Terms of use

Last Amended: 10 June 2021

These Terms of Use govern your use of https://www.dappstats.com/ and all associated websites or information, data, and other content hosted thereon (collectively, “Site”) operated by DappStats LLC, a limited liability company formed under the laws of St. Vincent and the Grenadines with Company Number 640 LLC 2020 and with its registered office address at First Floor, First St. Vincent Bank Ltd Building, P.O. Box 1574, James Street, Kingstown, St. Vincent and the Grenadines ("Company", “we”, “us” or “our”). These Terms are agreed to between the individual or entity accessing or using the Site (“you”, “your”) and the Company.

By accessing or using the Site, you agree to be bound by these Terms of Use and the Privacy Policy (collectively, “Terms”). If you are agreeing to these Terms on behalf of an entity, by accessing or using the Site you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to these Terms, do not access or use the Site. These Terms sets forth the terms and conditions under which The Company is willing to provide you the right to access and use the Site. Access to this Site does not imply, in any way, a commercial or business relationship between the User and the Company.

If you do not agree to these Terms, the Company does not agree to allow you to access or use the Site even if you access or use the Site. If you do not agree these Terms, please, refrain from using this Site.


MODIFICATIONS

The Company reserves the right, at any time, to modify the Site, with or without notice to you, by making those modifications available on the Site. The Company reserves the right, at any time, to modify these Terms, whether by posting a modified version of these Terms on the Site or by providing notice to you as permitted in these Terms. Any modifications will be effective 24 hours following posting on the Site or delivery of such notice to you. You may terminate these Terms at any time if you do not agree to any modification, provided however, that you must also cease accessing or using the Site. You will be deemed to have agreed to all modifications if you continue to access and use the Site following notice of the modification, or following the posting of a modified version of these Terms on the Site.


RIGHT OF ACCESS

Subject to these Terms, the Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Site solely for your own use, and in accordance with all applicable laws.


RESTRICTIONS

You acknowledge that the Site, as well as the databases, software, hardware and other technology used by or on behalf of the Company to provide the Site, and their structure, organization, designs, trademarks, and underlying data, information, and source code thereof, constitute intellectual property of the Company. In addition to the other restrictions in these Terms, you will not and will not permit any third party to:

  1. modify, make derivative works of, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, structure, design, or method of operation for the Site;
  2. utilize the Site for any purpose that is illegal in any way or that advocates illegal activity under applicable law;
  3. interfere in any manner with the operation of the Site or attempt to gain unauthorized access to the Site;
  4. alter, obscure or remove any copyright notice, copyright management information or proprietary legend contained in or on the Site.

NO MAINTENANCE OR SUPPORT

The Company is not obligated to provide you any support, maintenance or training relating to the Site. Any modifications, new versions, or new releases of or to the Site provided by the Company will be treated as part of the Site for purposes of these Terms.


OWNERSHIP

The Company and its licensors retain all rights, title, and interest in and to the Site and all additions and modifications to the Site, including all intellectual property rights therein. Any rights not expressly granted to you hereunder are reserved by the Company.


THIRD PARTY SERVICES

The Site may provide you the ability to access data, services, applications, decentralized blockchain applications, and/or software developed, provided, or maintained by third-party service providers (collectively, “Third-Party Services”). The Company is not responsible for any Third-Party Services, including the connection thereto or the data and assets exchanged with or collected by or through such Third-Party Services. You acknowledge that the access or use of any such Third-Party Services is solely at your own risk and hereby waive any and all claims against the Company with respect to such Third-Party Services.

The Company may provide hyperlinks to websites or decentralized blockchain applications developed and/or operated by third parties. When you select these hyperlinks you will be leaving the Site. Because the Company has no control over such websites or decentralized applications, he Company is not responsible for the availability of such external sites or their services, and the Company does not adopt, endorse or nor is responsible or liable for any such sites or decentralized applications. Other websites may provide links to the Site or the contents of the Site with or without our authorization. The Company does not endorse such websites and shall not be responsible or liable for any links from those sites to the Site or its contents, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

The Company does not assess and is not responsible for assessing the merits or reliability of any Third-Party Services provided by Third Party Service Providers. The Company makes no representations or warranties with respect to the accuracy, applicability, fitness, or completeness of the Third-Party Services. The Company disclaims any warranties expressed or implied, merchantability, or fitness for any particular purpose. THE COMPANY SHALL IN NO EVENT BE HELD LIABLE FOR ANY LOSS OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING FROM THE USE OF THIRD-PARTY SERVICES.

YOUR USE OF THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY DECENTRALIZED BLOCKCHAIN APPLICATIONS OR OTHER SERVICES OR CONTENTS AVAILABLE THROUGH SUCH THIRD PARTY SERVICE PROVIDERS, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF SERVICE.


WARRANTIES

You represent, warrant, and covenant that:

  1. you have the legal right and authority to enter into these Terms;
  2. you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms and in any applicable additional agreement you enter into in connection with these Terms;
  3. you will access and use the Site at all times only as expressly set forth in these and in strict compliance with these Terms.

