08 May 2024 15:02:24 UTC
Please read these terms carefully. Use of the Site acknowledges that you have read and accepted the terms and conditions.
Welcome to Andromeda Protocol. By accessing or using the Andromeda Protocol (the “Website”) or using the services provided by Andromeda Protocol (“Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with any part of these Terms, you must not use our Website or Services.
Welcome to Andromeda Protocol, a blockchain network maintained by a decentralized team of developers that is deployed in the Cosmos blockchain ecosystem (“Andromeda”, “we”, “us”, or “our”). A decentralized team of developers developed the initial code for Andromeda, however, the developers do not own or control Andromeda Protocol, which is run by a decentralized validator set. These Terms govern your access to and use of the Website(s) and our application programming interface (“APIs”), and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and use the tools, at your own discretion, to connect directly with others to purchase, sell, or transfer tokens on public blockchains (collectively, the “Services”). “Andromeda Tokens” (“ANDR”) in these Terms means a utility or governance token or similar digital item implemented on a blockchain (such as the Andromeda, Juno, Terra, Axelar, Secret or Cosmos blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data. For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 15 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. BY CLICKING TO ACCEPT OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. Andromeda Protocol is not a wallet provider, exchange, broker, financial institution, or creditor. Andromeda provides a peer-to-peer web3 service that helps users discover and directly interact with each other and tokens available on public blockchains. Andromeda provides developers and creators the tools and utilities to build or create Applications, Andromeda Digital Objects, and other smart contracts for their own use, to sell in the Andromeda App Store, or for use in projects or applications they create for their users. We do not have custody or control over the tokens or blockchains you are interacting with, and we do not execute or effectuate purchases, transfers, or sales of tokens. To use our Service, you must use a third-party wallet that allows you to engage in transactions on blockchains. Andromeda Protocol is not a party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of smart contracts that you engage with or tokens that you acquire from third parties and we make no claims about the identity, legitimacy, functionality, or authenticity of users, smart contracts, or tokens (and any content associated with such) visible on the Service. Because we have a growing number of services and features, we sometimes need to provide additional terms for specific services or specific features (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service. Andromeda reserves the right to change or modify these Terms at any time and at our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
Your blockchain address functions as your identity on Andromeda Protocol. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the service (“Account”) will be associated with your blockchain address. Your Account on Andromeda Protocol will be associated with your linked blockchain address and display the tokens for that blockchain address (and, if applicable, any content associated with such tokens). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Andromeda Protocol, and Andromeda Protocol does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Andromeda Protocol accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet, and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account to [email protected] or via the Telegram or Discord channels. You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory, or jurisdiction does not violate any applicable laws. Andromeda Protocol may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Andromeda Protocol, in its sole discretion, may block your ability to access the Service until such additional information and documents are processed by Andromeda Protocol. If you do not provide complete and accurate information in response to such a request, Andromeda Protocol may refuse to restore your access to the Service. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Andromeda Protocol, in its sole discretion, may elect to take. We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Andromeda Protocol through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information, and other materials, and all content and other materials contained therein, including, without limitation, the Andromeda Protocol brands, logo, and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of our affiliates, licensors, partners or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works. Andromeda Protocol’s name, logo, trademarks, and any Andromeda Protocol product or service names, designs, logos, and slogans are the intellectual property of Andromeda Protocol or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without following the terms of the Andromeda Public Infrastructure License. You may not use any metatags or other “hidden text” utilizing “Andromeda Protocol” or any other name, trademark, or product or service name of Andromeda Protocol or our affiliates or licensors without following the terms of the Andromeda Public Infrastructure License. In addition, the “look and feel” of the Service constitutes the service mark, trademark, or trade dress of Andromeda Protocol and may not be copied, imitated or used, in whole or in part, without following the terms of the Andromeda Public Infrastructure License. All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any tokens displayed on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Andromeda Protocol.
To Access and Use Our Service and Content You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service provided, however, such license is subject to your compliance with these Terms and the terms of the Andromeda Public Infrastructure License.
