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When you agree to these terms by using or accessing in the Interface, you are agreeing to resolve any dispute between you and Dexsport through binding, individual arbitration rather than in court. And you agree to a class action waiver, both of which impact your rights as to how disputes are resolved.
To access or use the Interface, you must be able to form a legally binding contract with us.
Accordingly, you declare that you:
Prohibited Localities: Myanmar (Burma), Ivory Coast, Burundi, Cuba, Crimea and Sevastopol, Belarus, the United States, Antigua and Barbuda, Algeria, Bangladesh, Bolivia, Democratic Republic of the Congo, Iran, Iraq, Libya, Mali, Liberia, Nicaragua, Democratic People's Republic of Korea (North Korea), Nepal, Somalia, Morocco, Sudan, Syria, Yemen, Venezuela, Zimbabwe, Ecuador or any other State, country or any other state, country or region that is subject to sanctions enforced by the United States, the United Kingdom or the European Union.
You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.
You are not permitted to access or use our Interface in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Interface to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
You confirm and agree that when interacting with the Interface, you are not using cryptocurrencies assets in Dexsport games that come from drug trade and illegal markets on the dark web and other sources marked by any country as illegal. In case it is found that your cryptocurrencies have such origins, you will not be allowed to use the Dexsport platform in any case.
By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Interface and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations. You represent, warrant and agree that we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Interface being inaccessible to you at any time or for any reason.
You agree that all interactions related to the Protocol are executed outside of Dexsport’s platform direct or indirect control. Dexsport platform does not interact with the virtual currency involved at any stage of your interaction. The interface may change, so you might see changes to some features or services.
By using or accessing the Interface, you represent and warrant that you understand that there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that Dexsport is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the Interface facilitates your interaction with decentralized networks and technology and, as such, we have no control over any blockchain or virtual currencies and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
Without limiting the foregoing, you acknowledge and agree that:
You also agree that the Interface provides accurate, current and complete information. Although, the Interface or relevant tools may contain technical inaccuracies or typographical errors. Therefore, you should check the information provided, since all decisions based on this information are your sole responsibility.
You understand and agree that the Interface enables access to an online, decentralized and autonomous protocol and environment, and associated decentralized networks, that are not controlled by the Dexsport.
You agree that Dexsport cannot and does not represent and does not guarantee that the information contained in the Interface is complete, reliable, current or relevant to your needs. Also, any information available through the Interface is provided by third parties and/or calculated for informational purposes.
You understand and agree that your use of the Interface is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the Interface and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability, or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Interface, code and any related information are accurate, complete, reliable, current or error-free.
The Interface provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that no advice, information, or statement that we make should be treated as creating any warranty concerning the Interface.
You understand and acknowledge that Dexsport is not responsible for transferring, safeguarding, or maintaining your private keys or any virtual currency associated therewith. You also acknowledge that Dexsport is not responsible for the fact that you lose, mishandle or have stolen associated virtual currency private keys and that you may not be able to recover the associated virtual currency.
By accessing and using the Interface, you represent that you understand:
We own all intellectual property and other rights in the Interface and its contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Interface or any of its contents. Accessing or using the Interface does not constitute a grant to you of any proprietary intellectual property or other rights in the Interface or its contents.
You will retain ownership of all intellectual property and other rights in any information and materials you submit through the Interface. However, by uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and send this data in any manner in accordance with applicable laws and regulations. You may send comments, bug reports, or any other feedback ("Feedback") and ideas to improve the Interface. By sending any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). If necessary under applicable law, then you hereby grant us a perpetual, irrevocable, non-exclusive, transferable, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. If you satisfy all of the eligibility requirements set forth in the Terms, and your access to and use of the Interface complies with the Terms, you hereby are granted a single, personal, limited license to access and use the Interface. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause in our sole discretion. Use of the Interface for any purpose not expressly permitted by the Terms is strictly prohibited. Unlike the Interface, the Protocol is comprised entirely of open-source software running on the public Ethereum blockchain and is not our proprietary property. The Protocol may also run on the other blockchains to which the same clause applies.
The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from:
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access to or use of the Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Interface, or from any access to or use of any information obtained by any unauthorized access to or use of the Interface. We assume no liability or responsibility for any:
You and Dexsport agree that any dispute arising out of or related to these Terms is personal to you and Dexsport and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Dexsport:
You and Dexsport agree that any dispute arising out of or related to these Terms is personal to you and Dexsport and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. Further, you and the Dexsport agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
For any dispute or claim that you have, you agree to first contact Dexsport and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Dexsport by email at [email protected]. You and Dexsport agree to notify each of you in writing within thirty (30) days of when it arises in order to attempt to resolve the Dispute informally. The Notice to Dexsport must include your name, postal address, and email address; a description of the nature or basis of the Dispute; and the specific action that you are seeking.
If you and the Dexsport cannot resolve the Dispute within thirty (30) days of the Dexsport receiving the notice, either you or Dexsport may, as appropriate pursuant to this Section 9, commence an arbitration proceeding. You and the Dexsport agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Dexsport agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
The interpretation and enforcement of these Terms are governed by and will be construed and enforced under the laws of the Seychelles, without regard to principles of conflict of laws, govern the Terms and any Dispute between you and us. Any dispute must be finally settled by Binding Arbitration in accordance with these Terms and Conditions. Any unresolved dispute arising out of or in connection with these Terms and Conditions shall be referred and considered and resolved by arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in London, United Kingdom, in English, in accordance with the LCIA Arbitration Rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, to the extent a court therein would be deemed to be a court of competent jurisdiction other than any court located in the United States of America. You further agree that the Interface shall be deemed to be based solely in the Seychelles and that, although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the Seychelles.
As limited by these Terms and applicable arbitration rules, the arbitrator will have the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct 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.
We may amend any part of these Terms at any time by posting an updated version of these Terms. The changes will become effective and shall be deemed accepted by you, the first time you use or access the Interface after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the Interface, including any transactions initiated after the posting date. If you do not agree with the updated version of the Terms, your sole and exclusive remedy is to terminate your use of the Interface. Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
Last modified 4 month ago
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