the Site and Services or any part thereof.

+

2.4        No Support or Maintenance.   You acknowledge + and + agree that Company will have no obligation to provide you with any support or maintenance in connection + with + the Site and Services.

+

2.5        Ownership.   Excluding any User Content that + you + may provide (defined below), you acknowledge that all the intellectual property rights, including + copyrights, patents, trademarks, and trade secrets, in the Site and Services and its content are owned + by + Company or Company’s suppliers.  Neither these Terms (nor your access to the Site and + Services) + transfers to you or any third party any rights, title or interest in or to such intellectual property + rights, except for the limited access rights expressly set forth in Section ‎2.1. Company and its + suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted + under + these Terms.

+
    +
  1. USER CONTENT
    2. +
+

3.1        User Content.   “User Content” + means + any and all information and content that a user submits to, or uses with, the Site and Services (e.g., + content in the user’s profile or postings).  You are solely responsible for your User + Content. +  You assume all risks associated with use of your User Content, including any reliance on its + accuracy, + completeness or usefulness by others, or any disclosure of your User Content that personally identifies + you + or any third party.  You hereby represent and warrant that your User Content does not violate our + Acceptable Use Policy (defined in Section ‎3.3).  You may not represent or imply to others that + your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are + responsible for your User Content, you may expose yourself to liability if, for example, your User + Content + violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your + User + Content may be deleted at any time without prior notice.  You are solely responsible for creating + and + maintaining your own backup copies of your User Content if you desire.

+

3.2         License.   You hereby grant (and you + represent + and warrant that you have the right to grant) to Company an irrevocable, non-exclusive, royalty-free and + fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative + works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant + sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site + and + Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions + of + moral rights or attribution with respect to your User Content.

+

3.3        Acceptable Use Policy.   The following terms + constitute our “ Acceptable Use Policy ”:

+

(a)         You agree not to use the Site and Services to + collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party + right, + including any copyright, trademark, patent, trade secret, moral right, privacy right, right of + publicity, or + any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, + tortious, + threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally + misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, + or + physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is + harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or + restrictions imposed by any third party or governmental agency, including without limitation securities + laws, commodities laws, money transmission regulations, and anti-money laundering and anti-terrorism + laws.

+

(b)         In addition, you agree not to: (i) upload, + transmit, + or distribute to or through the Site or Services any computer viruses, worms, or any software intended + to + damage or alter a computer system or data; (ii) send through the Site or Services unsolicited or + unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any + other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the + Site + or Services to harvest, collect, gather or assemble information or data regarding other users, including + e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on + servers + or networks connected to the Site or Services, or violate the regulations, policies or procedures of + such + networks; (v) attempt to gain unauthorized access to the Site or Services (or to other computer systems + or + networks connected to or used together with the Site or Services), whether through password mining or + any + other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or + Services; + or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or + Services, or + to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the + Site or + Services (provided, however, that we conditionally grant to the operators of public search engines + revocable + permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely + to + the extent necessary for creating publicly available searchable indices of the materials, but not caches + or + archives of such materials, subject to the parameters set forth in our robots.txt file).

+

3.4        Enforcement.   We reserve the right (but have + no + obligation) to review any User Content, and to investigate and/or take appropriate action against you in + our + sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or + otherwise + create liability for us or any other person. Such action may include removing or modifying your User + Content, terminating your use, and/or reporting you to law enforcement authorities.

+

3.5        Feedback.   Should you encounter any bugs, + glitches, lack of functionality or other problems on the website, please let us know immediately so we + can + rectify these accordingly. We appreciate your feedback as it helps us develop the platform and offer the + best Service possible. If you provide Company with any feedback or suggestions regarding the Site or + Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree + that + Company shall have the right to use and fully exploit such Feedback and related information in any + manner it + deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and + non-proprietary. You agree that you will not submit to Company any information or ideas that you + consider to + be confidential or proprietary.

+

3.6        Rewards.   Company from time to time, in + its + sole discretion, may decide to offer prizes to incentivize user participation, however, any reward or + benefit offered by Company does not create, constitute, or give rise to any legal or contractual rights + in + users of the Site and Services. You acknowledge that Company has no legal obligation to provide rewards + to + any contributor.

+
    +
  1. INDEMNIFICATION
    2. +
+

You agree to indemnify and hold Company (and its directors, officers, employees, + contractors, affiliates, representatives and agents) harmless, including costs and attorneys’ + fees, + from any claim or demand made by any third party due to or arising out of (a) your use of the Site and + Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) + your User Content.  Company reserves the right, at your expense, to assume the exclusive defense + and + control of any matter for which you are required to indemnify us, and you agree to cooperate with our + defense of these claims.  You agree not to settle any matter without the prior written consent of + Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding + upon becoming aware of it.

+
    +
  1. THIRD PARTY LINKS &  ADS; OTHER USERS
    2. +
+

5.1        Third-Party Links & Ads.   The Site and + Services may contain links to third-party websites and services, including digital asset wallets, and/or + display advertisements for third parties (collectively, “ Third-Party Links & Ads ”). +  Such Third-Party Links & Ads are not under the control of Company, and Company is not + responsible + for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads + only + as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any + representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & + Ads + at your own risk, and should apply a suitable level of caution and discretion in doing so. When you + click on + any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, + including the third party’s privacy and data gathering practices.  You should make whatever + investigation you feel necessary or appropriate before proceeding with any transaction in connection + with + such Third-Party Links & Ads.

+

5.2        Other Users.   Each Site and Service user is + solely responsible for any and all of its own User Content.  Because we do not control User + Content, + you acknowledge and agree that we are not responsible for any User Content, whether provided by you or + by + others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any + User + Content.  Your interactions with other Site and Service users are solely between you and such + users. +  You agree that Company will not be responsible for any loss or damage incurred as the result of + any + such interactions.  If there is a dispute between you and any Site or Service user, we are under no + obligation to become involved.

+

5.3        Release.  You hereby release and forever + discharge the Company (and our directors, officers, employees, contractors, affiliates, representatives, + agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and + future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of + every kind and nature (including personal injuries, death, and property damage), that has arisen or + arises + directly or indirectly out of, or that relates directly or indirectly to, the Site or Services + (including + any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). +  IF + YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH + THE + FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT + KNOW + OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR + HER + MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

+

5.4        Third Party Beneficiaries.   You agree that, + except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to + the + Terms. The Terms of Use will not be construed as creating or implying any relationship of agency, + franchise, + partnership, or joint venture between you and Company, except and solely to the extent expressly stated + in + these Terms.

+
    +
  1. DISCLAIMERS
    2. +
+

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS + AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND + CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS + OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR + NON-INFRINGEMENT. +  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, + WILL + BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, + FREE + OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY + WARRANTIES + WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS + FROM + THE DATE OF FIRST USE.

+

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE + EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED + WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

+
    +
  1. FURTHER DISCLAIMERS
    2. +
+

Without limiting the generality of Section 6, neither Company nor its affiliates + or + licensors will have any responsibilities or liability with respect to the following: (a) the Services + could + be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of + Company to continue to develop or provide the Services, or for you and your users to use the Services, + (b) + Company has no obligation to update the Services or its underlying platforms and networks to address, + mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or + networks, + and (c) portions of the Services or any other underlying networks and platforms may rest on open-source + software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural + elements + of the Services or any other underlying networks and platforms, which may result in security + vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.

+
    +
  1. LIMITATION ON LIABILITY
    2. +
+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR + SUPPLIERS) + BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE + PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING + FROM OR + RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS + BEEN + ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR + OWN + DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER + SYSTEM, OR + LOSS OF DATA RESULTING THEREFROM.  

+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY + CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR + ANY + CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF + ONE + US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE + THAT + OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

+

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR + INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. +  

+
    +
  1. CRYPTOGRAPHIC SYSTEMS
    2. +
+

You acknowledge and understand that cryptography is a progressing field. Advances + in + code cracking or technical advances such as the development of quantum computers may present risks to + cryptographic systems and the Services, which could result in the theft or loss of your property. To the + extent possible, the Company intends to update the code underlying the Services to account for any + advances + in cryptography and to incorporate additional security measures, but does not guarantee or otherwise + represent full security of the system. By using the Services, you acknowledge these inherent + risks. +

+
    +
  1. PLATFORM SECURITY
    2. +
+

We are an early stage platform.  You acknowledge that applications are code + subject to flaws and acknowledge that you are solely responsible for evaluating any available code + provided + by the Services. You further expressly acknowledge and represent that applications can be written + maliciously or negligently, that we cannot be held liable for your interaction with such applications. + These + warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to + all + of the potential risks of utilizing the Site and Services.

+
    +
  1. COPYRIGHT INFRINGEMENT
    2. +
+

If you believe that your copyright or the copyright of a person on whose behalf + you + are authorized to act has been infringed, please provide Company a written notice containing the + following + information: (a) an electronic or physical signature of the person authorized to act on behalf of the + owner + of the copyright or other intellectual property interest, (b) a description of the copyrighted work or + other + intellectual property that you claim has been infringed, and (c) a description of where the material + that + you claim is infringing is located on the Site.

+

Company can be reached at:

+

Email: info@liquality.io

+

Subject Line: Copyright Notification: Liquality

+
    +
  1. TERM & TERMINATION
    2. +
+

Subject to this Section, these Terms will remain in full force and effect while + you + use the Site. We may suspend or terminate your rights to use the Site and Services at any time for any + reason at our sole discretion, including for any use of the Site or Services in violation of these + Terms. +  Upon termination of your rights under these Terms, your right to access and use the Site and + Services + will terminate immediately.  You understand that any such termination may involve deletion of your + User + Content.  Company will not have any liability whatsoever to you for any termination of your rights + under these Terms, including for deletion of your User Content.  Even after your rights under these + Terms are terminated, the following provisions of these Terms will remain in effect: Sections ‎2.2 + through ‎2.5, Sections ‎3 through 8, and Sections 11 through 14.       +   +

+
    +
  1. GENERAL
    2. +
+

13.1        Changes.   These Terms are subject to + occasional + revision, and if we make any changes, we will change the Last Updated date above.  Continued use of + our + Site and Services following such notice of such changes shall indicate your acknowledgement of such + changes + and agreement to be bound by the terms and conditions of such changes..

+

13.2        Dispute Resolution. Please read this Arbitration + Agreement (the “Arbitration Agreement”) carefully.  It is part of your contract with + Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A + CLASS + ACTION WAIVER.

+

(a)         Applicability of Arbitration Agreement.   + All + claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in + connection with the Terms or the use of any product or service provided by the Company that cannot be + resolved informally or in small claims court shall be resolved by binding arbitration on an individual + basis + under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration + proceedings + shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any + subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well + as + all authorized or unauthorized users or beneficiaries of services or goods provided under the + Terms. +

+

(b)         Notice Requirement and Informal Dispute + Resolution + .  Before either party may seek arbitration, the party must first send to the other party a written + Notice of Dispute ( “Notice” ) describing the nature and basis of + the + claim or dispute, and the requested relief.  A Notice to the Company should be sent to: +  220w 148th street, Apt. 5p, NY 10039 New York, US . +  After the Notice is received, you and the Company may attempt to resolve + the + claim or dispute informally.  If you and the Company do not resolve the claim or dispute within + thirty + (30) days after the Notice is received, either party may begin an arbitration proceeding.  The + amount + of any settlement offer made by any party may not be disclosed to the arbitrator until after the + arbitrator + has determined the amount of the award, if any, to which either party is entitled.

+

(c)         Arbitration Rules .   This Agreement shall + be + governed by the laws of the State of New York. Any claim, dispute, or controversy (“Claim”) + arising out of or relating to this Agreement or the relationships among the parties hereto shall be + resolved + by one arbitrator through binding arbitration conducted in accordance with the expedited procedures set + forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those + Rules + exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The + arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be + entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction + involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall + sue + the other party other than as provided herein or for enforcement of this clause or of the + arbitrator’s + award; any such suit may be brought only in a Federal District Court or a New York state court located + in + New York County, New York. The arbitrator, and not any federal, state, or local court, shall have + exclusive + authority to resolve any dispute relating to the interpretation, applicability, unconscionability, + arbitrability, enforceability, or formation of this Agreement including any claim that all or any part + of + the Agreement is void or voidable.

+

(d)         Additional Rules for Non-Appearance Based + Arbitration + .  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, + online and/or based solely on written submissions; the specific manner shall be chosen by the party + initiating the arbitration.  The arbitration shall not involve any personal appearance by the + parties + or witnesses unless otherwise agreed by the parties.

+

(e)         Time Limits.   If you or the Company pursue + arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations + (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Rules for the + pertinent claim.

+

(f)         Authority of Arbitrator .  If arbitration is + initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and + the + dispute will not be consolidated with any other matters or joined with any other cases or parties. +  The + arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The + arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or + relief available to an individual under applicable law, the Rules, and the Terms.  The arbitrator + shall + issue a written award and statement of decision describing the essential findings and conclusions on + which + the award is based, including the calculation of any damages awarded.  The arbitrator has the same + authority to award relief on an individual basis that a judge in a court of law would have.  The + award + of the arbitrator is final and binding upon you and the Company.

+

(g)         Waiver of Jury Trial.   THE PARTIES HEREBY + WAIVE + THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, + instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration + Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than + rules applicable in a court and are subject to very limited review by a court.  In the event any + litigation should arise between you and the Company in any state or federal court in a suit to vacate or + enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead + electing that the dispute be resolved by a judge.

