If you do not meet the eligibility requirements set forth in Section 8 of the Terms or are otherwise not in strict compliance with these Terms, you are expressly prohibited from using, accessing, or deriving any benefit from the Interface and you must not attempt to access or use the Interface. Use of a virtual private network (e.g., a VPN) or other means by ineligible persons to access or use the Interface is prohibited, and prohibited uses may attract legal liability for fraudulent use of the Interface.
Importantly, when you agree to these Terms by using or accessing the Interface, you agree to a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved.
From time to time and at any time, the Terms may be changed, amended, or revised without notice or consultation. If you do not agree to the revised Terms, then you should not continue to access or use the Interface.
- Class Action and Jury Trial Waiver
You agree to bring all disputes or claims connected to the Interface in your individual capacity and not as a plaintiff in or member of any class action, collective action, private attorney general action, or other representative proceeding. Further, you irrevocably waive the right to demand a trial by jury.
- Governing Law
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any Dispute, except to the extent governed by federal law.
- About the Interface
The Interface aggregates and publishes publicly available third-party information about the Protocol.
The Interface also offers interaction methods whereby the User can indicate a transaction that the User would like to perform in connection with the publicly available Pond0x Smart Contracts and the Mining Smart Contracts. The interaction methods include accessing the functionalities of the publicly deployed Pond0x Smart Contracts and the Mining Smart Contracts for Users to self-authorize token transfers and self-mining utility tokens. When used in this way, the interface can generate a draft transaction message which a User can independently use in conjunction with a third-party wallet application or device to conduct transactions on any of the relevant blockchains.
- About the Pond0x Smart Contracts and the Mining Smart Contracts
The Pond0x Smart Contracts and the Mining Smart Contracts are software source codes freely licensed to the public.
- Interface relationship to the Pond0x Smart Contracts and the Mining Smart Contracts
Using the relevant blockchain systems, third-party supplied wallets, devices, validator nodes or the Pond0x Smart Contracts and the Mining Smart Contracts does not require use of this Interface. Anyone with an internet connection can connect directly to the Pond0x Smart Contracts and the Mining Smart Contracts without accessing or using the Interface.
The Interface maintainers do not own, operate or control the blockchain systems, wallets or devices, validator nodes, or the Pond0x Smart Contracts and the Mining Smart Contracts.
The Interface aggregates and publishes publicly available information about the Pond0x Smart Contracts and the Mining Smart Contracts in a user-friendly and convenient format. Users may also access code repositories for the Pond0x Smart Contracts and the Mining Smart Contracts on platforms like Github.
By combining publicly available information with the User’s interactions with the Interface, the Interface can draft standard transaction messages compatible with the Pond0x Smart Contracts and the Mining Smart Contracts. Standard transaction messages are designed to accomplish the User’s operational goals as expressed through the interactions.
All draft transaction messages are delivered by the web Interface via an API to a compatible third-party wallet application or device selected by the User after pressing the “Connect Wallet” (or similar) button on the Interface.
The User must personally review and authorize all transaction messages that the User wishes to send to blockchain systems; this requires the User to sign the relevant transaction message with a private cryptographic key inaccessible to the Interface or the Interface maintainers, or Interface contributors. The use of such associated private cryptographic keys is beyond the control of the Interface, the Interface maintainers, or contributors.
The User-authorized message will then be broadcasted to blockchain systems through the wallet application or device and the User may pay a network fee to have the transaction message delivered through the Pond0x Smart Contracts and the Mining Smart Contracts and record the results on the appropriate blockchain—resulting in a token transaction being completed on that blockchain.
The Interface maintainers and the Interface are not agents or intermediaries of the User. The Interface or the Interface maintainers do not store, have access to or control over any tokens, private keys, passwords, accounts or other property of the User. The Interface or the Interface maintainers are not capable of performing transactions or sending transaction messages on behalf of the User. The Interface or the Interface maintainers do not hold and cannot purchase, sell or trade any tokens. All transactions relating to the Pond0x Smart Contracts and the Mining Smart Contracts are executed and recorded solely through the User’s interactions with the respective blockchains. The interactions are not under the control of or affiliated with the Interface maintainers or the Interface.
If you use the interface you represent and declare that you:
are of legal age in the jurisdiction in which you reside to use the Interface and the Pond0x Smart Contracts and the Mining Smart Contracts, and you have legal capacity to consent and agree to be bound by these Terms; have all technical knowledge necessary or advisable to understand and evaluate the risks of using the Interface and the Pond0x Smart Contracts and the Mining Smart Contracts; comply with all applicable laws, rules and regulations in your relevant jurisdiction and your use of the Interface is not prohibited by and does not otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity; are not a resident, citizen, national or agent of, or an entity organized, incorporated or doing business in, Belarus, Burundi, Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, Zimbabwe or any other country to which the United States, the United Kingdom, the European Union or any of its member states or the United Nations or any of its member states (collectively, the Major Jurisdictions) embargoes goods or imposes similar sanctions (such embargoed or sanctioned territories, collectively, the Restricted Territories); are not, and do not directly or indirectly own or control, and have not received any assets from any blockchain address that is listed on any sanctions list or equivalent maintained by any of the Major Jurisdictions (such sanctions-listed persons, collectively, Sanctions Lists Persons); and do not intend to transact in or with any Restricted Territories or Sanctions List Persons;
- Permitted Use
The Permitted Use of the Interface is exclusively to aid technologically sophisticated persons who wish to use the Interface for informational purposes only as an aid to their own research, due diligence, and decision-making. Before using any information from the Interface (including any draft transaction messages) to engage in transactions, each User must independently verify the accuracy of such information (and the consistency of such draft transaction messages with the User's intentions).
