Term of Use
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Welcome to (the "Website"). These Terms of Use (the "Terms") govern your use of our Website, services, products, and applications, collectively referred to as the "Services." By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any other policies or terms referenced herein (collectively, the "Agreement").
BY ACCESSING OR USING OUR SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH US THAT INCLUDES THESE TERMS, PRIVACY POLICY, AND OTHER POLICIES REFERENCED HEREIN (COLLECTIVELY, THE "AGREEMENT").
To the extent that there is a conflict between these Terms and any applicable additional terms, these Terms will control unless expressly stated otherwise. If you don't agree with these Terms, you may not use the Services and should not visit the Site or otherwise engage with the Services.
To use the Services, you must legally be able to enter into the Agreement. By using the Services, you represent and warrant that you meet the eligibility requirement. If you do not meet the requirement, you must not access or use the Site or the Services.
We may change or update the Services, the Agreement, and any part of the Terms at any time, for any reason, at our sole discretion. Once any part of the Agreement is updated and in effect, you will be bound by the Terms if you continue to use the Services. We may, at any time, and without liability to you, modify or discontinue all or part of the Services (including access to the Services via any third-party links). It is your responsibility to review these Terms periodically to ensure compliance.
All information provided in connection with your access and use of the Services is intended for informational purposes only. While we strive to provide accurate and reliable information, we cannot guarantee the accuracy, completeness, or timeliness of the information provided. You should not take, or refrain from taking, any action based on any information contained on CIAN.app or any other information that we make available at any time.
It is important to understand that we do not have any individual possession, custody, or control rights over any crypto assets or any user’s funds. Each transaction requires joint signatures from multiple parties. You acknowledge that when interacting with the CIAN protocol, you retain full control over your crypto assets at all times.
To interact with the CIAN Protocol, you will need to connect and engage with it through your self-custodial wallet. Your self-custodial wallet is provided by a third-party entity and is governed by separate terms and conditions set by the respective third-party service provider. Reviewing and comprehending the terms associated with your chosen wallet provider is your sole responsibility.
Transactions using blockchains may require the payment of gas fees, which are network transaction fees paid on every transaction that occurs on the selected blockchain network. Please note that gas fees are non-refundable. We do not receive any fees for any transactions or the Services.
Technologies such as smart contracts on various blockchains, cryptographic tokens, and other nascent software that interact with blockchain-based networks are experimental, speculative, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain could disrupt these technologies and even result in a total loss of cryptoassets or their market value. We assume no liability or responsibility for any such risks.
We are not responsible for the content or services of any third-party, including, without limitation, any network or apps like MetaMask or other wallets, and we make no representations regarding the content or accuracy of any third-party services or materials.
You acknowledge and agree that all transactions accessed through the blockchain-based networks will be automatically processed using one or more smart contracts. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions.
You understand and agree that you are solely responsible for maintaining the security of your self-custodial wallet. We do not have access to your private keys. Any unauthorized access to your self-custodial wallet by third parties could result in the loss or theft of any cryptoasset or funds.
You agree that we have the right to restrict your access to the Services if we suspect, in our sole discretion, that you are using the Services for money laundering or illegal activity, have engaged in fraudulent activity, are the target of any sanctions, or have otherwise acted in violation of these Terms.
The Services may be inaccessible or inoperable for any reason, including equipment malfunctions, periodic maintenance, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers.
Users bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services and/or payable as a result of using and/or exploiting any cryptoassets and interacting with smart contracts. Blockchain-based transactions are novel, and their tax treatment is uncertain.
Contingent upon your ongoing compliance with the Agreement, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the software provided to you as part of our Services.
We own any and all right, title, and interest in and to the Services, including, without limitation, any and all copyrights in and to any content, code, data, or other materials that you may access or use on or through the Services. Except as expressly set forth herein, your use of or access to the Services does not grant you any ownership or other rights therein.
Any comments, bug reports, ideas, or other feedback that you may provide about our Services are entirely voluntary. You agree that we are free to use or not use any feedback that we receive from you as we see fit, including copying and sharing such feedback with third parties, without any obligation to you.
You may only use the Services if you comply with this Agreement, applicable third-party policies, and all applicable laws. The following conduct is prohibited:
Using the Services for, or to promote or facilitate, illegal activity (including money laundering, financing terrorism, tax evasion)
Exploiting the Services for any unauthorized commercial purpose
Uploading or transmitting viruses, malware, or any other type of malicious code
Attempting to or actually copying or reverse engineering any part of the Services
Harvesting or collecting information from the Services for any unauthorized purpose
Using the Services under false or fraudulent pretenses
Interfering with other users' access to or use of the Services
Interfering with or circumventing security features
Engaging in any attack, hack, or exploit of any smart contract
Engaging in anticompetitive behavior or other misconduct
You agree that if you use the Services to engage in prohibited conduct, we reserve the right to restrict or revoke your access to the Services. We reserve the right to amend, rectify, edit, or otherwise alter transaction data to remediate or mitigate any damage caused.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "CIAN INDEMNIFIED PARTIES") MAKE NO GUARANTEES OF ANY KIND IN CONNECTION WITH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CIAN INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE SERVICES BEING ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY CIAN INDEMNIFIED PARTY BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH:
THE SERVICES OR YOUR INABILITY TO USE OR ACCESS THE SERVICES
MISUSE OF THE SERVICES
ANY USER CONDUCT ON THE SERVICES
TERMINATION, SUSPENSION OR RESTRICTION OF ACCESS TO ANY THE SERVICES
IN ADDITION, NO CIAN INDEMNIFIED PARTY SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY:
USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUCTED TRANSACTIONS
SERVER FAILURE OR DATA LOSS
THE MALFUNCTION OF THE BLOCKCHAIN, ANY COMPUTER OR CRYPTOASSET NETWORK
ANY CHANGE IN VALUE OF ANY CRYPTOASSET
ANY CHANGE IN LAW, REGULATION, OR POLICY
EVENTS OF FORCE MAJEURE
ANY THIRD PARTY
IN NO EVENT WILL THE CIAN INDEMNIFIED PARTIES' CUMULATIVE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00).
You agree to indemnify, defend, and hold harmless the CIAN Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
Your breach or alleged breach of the Agreement
Anything you contribute to the Services
Your misuse of the Services, or any smart contract and/or script related thereto
Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders
Your violation of the rights of any third party
Your use of a third-party product, service, and/or website
Any misrepresentation made by you
We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.
PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Prior to commencing any legal proceeding against us, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to the agreement or the Services by engaging in good faith negotiations.
You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be Singapore. The language of the arbitration shall be English.
UNLESS YOU TIMELY PROVIDE US WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES.
This Agreement is effective unless and until terminated by either you or us. You may terminate your Agreement with us at any time by ceasing all access to the Services. If, in our sole judgment, you fail to comply with any term or provision of the Agreement, we reserve the right to terminate our Agreement with you and deny you access to the Services.
WE RESERVE THE RIGHT TO MODIFY THE SERVICES AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE THE SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SERVICES THAT MAY AFFECT YOU.
If any provision of the Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The Agreement may be assigned without your prior consent to any CIAN Indemnified Party, or to its successors in the interest of any business associated with the Services provided by us. You may not assign or transfer any rights or obligations under the Agreement without our prior written consent.
The Agreement and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
You may contact us with questions about your use of the Services at contact@cian.app.