+

(h)         Waiver of Class or Consolidated Actions . +  ALL + CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN + INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE + ARBITRATED + OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

+

(i)         Confidentiality .  All aspects of the + arbitration proceeding, including but not limited to the award of the arbitrator and compliance + therewith, + shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise + required by law.  This paragraph shall not prevent a party from submitting to a court of law any + information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive + or + equitable relief.

+

(j)         Severability .  If any part or parts of this + Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent + jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and + the + remainder of the Agreement shall continue in full force and effect.

+

(k)         Right to Waive.   Any or all of the rights + and + limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is + asserted.  Such waiver shall not waive or affect any other portion of this Arbitration + Agreement.

+

(l)         Survival of Agreement. This Arbitration Agreement + will survive the termination of your relationship with Company.  

+

(m)         Small Claims Court.   Notwithstanding the + foregoing, either you or the Company may bring an individual action in small claims court.

+

(n)         Emergency Equitable Relief . +  Notwithstanding + the foregoing, either party may seek emergency equitable relief before a state or federal court in order + to + maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a + waiver of any other rights or obligations under this Arbitration Agreement.

+

(o)         Claims Not Subject to Arbitration. +  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse + Act, + and infringement or misappropriation of the other party’s patent, copyright, trademark or trade + secrets shall not be subject to this Arbitration Agreement.

+

(p)         Courts.   In any circumstances where the + foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to + submit + to the personal jurisdiction of the courts located within Kings County, New York, for such + purpose +

+

13.3        Export. The Site may be subject to U.S. export + control laws and may be subject to export or import regulations in other countries. You agree not to + export, + re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any + products utilizing such data, in violation of the United States export laws or regulations.

+

13.4        Disclosures.  If you are a California + resident, + you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the + California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA + 95814, or by telephone at (800) 952-5210.

+

13.5        Electronic Communications.  The + communications + between you and Company use electronic means, whether you use the Site or send us emails, or whether + Company + posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent + to + receive communications from Company in an electronic form; and (b) agree that all terms and conditions, + agreements, notices, disclosures, and other communications that Company provides to you electronically + satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy + writing. + The foregoing does not affect your non-waivable rights.

+

13.6        Entire Terms.  These Terms constitute the + entire + agreement between you and us regarding the use of the Site and Services. Our failure to exercise or + enforce + any right or provision of these Terms shall not operate as a waiver of such right or provision. The + section + titles in these Terms are for convenience only and have no legal or contractual effect. The word + “including” means “including without limitation”.  If any provision of + these + Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will + be + unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and + enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an + independent contractor, and neither party is an agent or partner of the other.  These Terms, and + your + rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred + by + you without Company’s prior written consent, and any attempted assignment, subcontract, + delegation, or + transfer in violation of the foregoing will be null and void.  Company may freely assign these + Terms. +  The terms and conditions set forth in these Terms shall be binding upon assignees.

+

13.7        Contact. We welcome your comments or questions + about these Terms. Please contact us at:  info@liquality.io /span>.

+

+
\ No newline at end of file diff --git a/src/locales/pt/terms.html b/src/locales/pt/terms.html index 132d667d0..3fca9b695 100644 --- a/src/locales/pt/terms.html +++ b/src/locales/pt/terms.html @@ -1,905 +1,626 @@ +
-

- - THIS IS THE BETA VERSION OF THE LIQUALITY PLATFORM WHICH IS STILL BEING ACTIVELY - DEVELOPED. YOU ACKNOWLEDGE THE INFORMATION AVAILABLE IS NOT INTENDED TO BE RELIED ON OR - USED IN A PRODUCTION ENVIRONMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE SITE OR SERVICES - (A) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, (B) MAY FUNCTION IMPROPERLY OR BE SUBJECT TO - PERIODS OF DOWNTIME AN UNAVAILABILITY, (C) MAY RESULT IN TOTAL OR PARTIAL LOSS OR - CORRUPTION OF DATA USED IN THE SITE, AND (D) MAY BE MODIFIED AT ANY TIME, INCLUDING - THROUGH THE RELEASE OF SUBSEQUENT VERSIONS, ALL WITH OR WITHOUT NOTICE. THE ALPHA - PLATFORM IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF - COLLECTING FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND ANY DEFECTS. THANK YOU FOR - YOUR SUPPORT WHILE WE CONTINUE TO WORK ON DELIVERING A PERFECT PRODUCT. - -

-

- -

-

- -

-

- Terms of Use -

-

Version 1.0

-

Last revised on: December 6, 2018

-

- -

-

- Welcome to ConsenSys AG’s - Liquality - (“ - Liquality - ”, “ - Company - ”, “ - we - ”, “ - our - ”, or “ - us - - ”). Liquality is a client-based platform that would enable users to swap consumer tokens - on a peer-to-peer basis without an intermediary. These terms of use (“ - - Terms - ”, “ - Terms of Use - ” or the “ - Agreement - ”) govern your use of the website located at - - https://liquality.io/ - -  (the “ - Site - - ”), platform, and all related tools, applications, data, software, and other services - provided by us (the “ - - Service - - ”). Certain features of the Site and Services may be subject to additional guidelines, - terms, or rules, which will be posted on the Site in connection with such features. -  All such additional terms, guidelines, and rules are incorporated by reference - into these Terms and constitute a legally binding agreement between you and Company in - relation to your use of the Service. Any personal information submitted in connection - with your use of the Service is subject to our Privacy Policy, which is hereby - incorporated by reference into these Terms. - -

-

- -

-

- - THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF - THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE - ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU - REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO - THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER - REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN - YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH - APPLICABLE LAWS.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE - NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE - TERMS, DO NOT ACCESS AND/OR USE THE SITE AND SERVICES. - -

-

- - THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS TO - RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES - AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. - -

-
    -
  1. - TEST - SWAP TRANSACTIONS -   -
    2. -
-

- - 1.1        User Responsibilities.   - - - In order to use certain features of the Site and Services, you must connect to your - digital asset wallet.  You acknowledge that Company is not responsible for - transferring, safeguarding, or maintaining your private keys or any digital currency - associated therewith.  If you lose, mishandle, or have stolen associated digital - currency private keys, you acknowledge that you may not be able to recover associated - digital currency, and that Company is not responsible for such loss.   You agree to - only enter into a swap transaction using bitcoin (BTC) or ether (ETH) in your custody - that exists on a “testnet” blockchain.  You agree not to initiate or complete a - swap transaction using, or otherwise provide any digital currency that exists on, a - “mainnet” blockchain or any digital currency that may be considered a security under - applicable law. You acknowledge that Company is not responsible for any loss or damage - arising from your failure to comply with the requirements hereunder. - -

-

- 1.2         - Swap Amounts - . - -   You acknowledge that you may receive a lesser amount of BTC or ETH in your wallet - following the swap transaction than displayed on the swap page as a result of a portion - of such BTC or ETH being used to pay fees to miners. - -

-

- 1.3         - Company Discretion - . - -   Company has sole discretion as to whether or not to enter into a swap transaction - with you. - -

-
    -
  1. - ACCESS TO SITE AND SERVICES -
    2. -
-

- 2.1         - License - . - -  Subject to these Terms, Company grants you a non-transferable, non-exclusive, - revocable, limited license to use and access the Site and Services solely for your own - personal, noncommercial use. - -

-

- - 2.2        Certain Restrictions.   - - - The rights granted to you in these Terms are subject to the following restrictions: (a) - you shall not license, sell, rent, lease, transfer, assign, distribute, host, or - otherwise commercially exploit the Site or Services, whether in whole or in part, or any - content displayed on the Site or Services; (b) you shall not modify, make derivative - works of, disassemble, reverse compile or reverse engineer any part of the Site or - Services; (c) you shall not access the Site or Services in order to build a similar or - competitive website, product, or service; (d) except as expressly stated herein, no part - of the Site or Services may be copied, reproduced, distributed, republished, downloaded, - displayed, posted or transmitted in any form or by any means; and (e) you shall not use - the Site or Services or enter into a swap transaction other than as permitted hereunder. -  Unless otherwise indicated, any future release, update, or other addition to - functionality of the Site and Services shall be subject to these Terms.  All - copyright and other proprietary notices on the Site (or on any content displayed on the - Site) must be retained on all copies thereof. - -

-

- 2.3        Modification. - -   Company reserves the right, at any time, to modify, suspend, or discontinue the - Site or Services (in whole or in part) with or without notice to you.  You agree - that Company will not be liable to you or to any third party for any modification, - suspension, or discontinuation of the Site and Services or any part thereof. - -

-

- - 2.4        No Support or Maintenance. - - -   You acknowledge and agree that Company will have no obligation to provide you - with any support or maintenance in connection with the Site and Services. - -

-

- - 2.5        Ownership.   - - - Excluding any User Content that you may provide (defined below), you acknowledge that - all the intellectual property rights, including copyrights, patents, trademarks, and - trade secrets, in the Site and Services and its content are owned by Company or - Company’s suppliers.  Neither these Terms (nor your access to the Site and - Services) transfers to you or any third party any rights, title or interest in or to - such intellectual property rights, except for the limited access rights expressly set - forth in Section ‎2.1. Company and its suppliers reserve all rights not granted in these - Terms.  There are no implied licenses granted under these Terms. - -

-
    -
  1. - USER CONTENT -
    2. -
-

- 3.1        User Content. -   “ - User Content - - ” means any and all information and content that a user submits to, or uses with, the - Site and Services (e.g., content in the user’s profile or postings).  You are - solely responsible for your User Content.  You assume all risks associated with use - of your User Content, including any reliance on its accuracy, completeness or usefulness - by others, or any disclosure of your User Content that personally identifies you or any - third party.  You hereby represent and warrant that your User Content does not - violate our Acceptable Use Policy (defined in Section ‎3.3).  You may not represent - or imply to others that your User Content is in any way provided, sponsored or endorsed - by Company.  Because you alone are responsible for your User Content, you may - expose yourself to liability if, for example, your User Content violates the Acceptable - Use Policy.  Company is not obligated to backup any User Content, and your User - Content may be deleted at any time without prior notice.  You are solely - responsible for creating and maintaining your own backup copies of your User Content if - you desire. - -

-

- 3.2         - License. - -   You hereby grant (and you represent and warrant that you have the right to grant) - to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license - to reproduce, distribute, publicly display and perform, prepare derivative works of, - incorporate into other works, and otherwise use and exploit your User Content, and to - grant sublicenses of the foregoing rights, solely for the purposes of including your - User Content in the Site and Services.  You hereby irrevocably waive (and agree to - cause to be waived) any claims and assertions of moral rights or attribution with - respect to your User Content. - -

-

- - 3.3        Acceptable Use Policy.   - - The following terms constitute our “ - Acceptable Use Policy - ”: -

-

- (a)         - - You agree not to use the Site and Services to collect, upload, transmit, display, or - distribute any User Content (i) that violates any third-party right, including any - copyright, trademark, patent, trade secret, moral right, privacy right, right of - publicity, or any other intellectual property or proprietary right; (ii) that is - unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s - privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, - pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical - harm of any kind against any group or individual or is otherwise objectionable; (iii) - that is harmful to minors in any way; or (iv) that is in violation of any law, - regulation, or obligations or restrictions imposed by any third party or governmental - agency, including without limitation securities laws, commodities laws, money - transmission regulations, and anti-money laundering and anti-terrorism laws. - -

-

- (b)         - - In addition, you agree not to: (i) upload, transmit, or distribute to or through the - Site or Services any computer viruses, worms, or any software intended to damage or - alter a computer system or data; (ii) send through the Site or Services unsolicited or - unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid - schemes, or any other form of duplicative or unsolicited messages, whether commercial or - otherwise; (iii)  use the Site or Services to harvest, collect, gather or assemble - information or data regarding other users, including e-mail addresses, without their - consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks - connected to the Site or Services, or violate the regulations, policies or procedures of - such networks; (v) attempt to gain unauthorized access to the Site or Services (or to - other computer systems or networks connected to or used together with the Site or - Services), whether through password mining or any other means; (vi) harass or interfere - with any other user’s use and enjoyment of the Site or Services; or (vi) use software or - automated agents or scripts to produce multiple accounts on the Site or Services, or to - generate automated searches, requests, or queries to (or to strip, scrape, or mine data - from) the Site or Services (provided, however, that we conditionally grant to the - operators of public search engines revocable permission to use spiders to copy materials - from the Site or Services for the sole purpose of and solely to the extent necessary for - creating publicly available searchable indices of the materials, but not caches or - archives of such materials, subject to the parameters set forth in our robots.txt file). - -

-

- - 3.4        Enforcement.   - - - We reserve the right (but have no obligation) to review any User Content, and to - investigate and/or take appropriate action against you in our sole discretion if you - violate the Acceptable Use Policy or any other provision of these Terms or otherwise - create liability for us or any other person. Such action may include removing or - modifying your User Content, terminating your use, and/or reporting you to law - enforcement authorities. - -

-

- 3.5        Feedback. - -   Should you encounter any bugs, glitches, lack of functionality or other problems - on the website, please let us know immediately so we can rectify these accordingly. We - appreciate your feedback as it helps us develop the platform and offer the best Service - possible. If you provide Company with any feedback or suggestions regarding the Site or - Services (“ - - Feedback - - ”), you hereby assign to Company all rights in such Feedback and agree that Company - shall have the right to use and fully exploit such Feedback and related information in - any manner it deems appropriate.  Company will treat any Feedback you provide to - Company as non-confidential and non-proprietary.  You agree that you will not - submit to Company any information or ideas that you consider to be confidential or - proprietary. - -

