Term of Service
Terms of Service
Last Updated: 20 January, 2024
Please carefully review these Terms of Service (referred to as the "Terms") as they govern your utilization of the website accessible at https://www.omnipool.app/ (the "Site"), Software as a Service (SaaS) offerings, services accessible through the Site, and the corresponding application (referred to as the "App") provided by Nilabs Inc. ("Nilabs"). For ease of reference, the collective term for the Site, our services, and the App is referred to as the "Services."
To enhance clarity, the following terminology applies:
Nilabs Inc. is referred to as "Nilabs," "we," "us," or "our."
"You" and "your" pertain to you, the user of the Services.
A "user" is an individual who accesses or in any way employs the Service.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU ACCEPT THESE TERMS, YOU ARE CONSENTING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND NILABS THROUGH BINDING, INDIVIDUAL ARBITRATION INSTEAD OF LITIGATION. PLEASE THOROUGHLY REVIEW SECTION 16, "DISPUTE RESOLUTION," BELOW FOR COMPREHENSIVE INFORMATION REGARDING ARBITRATION. HOWEVER, IF YOU RESIDE IN A JURISDICTION WHERE APPLICABLE LAW PRECLUDES ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU, BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW) WILL APPLY INSTEAD.
Agreement to Terms: By making use of our Services, you commit to adhering to these Terms. If you do not agree to abide by these Terms, kindly refrain from using the Services. If you access and employ the Services on behalf of a company (such as your employer) or another legal entity, you confirm and guarantee that you possess the authority to bind that entity to these Terms. In such instances, the terms "you" and "your" will pertain to that entity.
Modifications to these Terms or the Services: Nilabs reserves the right to periodically update the Terms at our sole discretion. If we do so, we will inform you by publishing the revised Terms on the Site, within the App, or via other forms of communication. It is crucial that you review the Terms whenever they are updated or when you use the Services. Continued use of the Services following the posting of revised Terms signifies your acceptance and agreement to the alterations. If you do not consent to these changes, you may no longer use the Services. Given that our Services are continually evolving, we may, at our sole discretion and without notice, modify or discontinue all or parts of the Services.
Eligibility to Use the Services: You may engage with the Services only if you are 18 years of age or older, have the capacity to enter into a legally binding contract with Nilabs, and are not otherwise prohibited from utilizing the Services under applicable law. Usage of the Services is prohibited for individuals residing in countries subject to export sanctions or other trade restrictions imposed by the United States or any other nations, including but not limited to Iran, Crimea, North Korea, Sudan, and Syria.
About the Services: The Services encompass infrastructure that empowers users to construct high-performance systems designed to scale Solana and gain validator rewards.
Feedback: We greatly value feedback, comments, concepts, proposals, and suggestions aimed at enhancing the Services (referred to as "Feedback"). If you opt to submit Feedback, you concur that we are at liberty to employ it without any restrictions or compensation to you.
Fees: (a) Fees: Your usage of the Services (or specific components thereof) may result in fees, and you commit to paying such charges. Furthermore, you are responsible for any fees incurred from third parties related to your utilization of the Services. (b) Taxes: USER RECOGNIZES AND AGREES THAT PURCHASING, HOLDING, EXCHANGING, SELLING, STAKING, TRANSFERRING, OR OTHERWISE UTILIZING TOKENS MAY LEAD TO ADVERSE TAX CONSEQUENCES. USER REPRESENTS (A) CONSULTING WITH A TAX ADVISER OF THEIR CHOOSING REGARDING TOKEN USAGE, OR HAVING HAD THE OPPORTUNITY TO DO SO AND CHOSEN NOT TO, (B) NO TAX ADVICE HAS BEEN PROVIDED BY NILABS OR ITS AFFILIATES TO USER, AND (C) ASSUMING FULL RESPONSIBILITY FOR ANY TAXES ARISING FROM TOKEN PURCHASE, HOLDING, EXCHANGE, SALE, STAKING, TRANSFER, OR OTHER USAGE.
Rights and Terms for Apps: (a) App License: Conditional upon compliance with these Terms, Nilabs grants you a limited, non-exclusive, non-transferable license, with no sublicensing rights, to download, install, and operate the App on your personal computers, tablets, wearable devices, and other applicable devices. This license is for your personal, non-commercial use only. You are prohibited from: (i) replicating, modifying, or producing derivative works based on the App; (ii) distributing, transferring, sublicensing, leasing, lending, or renting the App to any third party; (iii) reverse engineering, decompiling, or disassembling the App (unless local law permits such actions); or (iv) making the App's functionality available to multiple users through any means.
