TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
I. ACCEPTANCE OF THE TERMS OF SERVICE
These terms of service are an agreement between you and Nexpace Limited ("Nexpace," "we," or "us") which, together with any documents expressly incorporated herein by reference (collectively, these "Terms of Service"), govern the access to and use of any content, functionality, features, and services offered on or through ENTER WEBSITE, a website published by Nexpace (the "Website").
By accessing and using the Website, you are representing and warranting that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service and to abide by and comply with these Terms of Service.
Please review these Terms of Service carefully before using the Website as they set forth a legally binding agreement between you and Nexpace. Nexpace has no continuing obligation to operate the Website and may change these Terms of Service or modify, suspend, or terminate any features of the Website at any time in its sole discretion with no liability whatsoever in connection thereto. Any changes to these Terms of Service are effective immediately when we post them on the Website. By continuing to use the Website, you would be deemed to have accepted such changes to these Terms of Service.
II. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The Website and any content, functionality, features, and services offered on or through the Website (including but not limited to all information, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software) are the proprietary property of Nexpace and/or its affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests protected pursuant to international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nexpace and its affiliates, as applicable, reserve all of their rights in connection with the Website.
III. CODE OF CONDUCT
You will not use the Website in any manner which Nexpace determines in its sole discretion is unlawful or could damage, disable, overburden, or impair the Website or interfere with Nexpace's or any others' use and enjoyment of the Website. Without limiting the generality of the foregoing, the following conducts are prohibited, subject to applicable law:
- Using any hacks, cracks, Bots, or third party software that may modify, temporarily or permanently, the code or the user experience of the Website, whether locally on your device or on servers.
- Reverse engineering, deriving source code, modifying, decompiling, disassembling the Website or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Website.
- Impersonating any person or entity or otherwise misrepresenting your affiliation, identity, or the origin of materials you transmit, or misrepresenting that your statements or actions are endorsed by Nexpace.
- Using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproducing or circumventing the navigational structure or presentation of the Website, or any content contained therein.
- Removing, altering, or concealing any copyright, trademark, patent or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) used on the Website.
- Taking any action that imposes an unreasonable or disproportionately large load on Nexpace's network or infrastructure.
- Intercepting, emulating, or redirecting the communication protocols used by Nexpace or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Website, or in any way utilizing a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access to or use of the Website.
- Using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Website or Nexpace's systems or networks, including by engaging in, instigating, or facilitating any denial-of-service attack or similar conduct, or attempting to probe, scan, test the vulnerability of, or breach the security of any system or network.
- Distributing unauthorized materials or advertising or promoting goods or services without our permission (including, without limitation, by sending spam, promotional materials, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation).
- Engaging in conduct that is harmful, harassing, defamatory, vulgar, obscene, hateful, threatening, abusive, inflammatory, intimidating, discriminatory, violent or encouraging of violence (including self-harm), sexually explicit, or otherwise objectionable in Nexpace's sole discretion.
- Publishing, or sharing in any way, the personal information of other users, or any material, non-public information about companies without the authorization to do so.
- Engaging in any other conduct that, in Nexpace's sole judgment, exposes us, any of our users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security or attempts to disrupt or undermine the operation of the Website may result in civil or criminal liability. Nexpace and/or its affiliates may investigate and cooperate with law enforcement authorities to prosecute users who violate these Terms of Service. To the maximum extent permitted by relevant laws and regulations and as may be required under relevant laws and regulations, Nexpace and/or its affiliates may provide user personal information and transaction information to governmental authorities upon request therefrom.
NEXPACE MAY WITHHOLD, SUSPEND, MODIFY, OR TERMINATE YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON AT ANY TIME WITHOUT NOTICE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
IV. LINKS TO THIRD PARTY WEBSITES, SERVICES, AND CONTENT
If the Website contains links to other sites, services, and/or contents provided by third parties, these links are provided for your convenience only. Nexpace does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third party sites, services and/or contents Use of any third party sites, services, and/or contents is at your own risk and is subject to the relevant third party's terms and conditions. We reserve the right to withdraw linking permission without notice, and under no circumstances will Nexpace be responsible or liable in connection with your reliance on or use of third party sites, services or contents
V. LINKING TO THE WEBSITE
You may establish a link to our Website, provided you do so in a fair and legal manner without damaging Nexpace's reputation or taking advantage of it; provided, however, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
VI. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
No Liability; Monetary Cap. YOU SPECIFICALLY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEXPACE, OUR AFFILIATES, REPRESENTATIVES, MANAGERS, PARTNERS, SHAREHOLDERS, JOINT VENTURERS, THIRD PARTY CONTRACTORS, EMPLOYEES, LICENSEES, LICENSORS, ADVERTISERS, ADVISORS, OR AGENTS (THE "NEXPACE PARTIES") WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE THE WEBSITE, ANY INTERRUPTION IN AVAILABILITY OR TERMINATION OF THE WEBSITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE OR ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES, ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, COMPUTER VIRUSES, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE WEBSITE OR THE DATA COLLECTED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NEXPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Information and Usage Data Provided and Disclosed through the Website. The information presented on or through the Website will be for general information purposes only and does not constitute an offer from Nexpace to sell, a solicitation of an offer to buy, or a recommendation to purchase any token, non-fungible tokens ("NFT"), fungible tokens ("FT"), or any financial instrument. We do not warrant the accuracy, completeness or usefulness of this information. Although we make all efforts to obtain the most accurate and up-to-date information, Nexpace makes no representations or warranties of any kind, either express or implied, including to the completeness, accuracy, reliability, suitability, or availability of the information provided by the Website or other means. Any reliance placed on such information is therefore at your own risk. You acknowledge and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted or later acquired by unauthorized parties.