-

- -

-

- - 3.6        Rewards.   - - - Company from time to time, in its sole discretion, may decide to offer prizes to - incentivize user participation, however, any reward or benefit offered by Company does - not create, constitute, or give rise to any legal or contractual rights in users of the - Site and Services. You acknowledge that Company has no legal obligation to provide - rewards to any contributor. - -

-
    -
  1. - INDEMNIFICATION -
    2. -
-

- - You agree to indemnify and hold Company (and its directors, officers, employees, - contractors, affiliates, representatives and agents) harmless, including costs and - attorneys’ fees, from any claim or demand made by any third party due to or arising out - of (a) your use of the Site and Services, (b) your violation of these Terms, (c) your - violation of applicable laws or regulations or (d) your User Content.  Company - reserves the right, at your expense, to assume the exclusive defense and control of any - matter for which you are required to indemnify us, and you agree to cooperate with our - defense of these claims.  You agree not to settle any matter without the prior - written consent of Company.  Company will use reasonable efforts to notify you of - any such claim, action or proceeding upon becoming aware of it. - -

-
    -
  1. - THIRD PARTY LINKS - & -  ADS; OTHER USERS -
    2. -
-

- - 5.1        Third-Party Links & Ads.   - - - The Site and Services may contain links to third-party websites and services, including - digital asset wallets, and/or display advertisements for third parties (collectively, “ - - Third-Party Links & Ads - - ”).  Such Third-Party Links & Ads are not under the control of Company, and - Company is not responsible for any Third-Party Links & Ads.  Company provides - access to these Third-Party Links & Ads only as a convenience to you, and does not - review, approve, monitor, endorse, warrant, or make any representations with respect to - Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own - risk, and should apply a suitable level of caution and discretion in doing so. When you - click on any of the Third-Party Links & Ads, the applicable third party’s terms and - policies apply, including the third party’s privacy and data gathering practices. -  You should make whatever investigation you feel necessary or appropriate before - proceeding with any transaction in connection with such Third-Party Links & Ads. - -

-

- - 5.2        Other Users.   - - - Each Site and Service user is solely responsible for any and all of its own User - Content.  Because we do not control User Content, you acknowledge and agree that we - are not responsible for any User Content, whether provided by you or by others.  We - make no guarantees regarding the accuracy, currency, suitability, or quality of any User - Content.  Your interactions with other Site and Service users are solely between - you and such users.  You agree that Company will not be responsible for any loss or - damage incurred as the result of any such interactions.  If there is a dispute - between you and any Site or Service user, we are under no obligation to become involved. - -

-

- 5.3        Release. - -  You hereby release and forever discharge the Company (and our directors, officers, - employees, contractors, affiliates, representatives, agents, successors, and assigns) - from, and hereby waive and relinquish, each and every past, present and future dispute, - claim, controversy, demand, right, obligation, liability, action and cause of action of - every kind and nature (including personal injuries, death, and property damage), that - has arisen or arises directly or indirectly out of, or that relates directly or - indirectly to, the Site or Services (including any interactions with, or act or omission - of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA - RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE - FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR - DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE - RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER - SETTLEMENT WITH THE DEBTOR.” - -

-

- - 5.4        Third Party Beneficiaries.   - - - You agree that, except as otherwise expressly provided in these Terms, there shall be no - third party beneficiaries to the Terms. The Terms of Use will not be construed as - creating or implying any relationship of agency, franchise, partnership, or joint - venture between you and Company, except and solely to the extent expressly stated in - these Terms. - -

-
    -
  1. - DISCLAIMERS -
    2. -
-

- - THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY - (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY - KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR - NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND - SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, - SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER - HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES - WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO - NINETY (90) DAYS FROM THE DATE OF FIRST USE. - -

-

- -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE - EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW - LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. - -

-

- -

-
    -
  1. - FURTHER DISCLAIMERS -
    2. -
-

- - Without limiting the generality of Section 6, neither Company nor its affiliates or - licensors will have any responsibilities or liability with respect to the following: (a) - the Services could be impacted by one or more regulatory inquiries or actions, which - could prevent or limit the ability of Company to continue to develop or provide the - Services, or for you and your users to use the Services, (b) Company has no obligation - to update the Services or its underlying platforms and networks to address, mitigate, or - remediate any security or other vulnerabilities in the Services, or such platforms or - networks, and (c) portions of the Services or any other underlying networks and - platforms may rest on open-source software, and there is a risk that weaknesses or bugs - that may be introduced in the infrastructural elements of the Services or any other - underlying networks and platforms, which may result in security vulnerabilities, data - loss, damage, destructions, disclosure, or other compromises. - -

-
    -
  1. - LIMITATION ON LIABILITY -
    2. -
-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE - LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT - OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL - OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY - TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF - SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR OWN - DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR - COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.   - -

-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY - CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS - AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT - ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN - ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO - LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. - -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL - OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. -   - -

-
    -
  1. - CRYPTOGRAPHIC SYSTEMS -
    2. -
-

- - You acknowledge and understand that cryptography is a progressing field. Advances in - code cracking or technical advances such as the development of quantum computers may - present risks to cryptographic systems and the Services, which could result in the theft - or loss of your property. To the extent possible, the Company intends to update the code - underlying the Services to account for any advances in cryptography and to incorporate - additional security measures, but does not guarantee or otherwise represent full - security of the system. By using the Services, you acknowledge these inherent risks. - -

-
    -
  1. - PLATFORM SECURITY -
    2. -
-

- - We are an early stage platform.  You acknowledge that applications are code subject - to flaws and acknowledge that you are solely responsible for evaluating any available - code provided by the Services. You further expressly acknowledge and represent that - applications can be written maliciously or negligently, that we cannot be held liable - for your interaction with such applications. These warnings and others later provided by - us in no way evidence or represent an ongoing duty to alert you to all of the potential - risks of utilizing the Site and Services. - -

-
    -
  1. - COPYRIGHT INFRINGEMENT -
    2. -
-

- - If you believe that your copyright or the copyright of a person on whose behalf you are - authorized to act has been infringed, please provide Company a written notice containing - the following information: (a) an electronic or physical signature of the person - authorized to act on behalf of the owner of the copyright or other intellectual property - interest, (b) a description of the copyrighted work or other intellectual property that - you claim has been infringed, and (c) a description of where the material that you claim - is infringing is located on the Site. - -

-

- Company can be reached at: -

-

- Email: - - - - [email protected] - - - - ; - - - - [email protected] - - - -   -

-

- Subject Line: Copyright Notification: - Liquality -

-
    -
  1. - TERM & TERMINATION -
    2. -
-

- - Subject to this Section, these Terms will remain in full force and effect while you use - the Site.  We may suspend or terminate your rights to use the Site and Services at - any time for any reason at our sole discretion, including for any use of the Site or - Services in violation of these Terms.  Upon termination of your rights under these - Terms, your right to access and use the Site and Services will terminate immediately. -  You understand that any such termination may involve deletion of your User - Content.  Company will not have any liability whatsoever to you for any termination - of your rights under these Terms, including for deletion of your User Content. -  Even after your rights under these Terms are terminated, the following provisions - of these Terms will remain in effect: Sections ‎2.2 through ‎2.5, Sections ‎3 through 8, - and Sections 11 through 14.         - -

-
    -
  1. - GENERAL -
    2. -
-

- 13.1        Changes. - -   These Terms are subject to occasional revision, and if we make any changes, we - will change the Last Updated date above.  Continued use of our Site and Services - following such notice of such changes shall indicate your acknowledgement of such - changes and agreement to be bound by the terms and conditions of such changes.. - -

-

- - 13.2        Dispute Resolution. - - - Please read this Arbitration Agreement (the “Arbitration Agreement”) carefully.  It - is part of your contract with Company and affects your rights.  It contains - procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. - -

-

- (a)         - Applicability of Arbitration Agreement. - -   All claims and disputes (excluding claims for injunctive or other equitable - relief as set forth below) in connection with the Terms or the use of any product or - service provided by the Company that cannot be resolved informally or in small claims - court shall be resolved by binding arbitration on an individual basis under the terms of - this Arbitration Agreement.  Unless otherwise agreed to, all arbitration - proceedings shall be held in English.  This Arbitration Agreement applies to you - and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in - interest, successors, and assigns, as well as all authorized or unauthorized users or - beneficiaries of services or goods provided under the Terms. - -

-

- (b)         - Notice Requirement and Informal Dispute Resolution - - .  Before either party may seek arbitration, the party must first send to the other - party a written Notice of Dispute ( - - “Notice” - - ) describing the nature and basis of the claim or dispute, and the requested relief. -  A Notice to the Company should be sent to: 49 Bogart St. #22, Brooklyn, New York - 11206.  After the Notice is received, you and the Company may attempt to resolve - the claim or dispute informally.  If you and the Company do not resolve the claim - or dispute within thirty (30) days after the Notice is received, either party may begin - an arbitration proceeding.  The amount of any settlement offer made by any party - may not be disclosed to the arbitrator until after the arbitrator has determined the - amount of the award, if any, to which either party is entitled. - -

-

- (c)         - Arbitration Rules - - .   This Agreement shall be governed by the laws of the State of New York. Any - claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or - the relationships among the parties hereto shall be resolved by one arbitrator through - binding arbitration conducted in accordance with the expedited procedures set forth in - the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules - exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those - Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment - upon the award may be entered and enforced in any court having jurisdiction. This clause - is made pursuant to a transaction involving interstate commerce and shall be governed by - the Federal Arbitration Act. Neither party shall sue the other party other than as - provided herein or for enforcement of this clause or of the arbitrator’s award; any such - suit may be brought only in a Federal District Court or a New York state court located - in New York County, New York. The arbitrator, and not any federal, state, or local - court, shall have exclusive authority to resolve any dispute relating to the - interpretation, applicability, unconscionability, arbitrability, enforceability, or - formation of this Agreement including any claim that all or any part of the Agreement is - void or voidable. - -

-

- (d)         - Additional Rules for Non-Appearance Based Arbitration - - .  If non-appearance based arbitration is elected, the arbitration shall be - conducted by telephone, online and/or based solely on written submissions; the specific - manner shall be chosen by the party initiating the arbitration.  The arbitration - shall not involve any personal appearance by the parties or witnesses unless otherwise - agreed by the parties. - -

-

- (e)         - Time Limits. - -   If you or the Company pursue arbitration, the arbitration action must be - initiated and/or demanded within the statute of limitations (i.e., the legal deadline - for filing a claim) and within any deadline imposed under the Rules for the pertinent - claim. - -

-

- (f)         - Authority of Arbitrator - - .  If arbitration is initiated, the arbitrator will decide the rights and - liabilities, if any, of you and the Company, and the dispute will not be consolidated - with any other matters or joined with any other cases or parties.  The arbitrator - shall have the authority to grant motions dispositive of all or part of any claim. -  The arbitrator shall have the authority to award monetary damages, and to grant - any non-monetary remedy or relief available to an individual under applicable law, the - Rules, and the Terms.  The arbitrator shall issue a written award and statement of - decision describing the essential findings and conclusions on which the award is based, - including the calculation of any damages awarded.  The arbitrator has the same - authority to award relief on an individual basis that a judge in a court of law would - have.  The award of the arbitrator is final and binding upon you and the Company. - -

-

- (g)         - Waiver of Jury Trial. - -   THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT - AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and - disputes shall be resolved by arbitration under this Arbitration Agreement. -  Arbitration procedures are typically more limited, more efficient and less costly - than rules applicable in a court and are subject to very limited review by a court. -  In the event any litigation should arise between you and the Company in any state - or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU - AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be - resolved by a judge. - -

-

- (h)         - Waiver of Class or Consolidated Actions - - .  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE - ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF - MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED - WITH THOSE OF ANY OTHER CUSTOMER OR USER.   - -

-

- (i)         - Confidentiality - - .  All aspects of the arbitration proceeding, including but not limited to the - award of the arbitrator and compliance therewith, shall be strictly confidential. -  The parties agree to maintain confidentiality unless otherwise required by law. -  This paragraph shall not prevent a party from submitting to a court of law any - information necessary to enforce this Agreement, to enforce an arbitration award, or to - seek injunctive or equitable relief. - -

-

- (j)         - Severability - - .  If any part or parts of this Arbitration Agreement are found under the law to be - invalid or unenforceable by a court of competent jurisdiction, then such specific part - or parts shall be of no force and effect and shall be severed and the remainder of the - Agreement shall continue in full force and effect. - -

-

- (k)         - Right to Waive. - -   Any or all of the rights and limitations set forth in this Arbitration Agreement - may be waived by the party against whom the claim is asserted.  Such waiver shall - not waive or affect any other portion of this Arbitration Agreement. - -

-

- (l)         - Survival of Agreement - - .  This Arbitration Agreement will survive the termination of your relationship - with Company.   - -

-

- (m)         - Small Claims Court. - -   Notwithstanding the foregoing, either you or the Company may bring an individual - action in small claims court. - -

-

- (n)         - Emergency Equitable Relief - - .  Notwithstanding the foregoing, either party may seek emergency equitable relief - before a state or federal court in order to maintain the status quo pending arbitration. -  A request for interim measures shall not be deemed a waiver of any other rights or - obligations under this Arbitration Agreement. - -

-

- (o)         - Claims Not Subject to Arbitration. - -  Notwithstanding the foregoing, claims of defamation, violation of the Computer - Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, - copyright, trademark or trade secrets shall not be subject to this Arbitration - Agreement. - -

-

- (p)         - Courts. - -   In any circumstances where the foregoing Arbitration Agreement permits the - parties to litigate in court, the parties hereby agree to submit to the personal - jurisdiction of the courts located within Kings  County, New York, for such purpose - -