General Prohibitions and Nilabs' Enforcement Rights: You agree not to engage in the following activities:
(a) Employing, displaying, mirroring, or framing the Services or any individual element thereof, Nilabs' name, any Nilabs trademark, logo, or other proprietary information, or the layout and design of any page or form found on a page, without Nilabs' explicit written consent;
(b) Accessing, tampering with, or using non-public portions of the Services, Nilabs' computer systems, or the technical delivery systems employed by Nilabs' providers;
(c) Endeavoring to probe, scan, or test the vulnerability of any Nilabs system or network, or breaching security or authentication measures;
(d) Evading, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measures enforced by Nilabs, its providers, or any other third party (including another user) to protect the Services;
(e) Attempting to access or search the Services or extract content from the Services using any means other than the software and/or search agents provided by Nilabs or publicly available third-party web browsers;
(f) Transmitting unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters, or other forms of solicitation;
(g) Employing any meta tags, hidden text, or metadata containing Nilabs trademarks, logos, URLs, or product names without the explicit written consent of Nilabs;
(h) Using the Services, or any part thereof, for commercial purposes or for the benefit of any third party or in a manner not permitted by these Terms;
(i) Forging any TCP/IP packet header or any part thereof in any email or newsgroup posting, or using the Services to send altered, deceptive, or false source-identifying information;
(j) Attempting to decipher, decompile, disassemble, or reverse engineer any software used to provide the Services;
(k)Disrupting or attempting to disrupt the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing the Services;
(l) Collecting or storing personally identifiable information from other users of the Services without their express permission;
(m) Impersonating or misrepresenting your association with any individual or entity;
(n) Conducting reverse look-ups or tracking information of other users or visitors of the Site or Services; (o) Taking actions that impose an unreasonable or disproportionately large burden on the infrastructure of the Site or Services, or the infrastructure of any systems or networks linked to the Site or Services;
(p) Utilizing the Services for market manipulation, including but not limited to pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing or layering, regardless of whether prohibited by law;
(q) Participating or assisting in any activity that breaches any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control ("OFAC"), or that involves proceeds from unlawful activities (such as money laundering, terrorist financing, or activities deliberately designed to negatively impact the performance of the Services);
(r) Engaging in deceptive trading activities;
(s) Employing the Services to participate in fundraising for a business, protocol, or platform;
(t) Fabricating transactions or processes in any manner;
(u) Concealing or interfering with the IP address of the device used to access or utilize the Services, or taking actions that prevent us from accurately identifying the IP address of the device accessing the Services;
(v) Transmitting, exchanging, or otherwise supporting the direct or indirect proceeds of criminal or fraudulent activity;
(w) Violating any applicable law or regulation; or
(x) Encouraging or enabling any other individual to engage in any of the aforementioned activities.
Nilabs is not obligated to continuously monitor access to or use of the Services, or to inspect or edit any content. However, we possess the right to do so for the purpose of operating the Services, ensuring compliance with these Terms, and conforming to applicable law or other legal requirements. We reserve the right, though we are not compelled, to remove or disable access to any content at any time and without prior notice, including content that we, at our sole discretion, find objectionable or in violation of these Terms. We are entitled to investigate violations of these Terms or any conduct that impacts the Services. Furthermore, we may collaborate and cooperate with law enforcement authorities to prosecute users who violate the law.
Nilabs Links to Third Party Websites or Resources: The Services (including the App) may provide access to third-party websites or other resources. We offer this access solely for convenience and bear no responsibility for the content, products, or services available from those resources or the links exhibited on such websites. You acknowledge sole responsibility and assume all risks stemming from your utilization of any third-party resources.
Identity Verification: Nilabs and its affiliates may, at their discretion, gather and verify information about you to maintain appropriate user records, protect ourselves and the community against fraudulent users, identify instances of money laundering, terrorist financing, fraud, and other financial crimes, or for other lawful purposes.
Termination: Nilabs reserves the right, at its sole discretion, to suspend or terminate your access to and utilization of the Services at any time and without notice to you. You may withdraw and disconnect your wallet at any time, subject to the then-current minimum withdrawal requirements. Upon any suspension, termination, discontinuation, or cancellation of the Services or withdrawal or disconnection of your wallet, the following sections will remain in effect: 6(a) (only for outstanding payments owed to Nilabs prior to the termination), 6(b), 7, 8, 10, 12, 13, 14, 15, 16, 17, and 18.
Disclaimer and Risks
(a) Warranty Disclaimers: The Services are provided on an "as is" basis without any warranties. We explicitly disclaim any implied warranties, including merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and warranties arising from course of dealing or usage of trade. We do not guarantee that the Services will meet your requirements or be uninterrupted, secure, or error-free. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services. Nilabs does not represent or warrant that any content on the Services is accurate, complete, reliable, current, or error-free. We will not be liable for any loss resulting from actions taken in reliance on material or information contained on the Services. While Nilabs strives to ensure the safety of your access to and use of the Services, we cannot guarantee that the Services, any content therein, any NFTs listed therein, or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data you disclose online, and you accept the inherent security risks of providing information and conducting online transactions. Nilabs will not be responsible or liable for any loss arising from user errors, server failure, data loss, blockchain networks, unauthorized access, or third-party activities. You are responsible for verifying the identity, legitimacy, and authenticity of assets purchased through the Services. Despite any indications or messages suggesting verification, Nilabs makes no claims about the identity, legitimacy, or authenticity of assets on the Services. The Services may become unavailable due to various factors, including system maintenance, acts of God, unauthorized access, technical failures, and more. Consequently, we expressly disclaim any warranty regarding the use and availability, accessibility, security, or performance of the Services resulting from such factors. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.
