diff --git a/src/pages/TermsOfUsePage.tsx b/src/pages/TermsOfUsePage.tsx index 9f5a6cc..cc4ea51 100644 --- a/src/pages/TermsOfUsePage.tsx +++ b/src/pages/TermsOfUsePage.tsx @@ -5,8 +5,1074 @@ import { articleMixins } from '@/styles/articleMixins'; export const TermsOfUsePage = () => (
-

Terms of Use

+

Sample Terms of Use

+
+
+

+ + THE INTERFACE (AS DEFINED BELOW) IS NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, + ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF + AMERICA OR CANADA (COLLECTIVELY, “BLOCKED PERSONS”). MOREOVER, NO SERVICES (AS DEFINED + BELOW) ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, + ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED + BELOW, AND ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). + WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A BLOCKED PERSON, THEN DO NOT ATTEMPT TO + USE THE INTERFACE AND IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE ANY OF + THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET + FORTH HEREIN IS PROHIBITED. + +

+

+ These terms of use, together with any documents and additional terms they expressly + incorporate by reference, which includes any other terms and conditions or other agreement + that our posts publicly or makes available to you or the company or other legal entity you + represent (“you” or “your”) (collectively, these “Terms”), are entered into between us and + you concerning your use of, and access to: +

+ + +

+ Please read these Terms carefully, as these Terms govern your use of the Services. These + Terms expressly cover your rights and obligations, and our disclaimers and limitations of + legal liability, relating to your use of, and access to, the Services. By clicking “I agree” + (or a similar language) to these Terms, acknowledging these Terms by other means, or + otherwise accessing or using the Services, you accept and agree to be bound by and to comply + with these Terms, including the mandatory arbitration provision in Section 15. If you do not + agree to these Terms, then you must not access or use the Services. +

+

+ + Please carefully review the disclosures and disclaimers set forth in Section 12 in their + entirety before using any Services. + {' '} + The information in Section 12 provides important details about the legal obligations + associated with your use of the Services. By accessing or using the Services, you agree that + we do not provide execution, settlement, or clearing services of any kind and are not + responsible for the execution, settlement, or clearing of transactions automated through the + Services. +

+

+ 1. MODIFICATIONS TO THESE TERMS +

+

+ We reserve the right, in our sole discretion, to modify these Terms from time to time. If we + make changes, we will provide you with notice of such changes, such as by providing notice + through the Services or updating the “Last Updated” date at the top of these Terms. Unless + we state otherwise in our notice, all such modifications are effective immediately, and your + continued use of the Services after we provide that notice will confirm your acceptance of + the changes. If you do not agree to the amended Terms, then you must stop using the + Services. +

+

+ 2. USE OF SERVICES +

+ + + +

+ 3. FEES AND PRICE ESTIMATES +

+

+ In connection with your use of the Services, unless expressly stated otherwise pursuant to a + promotion operated by us, you are required to pay all fees necessary for interacting with + any blockchain-based network, including “gas” costs, as well as all other fees reflected on + the Site at the time of your use of the Services. Although we attempt to provide accurate + fee information, this information reflects our estimates of fees, which may vary from the + actual fees paid to use the Services or interact with the applicable blockchain-based + network. +

+

+ 4. NO PROFESSIONAL ADVICE OR FIDUCIARY DUTIES +

+

+ All information provided in connection with your access and use of the Services is for + informational purposes only and should not be construed as professional advice. You should + not take, or refrain from taking any action based on any information contained on the Site + or any other information that we make available at any time, including blog posts, data, + articles, links to third-party content, Discord content, news feeds, tutorials, tweets, and + videos. Before you make any financial, legal, or other decisions involving the Services, you + should seek independent professional advice from an individual who is licensed and qualified + in the area for which such advice would be appropriate. The Terms are not intended to, and + do not, create or impose any fiduciary duties on us. You further agree that the only duties + and obligations that we owe you are those set out expressly in these Terms. +

+

+ 5. PROHIBITED ACTIVITY +

+

+ You may not use the Services to engage in the categories of activity set forth below + (“Prohibited Uses”). The specific activities set forth below are representative, but not + exhaustive, of Prohibited Uses. If you are uncertain as to whether your use of the Services + involves a Prohibited Use or have other questions about how these requirements apply to you, + then please contact us using the information set forth in Section 19. By using the Services, + you confirm that you will not engage in any of the following Prohibited Uses: +