-

- 13.3        Export. - - The Site may be subject to U.S. export control laws and may be subject to export or - import regulations in other countries. You agree not to export, re-export, or transfer, - directly or indirectly, any U.S. technical data acquired from Company, or any products - utilizing such data, in violation of the United States export laws or regulations. - -

-

- 13.4        Disclosures. - -   If you are a California resident, you may report complaints to the Complaint - Assistance Unit of the Division of Consumer Product of the California Department of - Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or - by telephone at (800) 952-5210. - -

-

- - 13.5        Electronic Communications. - - -   The communications between you and Company use electronic means, whether you use - the Site or send us emails, or whether Company posts notices on the Site or communicates - with you via email. For contractual purposes, you (a) consent to receive communications - from Company in an electronic form; and (b) agree that all terms and conditions, - agreements, notices, disclosures, and other communications that Company provides to you - electronically satisfy any legal requirement that such communications would satisfy if - it were be in a hard-copy writing. The foregoing does not affect your non-waivable - rights. - -

-

- - 13.6        Entire Terms. - - -  These Terms constitute the entire agreement between you and us regarding the use - of the Site and Services. Our failure to exercise or enforce any right or provision of - these Terms shall not operate as a waiver of such right or provision. The section titles - in these Terms are for convenience only and have no legal or contractual effect. The - word “including” means “including without limitation”.  If any provision of these - Terms is, for any reason, held to be invalid or unenforceable, the other provisions of - these Terms will be unimpaired and the invalid or unenforceable provision will be deemed - modified so that it is valid and enforceable to the maximum extent permitted by law. -  Your relationship to Company is that of an independent contractor, and neither - party is an agent or partner of the other.  These Terms, and your rights and - obligations herein, may not be assigned, subcontracted, delegated, or otherwise - transferred by you without Company’s prior written consent, and any attempted - assignment, subcontract, delegation, or transfer in violation of the foregoing will be - null and void.  Company may freely assign these Terms.  The terms and - conditions set forth in these Terms shall be binding upon assignees. - -

-

- 13.7        Contact. - - We welcome your comments or questions about these Terms. Please contact us at: - - info@liquality.io - . -

+
+

Terms of Use

+

Version 1.1

+

Last revised on: May 24, 2023

+

Welcome to Liquality (“ Liquality ”, “ Company ”, + “ + we ”, “ our ”, or “ us ”). Liquality is a + wallet + service that would enable users to hold, send, receive and swap tokens. These + terms of use (“ Terms ”, “ Terms of Use ” or the “ Agreement ”) + govern + your use of the wallet services on the website located at www.liquality.io  (the “ + Site + ”), the Chrome extension, platform, and all related tools, applications, data, software, and other + services provided by us (the “ Service ”). Certain features of the Site and Services may be + subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with + such + features.  All such additional terms, guidelines, and rules are incorporated by reference into + these + Terms and constitute a legally binding agreement between you and Company in relation to your use of the + Service. Any personal information submitted in connection with your use of the Service is subject to our + Privacy Policy, which is hereby incorporated by reference into these Terms.

+

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR + USE + OF THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE + TERMS + (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE + THE + RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU + REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE + SERVICES + IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. +  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. +  IF + YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND + SERVICES.

+

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS + TO + RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU + IN + THE EVENT OF A DISPUTE.

+
    +
  1. Use of the Liquality wallet service  +
    2. +
+

1.1        User Responsibilities.   In order to use + certain + features of the Site and Services, you must connect to your digital asset walle or create a digital + asset + wallet using our Servicet. You acknowledge that Company is not responsible for transferring, + safeguarding, + or maintaining your private keys or any digital currency associated therewith.  If you lose, + mishandle, + or have stolen associated digital currency private keys, you acknowledge that you may not be able to + recover + associated digital currency, and that Company is not responsible for such loss.  You agree not to + initiate or complete a swap transaction using any digital currency that may be considered a security + under + applicable law. You acknowledge that Company is not responsible for any loss or damage arising from your + failure to comply with the requirements hereunder.

+

1.2         Swap Provider Fee .   You acknowledge that + you + may receive a lesser amount of the receiving token in your wallet following the swap transaction than + displayed on the swap page as a result to pay for the swap provider fee and/or higher network + fees. +

+
    +
  1. ACCESS TO SITE AND SERVICES
    2. +
+

2.1         License .  Subject to these Terms, Company + grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and + Services solely for your own personal, noncommercial use.

+

2.2        Certain Restrictions.   The rights granted to + you + in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, + transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in + whole + or in part, or any content displayed on the Site or Services; (b) you shall not modify, make derivative + works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you + shall + not access the Site or Services in order to build a similar or competitive website, product, or service; + (d) + except as expressly stated herein, no part of the Site or Services may be copied, reproduced, + distributed, + republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall + not + use the Site or Services or enter into a swap transaction other than as permitted hereunder. +  Unless + otherwise indicated, any future release, update, or other addition to functionality of the Site and + Services + shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on + any + content displayed on the Site) must be retained on all copies thereof.

+

2.3        Modification.   Company reserves the right, + at + any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without + notice to you.  You agree that Company will not be liable to you or to any third party for any + modification, suspension, or discontinuation of the Site and Services or any part thereof.

+

2.4        No Support or Maintenance.   You acknowledge + and + agree that Company will have no obligation to provide you with any support or maintenance in connection + with + the Site and Services.

+

2.5        Ownership.   Excluding any User Content that + you + may provide (defined below), you acknowledge that all the intellectual property rights, including + copyrights, patents, trademarks, and trade secrets, in the Site and Services and its content are owned + by + Company or Company’s suppliers.  Neither these Terms (nor your access to the Site and + Services) + transfers to you or any third party any rights, title or interest in or to such intellectual property + rights, except for the limited access rights expressly set forth in Section ‎2.1. Company and its + suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted + under + these Terms.

+
    +
  1. USER CONTENT
    2. +
+

3.1        User Content.   “User Content” + means + any and all information and content that a user submits to, or uses with, the Site and Services (e.g., + content in the user’s profile or postings).  You are solely responsible for your User + Content. +  You assume all risks associated with use of your User Content, including any reliance on its + accuracy, + completeness or usefulness by others, or any disclosure of your User Content that personally identifies + you + or any third party.  You hereby represent and warrant that your User Content does not violate our + Acceptable Use Policy (defined in Section ‎3.3).  You may not represent or imply to others that + your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are + responsible for your User Content, you may expose yourself to liability if, for example, your User + Content + violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your + User + Content may be deleted at any time without prior notice.  You are solely responsible for creating + and + maintaining your own backup copies of your User Content if you desire.

+

3.2         License.   You hereby grant (and you + represent + and warrant that you have the right to grant) to Company an irrevocable, non-exclusive, royalty-free and + fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative + works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant + sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site + and + Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions + of + moral rights or attribution with respect to your User Content.

+

3.3        Acceptable Use Policy.   The following terms + constitute our “ Acceptable Use Policy ”:

+

(a)         You agree not to use the Site and Services to + collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party + right, + including any copyright, trademark, patent, trade secret, moral right, privacy right, right of + publicity, or + any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, + tortious, + threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally + misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, + or + physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is + harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or + restrictions imposed by any third party or governmental agency, including without limitation securities + laws, commodities laws, money transmission regulations, and anti-money laundering and anti-terrorism + laws.

+

(b)         In addition, you agree not to: (i) upload, + transmit, + or distribute to or through the Site or Services any computer viruses, worms, or any software intended + to + damage or alter a computer system or data; (ii) send through the Site or Services unsolicited or + unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any + other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the + Site + or Services to harvest, collect, gather or assemble information or data regarding other users, including + e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on + servers + or networks connected to the Site or Services, or violate the regulations, policies or procedures of + such + networks; (v) attempt to gain unauthorized access to the Site or Services (or to other computer systems + or + networks connected to or used together with the Site or Services), whether through password mining or + any + other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or + Services; + or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or + Services, or + to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the + Site or + Services (provided, however, that we conditionally grant to the operators of public search engines + revocable + permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely + to + the extent necessary for creating publicly available searchable indices of the materials, but not caches + or + archives of such materials, subject to the parameters set forth in our robots.txt file).

+

3.4        Enforcement.   We reserve the right (but have + no + obligation) to review any User Content, and to investigate and/or take appropriate action against you in + our + sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or + otherwise + create liability for us or any other person. Such action may include removing or modifying your User + Content, terminating your use, and/or reporting you to law enforcement authorities.

+

3.5        Feedback.   Should you encounter any bugs, + glitches, lack of functionality or other problems on the website, please let us know immediately so we + can + rectify these accordingly. We appreciate your feedback as it helps us develop the platform and offer the + best Service possible. If you provide Company with any feedback or suggestions regarding the Site or + Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree + that + Company shall have the right to use and fully exploit such Feedback and related information in any + manner it + deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and + non-proprietary. You agree that you will not submit to Company any information or ideas that you + consider to + be confidential or proprietary.

+

3.6        Rewards.   Company from time to time, in + its + sole discretion, may decide to offer prizes to incentivize user participation, however, any reward or + benefit offered by Company does not create, constitute, or give rise to any legal or contractual rights + in + users of the Site and Services. You acknowledge that Company has no legal obligation to provide rewards + to + any contributor.

+
    +
  1. INDEMNIFICATION
    2. +
+

You agree to indemnify and hold Company (and its directors, officers, employees, + contractors, affiliates, representatives and agents) harmless, including costs and attorneys’ + fees, + from any claim or demand made by any third party due to or arising out of (a) your use of the Site and + Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) + your User Content.  Company reserves the right, at your expense, to assume the exclusive defense + and + control of any matter for which you are required to indemnify us, and you agree to cooperate with our + defense of these claims.  You agree not to settle any matter without the prior written consent of + Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding + upon becoming aware of it.

+
    +
  1. THIRD PARTY LINKS &  ADS; OTHER USERS
    2. +
+

5.1        Third-Party Links & Ads.   The Site and + Services may contain links to third-party websites and services, including digital asset wallets, and/or + display advertisements for third parties (collectively, “ Third-Party Links & Ads ”). +  Such Third-Party Links & Ads are not under the control of Company, and Company is not + responsible + for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads + only + as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any + representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & + Ads + at your own risk, and should apply a suitable level of caution and discretion in doing so. When you + click on + any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, + including the third party’s privacy and data gathering practices.  You should make whatever + investigation you feel necessary or appropriate before proceeding with any transaction in connection + with + such Third-Party Links & Ads.

+

5.2        Other Users.   Each Site and Service user is + solely responsible for any and all of its own User Content.  Because we do not control User + Content, + you acknowledge and agree that we are not responsible for any User Content, whether provided by you or + by + others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any + User + Content.  Your interactions with other Site and Service users are solely between you and such + users. +  You agree that Company will not be responsible for any loss or damage incurred as the result of + any + such interactions.  If there is a dispute between you and any Site or Service user, we are under no + obligation to become involved.

+

5.3        Release.  You hereby release and forever + discharge the Company (and our directors, officers, employees, contractors, affiliates, representatives, + agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and + future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of + every kind and nature (including personal injuries, death, and property damage), that has arisen or + arises + directly or indirectly out of, or that relates directly or indirectly to, the Site or Services + (including + any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). +  IF + YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH + THE + FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT + KNOW + OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR + HER + MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

+

5.4        Third Party Beneficiaries.   You agree that, + except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to + the + Terms. The Terms of Use will not be construed as creating or implying any relationship of agency, + franchise, + partnership, or joint venture between you and Company, except and solely to the extent expressly stated + in + these Terms.

+
    +
  1. DISCLAIMERS
    2. +
+

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS + AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND + CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS + OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR + NON-INFRINGEMENT. +  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, + WILL + BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, + FREE + OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY + WARRANTIES + WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS + FROM + THE DATE OF FIRST USE.

+

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE + EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED + WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

+
    +
  1. FURTHER DISCLAIMERS
    2. +
+

Without limiting the generality of Section 6, neither Company nor its affiliates + or + licensors will have any responsibilities or liability with respect to the following: (a) the Services + could + be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of + Company to continue to develop or provide the Services, or for you and your users to use the Services, + (b) + Company has no obligation to update the Services or its underlying platforms and networks to address, + mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or + networks, + and (c) portions of the Services or any other underlying networks and platforms may rest on open-source + software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural + elements + of the Services or any other underlying networks and platforms, which may result in security + vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.

+
    +
  1. LIMITATION ON LIABILITY
    2. +
+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR + SUPPLIERS) + BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE + PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING + FROM OR + RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS + BEEN + ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR + OWN + DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER + SYSTEM, OR + LOSS OF DATA RESULTING THEREFROM.  

+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY + CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR + ANY + CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF + ONE + US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE + THAT + OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

+

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR + INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. +  

+
    +
  1. CRYPTOGRAPHIC SYSTEMS
    2. +
+

You acknowledge and understand that cryptography is a progressing field. Advances + in + code cracking or technical advances such as the development of quantum computers may present risks to + cryptographic systems and the Services, which could result in the theft or loss of your property. To the + extent possible, the Company intends to update the code underlying the Services to account for any + advances + in cryptography and to incorporate additional security measures, but does not guarantee or otherwise + represent full security of the system. By using the Services, you acknowledge these inherent + risks. +

+
    +
  1. PLATFORM SECURITY
    2. +
+

We are an early stage platform.  You acknowledge that applications are code + subject to flaws and acknowledge that you are solely responsible for evaluating any available code + provided + by the Services. You further expressly acknowledge and represent that applications can be written + maliciously or negligently, that we cannot be held liable for your interaction with such applications. + These + warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to + all + of the potential risks of utilizing the Site and Services.