DISCLAIMER

YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED BY THE COMPANY “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND COVENANTS, WHETHER EXPRESSED OR IMPLIED, REGARDING THESE TERMS AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET ALL OF YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, COMPLETE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AGENTS OR REPRESENTATIVES WILL CREATE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS UNLESS CONFIRMED IN WRITING BY THE COMPANY AS AN AMENDMENT TO THESE TERMS.


INDEMNIFICATION

You will indemnify, hold harmless and defend the Company (and its officers, directors, employees, contractors, agents, parent companies, subsidiary companies and affiliates) from and against any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) incurred in connection with or as a result of:

  1. your use of or access to the Site, including, without limitation, any data, information, content, or results generated through the Site, whether or not in breach of these Terms;
  2. your actual or alleged breach of any provision of these Terms; or (3) damage to property or injury to or death of any person directly or indirectly caused by you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST, CORRUPTED OR ALTERED DATA OR INFORMATION, LOSS OF USE OF DATA OR INFORMATION, RECOVERY OF DATA OR INFORMATION, OR LOSS OR INTERRUPTION OF BUSINESS OR PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF THE COMPANY RELATING TO THESE TERMS, THE SITE, OR ANY RESULTS OBTAINED FROM THE USE OF OR ACCESS TO THE SITE, EXCEED $100.00.


RELIEF

You acknowledge and agree that due to the unique nature of the Site there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or third parties to unfairly compete with the Company resulting in irreparable harm to the Company, and therefore, that upon any such breach of these Terms or threat thereof, you will not oppose any attempt by the Company to obtain, in addition to whatever remedies it may have at law, an injunction or other appropriate equitable relief without making any additional showing of irreparable harm (and you agree to support the waiver of any requirement that The Company be required to post a bond prior to the issuance of any such injunction or other appropriate equitable relief).


NOTICE

Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to the Company by email to: [admin@DappStats.com]. The Company may provide you with any notices required or allowed under these Terms by sending you an email to any email address you provide to the Company in connection with your use of the Site, provided that in the case of any notice applicable both to you and other users of the Site, The Company may instead provide such notice by posting it on the Site. Notices provided to the Company will be deemed given when actually received by The Company. Notice provided to you will be deemed given 24 hours after posting to the Site or sending via e-mail.


NO WAIVER

From time to time, The Company may fail to require or strictly enforce compliance with relation to any provision in these Terms. The Company may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of The Company's right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by The Company of any condition, provision, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.


SEVERABILITY

If any portion of these Terms is held to be illegal, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion shall be severed, and such illegality, unenforceability or invalidity shall not affect the legality, enforceability or validity of the rest of these Terms in that jurisdiction, nor the legality, enforceability or validity of these Terms in any other jurisdiction.


GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Saint Vincent and the Grenadines. Any present or future law which operates to vary the obligations of the Company in connection with these Terms with the result that the Company's rights, powers or remedies are adversely affected (including by way of delay or postponement) is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.


DISPUTE

Any dispute, claim, suit, action, cause of action, demand, or proceeding arising out of or related to these Terms (including with respect of their validity, existence, or termination), any action under or contemplated by these Terms that is not settled by you and the Company within 30 days from the date that either party notifies the other party in writing of the Dispute shall be referred to and finally settled by arbitration. Further, the parties hereby agree that:

  • the law of this section is English law;
  • the seat of arbitration will be the International Arbitration Centre of London;
  • the number of arbitrators will be three;
  • if the parties do not agree on the arbitrator to be appointed within 30 Days of the Dispute proceeding to arbitration, the arbitrator is to be appointed by an English Court;
  • the arbitration proceedings will be conducted in English.

Notwithstanding any other provision of these Terms, you agree that the Company has the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

To the fullest extent permitted by law, you irrevocably and unconditionally waive, with respect to yourself and any of your revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from: suit; jurisdiction of any court; relief by way of injunction or order for specific performance or recovery of property; attachment of assets (whether before or after judgment); and execution or enforcement of any judgment to which you or your revenues or assets might otherwise be entitled in any proceedings in the courts of any jurisdiction (and you irrevocably agree, to the fullest extent permitted by applicable law, that you will not claim any immunity in any such proceedings).


WAIVER OF CLASS ACTION RIGHTS AND CLASS WIDE ARBITRATION

You agree that any Dispute is personal to you and the Company and will not be brought as a representative action, class action, or any other type of representative proceeding in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective Disputes on a consolidated or representative basis.


INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys' fees) that arise from or relate to:

  1. your responsibilities or obligations under these Terms.
  2. your violation of any of the provisions in these Terms.

The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.


NO SOLICITATION; NO INVESTMENT ADVICE

The contents of this Site are for informational purposes and are not an offer to sell any other cryptocurrencies or digital tokens or are not an offer to use decentralized applications and is not soliciting the participation in any sale of cryptocurrencies or digital tokens or the use of decentralized applications.

The contents of this Site should not be construed as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by the Company or any third party service provider to buy or sell any cryptocurrencies or other instruments.


CONTACT

If you have any questions about these Terms, please contact us at [admin@DappStats.com]

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