As a peer-to-peer web3 service, Andromeda Protocol helps you rapidly build applications and deploy smart contracts across the Cosmos ecosystem and interact with different blockchains in the Cosmos ecosystem. Andromeda Protocol or its affiliates do not make any representations or warranties about this third-party content visible through our Service, including any content associated with tokens displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of tokens that you acquire from third-parties. We also cannot guarantee that any tokens visible on Andromeda Protocol will always remain visible or available to be bought, sold, or transferred. The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Andromeda Protocol, and may be “open” applications for which no recourse is possible. Andromeda Protocol and its affiliates are not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Andromeda Protocol provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
To protect the Andromeda community and comply with our legal obligations, we reserve the right to act, with or without advance notice, if we believe you have violated these Terms and the terms of the Andromeda Public Infrastructure License. This may include removing your access to the Service; disabling your ability to access our Service; or other actions. You agree that you will not violate any law, contract, intellectual property, or other third-party right, and that you are solely responsible for your conduct and content while accessing or using the Service. You also agree that you will not:
- Use or attempt to use another user’s Account without authorization from such user;
- Pose as another person or entity;
- Claim an Andromeda Protocol username for the purpose of reselling it or otherwise engage in name squatting; Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
- Distribute spam;
- Use the Service in any manner – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service;
- Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Andromeda Protocol;
- Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
- Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
- Sell or resell the Service or attempt to circumvent any Andromeda Protocol fee systems;
- Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that Andromeda Protocol might use to sort search results;
- Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
- Use the Service for money laundering, terrorist financing, or other illicit finance;
- Use the Service from a country sanctioned by your own government or the government of the United States or to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries;
- Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
- Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
- Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, or any other illegally obtained items;
- Infringe or violate the intellectual property rights or any other rights of others; Create or display illegal or harmful content, such as content that may involve child sexual exploitation; Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual;
- Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service; or
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
We might allow users to post not safe for work (“NSFW”) content, but that content and other associated material is subject to being marked NSFW and may be handled differently than non-NSFW content in navigation menus and search results.
You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above. By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Andromeda Protocol’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. Andromeda Protocol does not claim that submitting, posting, or displaying this content on or through the Service gives Andromeda Protocol any ownership of the content. We are not implying any ownership rights on this content, but we may use it for marketing/promotional purposes. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Andromeda Protocol the license described above, and that the content does not violate any laws. Andromeda Protocol will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please submit written notice to [email protected]. For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. Your notice must include:
- Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
- Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., URLs) on the Service of the material claimed to be infringing, so that we may locate the material;
- Your contact information – at a minimum, your full legal name (not pseudonym) and email address; A declaration that contains all of the following:
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement that the information in the notice is accurate; and
- A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
- Your physical or electronic signature (of your full legal name).
Please note that we will attempt to forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Andromeda Protocol and can also contact you to resolve any dispute.
By creating an Account and connecting to Andromeda Protocol, you consent to receive electronic communications from Andromeda Protocol (e.g., via email, push notification, text messages, or other types of messages).
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Andromeda Protocol, Andromeda Labs, and any affiliates, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, lawyers, accountants, insurers, and assigns (individually and collectively, the “Andromeda Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service or its content, (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or willful misconduct. You agree to promptly notify Andromeda of any Claims and cooperate with the Andromeda Parties in defending such Claims. You further agree that the Andromeda Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ANDROMEDA PROTOCOL.
THERE IS NO WARRANTY FOR THE PROTOCOL. ANDROMEDA PROVIDES THE PROTOCOL AND SOFTWARE “AS IS” “ WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. EXCEPT FOR EXPRESS WARRANTIES SET FORTH HEREIN, ANDROMEDA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND COMPLIANCE WITH LAW. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROTOCOL IS WITH YOU. SHOULD THE PROTOCOL PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
You accept and acknowledge: The value of digital assets including tokens is subjective. Prices of tokens are subject to extreme volatility and fluctuations in price. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money using the Service or purchasing any digital assets including tokens or non-fungible tokens. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications and could therefore also negatively impact the potential utility of tokens. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of tokens. You are solely responsible for determining and paying any and all taxes related to your use of the Services or your transactions with Andromeda Protocol. There are risks associated with digital assets furnished by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to buy, sell, obtain, transfer, or otherwise interact with the Service. We do not control the public blockchains that you are interacting with, and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Andromeda Protocol has no ability to reverse any transactions on the blockchain. There are risks associated with using Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Andromeda Protocol, Andromeda Labs, and any affiliates will not be responsible for any issues, communication failures, disruptions, errors, losses, distortions or delays you may experience when using the Service or any Blockchain network, however caused. The Service might rely on third-party platforms, developers, or vendors. If we are unable to maintain a good relationship with such platform providers, developers, or vendors; if the terms and conditions or pricing of such third parties change; if we violate or cannot comply with the terms and conditions of such third parties; or if any of such third parties loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer. Under no circumstances shall the inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Andromeda Protocol. If you have a dispute with one or more users, YOU RELEASE ANDROMEDA PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL ANDROMEDA PARTIES OR ITS SERVICE PROVIDERS (I.E. HOSTING SERVICES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ANDROMEDA PARTIES OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ANDROMEDA PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, OR ANY ANDROMEDA PROTOCOL PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED FROM YOU FOR ITS USE OF THE SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
When you use the Service, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and token identifiers. We do not collect any personal information from you. We do, however, use third-party services, which may receive your publicly available personal information. We do not take responsibility for any information you make public on the Service, the Cosmos blockchain, or any other blockchain by taking actions through the Andromeda Protocol interface.