+
    +
  1. COPYRIGHT INFRINGEMENT
    2. +
+

If you believe that your copyright or the copyright of a person on whose behalf + you + are authorized to act has been infringed, please provide Company a written notice containing the + following + information: (a) an electronic or physical signature of the person authorized to act on behalf of the + owner + of the copyright or other intellectual property interest, (b) a description of the copyrighted work or + other + intellectual property that you claim has been infringed, and (c) a description of where the material + that + you claim is infringing is located on the Site.

+

Company can be reached at:

+

Email: info@liquality.io

+

Subject Line: Copyright Notification: Liquality

+
    +
  1. TERM & TERMINATION
    2. +
+

Subject to this Section, these Terms will remain in full force and effect while + you + use the Site. We may suspend or terminate your rights to use the Site and Services at any time for any + reason at our sole discretion, including for any use of the Site or Services in violation of these + Terms. +  Upon termination of your rights under these Terms, your right to access and use the Site and + Services + will terminate immediately.  You understand that any such termination may involve deletion of your + User + Content.  Company will not have any liability whatsoever to you for any termination of your rights + under these Terms, including for deletion of your User Content.  Even after your rights under these + Terms are terminated, the following provisions of these Terms will remain in effect: Sections ‎2.2 + through ‎2.5, Sections ‎3 through 8, and Sections 11 through 14.       +   +

+
    +
  1. GENERAL
    2. +
+

13.1        Changes.   These Terms are subject to + occasional + revision, and if we make any changes, we will change the Last Updated date above.  Continued use of + our + Site and Services following such notice of such changes shall indicate your acknowledgement of such + changes + and agreement to be bound by the terms and conditions of such changes..

+

13.2        Dispute Resolution. Please read this Arbitration + Agreement (the “Arbitration Agreement”) carefully.  It is part of your contract with + Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A + CLASS + ACTION WAIVER.

+

(a)         Applicability of Arbitration Agreement.   + All + claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in + connection with the Terms or the use of any product or service provided by the Company that cannot be + resolved informally or in small claims court shall be resolved by binding arbitration on an individual + basis + under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration + proceedings + shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any + subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well + as + all authorized or unauthorized users or beneficiaries of services or goods provided under the + Terms. +

+

(b)         Notice Requirement and Informal Dispute + Resolution + .  Before either party may seek arbitration, the party must first send to the other party a written + Notice of Dispute ( “Notice” ) describing the nature and basis of + the + claim or dispute, and the requested relief.  A Notice to the Company should be sent to: +  220w 148th street, Apt. 5p, NY 10039 New York, US . +  After the Notice is received, you and the Company may attempt to resolve + the + claim or dispute informally.  If you and the Company do not resolve the claim or dispute within + thirty + (30) days after the Notice is received, either party may begin an arbitration proceeding.  The + amount + of any settlement offer made by any party may not be disclosed to the arbitrator until after the + arbitrator + has determined the amount of the award, if any, to which either party is entitled.

+

(c)         Arbitration Rules .   This Agreement shall + be + governed by the laws of the State of New York. Any claim, dispute, or controversy (“Claim”) + arising out of or relating to this Agreement or the relationships among the parties hereto shall be + resolved + by one arbitrator through binding arbitration conducted in accordance with the expedited procedures set + forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those + Rules + exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The + arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be + entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction + involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall + sue + the other party other than as provided herein or for enforcement of this clause or of the + arbitrator’s + award; any such suit may be brought only in a Federal District Court or a New York state court located + in + New York County, New York. The arbitrator, and not any federal, state, or local court, shall have + exclusive + authority to resolve any dispute relating to the interpretation, applicability, unconscionability, + arbitrability, enforceability, or formation of this Agreement including any claim that all or any part + of + the Agreement is void or voidable.

+

(d)         Additional Rules for Non-Appearance Based + Arbitration + .  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, + online and/or based solely on written submissions; the specific manner shall be chosen by the party + initiating the arbitration.  The arbitration shall not involve any personal appearance by the + parties + or witnesses unless otherwise agreed by the parties.

+

(e)         Time Limits.   If you or the Company pursue + arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations + (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Rules for the + pertinent claim.

+

(f)         Authority of Arbitrator .  If arbitration is + initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and + the + dispute will not be consolidated with any other matters or joined with any other cases or parties. +  The + arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The + arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or + relief available to an individual under applicable law, the Rules, and the Terms.  The arbitrator + shall + issue a written award and statement of decision describing the essential findings and conclusions on + which + the award is based, including the calculation of any damages awarded.  The arbitrator has the same + authority to award relief on an individual basis that a judge in a court of law would have.  The + award + of the arbitrator is final and binding upon you and the Company.

+

(g)         Waiver of Jury Trial.   THE PARTIES HEREBY + WAIVE + THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, + instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration + Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than + rules applicable in a court and are subject to very limited review by a court.  In the event any + litigation should arise between you and the Company in any state or federal court in a suit to vacate or + enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead + electing that the dispute be resolved by a judge.

+

(h)         Waiver of Class or Consolidated Actions . +  ALL + CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN + INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE + ARBITRATED + OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

+

(i)         Confidentiality .  All aspects of the + arbitration proceeding, including but not limited to the award of the arbitrator and compliance + therewith, + shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise + required by law.  This paragraph shall not prevent a party from submitting to a court of law any + information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive + or + equitable relief.

+

(j)         Severability .  If any part or parts of this + Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent + jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and + the + remainder of the Agreement shall continue in full force and effect.

+

(k)         Right to Waive.   Any or all of the rights + and + limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is + asserted.  Such waiver shall not waive or affect any other portion of this Arbitration + Agreement.

+

(l)         Survival of Agreement. This Arbitration Agreement + will survive the termination of your relationship with Company.  

+

(m)         Small Claims Court.   Notwithstanding the + foregoing, either you or the Company may bring an individual action in small claims court.

+

(n)         Emergency Equitable Relief . +  Notwithstanding + the foregoing, either party may seek emergency equitable relief before a state or federal court in order + to + maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a + waiver of any other rights or obligations under this Arbitration Agreement.

+

(o)         Claims Not Subject to Arbitration. +  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse + Act, + and infringement or misappropriation of the other party’s patent, copyright, trademark or trade + secrets shall not be subject to this Arbitration Agreement.

+

(p)         Courts.   In any circumstances where the + foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to + submit + to the personal jurisdiction of the courts located within Kings County, New York, for such + purpose +

+

13.3        Export. The Site may be subject to U.S. export + control laws and may be subject to export or import regulations in other countries. You agree not to + export, + re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any + products utilizing such data, in violation of the United States export laws or regulations.

+

13.4        Disclosures.  If you are a California + resident, + you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the + California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA + 95814, or by telephone at (800) 952-5210.

+

13.5        Electronic Communications.  The + communications + between you and Company use electronic means, whether you use the Site or send us emails, or whether + Company + posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent + to + receive communications from Company in an electronic form; and (b) agree that all terms and conditions, + agreements, notices, disclosures, and other communications that Company provides to you electronically + satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy + writing. + The foregoing does not affect your non-waivable rights.

+

13.6        Entire Terms.  These Terms constitute the + entire + agreement between you and us regarding the use of the Site and Services. Our failure to exercise or + enforce + any right or provision of these Terms shall not operate as a waiver of such right or provision. The + section + titles in these Terms are for convenience only and have no legal or contractual effect. The word + “including” means “including without limitation”.  If any provision of + these + Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will + be + unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and + enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an + independent contractor, and neither party is an agent or partner of the other.  These Terms, and + your + rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred + by + you without Company’s prior written consent, and any attempted assignment, subcontract, + delegation, or + transfer in violation of the foregoing will be null and void.  Company may freely assign these + Terms. +  The terms and conditions set forth in these Terms shall be binding upon assignees.

+

13.7        Contact. We welcome your comments or questions + about these Terms. Please contact us at:  info@liquality.io /span>.

+

+
\ No newline at end of file diff --git a/src/locales/zh/terms.html b/src/locales/zh/terms.html index 132d667d0..3fca9b695 100644 --- a/src/locales/zh/terms.html +++ b/src/locales/zh/terms.html @@ -1,905 +1,626 @@ +
-

- - THIS IS THE BETA VERSION OF THE LIQUALITY PLATFORM WHICH IS STILL BEING ACTIVELY - DEVELOPED. YOU ACKNOWLEDGE THE INFORMATION AVAILABLE IS NOT INTENDED TO BE RELIED ON OR - USED IN A PRODUCTION ENVIRONMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THE SITE OR SERVICES - (A) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, (B) MAY FUNCTION IMPROPERLY OR BE SUBJECT TO - PERIODS OF DOWNTIME AN UNAVAILABILITY, (C) MAY RESULT IN TOTAL OR PARTIAL LOSS OR - CORRUPTION OF DATA USED IN THE SITE, AND (D) MAY BE MODIFIED AT ANY TIME, INCLUDING - THROUGH THE RELEASE OF SUBSEQUENT VERSIONS, ALL WITH OR WITHOUT NOTICE. THE ALPHA - PLATFORM IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE SOLE PURPOSE OF - COLLECTING FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND ANY DEFECTS. THANK YOU FOR - YOUR SUPPORT WHILE WE CONTINUE TO WORK ON DELIVERING A PERFECT PRODUCT. - -

-

- -

-

- -

-

- Terms of Use -

-

Version 1.0

-

Last revised on: December 6, 2018

-

- -

-

- Welcome to ConsenSys AG’s - Liquality - (“ - Liquality - ”, “ - Company - ”, “ - we - ”, “ - our - ”, or “ - us - - ”). Liquality is a client-based platform that would enable users to swap consumer tokens - on a peer-to-peer basis without an intermediary. These terms of use (“ - - Terms - ”, “ - Terms of Use - ” or the “ - Agreement - ”) govern your use of the website located at - - https://liquality.io/ - -  (the “ - Site - - ”), platform, and all related tools, applications, data, software, and other services - provided by us (the “ - - Service - - ”). Certain features of the Site and Services may be subject to additional guidelines, - terms, or rules, which will be posted on the Site in connection with such features. -  All such additional terms, guidelines, and rules are incorporated by reference - into these Terms and constitute a legally binding agreement between you and Company in - relation to your use of the Service. Any personal information submitted in connection - with your use of the Service is subject to our Privacy Policy, which is hereby - incorporated by reference into these Terms. - -

-

- -

-

- - THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF - THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE - ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU - REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO - THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER - REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN - YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH - APPLICABLE LAWS.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE - NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE - TERMS, DO NOT ACCESS AND/OR USE THE SITE AND SERVICES. - -

-

- - THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS TO - RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES - AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. - -

-
    -
  1. - TEST - SWAP TRANSACTIONS -   -
    2. -
-

- - 1.1        User Responsibilities.   - - - In order to use certain features of the Site and Services, you must connect to your - digital asset wallet.  You acknowledge that Company is not responsible for - transferring, safeguarding, or maintaining your private keys or any digital currency - associated therewith.  If you lose, mishandle, or have stolen associated digital - currency private keys, you acknowledge that you may not be able to recover associated - digital currency, and that Company is not responsible for such loss.   You agree to - only enter into a swap transaction using bitcoin (BTC) or ether (ETH) in your custody - that exists on a “testnet” blockchain.  You agree not to initiate or complete a - swap transaction using, or otherwise provide any digital currency that exists on, a - “mainnet” blockchain or any digital currency that may be considered a security under - applicable law. You acknowledge that Company is not responsible for any loss or damage - arising from your failure to comply with the requirements hereunder. - -

-

- 1.2         - Swap Amounts - . - -   You acknowledge that you may receive a lesser amount of BTC or ETH in your wallet - following the swap transaction than displayed on the swap page as a result of a portion - of such BTC or ETH being used to pay fees to miners. - -

-

- 1.3         - Company Discretion - . - -   Company has sole discretion as to whether or not to enter into a swap transaction - with you. - -

-
    -
  1. - ACCESS TO SITE AND SERVICES -
    2. -
-

- 2.1         - License - . - -  Subject to these Terms, Company grants you a non-transferable, non-exclusive, - revocable, limited license to use and access the Site and Services solely for your own - personal, noncommercial use. - -

-

- - 2.2        Certain Restrictions.   - - - The rights granted to you in these Terms are subject to the following restrictions: (a) - you shall not license, sell, rent, lease, transfer, assign, distribute, host, or - otherwise commercially exploit the Site or Services, whether in whole or in part, or any - content displayed on the Site or Services; (b) you shall not modify, make derivative - works of, disassemble, reverse compile or reverse engineer any part of the Site or - Services; (c) you shall not access the Site or Services in order to build a similar or - competitive website, product, or service; (d) except as expressly stated herein, no part - of the Site or Services may be copied, reproduced, distributed, republished, downloaded, - displayed, posted or transmitted in any form or by any means; and (e) you shall not use - the Site or Services or enter into a swap transaction other than as permitted hereunder. -  Unless otherwise indicated, any future release, update, or other addition to - functionality of the Site and Services shall be subject to these Terms.  All - copyright and other proprietary notices on the Site (or on any content displayed on the - Site) must be retained on all copies thereof. - -

-

- 2.3        Modification. - -   Company reserves the right, at any time, to modify, suspend, or discontinue the - Site or Services (in whole or in part) with or without notice to you.  You agree - that Company will not be liable to you or to any third party for any modification, - suspension, or discontinuation of the Site and Services or any part thereof. - -

-

- - 2.4        No Support or Maintenance. - - -   You acknowledge and agree that Company will have no obligation to provide you - with any support or maintenance in connection with the Site and Services. - -