- Prohibited Uses
Each User must not, directly or indirectly, in connection with their use of the Interface:
- Additional User Declarations
Additionally, if you use the interface you consent to, represent, and declare that you agree:
that the only duties and obligations connected with the Interface owed to the User are set forth in these Terms; that the ability of the Interface to connect with third-party wallet applications or devices is not an endorsement or recommendation by or on behalf of the Interface maintainers, and you assume all responsibility for selecting and evaluating, and incurring the risks of any bugs, defects, malfunctions or interruptions of any third-party wallet applications or devices you directly or indirectly use in connection with the Interface; to not hold the Interface maintainers or any affiliates liable for any damages that you may suffer in connection with your use of the Interface or the Pond0x Smart Contracts and the Mining Smart Contracts that the information available on the Interface is not professional, legal, business, investment, or any other advice related to any financial product; to the fullest extent permitted by law, you acknowledge and agree that the Interface maintainers owe no fiduciary duties or liabilities to you or any other party; that to the extent, any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated; that you may suffer damages in connection with your use of the Interface or the Pond0x Smart Contracts and the Mining Smart Contracts and the Interface and Interface maintainers are not liable for such damages;
- No Warranty
The Interface is provided on an “AS IS” and “AS AVAILABLE” basis. You acknowledge and agree that your access and use of the Interface are at your own risk. There is no representation or warranty that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current, or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement made in connection with the Interface should be treated as creating any warranty concerning the Interface. There is no endorsement, guarantee, or assumption of responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
Further, there is no representations or warranty, from anyone, as to the quality, origin, or ownership of any content found on or available through the Interface and there shall be no liability for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content attributable to any contributor to the Interface, including maintainers, and they shall not be liable for any losses, injuries, or damages from the use, inability to use, or the display of the content of the Interface.
The Interface may directly or indirectly collect and temporarily store personally identifiable information for operational purposes, including for the purpose of identifying blockchain addresses or IP addresses that may indicate the use of the Interface from prohibited jurisdictions or by sanctioned persons or other Prohibited Uses. Except as required by applicable law, the Interface maintainers will have no obligation of confidentiality with respect to any information collected by the Interface.
The Users declare that they have conducted their own thorough independent investigation and analysis of the Pond0x Smart Contracts and the Mining Smart Contracts and the other matters contemplated by these Terms, and have not relied upon any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of Interface maintainers in connection therewith, except as expressly set forth in these Terms.
- Risks, Disclaimers, and Limitations of Liability
Each User hereby acknowledges and agrees, and consents to, and assumes the risks of, the matters described in Section 13 of the Terms.
13.1 Fork Handling
Interface maintainers cannot anticipate, control or influence the occurrence or outcome of forks, and do not assume any risk, liability or obligation in connection therewith.
13.2 Essential Third-Party Software Dependencies
Interacting with the Pond0x Smart Contracts and the Mining Smart Contracts does not require the use of the Interface, but the Interface is only a convenient and user-friendly option of reading and displaying data from the Pond0x Smart Contracts and the Mining Smart Contracts and generating standard draft transaction messages compatible with the Pond0x Smart Contracts and the Mining Smart Contracts. The User may choose to interact with the Pond0x Smart Contracts and the Mining Smart Contracts using softwares other than the Interface. As the Interface does not provide wallet software applications or nodes for blockchain systems, such software constitutes an essential third-party software and user dependency without which the Pond0x Smart Contracts and the Mining Smart Contracts cannot be used and tokens cannot be traded or used. Furthermore, the Interface may use APIs and servers of Interface maintainers or third parties and there are no guarantees as to the continued operation, maintenance, availability, or security of any of the foregoing dependencies.
13.3 Tax Issues
The tax consequences of purchasing, selling, holding, transferring, or locking tokens or otherwise utilizing the Pond0x Smart Contracts and the Mining Smart Contracts are uncertain and may vary by jurisdiction. Interface Maintainers have undertaken no due diligence or investigation into such tax consequences, and assume no obligation or liability to optimize, facilitate or bear the tax consequences to any person.
13.4 Legal Limitations on Disclaimers
Some jurisdictions do not allow the exclusion of certain warranties, or the limitation or exclusion of certain liabilities, and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent as permitted by applicable law.
Each User shall defend, indemnify, compensate, reimburse and hold harmless the Interface maintainers from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) User's use of, or conduct in connection with, the Interface; (b) User's violation of these Terms or any other applicable policy or contract of Interface maintainers; or (c) User's violation of any rights of any other person or entity.
- Entire Representation, Consent and Agreement