+ + + + + + + + + + + + + +

+ 6. CONTENT +

+

+ You hereby grant to us a royalty-free, fully paid-up, sublicensable (through multiple + tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, + modify, create derivative works of, display, perform, publish and distribute, in any form, + medium or manner, any content that is available to other users as a result of your use of + the Services (collectively, “Your Content”), including for promoting us or the Services. You + represent and warrant that (a) you own Your Content or have the right to grant the rights + and licenses in these Terms; and (b) Your Content and our use of Your Content, as licensed + herein, does not and will not violate, misappropriate or infringe on any third party’s + rights. +

+

+ 7. PROPRIETARY RIGHTS +

+ + + + +

+ 8. LINKS +

+

+ The Services or third parties may provide links to other World Wide Web or accessible sites, + applications, or resources. You acknowledge and agree that we are not responsible for the + availability of such external sites, applications or resources, and do not endorse and are + not responsible or liable for any content, advertising, products, or other materials on or + available from such sites or resources. You further acknowledge and agree that we will not + be responsible or liable, directly or indirectly, for any damage or loss caused or alleged + to be caused by or in connection with use of or reliance on any such content, goods, or + services available on or through any such site or resource. +

+

+ 9. MODIFICATION, SUSPENSION, AND TERMINATION +

+

+ We may, at our sole discretion, from time to time and with or without prior notice to you, + modify, suspend or disable (temporarily or permanently) the Services, in whole or in part, + for any reason whatsoever, including to only allow open Perpetual Contracts to be closed. + Upon termination of your access, your right to use the Services will immediately cease. We + will not be liable for any losses suffered by you resulting from any modification to any + Services or from any modification, suspension or termination, for any reason, of your access + to all or any portion of the Services. The following sections of these Terms will survive + any termination of your access to the Services, regardless of the reasons for its expiration + or termination, in addition to any other provision which by law or by its nature should + survive: Section 7 and Sections 9 through Section 17. +

+

+ 10. RISKS +

+ + + + + + + + + + + +

+ 11. INDEMNIFICATION +

+

+ You will defend, indemnify, and hold harmless us and our Representatives (collectively, + “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, + liability, damage, loss, cost or expense, including reasonable attorneys’ fees, arising out + of or relating to (a) your use of, or conduct in connection with the Services; (b) Digital + Assets associated with your blockchain address; (c) any feedback or user content you provide + to us, if any, concerning the Services; (d) your violation of these Terms; or (e) your + infringement or misappropriation of the rights of any other person or entity. If you are + obligated to indemnify any Indemnified Party, us (or, at our sole discretion, the applicable + Indemnified Party) will have the right, in our or its sole discretion, to control any action + or proceeding and to determine whether we wish to settle, and if so, on what terms, and you + agree to cooperate with us in the defense. +

+

+ 12. DISCLOSURES; DISCLAIMERS +

+ + + + +

+ 13. LIMITATION OF DAMAGES; EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES +

+ + +

+ 14. LIMITATION OF LIABILITY +

+

+ Without limitation of any provision of these Terms, in the event that we or any related + party are found liable under these Terms, our aggregate liability (together with our equity + owners, members, directors, managers, officers, employees, attorneys, agents, + representatives, suppliers, or contractors), arising out of or in connection with your use + of the Services (and any of their content and functionality), any performance or + nonperformance of the Services, your Digital Assets, Perpetual Contracts or any other + product, service or other item provided by us or on our behalf, whether under contract, tort + (including negligence), civil liability, statute, strict liability or other theory of + liability, will be one hundred U.S. dollars ($100). +

+

+ 15. DISPUTE RESOLUTION AND ARBITRATION +

+

+ PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL + RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT AGAINST US IN ANY COURT OR GOVERNING + AUTHORITY. EXCEPT AS EXPRESSLY PROVIDED BELOW, THIS SECTION REQUIRES YOU TO SUBMIT ANY + DISPUTE, CLAIM, OR DISAGREEMENT (EACH A “DISPUTE”) ARISING OUT OF THESE TERMS OR THE + SERVICES, INCLUDING ANY DISPUTE THAT AROSE BEFORE THE EFFECTIVE DATES OF THESE TERMS, TO + BINDING INDIVIDUAL ARBITRATION. THIS SECTION EXTENDS TO DISPUTES THAT AROSE OR INVOLVE FACTS + OCCURING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AS WELL AS DISPUTES + THAT MAY ARISE AFTER THE TERMINATION OF THE TERMS. +

+

+ You and we agree that any Dispute arising out of or related to these Terms or the Services + is personal to you and us and that any Dispute will be resolved solely through individual + arbitration, and will not be brought as a class arbitration, class action, or any other type + of representative proceeding. +