-

- - 2.5        Ownership.   - - - Excluding any User Content that you may provide (defined below), you acknowledge that - all the intellectual property rights, including copyrights, patents, trademarks, and - trade secrets, in the Site and Services and its content are owned by Company or - Company’s suppliers.  Neither these Terms (nor your access to the Site and - Services) transfers to you or any third party any rights, title or interest in or to - such intellectual property rights, except for the limited access rights expressly set - forth in Section ‎2.1. Company and its suppliers reserve all rights not granted in these - Terms.  There are no implied licenses granted under these Terms. - -

-
    -
  1. - USER CONTENT -
    2. -
-

- 3.1        User Content. -   “ - User Content - - ” means any and all information and content that a user submits to, or uses with, the - Site and Services (e.g., content in the user’s profile or postings).  You are - solely responsible for your User Content.  You assume all risks associated with use - of your User Content, including any reliance on its accuracy, completeness or usefulness - by others, or any disclosure of your User Content that personally identifies you or any - third party.  You hereby represent and warrant that your User Content does not - violate our Acceptable Use Policy (defined in Section ‎3.3).  You may not represent - or imply to others that your User Content is in any way provided, sponsored or endorsed - by Company.  Because you alone are responsible for your User Content, you may - expose yourself to liability if, for example, your User Content violates the Acceptable - Use Policy.  Company is not obligated to backup any User Content, and your User - Content may be deleted at any time without prior notice.  You are solely - responsible for creating and maintaining your own backup copies of your User Content if - you desire. - -

-

- 3.2         - License. - -   You hereby grant (and you represent and warrant that you have the right to grant) - to Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license - to reproduce, distribute, publicly display and perform, prepare derivative works of, - incorporate into other works, and otherwise use and exploit your User Content, and to - grant sublicenses of the foregoing rights, solely for the purposes of including your - User Content in the Site and Services.  You hereby irrevocably waive (and agree to - cause to be waived) any claims and assertions of moral rights or attribution with - respect to your User Content. - -

-

- - 3.3        Acceptable Use Policy.   - - The following terms constitute our “ - Acceptable Use Policy - ”: -

-

- (a)         - - You agree not to use the Site and Services to collect, upload, transmit, display, or - distribute any User Content (i) that violates any third-party right, including any - copyright, trademark, patent, trade secret, moral right, privacy right, right of - publicity, or any other intellectual property or proprietary right; (ii) that is - unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s - privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, - pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical - harm of any kind against any group or individual or is otherwise objectionable; (iii) - that is harmful to minors in any way; or (iv) that is in violation of any law, - regulation, or obligations or restrictions imposed by any third party or governmental - agency, including without limitation securities laws, commodities laws, money - transmission regulations, and anti-money laundering and anti-terrorism laws. - -

-

- (b)         - - In addition, you agree not to: (i) upload, transmit, or distribute to or through the - Site or Services any computer viruses, worms, or any software intended to damage or - alter a computer system or data; (ii) send through the Site or Services unsolicited or - unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid - schemes, or any other form of duplicative or unsolicited messages, whether commercial or - otherwise; (iii)  use the Site or Services to harvest, collect, gather or assemble - information or data regarding other users, including e-mail addresses, without their - consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks - connected to the Site or Services, or violate the regulations, policies or procedures of - such networks; (v) attempt to gain unauthorized access to the Site or Services (or to - other computer systems or networks connected to or used together with the Site or - Services), whether through password mining or any other means; (vi) harass or interfere - with any other user’s use and enjoyment of the Site or Services; or (vi) use software or - automated agents or scripts to produce multiple accounts on the Site or Services, or to - generate automated searches, requests, or queries to (or to strip, scrape, or mine data - from) the Site or Services (provided, however, that we conditionally grant to the - operators of public search engines revocable permission to use spiders to copy materials - from the Site or Services for the sole purpose of and solely to the extent necessary for - creating publicly available searchable indices of the materials, but not caches or - archives of such materials, subject to the parameters set forth in our robots.txt file). - -

-

- - 3.4        Enforcement.   - - - We reserve the right (but have no obligation) to review any User Content, and to - investigate and/or take appropriate action against you in our sole discretion if you - violate the Acceptable Use Policy or any other provision of these Terms or otherwise - create liability for us or any other person. Such action may include removing or - modifying your User Content, terminating your use, and/or reporting you to law - enforcement authorities. - -

-

- 3.5        Feedback. - -   Should you encounter any bugs, glitches, lack of functionality or other problems - on the website, please let us know immediately so we can rectify these accordingly. We - appreciate your feedback as it helps us develop the platform and offer the best Service - possible. If you provide Company with any feedback or suggestions regarding the Site or - Services (“ - - Feedback - - ”), you hereby assign to Company all rights in such Feedback and agree that Company - shall have the right to use and fully exploit such Feedback and related information in - any manner it deems appropriate.  Company will treat any Feedback you provide to - Company as non-confidential and non-proprietary.  You agree that you will not - submit to Company any information or ideas that you consider to be confidential or - proprietary. - -

-

- -

-

- - 3.6        Rewards.   - - - Company from time to time, in its sole discretion, may decide to offer prizes to - incentivize user participation, however, any reward or benefit offered by Company does - not create, constitute, or give rise to any legal or contractual rights in users of the - Site and Services. You acknowledge that Company has no legal obligation to provide - rewards to any contributor. - -

-
    -
  1. - INDEMNIFICATION -
    2. -
-

- - You agree to indemnify and hold Company (and its directors, officers, employees, - contractors, affiliates, representatives and agents) harmless, including costs and - attorneys’ fees, from any claim or demand made by any third party due to or arising out - of (a) your use of the Site and Services, (b) your violation of these Terms, (c) your - violation of applicable laws or regulations or (d) your User Content.  Company - reserves the right, at your expense, to assume the exclusive defense and control of any - matter for which you are required to indemnify us, and you agree to cooperate with our - defense of these claims.  You agree not to settle any matter without the prior - written consent of Company.  Company will use reasonable efforts to notify you of - any such claim, action or proceeding upon becoming aware of it. - -

-
    -
  1. - THIRD PARTY LINKS - & -  ADS; OTHER USERS -
    2. -
-

- - 5.1        Third-Party Links & Ads.   - - - The Site and Services may contain links to third-party websites and services, including - digital asset wallets, and/or display advertisements for third parties (collectively, “ - - Third-Party Links & Ads - - ”).  Such Third-Party Links & Ads are not under the control of Company, and - Company is not responsible for any Third-Party Links & Ads.  Company provides - access to these Third-Party Links & Ads only as a convenience to you, and does not - review, approve, monitor, endorse, warrant, or make any representations with respect to - Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own - risk, and should apply a suitable level of caution and discretion in doing so. When you - click on any of the Third-Party Links & Ads, the applicable third party’s terms and - policies apply, including the third party’s privacy and data gathering practices. -  You should make whatever investigation you feel necessary or appropriate before - proceeding with any transaction in connection with such Third-Party Links & Ads. - -

-

- - 5.2        Other Users.   - - - Each Site and Service user is solely responsible for any and all of its own User - Content.  Because we do not control User Content, you acknowledge and agree that we - are not responsible for any User Content, whether provided by you or by others.  We - make no guarantees regarding the accuracy, currency, suitability, or quality of any User - Content.  Your interactions with other Site and Service users are solely between - you and such users.  You agree that Company will not be responsible for any loss or - damage incurred as the result of any such interactions.  If there is a dispute - between you and any Site or Service user, we are under no obligation to become involved. - -

-

- 5.3        Release. - -  You hereby release and forever discharge the Company (and our directors, officers, - employees, contractors, affiliates, representatives, agents, successors, and assigns) - from, and hereby waive and relinquish, each and every past, present and future dispute, - claim, controversy, demand, right, obligation, liability, action and cause of action of - every kind and nature (including personal injuries, death, and property damage), that - has arisen or arises directly or indirectly out of, or that relates directly or - indirectly to, the Site or Services (including any interactions with, or act or omission - of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA - RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE - FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR - DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE - RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER - SETTLEMENT WITH THE DEBTOR.” - -

-

- - 5.4        Third Party Beneficiaries.   - - - You agree that, except as otherwise expressly provided in these Terms, there shall be no - third party beneficiaries to the Terms. The Terms of Use will not be construed as - creating or implying any relationship of agency, franchise, partnership, or joint - venture between you and Company, except and solely to the extent expressly stated in - these Terms. - -

-
    -
  1. - DISCLAIMERS -
    2. -
-

- - THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY - (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY - KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR - NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND - SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, - SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER - HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES - WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO - NINETY (90) DAYS FROM THE DATE OF FIRST USE. - -

-

- -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE - EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW - LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. - -

-

- -

-
    -
  1. - FURTHER DISCLAIMERS -
    2. -
-

- - Without limiting the generality of Section 6, neither Company nor its affiliates or - licensors will have any responsibilities or liability with respect to the following: (a) - the Services could be impacted by one or more regulatory inquiries or actions, which - could prevent or limit the ability of Company to continue to develop or provide the - Services, or for you and your users to use the Services, (b) Company has no obligation - to update the Services or its underlying platforms and networks to address, mitigate, or - remediate any security or other vulnerabilities in the Services, or such platforms or - networks, and (c) portions of the Services or any other underlying networks and - platforms may rest on open-source software, and there is a risk that weaknesses or bugs - that may be introduced in the infrastructural elements of the Services or any other - underlying networks and platforms, which may result in security vulnerabilities, data - loss, damage, destructions, disclosure, or other compromises. - -

-
    -
  1. - LIMITATION ON LIABILITY -
    2. -
-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE - LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT - OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL - OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY - TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF - SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR OWN - DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR - COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.   - -

-

- - TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY - CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS - AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT - ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN - ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO - LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. - -

-

- - SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL - OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. -   - -

-
    -
  1. - CRYPTOGRAPHIC SYSTEMS -
    2. -
-

- - You acknowledge and understand that cryptography is a progressing field. Advances in - code cracking or technical advances such as the development of quantum computers may - present risks to cryptographic systems and the Services, which could result in the theft - or loss of your property. To the extent possible, the Company intends to update the code - underlying the Services to account for any advances in cryptography and to incorporate - additional security measures, but does not guarantee or otherwise represent full - security of the system. By using the Services, you acknowledge these inherent risks. - -

-
    -
  1. - PLATFORM SECURITY -
    2. -
-

- - We are an early stage platform.  You acknowledge that applications are code subject - to flaws and acknowledge that you are solely responsible for evaluating any available - code provided by the Services. You further expressly acknowledge and represent that - applications can be written maliciously or negligently, that we cannot be held liable - for your interaction with such applications. These warnings and others later provided by - us in no way evidence or represent an ongoing duty to alert you to all of the potential - risks of utilizing the Site and Services. - -

-
    -
  1. - COPYRIGHT INFRINGEMENT -
    2. -
-

- - If you believe that your copyright or the copyright of a person on whose behalf you are - authorized to act has been infringed, please provide Company a written notice containing - the following information: (a) an electronic or physical signature of the person - authorized to act on behalf of the owner of the copyright or other intellectual property - interest, (b) a description of the copyrighted work or other intellectual property that - you claim has been infringed, and (c) a description of where the material that you claim - is infringing is located on the Site. - -

-

- Company can be reached at: -

-

- Email: - - - - [email protected] - - - - ; - - - - [email protected] - - - -   -

-

- Subject Line: Copyright Notification: - Liquality -

-
    -
  1. - TERM & TERMINATION -
    2. -
-

- - Subject to this Section, these Terms will remain in full force and effect while you use - the Site.  We may suspend or terminate your rights to use the Site and Services at - any time for any reason at our sole discretion, including for any use of the Site or - Services in violation of these Terms.  Upon termination of your rights under these - Terms, your right to access and use the Site and Services will terminate immediately. -  You understand that any such termination may involve deletion of your User - Content.  Company will not have any liability whatsoever to you for any termination - of your rights under these Terms, including for deletion of your User Content. -  Even after your rights under these Terms are terminated, the following provisions - of these Terms will remain in effect: Sections ‎2.2 through ‎2.5, Sections ‎3 through 8, - and Sections 11 through 14.         - -

-
    -
  1. - GENERAL -
    2. -
-

- 13.1        Changes. - -   These Terms are subject to occasional revision, and if we make any changes, we - will change the Last Updated date above.  Continued use of our Site and Services - following such notice of such changes shall indicate your acknowledgement of such - changes and agreement to be bound by the terms and conditions of such changes.. - -

-

- - 13.2        Dispute Resolution. - - - Please read this Arbitration Agreement (the “Arbitration Agreement”) carefully.  It - is part of your contract with Company and affects your rights.  It contains - procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. - -

-

- (a)         - Applicability of Arbitration Agreement. - -   All claims and disputes (excluding claims for injunctive or other equitable - relief as set forth below) in connection with the Terms or the use of any product or - service provided by the Company that cannot be resolved informally or in small claims - court shall be resolved by binding arbitration on an individual basis under the terms of - this Arbitration Agreement.  Unless otherwise agreed to, all arbitration - proceedings shall be held in English.  This Arbitration Agreement applies to you - and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in - interest, successors, and assigns, as well as all authorized or unauthorized users or - beneficiaries of services or goods provided under the Terms. - -