(b) Sophistication and Risk of Cryptographic Systems: By using the Services, you acknowledge that you understand the inherent risks associated with cryptographic systems. You warrant that you have knowledge of the usage and intricacies of cryptographic tokens, decentralized networks, and blockchain-based software systems.
(c) Risk of Weaknesses or Exploits in the Field of Cryptography: You acknowledge that cryptography is an evolving field, and advances in cryptanalysis or technical developments, such as quantum computing, may pose risks to cryptocurrencies and the Services, potentially resulting in the theft or loss of your assets. While Nilabs intends to update the Services to account for advances in cryptography and enhance security, we do not guarantee or represent full security of the Services. By using the Services, you acknowledge these risks and agree that Nilabs will not be held liable for any losses or damages associated with these risks, including losses related to your assets.
Indemnity: You agree to indemnify and hold Nilabs, its officers, directors, employees, and agents harmless from any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including legal and accounting fees, arising from your access to or use of the Services or your violation of these Terms.
Limitation of Liability:
(a) Maximum Liability: To the fullest extent permitted by law, neither Nilabs nor its service providers involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages. This includes damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services, arising from these Terms or the use of the Services, whether based on warranty, contract, tort, product liability, or any other legal theory, even if Nilabs or its service providers have been informed of the possibility of such damages. Nilabs' total liability, if any, arising from these Terms or the use of the Services will not exceed the amounts paid or payable by you to Nilabs for the use of the Services or one hundred dollars ($100), if you have not had any payment obligations to Nilabs, as applicable.
(b) Exceptions: There are limited exceptions to the above provision. Both parties may seek to resolve a dispute in small claims court if it qualifies. Additionally, both parties retain the right to seek injunctive or other equitable relief from a court to prevent the infringement or misappropriation of intellectual property rights.
(c) Arbitration and Arbitration Rules: Any dispute, claim, or controversy arising from these Terms or the use of the Services will be resolved through binding, individual arbitration, not in a class, representative, or consolidated action or proceeding. The arbitration will be conducted by JAMS, subject to its rules, with certain exceptions for small claims. The parties agree to the exclusive authority of the arbitrator to decide issues related to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
(d) Arbitration Costs: Payment of filing, administration, and arbitrator fees will follow JAMS Rules, and we will not seek to recover these fees unless the arbitrator finds your dispute frivolous. If we prevail in arbitration, we will pay our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration, you may be entitled to an award of attorneys' fees and expenses as provided by applicable law.
(e) Injunctive and Declaratory Relief: The arbitrator may determine liability and award declaratory or injunctive relief only to the individual party seeking relief and to the extent necessary for that party's individual claim. Claims for public injunctive relief must be litigated in a civil court of competent jurisdiction. Parties agree that litigation of public injunctive relief issues will be stayed pending the outcome of individual claims in arbitration.
(f) Class Action Waiver: Both parties agree to bring claims against each other only in their individual capacity, not as plaintiffs or class members in any class or representative proceeding. The arbitrator may not consolidate another person's claims with yours or preside over any form of representative or class proceeding. If this provision is found unenforceable, the entire Dispute Resolution section will be null and void.
(g) Severability: Except for Section 16(f) regarding the Class Action Waiver, if any part of these Terms is found invalid or unenforceable by an arbitrator or court, the other parts of these Terms will remain in full force and effect.
Governing Law and Forum Choice: These Terms and any related actions will be governed by federal arbitration law and the laws of the state of Delaware, without regard to its conflict of laws provisions. The exclusive jurisdiction for disputes not subject to arbitration will be the courts located in the state of Delaware, and both parties waive objections to jurisdiction and venue in such courts.
Dispute Resolution:
(a) Mandatory Arbitration of Disputes: Both parties agree to resolve any disputes through binding, individual arbitration, governed by the U.S. Federal Arbitration Act. This arbitration provision survives the termination of these Terms.
General Terms:
(a) Reservation of Rights: Nilabs and its licensors exclusively own all rights, title, and interest in the Services and associated intellectual property. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices.
(b) Entire Agreement: These Terms constitute the entire understanding and agreement between Nilabs and you regarding the Services, superseding all prior oral or written agreements. If any provision is deemed invalid, the remaining provisions will remain in full force. You may not assign these Terms without Nilabs' consent, while Nilabs may freely assign them.
(c) Notices: Nilabs may provide notices via email or by posting on the Services.
(d) Waiver of Rights: Nilabs' failure to enforce any right or provision of these Terms will not be considered a waiver. Waivers must be in writing and signed by a duly authorized representative of Nilabs.
Contact Information: For questions about these Terms or the Services, please contact Nilabs on Contact Us
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