+

+ Nothing in this Section precludes you or we from bringing an individual action for damages + in a small claims court if such claims qualify and remain in small claims court, or from + seeking injunctive or other equitable relief in court for infringement or other alleged + misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade + secrets, copyrights, and patents). +

+

+ Except as specified above, you and we waive the rights to a judge or jury trial or to have + any Dispute arising out of or related to these Terms or the Services resolved in court. + Instead, for any Dispute that you have against us or relating in any way to the Services, + you agree to first contact us and attempt to resolve the claim informally by sending a + written notice of your claim (“Notice”) to us by email using the information set forth in + Section 19. The Notice must (a) include your name, residence address, email address, and + telephone number; (b) describe the nature and basis of the claim; and (c) set forth the + specific relief sought. Our notice to you will be similar in form to that described above. + If you and we cannot reach an agreement to resolve the claim within thirty (30) days after + such Notice is received, then either party may submit the Dispute to binding arbitration + administered by JAMS or, under the limited circumstances set forth above, in court. All + Disputes submitted to JAMS will be resolved through confidential, binding arbitration before + one arbitrator. Arbitration proceedings will be held in San Francisco, California, under the + JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of + the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. + You either acknowledge and agree that you have read and understand the JAMS Rules or waive + your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair + or should not apply for any reason. +

+

+ You and we agree that these Terms affect interstate commerce and that the enforceability of + this Section 15 will be substantively and procedurally governed by the Federal Arbitration + Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. + As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive + authority to make all procedural and substantive decisions regarding any dispute and to + grant any remedy that would otherwise be available in court, including the power to + determine the question of arbitrability. The arbitrator may conduct only an individual + arbitration and may not consolidate more than one individual’s claims, preside over any type + of class or representative proceeding or preside over any proceeding involving more than one + individual. +

+

+ The arbitrator, we, and you will maintain the confidentiality of any arbitration + proceedings, judgments and awards, including all information gathered, prepared, and + presented for purposes of the arbitration or related to the dispute(s) therein. The + arbitrator will have the authority to make appropriate rulings to safeguard confidentiality + unless the law provides to the contrary. The duty of confidentiality does not apply to the + extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the + merits, in connection with a court application for a preliminary remedy or in connection + with a judicial challenge to an arbitration award or its enforcement, or to the extent that + disclosure is otherwise required by law or judicial decision. +

+

+ You and we agree that for any arbitration you initiate, you will pay the filing fee and all + other JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees + and costs. You and we agree that the state or federal courts of the State of Delaware have + exclusive jurisdiction over the enforcement of an arbitration award. +

+

+ Any claim arising out of or related to these Terms or the Services must be filed within one + (1) year after such claim arose; otherwise, the claim is permanently barred, which means + that you and we will not have the right to assert the claim. +

+

+ If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, + (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance + of the unenforceable or unlawful provision will have no impact whatsoever on the remainder + of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on + an individual basis under this Section 15; and (c) to the extent that any claims must + therefore proceed on a class, collective, consolidated, or representative basis, such claims + must be litigated in a civil court of competent jurisdiction and not in arbitration, and the + parties agree that litigation of those claims will be stayed pending the outcome of any + individual claims in arbitration. Further, if any part of this Section 15 is found to + prohibit an individual claim seeking public injunctive relief, then that provision will have + no effect to the extent such relief is allowed to be sought out of arbitration, and the + remainder of this Section 15 will be enforceable. +

+

+ 16. GOVERNING LAW +

+

+ The interpretation and enforcement of these Terms, and any Dispute related to these Terms or + the Services, will be governed by and construed and enforced under the laws of the State of + Delaware, as applicable, without regard to conflict of law rules or principles (whether of + the State of Delaware or any other jurisdiction) that would cause the application of the + laws of any other jurisdiction. You agree that we may initiate a proceeding related to the + enforcement or validity of our intellectual property rights in any court having + jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, + the state and federal courts located in Delaware will have exclusive jurisdiction. You waive + any objection to venue in any such courts. +

+

+ 17. GENERAL INFORMATION +

+ + + + + + + + + + +

+ 18. APPLE-ENABLED SOFTWARE +

+

+ With respect to any mobile application that is made available by us for your use in + connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the + other terms and conditions set forth in these Terms, the following terms and conditions + apply: +

+ + + + + + + + + + + +

+ 19. CONTACT INFORMATION +

+
);