-

- (b)         - Notice Requirement and Informal Dispute Resolution - - .  Before either party may seek arbitration, the party must first send to the other - party a written Notice of Dispute ( - - “Notice” - - ) describing the nature and basis of the claim or dispute, and the requested relief. -  A Notice to the Company should be sent to: 49 Bogart St. #22, Brooklyn, New York - 11206.  After the Notice is received, you and the Company may attempt to resolve - the claim or dispute informally.  If you and the Company do not resolve the claim - or dispute within thirty (30) days after the Notice is received, either party may begin - an arbitration proceeding.  The amount of any settlement offer made by any party - may not be disclosed to the arbitrator until after the arbitrator has determined the - amount of the award, if any, to which either party is entitled. - -

-

- (c)         - Arbitration Rules - - .   This Agreement shall be governed by the laws of the State of New York. Any - claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or - the relationships among the parties hereto shall be resolved by one arbitrator through - binding arbitration conducted in accordance with the expedited procedures set forth in - the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules - exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those - Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment - upon the award may be entered and enforced in any court having jurisdiction. This clause - is made pursuant to a transaction involving interstate commerce and shall be governed by - the Federal Arbitration Act. Neither party shall sue the other party other than as - provided herein or for enforcement of this clause or of the arbitrator’s award; any such - suit may be brought only in a Federal District Court or a New York state court located - in New York County, New York. The arbitrator, and not any federal, state, or local - court, shall have exclusive authority to resolve any dispute relating to the - interpretation, applicability, unconscionability, arbitrability, enforceability, or - formation of this Agreement including any claim that all or any part of the Agreement is - void or voidable. - -

-

- (d)         - Additional Rules for Non-Appearance Based Arbitration - - .  If non-appearance based arbitration is elected, the arbitration shall be - conducted by telephone, online and/or based solely on written submissions; the specific - manner shall be chosen by the party initiating the arbitration.  The arbitration - shall not involve any personal appearance by the parties or witnesses unless otherwise - agreed by the parties. - -

-

- (e)         - Time Limits. - -   If you or the Company pursue arbitration, the arbitration action must be - initiated and/or demanded within the statute of limitations (i.e., the legal deadline - for filing a claim) and within any deadline imposed under the Rules for the pertinent - claim. - -

-

- (f)         - Authority of Arbitrator - - .  If arbitration is initiated, the arbitrator will decide the rights and - liabilities, if any, of you and the Company, and the dispute will not be consolidated - with any other matters or joined with any other cases or parties.  The arbitrator - shall have the authority to grant motions dispositive of all or part of any claim. -  The arbitrator shall have the authority to award monetary damages, and to grant - any non-monetary remedy or relief available to an individual under applicable law, the - Rules, and the Terms.  The arbitrator shall issue a written award and statement of - decision describing the essential findings and conclusions on which the award is based, - including the calculation of any damages awarded.  The arbitrator has the same - authority to award relief on an individual basis that a judge in a court of law would - have.  The award of the arbitrator is final and binding upon you and the Company. - -

-

- (g)         - Waiver of Jury Trial. - -   THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT - AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and - disputes shall be resolved by arbitration under this Arbitration Agreement. -  Arbitration procedures are typically more limited, more efficient and less costly - than rules applicable in a court and are subject to very limited review by a court. -  In the event any litigation should arise between you and the Company in any state - or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU - AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be - resolved by a judge. - -

-

- (h)         - Waiver of Class or Consolidated Actions - - .  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE - ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF - MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED - WITH THOSE OF ANY OTHER CUSTOMER OR USER.   - -

-

- (i)         - Confidentiality - - .  All aspects of the arbitration proceeding, including but not limited to the - award of the arbitrator and compliance therewith, shall be strictly confidential. -  The parties agree to maintain confidentiality unless otherwise required by law. -  This paragraph shall not prevent a party from submitting to a court of law any - information necessary to enforce this Agreement, to enforce an arbitration award, or to - seek injunctive or equitable relief. - -

-

- (j)         - Severability - - .  If any part or parts of this Arbitration Agreement are found under the law to be - invalid or unenforceable by a court of competent jurisdiction, then such specific part - or parts shall be of no force and effect and shall be severed and the remainder of the - Agreement shall continue in full force and effect. - -

-

- (k)         - Right to Waive. - -   Any or all of the rights and limitations set forth in this Arbitration Agreement - may be waived by the party against whom the claim is asserted.  Such waiver shall - not waive or affect any other portion of this Arbitration Agreement. - -

-

- (l)         - Survival of Agreement - - .  This Arbitration Agreement will survive the termination of your relationship - with Company.   - -

-

- (m)         - Small Claims Court. - -   Notwithstanding the foregoing, either you or the Company may bring an individual - action in small claims court. - -

-

- (n)         - Emergency Equitable Relief - - .  Notwithstanding the foregoing, either party may seek emergency equitable relief - before a state or federal court in order to maintain the status quo pending arbitration. -  A request for interim measures shall not be deemed a waiver of any other rights or - obligations under this Arbitration Agreement. - -

-

- (o)         - Claims Not Subject to Arbitration. - -  Notwithstanding the foregoing, claims of defamation, violation of the Computer - Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, - copyright, trademark or trade secrets shall not be subject to this Arbitration - Agreement. - -

-

- (p)         - Courts. - -   In any circumstances where the foregoing Arbitration Agreement permits the - parties to litigate in court, the parties hereby agree to submit to the personal - jurisdiction of the courts located within Kings  County, New York, for such purpose - -

-

- 13.3        Export. - - The Site may be subject to U.S. export control laws and may be subject to export or - import regulations in other countries. You agree not to export, re-export, or transfer, - directly or indirectly, any U.S. technical data acquired from Company, or any products - utilizing such data, in violation of the United States export laws or regulations. - -

-

- 13.4        Disclosures. - -   If you are a California resident, you may report complaints to the Complaint - Assistance Unit of the Division of Consumer Product of the California Department of - Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or - by telephone at (800) 952-5210. - -

-

- - 13.5        Electronic Communications. - - -   The communications between you and Company use electronic means, whether you use - the Site or send us emails, or whether Company posts notices on the Site or communicates - with you via email. For contractual purposes, you (a) consent to receive communications - from Company in an electronic form; and (b) agree that all terms and conditions, - agreements, notices, disclosures, and other communications that Company provides to you - electronically satisfy any legal requirement that such communications would satisfy if - it were be in a hard-copy writing. The foregoing does not affect your non-waivable - rights. - -

-

- - 13.6        Entire Terms. - - -  These Terms constitute the entire agreement between you and us regarding the use - of the Site and Services. Our failure to exercise or enforce any right or provision of - these Terms shall not operate as a waiver of such right or provision. The section titles - in these Terms are for convenience only and have no legal or contractual effect. The - word “including” means “including without limitation”.  If any provision of these - Terms is, for any reason, held to be invalid or unenforceable, the other provisions of - these Terms will be unimpaired and the invalid or unenforceable provision will be deemed - modified so that it is valid and enforceable to the maximum extent permitted by law. -  Your relationship to Company is that of an independent contractor, and neither - party is an agent or partner of the other.  These Terms, and your rights and - obligations herein, may not be assigned, subcontracted, delegated, or otherwise - transferred by you without Company’s prior written consent, and any attempted - assignment, subcontract, delegation, or transfer in violation of the foregoing will be - null and void.  Company may freely assign these Terms.  The terms and - conditions set forth in these Terms shall be binding upon assignees. - -

-

- 13.7        Contact. - - We welcome your comments or questions about these Terms. Please contact us at: - - info@liquality.io - . -

+
+

Terms of Use

+

Version 1.1

+

Last revised on: May 24, 2023

+

Welcome to Liquality (“ Liquality ”, “ Company ”, + “ + we ”, “ our ”, or “ us ”). Liquality is a + wallet + service that would enable users to hold, send, receive and swap tokens. These + terms of use (“ Terms ”, “ Terms of Use ” or the “ Agreement ”) + govern + your use of the wallet services on the website located at www.liquality.io  (the “ + Site + ”), the Chrome extension, platform, and all related tools, applications, data, software, and other + services provided by us (the “ Service ”). Certain features of the Site and Services may be + subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with + such + features.  All such additional terms, guidelines, and rules are incorporated by reference into + these + Terms and constitute a legally binding agreement between you and Company in relation to your use of the + Service. Any personal information submitted in connection with your use of the Service is subject to our + Privacy Policy, which is hereby incorporated by reference into these Terms.

+

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR + USE + OF THE SITE AND SERVICES.  BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE + TERMS + (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE + THE + RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU + REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE + SERVICES + IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. +  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. +  IF + YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE AND + SERVICES.

+

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.2) ON AN INDIVIDUAL BASIS + TO + RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU + IN + THE EVENT OF A DISPUTE.

+
    +
  1. Use of the Liquality wallet service  +
    2. +
+

1.1        User Responsibilities.   In order to use + certain + features of the Site and Services, you must connect to your digital asset walle or create a digital + asset + wallet using our Servicet. You acknowledge that Company is not responsible for transferring, + safeguarding, + or maintaining your private keys or any digital currency associated therewith.  If you lose, + mishandle, + or have stolen associated digital currency private keys, you acknowledge that you may not be able to + recover + associated digital currency, and that Company is not responsible for such loss.  You agree not to + initiate or complete a swap transaction using any digital currency that may be considered a security + under + applicable law. You acknowledge that Company is not responsible for any loss or damage arising from your + failure to comply with the requirements hereunder.

+

1.2         Swap Provider Fee .   You acknowledge that + you + may receive a lesser amount of the receiving token in your wallet following the swap transaction than + displayed on the swap page as a result to pay for the swap provider fee and/or higher network + fees. +

+
    +
  1. ACCESS TO SITE AND SERVICES
    2. +
+

2.1         License .  Subject to these Terms, Company + grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and + Services solely for your own personal, noncommercial use.

+

2.2        Certain Restrictions.   The rights granted to + you + in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, + transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in + whole + or in part, or any content displayed on the Site or Services; (b) you shall not modify, make derivative + works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you + shall + not access the Site or Services in order to build a similar or competitive website, product, or service; + (d) + except as expressly stated herein, no part of the Site or Services may be copied, reproduced, + distributed, + republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall + not + use the Site or Services or enter into a swap transaction other than as permitted hereunder. +  Unless + otherwise indicated, any future release, update, or other addition to functionality of the Site and + Services + shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on + any + content displayed on the Site) must be retained on all copies thereof.

+

2.3        Modification.   Company reserves the right, + at + any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without + notice to you.  You agree that Company will not be liable to you or to any third party for any + modification, suspension, or discontinuation of the Site and Services or any part thereof.

+

2.4        No Support or Maintenance.   You acknowledge + and + agree that Company will have no obligation to provide you with any support or maintenance in connection + with + the Site and Services.

+

2.5        Ownership.   Excluding any User Content that + you + may provide (defined below), you acknowledge that all the intellectual property rights, including + copyrights, patents, trademarks, and trade secrets, in the Site and Services and its content are owned + by + Company or Company’s suppliers.  Neither these Terms (nor your access to the Site and + Services) + transfers to you or any third party any rights, title or interest in or to such intellectual property + rights, except for the limited access rights expressly set forth in Section ‎2.1. Company and its + suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted + under + these Terms.

+
    +
  1. USER CONTENT
    2. +
+

3.1        User Content.   “User Content” + means + any and all information and content that a user submits to, or uses with, the Site and Services (e.g., + content in the user’s profile or postings).  You are solely responsible for your User + Content. +  You assume all risks associated with use of your User Content, including any reliance on its + accuracy, + completeness or usefulness by others, or any disclosure of your User Content that personally identifies + you + or any third party.  You hereby represent and warrant that your User Content does not violate our + Acceptable Use Policy (defined in Section ‎3.3).  You may not represent or imply to others that + your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are + responsible for your User Content, you may expose yourself to liability if, for example, your User + Content + violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your + User + Content may be deleted at any time without prior notice.  You are solely responsible for creating + and + maintaining your own backup copies of your User Content if you desire.

+

3.2         License.   You hereby grant (and you + represent + and warrant that you have the right to grant) to Company an irrevocable, non-exclusive, royalty-free and + fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative + works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant + sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site + and + Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions + of + moral rights or attribution with respect to your User Content.

+

3.3        Acceptable Use Policy.   The following terms + constitute our “ Acceptable Use Policy ”:

+

(a)         You agree not to use the Site and Services to + collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party + right, + including any copyright, trademark, patent, trade secret, moral right, privacy right, right of + publicity, or + any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, + tortious, + threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally + misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, + or + physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is + harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or + restrictions imposed by any third party or governmental agency, including without limitation securities + laws, commodities laws, money transmission regulations, and anti-money laundering and anti-terrorism + laws.

+

(b)         In addition, you agree not to: (i) upload, + transmit, + or distribute to or through the Site or Services any computer viruses, worms, or any software intended + to + damage or alter a computer system or data; (ii) send through the Site or Services unsolicited or + unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any + other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the + Site + or Services to harvest, collect, gather or assemble information or data regarding other users, including + e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on + servers + or networks connected to the Site or Services, or violate the regulations, policies or procedures of + such + networks; (v) attempt to gain unauthorized access to the Site or Services (or to other computer systems + or + networks connected to or used together with the Site or Services), whether through password mining or + any + other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site or + Services; + or (vi) use software or automated agents or scripts to produce multiple accounts on the Site or + Services, or + to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the + Site or + Services (provided, however, that we conditionally grant to the operators of public search engines + revocable + permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely + to + the extent necessary for creating publicly available searchable indices of the materials, but not caches + or + archives of such materials, subject to the parameters set forth in our robots.txt file).

+

3.4        Enforcement.   We reserve the right (but have + no + obligation) to review any User Content, and to investigate and/or take appropriate action against you in + our + sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or + otherwise + create liability for us or any other person. Such action may include removing or modifying your User + Content, terminating your use, and/or reporting you to law enforcement authorities.