Content Provided by Third Parties. The Website may include content provided by third parties, including materials provided by other users, third-party licensors and service providers, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by Nexpace, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nexpace. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Purchase or Sale of Digital Assets. ANY PURCHASE OR SALE YOU MAKE, ACCEPT, OR FACILITATE WITH RESPECT TO ANY DIGITAL ITEMS, CHARACTERS, TOKENS USED IN SERVICES OPERATED BY NEXPACE, NFTS, FTS OR OTHER DIGITAL REPRESENTATION WHICH CAN BE MINTED INTO OR EXCHANGED INTO OTHER DIGITAL ASSETS ("DIGITAL ASSET") WILL BE ENTIRELY AT YOUR OWN RISK. THE NEXPACE PARTIES DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF ANY DIGITAL ASSETS INCLUDING FTS OR NFTS AND EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING OR FACILITATING TRANSACTION.
Security Risks. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE NEXPACE PARTIES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO GROSS NEGLIGENCE.
Loss due to Use of Blockchain Network. THE NEXPACE PARTIES ARE NOT RESPONSIBLE FOR LOSSES RESULTING FROM THE USE OF BLOCKCHAIN OR OTHER FEATURES OF THE BLOCKCHAIN NETWORK OR THE WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS AND REPRESENTATIVES (OR LACK OF ANY REPORT) OF ANY ISSUES WITHIN THE BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND LOSSES.
Digital Assets. DIGITAL ASSETS ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ALL SMART CONTRACTS RUN ON A DECENTRALIZED LEDGER ON THE BLOCKCHAIN NETWORK. THE NEXPACE PARTIES (I) HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS AND (II) MAKE NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL, OR OTHERWISE DEAL IN ANY DIGITAL ASSET.
Third Party Services. THE NEXPACE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY INVOLVEMENT OF THE THIRD PARTY SERVICE PROVIDERS IN CONNECTION WITH OPERATION OF THE WEBSITE CONSTITUTES NEXPACE PARTIES' ENDORSEMENT, RECOMMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES.
Volatility in Value. THE PRICES OF DIGITAL ASSETS ARE EXTREMELY VOLATILE, SUBJECTIVE AND HAVE NO INHERENT OR INTRINSIC VALUE. FLUCTUATIONS IN THE PRICE OF DIGITAL ASSETS COULD MATERIALLY AND ADVERSELY AFFECT THE VALUE OF YOUR DIGITAL ASSETS, WHICH MAY ALSO BE SUBJECT TO SIGNIFICANT PRICE VOLATILITY. NEXPACE PARTIES DO NOT GUARANTEE THAT ANY DIGITAL ASSET YOU HOLD OR PURCHASED WILL RETAIN THEIR ORIGINAL VALUE, AS THE VALUE OF SUCH DIGITAL ASSETS IS INHERENTLY SUBJECTIVE AND FACTORS OCCURING OUTSIDE OF THE WEBSITE MAY MATERIALLY IMPACT THE VALUE AND DESIREABILITY OF ANY DIGITAL ASSET YOU HOLD OR PURCHASE.
Regulatory Uncertainty. THE REGULATORY REGIME GOVERNING BLOCKCHAIN TECHNOLOGIES, DIGITAL ASSETS REMAINS UNCERTAIN, AND NEW REGULATIONS OR POLICIES MAY HAVE MATERIAL ADVERSE EFFECT ON THE DEVELOPMENT OF THE WEBSITE, AND POTENTIAL UTILITY OR VALUE OF ANY DIGITAL ASSET YOU HOLD IN RELATION THERETO.
Software Risks. UPGRADES OR UPDATES TO THE WEBSITE, A HARD FORK IN THE BLOCKCHAIN NETWORK, OR A CHANGE IN HOW TRANSACTIONS ARE CONFIRMED MAY HAVE UNINTENDED, ADVERSE EFFECTS ON SOME OR ALL OF DIGITAL ASSETS YOU HOLD.
VII. INDEMINIFICATION
You hereby agree to defend, indemnify and hold harmless Nexpace Parties from and against any and all claims, actions, proceedings, liabilities, damages, fines, penalties, and other losses and expenses (including reasonable attorneys' fees) related to or associated with your use of the Website, any alleged infringement or misappropriation of any intellectual property rights by you, and any alleged violation by you of these Terms of Service. Nexpace reserves the right to assume the exclusive defense and control of any matter for which Nexpace is entitled to indemnification under this Article without limiting your indemnification obligations with respect to that matter. In such event, you shall provide Nexpace with such cooperation as Nexpace reasonably requests. You may not enter into any settlement or compromise of any such claim without Nexpace's written approval, which shall not be unreasonably withheld or delayed.
VIII. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Abu Dhabi Global Markets, and the United Arab Emirates, as applicable in the Abu Dhabi Global Market applicable to contracts made and performed in the Abu Dhabi Global Markets, irrespective of its conflicts of law principles.
IX. JURISDICTION
Any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Abu Dhabi Global Market Courts.
X. CONTACT
If you have questions about these Terms of Service, please contact us at terms_policy@nexpace.io.