You agree that Andromeda Protocol reserves the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result. You agree that such circumstances do not give rise to a breach of this Agreement. You agree that to the extent, if any, such circumstances present a claim against Andromeda Protocol, any such claim is outside the limited scope of liability set forth in this Agreement.
Mandatory Binding Arbitration. All claims, disputes and controversies directly or indirectly arising out of or in connection with or directly or indirectly relating to these Terms or any of the matters or transactions contemplated by these Terms (for the avoidance of doubt, including any claim seeking to invalidate, or alleging that, all or any part of these Terms is unenforceable, void or voidable) (such claims, disputes and controversies, collectively, “Disputes”) shall be resolved by confidential, binding arbitration. The Dispute shall be submitted to the British Virgin Islands International Arbitration Centre (BVIIAC)(the “Rules”) for binding arbitration by a panel of three (3) arbitrators in accordance with the 2021 BVIIAC Arbitration Rules. The arbitration shall take place in the British Virgin Islands, and the language of the arbitration shall be English. The decision of the arbitration panel shall be final and binding on the parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The award or decision of the arbitrator shall be final and binding upon the parties and the parties expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator. The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary. If the Company elects to have a Dispute resolved by arbitration pursuant to this provision, no party hereto shall (or shall permit its representatives to) commence, continue or pursue any Dispute in any court; provided, however, that the Company shall be entitled to obtain an injunction or injunctions to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which the Company is entitled at law or in equity, and the parties hereto hereby waive the requirement of any posting of a bond in connection with such injunctive relief or specific performance.
WAIVER OF JURY TRIAL. The parties hereby acknowledge, represent and warrant that they understand that: (i) there is no judge or jury in arbitration, and, absent this mandatory provision, the parties would have the right to sue in court and have a jury trial concerning Disputes; (ii) in some instances, the costs of arbitration could exceed the costs of litigation; (iii) the right to discovery may be more limited in arbitration than in court; and (iv) court review of an arbitration award is limited. Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any action, suit or other legal proceeding arising out of or related to these Terms or the transactions contemplated hereby
Confidentiality of Arbitration. Except to the extent necessary to enforce their respective rights under these Terms or as otherwise required by applicable law, the parties undertake to maintain confidentiality as to the existence and events of the arbitration proceedings and as to all submissions, correspondence and evidence relating to the arbitration proceedings. This provision shall survive the termination of the arbitral proceedings.
Court Jurisdiction. To the extent that any court is required to weigh on the enforceability of this Section 15, to enforce any judgment of the arbitrator, then, without limiting Section 15 or any other provision of this Agreement, the User (A) hereby irrevocably and unconditionally submit to the jurisdiction of the courts of the British Virgin Islands for such purpose; (B) agrees not to commence any suit, action or other proceeding arising in connection with or based upon this instrument or the matters contemplated by this instrument except before the courts of the British Virgin Islands, and (C) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this instrument or the subject matter hereof or thereof may not be enforced in or by such court.
Class Action Waiver. All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis. USERS SHALL BRING CLAIMS AGAINST SITE OPERATOR ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Agreements if Class Action Waiver is Unenforceable. If any court or arbitrator makes a final, binding and non-appealable determination that the class action waiver set forth in this Section 15 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void with respect to any Dispute that would thus be required to be resolved by arbitration on a class basis, and the parties shall be deemed to have not agreed to arbitrate such Dispute. In the event that, as a result of the application of the immediately preceding sentence or otherwise, any Dispute is not subject to arbitration, the parties hereby agree to submit to the personal and exclusive jurisdiction of and venue in the British Virgin Islands and to accept service of process by mail or if mail is not feasible you agree to accept service by electronic means, including email or an airdrop to your wallet address, with respect to such Dispute, and hereby waive any and all jurisdictional and venue defenses otherwise available with respect to such Dispute.
Except as otherwise expressly stated herein, these Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands (without regard to conflict of law rules, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). For any dispute between the parties that is not subject to arbitration as set forth in Section 15, each party hereby submits to the exclusive jurisdiction of the Courts of the British Virgin Islands and agrees that any such action, suit, proceeding, or dispute shall be brought only in such courts.