+

3.5        Feedback.   Should you encounter any bugs, + glitches, lack of functionality or other problems on the website, please let us know immediately so we + can + rectify these accordingly. We appreciate your feedback as it helps us develop the platform and offer the + best Service possible. If you provide Company with any feedback or suggestions regarding the Site or + Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree + that + Company shall have the right to use and fully exploit such Feedback and related information in any + manner it + deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and + non-proprietary. You agree that you will not submit to Company any information or ideas that you + consider to + be confidential or proprietary.

+

3.6        Rewards.   Company from time to time, in + its + sole discretion, may decide to offer prizes to incentivize user participation, however, any reward or + benefit offered by Company does not create, constitute, or give rise to any legal or contractual rights + in + users of the Site and Services. You acknowledge that Company has no legal obligation to provide rewards + to + any contributor.

+
    +
  1. INDEMNIFICATION
    2. +
+

You agree to indemnify and hold Company (and its directors, officers, employees, + contractors, affiliates, representatives and agents) harmless, including costs and attorneys’ + fees, + from any claim or demand made by any third party due to or arising out of (a) your use of the Site and + Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) + your User Content.  Company reserves the right, at your expense, to assume the exclusive defense + and + control of any matter for which you are required to indemnify us, and you agree to cooperate with our + defense of these claims.  You agree not to settle any matter without the prior written consent of + Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding + upon becoming aware of it.

+
    +
  1. THIRD PARTY LINKS &  ADS; OTHER USERS
    2. +
+

5.1        Third-Party Links & Ads.   The Site and + Services may contain links to third-party websites and services, including digital asset wallets, and/or + display advertisements for third parties (collectively, “ Third-Party Links & Ads ”). +  Such Third-Party Links & Ads are not under the control of Company, and Company is not + responsible + for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads + only + as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any + representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & + Ads + at your own risk, and should apply a suitable level of caution and discretion in doing so. When you + click on + any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, + including the third party’s privacy and data gathering practices.  You should make whatever + investigation you feel necessary or appropriate before proceeding with any transaction in connection + with + such Third-Party Links & Ads.

+

5.2        Other Users.   Each Site and Service user is + solely responsible for any and all of its own User Content.  Because we do not control User + Content, + you acknowledge and agree that we are not responsible for any User Content, whether provided by you or + by + others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any + User + Content.  Your interactions with other Site and Service users are solely between you and such + users. +  You agree that Company will not be responsible for any loss or damage incurred as the result of + any + such interactions.  If there is a dispute between you and any Site or Service user, we are under no + obligation to become involved.

+

5.3        Release.  You hereby release and forever + discharge the Company (and our directors, officers, employees, contractors, affiliates, representatives, + agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and + future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of + every kind and nature (including personal injuries, death, and property damage), that has arisen or + arises + directly or indirectly out of, or that relates directly or indirectly to, the Site or Services + (including + any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). +  IF + YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH + THE + FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT + KNOW + OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR + HER + MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

+

5.4        Third Party Beneficiaries.   You agree that, + except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to + the + Terms. The Terms of Use will not be construed as creating or implying any relationship of agency, + franchise, + partnership, or joint venture between you and Company, except and solely to the extent expressly stated + in + these Terms.

+
    +
  1. DISCLAIMERS
    2. +
+

THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS + AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND + CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS + OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR + NON-INFRINGEMENT. +  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, + WILL + BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, + FREE + OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY + WARRANTIES + WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS + FROM + THE DATE OF FIRST USE.

+

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE + EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED + WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

+
    +
  1. FURTHER DISCLAIMERS
    2. +
+

Without limiting the generality of Section 6, neither Company nor its affiliates + or + licensors will have any responsibilities or liability with respect to the following: (a) the Services + could + be impacted by one or more regulatory inquiries or actions, which could prevent or limit the ability of + Company to continue to develop or provide the Services, or for you and your users to use the Services, + (b) + Company has no obligation to update the Services or its underlying platforms and networks to address, + mitigate, or remediate any security or other vulnerabilities in the Services, or such platforms or + networks, + and (c) portions of the Services or any other underlying networks and platforms may rest on open-source + software, and there is a risk that weaknesses or bugs that may be introduced in the infrastructural + elements + of the Services or any other underlying networks and platforms, which may result in security + vulnerabilities, data loss, damage, destructions, disclosure, or other compromises.

+
    +
  1. LIMITATION ON LIABILITY
    2. +
+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR + SUPPLIERS) + BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE + PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING + FROM OR + RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS + BEEN + ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE OR SERVICES IS AT YOUR + OWN + DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER + SYSTEM, OR + LOSS OF DATA RESULTING THEREFROM.  

+

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY + CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR + ANY + CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF + ONE + US DOLLAR (U.S. $1). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE + THAT + OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

+

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR + INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. +  

+
    +
  1. CRYPTOGRAPHIC SYSTEMS
    2. +
+

You acknowledge and understand that cryptography is a progressing field. Advances + in + code cracking or technical advances such as the development of quantum computers may present risks to + cryptographic systems and the Services, which could result in the theft or loss of your property. To the + extent possible, the Company intends to update the code underlying the Services to account for any + advances + in cryptography and to incorporate additional security measures, but does not guarantee or otherwise + represent full security of the system. By using the Services, you acknowledge these inherent + risks. +

+
    +
  1. PLATFORM SECURITY
    2. +
+

We are an early stage platform.  You acknowledge that applications are code + subject to flaws and acknowledge that you are solely responsible for evaluating any available code + provided + by the Services. You further expressly acknowledge and represent that applications can be written + maliciously or negligently, that we cannot be held liable for your interaction with such applications. + These + warnings and others later provided by us in no way evidence or represent an ongoing duty to alert you to + all + of the potential risks of utilizing the Site and Services.

+
    +
  1. COPYRIGHT INFRINGEMENT
    2. +
+

If you believe that your copyright or the copyright of a person on whose behalf + you + are authorized to act has been infringed, please provide Company a written notice containing the + following + information: (a) an electronic or physical signature of the person authorized to act on behalf of the + owner + of the copyright or other intellectual property interest, (b) a description of the copyrighted work or + other + intellectual property that you claim has been infringed, and (c) a description of where the material + that + you claim is infringing is located on the Site.

+

Company can be reached at:

+

Email: info@liquality.io

+

Subject Line: Copyright Notification: Liquality

+
    +
  1. TERM & TERMINATION
    2. +
+

Subject to this Section, these Terms will remain in full force and effect while + you + use the Site. We may suspend or terminate your rights to use the Site and Services at any time for any + reason at our sole discretion, including for any use of the Site or Services in violation of these + Terms. +  Upon termination of your rights under these Terms, your right to access and use the Site and + Services + will terminate immediately.  You understand that any such termination may involve deletion of your + User + Content.  Company will not have any liability whatsoever to you for any termination of your rights + under these Terms, including for deletion of your User Content.  Even after your rights under these + Terms are terminated, the following provisions of these Terms will remain in effect: Sections ‎2.2 + through ‎2.5, Sections ‎3 through 8, and Sections 11 through 14.       +   +

+
    +
  1. GENERAL
    2. +
+

13.1        Changes.   These Terms are subject to + occasional + revision, and if we make any changes, we will change the Last Updated date above.  Continued use of + our + Site and Services following such notice of such changes shall indicate your acknowledgement of such + changes + and agreement to be bound by the terms and conditions of such changes..

+

13.2        Dispute Resolution. Please read this Arbitration + Agreement (the “Arbitration Agreement”) carefully.  It is part of your contract with + Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A + CLASS + ACTION WAIVER.

+

(a)         Applicability of Arbitration Agreement.   + All + claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in + connection with the Terms or the use of any product or service provided by the Company that cannot be + resolved informally or in small claims court shall be resolved by binding arbitration on an individual + basis + under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration + proceedings + shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any + subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well + as + all authorized or unauthorized users or beneficiaries of services or goods provided under the + Terms. +

+

(b)         Notice Requirement and Informal Dispute + Resolution + .  Before either party may seek arbitration, the party must first send to the other party a written + Notice of Dispute ( “Notice” ) describing the nature and basis of + the + claim or dispute, and the requested relief.  A Notice to the Company should be sent to: +  220w 148th street, Apt. 5p, NY 10039 New York, US . +  After the Notice is received, you and the Company may attempt to resolve + the + claim or dispute informally.  If you and the Company do not resolve the claim or dispute within + thirty + (30) days after the Notice is received, either party may begin an arbitration proceeding.  The + amount + of any settlement offer made by any party may not be disclosed to the arbitrator until after the + arbitrator + has determined the amount of the award, if any, to which either party is entitled.

+

(c)         Arbitration Rules .   This Agreement shall + be + governed by the laws of the State of New York. Any claim, dispute, or controversy (“Claim”) + arising out of or relating to this Agreement or the relationships among the parties hereto shall be + resolved + by one arbitrator through binding arbitration conducted in accordance with the expedited procedures set + forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those + Rules + exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The + arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be + entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction + involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall + sue + the other party other than as provided herein or for enforcement of this clause or of the + arbitrator’s + award; any such suit may be brought only in a Federal District Court or a New York state court located + in + New York County, New York. The arbitrator, and not any federal, state, or local court, shall have + exclusive + authority to resolve any dispute relating to the interpretation, applicability, unconscionability, + arbitrability, enforceability, or formation of this Agreement including any claim that all or any part + of + the Agreement is void or voidable.

+

(d)         Additional Rules for Non-Appearance Based + Arbitration + .  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, + online and/or based solely on written submissions; the specific manner shall be chosen by the party + initiating the arbitration.  The arbitration shall not involve any personal appearance by the + parties + or witnesses unless otherwise agreed by the parties.

+

(e)         Time Limits.   If you or the Company pursue + arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations + (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Rules for the + pertinent claim.

+

(f)         Authority of Arbitrator .  If arbitration is + initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and + the + dispute will not be consolidated with any other matters or joined with any other cases or parties. +  The + arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The + arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or + relief available to an individual under applicable law, the Rules, and the Terms.  The arbitrator + shall + issue a written award and statement of decision describing the essential findings and conclusions on + which + the award is based, including the calculation of any damages awarded.  The arbitrator has the same + authority to award relief on an individual basis that a judge in a court of law would have.  The + award + of the arbitrator is final and binding upon you and the Company.

+

(g)         Waiver of Jury Trial.   THE PARTIES HEREBY + WAIVE + THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, + instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration + Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than + rules applicable in a court and are subject to very limited review by a court.  In the event any + litigation should arise between you and the Company in any state or federal court in a suit to vacate or + enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead + electing that the dispute be resolved by a judge.

+

(h)         Waiver of Class or Consolidated Actions . +  ALL + CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN + INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE + ARBITRATED + OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

+

(i)         Confidentiality .  All aspects of the + arbitration proceeding, including but not limited to the award of the arbitrator and compliance + therewith, + shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise + required by law.  This paragraph shall not prevent a party from submitting to a court of law any + information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive + or + equitable relief.

+

(j)         Severability .  If any part or parts of this + Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent + jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and + the + remainder of the Agreement shall continue in full force and effect.

+

(k)         Right to Waive.   Any or all of the rights + and + limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is + asserted.  Such waiver shall not waive or affect any other portion of this Arbitration + Agreement.

+

(l)         Survival of Agreement. This Arbitration Agreement + will survive the termination of your relationship with Company.  

+

(m)         Small Claims Court.   Notwithstanding the + foregoing, either you or the Company may bring an individual action in small claims court.

+

(n)         Emergency Equitable Relief . +  Notwithstanding + the foregoing, either party may seek emergency equitable relief before a state or federal court in order + to + maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a + waiver of any other rights or obligations under this Arbitration Agreement.

+

(o)         Claims Not Subject to Arbitration. +  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse + Act, + and infringement or misappropriation of the other party’s patent, copyright, trademark or trade + secrets shall not be subject to this Arbitration Agreement.

+

(p)         Courts.   In any circumstances where the + foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to + submit + to the personal jurisdiction of the courts located within Kings County, New York, for such + purpose +

+

13.3        Export. The Site may be subject to U.S. export + control laws and may be subject to export or import regulations in other countries. You agree not to + export, + re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any + products utilizing such data, in violation of the United States export laws or regulations.

+

13.4        Disclosures.  If you are a California + resident, + you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the + California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA + 95814, or by telephone at (800) 952-5210.

+

13.5        Electronic Communications.  The + communications + between you and Company use electronic means, whether you use the Site or send us emails, or whether + Company + posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent + to + receive communications from Company in an electronic form; and (b) agree that all terms and conditions, + agreements, notices, disclosures, and other communications that Company provides to you electronically + satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy + writing. + The foregoing does not affect your non-waivable rights.

+

13.6        Entire Terms.  These Terms constitute the + entire + agreement between you and us regarding the use of the Site and Services. Our failure to exercise or + enforce + any right or provision of these Terms shall not operate as a waiver of such right or provision. The + section + titles in these Terms are for convenience only and have no legal or contractual effect. The word + “including” means “including without limitation”.  If any provision of + these + Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will + be + unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and + enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an + independent contractor, and neither party is an agent or partner of the other.  These Terms, and + your + rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred + by + you without Company’s prior written consent, and any attempted assignment, subcontract, + delegation, or + transfer in violation of the foregoing will be null and void.  Company may freely assign these + Terms. +  The terms and conditions set forth in these Terms shall be binding upon assignees.

+

13.7        Contact. We welcome your comments or questions + about these Terms. Please contact us at:  info@liquality.io /span>.

+

+
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