If you breach any of the provisions of these Terms, all licenses granted by Andromeda Protocol will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, or terminate your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to Andromeda Protocol for which monetary damages would not be an adequate remedy and Andromeda Protocol shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
You agree that you will not export or re-export, directly or indirectly, the Service, or other information or materials provided by Andromeda Protocol hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. But without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations. You also agree to comply with the export laws and regulations of Your country if the laws are more strict than those of the United States or if the United States export laws and regulations do not apply to You.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect after and notwithstanding any termination of these Terms by Andromeda Parties or you. Termination will not limit any of Andromeda Parties’ other rights or remedies at law or in equity.
- Entire Agreement. These Terms constitute the entire agreement of the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
- Amendments and Modifications. These Terms may only be amended, modified, altered or supplemented by or with the written consent of Site Operator. Site Operator reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms from time to time. The most current version of these Terms will be posted on the Site. Any changes or modifications will be effective immediately upon the modified Agreement being posted to the Site. A User shall be responsible for reviewing and becoming familiar with any such modifications. Each User hereby waives any right such User may have to receive specific notice of such changes or modifications. Use of the Site by a User after any modification of these Terms constitutes the User’s acceptance of the modified terms and conditions. If a User does not agree to any such modifications, the User must immediately stop using the Site.
- Force Majeure. Site Operator shall not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the Cosmos network or blockchain or chains within the Cosmos network or Andromeda Smart Contract System or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables Site Operator to provide the Site), it being understood that Site Operator shall use commercially reasonable efforts, consistent with accepted practices in the industries in which Site Operator operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.
- Successors and Assigns. These Terms shall inure to the benefit of Site Operator, the Users, and their respective permitted successors, permitted assigns, permitted transferees and permitted delegates and shall be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation or liability under these Terms by operation of law or otherwise. A User shall not assign any of a User rights or delegate any of a User liabilities or obligations under these Terms to any other person without Site Operator’s advance written consent. Site Operator may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.
- No Implied Waiver. No failure or delay on the part of Site Operator in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Site Operator shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Site Operator, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
- Headings. The section headings used herein are for reference only and shall not be read to have any legal effect.
- Operations. Those who choose to access the Service from locations outside the British Virgin Islands do so at their own initiative and are responsible for compliance with applicable laws and regulations.
- No Third Party Beneficiary. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
- Rules of Interpretation.
- “hereof,” “herein,” “hereunder,” “hereby” and words of similar import will, unless otherwise stated, be construed to refer to these Terms as a whole and not to any particular provision of these Terms;
- “include(s)” and “including” shall be construed to be followed by the words “without limitation”;
- “or” shall be construed to be the “inclusive or” rather than “exclusive or” unless the context requires otherwise;
- any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of these Terms;
- section titles, captions and headings are for convenience of reference only and have no legal or contractual effect.;
- whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders; and
- except as otherwise indicated, all references in these Terms to “Sections,” “clauses,” etc., are intended to refer to Sections of Sections, clauses, etc. of these Terms.
The Andromeda Protocol is a decentralized peer-to-peer blockchain that people can use to stake IBC-enabled governance tokens called ANDR. The Andromeda Protocol is made up of free, public, and open-source software. Your use of the Andromeda Protocol involves various risks, including but not limited to losses incurred while ANDR tokens are being staked on third-party validators, and supplied to decentralized exchanges and liquidity pools, as well as losses due to the fluctuation of prices of ANDR or other tokens in a trading pair or liquidity pool, including impermanent loss. Before claiming any rewards ANDR tokens or staking any ANDR tokens through the Andromeda Protocol website or otherwise you should do your own due diligence to make sure you understand how the Andromeda Protocol works. Additionally, you can access the Andromeda network and Service through several web or mobile interfaces which the Andromeda core team does not control. Andromeda Protocol will not accept any responsibility for any loss of ANDR tokens or while using these interfaces. You are responsible for doing your own due diligence on those interfaces to understand the fees and the risks they present. USE OF ANDROMEDA PROTOCOL IS PROVIDED “AS IS”, AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. Although affiliated entities developed the initial code for Andromeda Protocol, it does not own or control Andromeda Protocol, which is run by a decentralized validator set. Upgrades and modifications to the protocol are managed through community-driven voting by holders of the Andromeda Protocol governance token. No developer or entity involved in creating the Andromeda Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of the Andromeda Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.