Last Modified: April 21, 2023
Please read these Terms of Service (the “Terms”) carefully before you start to use this website. The website, including but not limited to www.pokt.network/, and the associated products and services (collectively, the “Site”) are owned by Pocket Network Foundation, a Cayman Island foundation company limited by guarantee (“PNF,” “we,” “us,” “our”). PNF and its affiliates provide the Site and any content, functionality, and services offered on or through the Site (collectively, the “Service”) to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms. These Terms are effective as of April 20, 2023.
This version of these Terms replaces and supersedes any prior terms of service applicable to the Service. You may use the Service for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Service.
1. Binding Effect. These Terms constitute a legally binding agreement between you and PNF. By using the Service, you represent and warrant that you: (1) have read and understood these Terms; (2) are 18 years of age or older and of legal age to enter into a binding agreement; (3) have not violated any anti-terrorism laws; (4) have not engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Financial Action Task Force (“FATF”) standards on Combatting Money Laundering and the Financing of Terrorism and Proliferation, as updated from time to time; (5) are not identified on the most current list of “Specially Designated Nationals and Blocked Persons” published by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) or resides, is organized or chartered, or has a place of business in a country or territory identified by the FATF as high risk or that is subject to OFAC sanctions or embargo programs, or identified as any person or entity designated by the U.S. Department of the Treasury as a financial institution of primary money laundering concern, or any person otherwise prohibited from engaging in financial transactions with U.S. Persons ; and (6) accept these Terms and agree that you are legally bound by them. Your use of the Service manifests your agreement to be bound by these Terms each time you access the Service. If you do not agree to any of these Terms, do not use or access the Service.
2. General Use, License, and Termination. PNF grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Service, regardless of the medium by which the Service is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Service for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
The Service is intended for use by those who are eighteen (18) years of age or older only. Any use of the Service by persons under 18 years of age result in immediate termination of their use of the Service.
You acknowledge that your use of the Service is at our sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Service, to terminate any user’s account, and to alter or delete any material submitted to the Service through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.
3. Prohibited Conduct and Activities. Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Service or any of the content on the Service; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Service; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Service, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Service’s listings or content; (e) circumventing or attempting to circumvent the security of the Service; (f) interfering or attempting to interfere with the proper working of the Service or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm PNF or users of the Service or expose them to liability; (g) uploading or transmitting, or attempting to upload or transmit, viruses, Trojan horses, other any other materials, including excessive use of capital letters and spamming, that alters, modifies, or interferes with the use, features, functions, operation or maintenance of the Service; (h) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Service, except as authorized by PNF; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service; (k) using reports, content, electronic documentation, or other materials available on the Service to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts PNF users to a third party, except as described in Section 6; (m) making commercial use of the Service or any of its content; (n) using the Service to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.
4. User Account. Before you can make use of certain services associated with the Service, you may be required to register with the Service and create an account. You agree and warrant that all information you provide to us through the Service, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By creating an account with the Service, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Submission of Content and User Activity. From time to time, we may make available on the Service certain services, features, or sections that allow users to post or upload materials to the Service. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not PNF, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Service, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Service, you hereby expressly grant PNF a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
PNF disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Service. The opinions expressed in postings or other Content on the Service may not represent the views or opinions of PNF or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Service is provided “as is.” You understand that by using the Service, you may be exposed to user Content and third-party Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You should be aware that your use of and reliance on Content is at your own risk.
6. Payment and Subscriptions. Optional paid services or subscriptions may be available on the Website, including but not limited to hosting, support, https, and enterprise services. All costs, taxes, fees, and expenses associated with your use of the Service, including but not limited to engaging in staking, and any purchases or transactions entered into on or in connection with the Service are your sole responsibility. When utilizing an optional paid service or subscription, you agree to pay PNF the relevant fees indicated.
You acknowledge, understand, and agree that PNF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any purchase or transaction made on the Service.
7. Intellectual Property Rights. Unless otherwise noted, the Service, namely, the Site and the associated products and services, are our proprietary property and all content provided on the Service, including source code, database functionality, software, images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of PNF or its suppliers, licensors, talent, partners, or affiliates and is protected by United States, Cayman Islands and international copyright laws. Any and all content on the Service is either the property of PNF or is used by us with the permission of its owner. The compilation of the Service is the exclusive property of PNF and is protected by United States, Cayman Islands and international copyright laws. You agree that you will not take any actions inconsistent with PNF’s ownership of the Service and content.
The trademarks, logos, and service marks displayed on the Service are owned by PNF and other third parties, and the Service’s trade dress is owned by PNF. All trademarks not owned by PNF are the property of their respective owners, and, where used by PNF, are used with permission. Nothing contained on the Service may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. PNF’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with PNF’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Service.
Some products and processes offered on the Service may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Any and all products or processes on the Service are either the property of PNF or are used by us with the permission of the respective owner. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Service.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Service, including any copyrighted, patented, or trademarked content. You may only use the materials and content on the Service as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Service is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
8. Forward-Looking Statements. All statements contained herein, statements made in press releases, or in any place accessible by the public and oral statements that may be made by PNF, may constitute forward-looking statements (including statements regarding intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward-looking statements are applicable only as of the date indicated in a whitepaper, and PNF expressly disclaims any responsibility (whether express or implied) to release any revisions to these forward-looking statements to reflect events after such date.
9. Correction of Errors and Inaccuracies; Limitations on Services. The information on the Service may contain typographical errors or inaccuracies, and may not be complete or current. PNF therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. We are not responsible for typographical or other errors or omissions regarding products, currency prices or other information provided on the Service. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, currency pricing, and availability. PNF also reserves the right to limit the scope of services (including after you have submitted your request). PNF apologizes for any inconvenience this may cause you.
10. Enforcement. You acknowledge that your use of the Service is at our sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, block or prevent future access to and use of the Service, suspend use of the Service, terminate any user’s account, and alter or delete any material submitted to the Service through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.
PNF reserves the right, but does not have the obligation, to investigate any suspected violation of these Terms or any misuse of the Service or to review, monitor, delete, or edit the Service, including user Content at its sole discretion for any reason or no reason, with or without notice. PNF shall not be liable for any alteration or deletion of any Content.
You acknowledge, consent, and agree that PNF may access, preserve, and disclose any inappropriate conduct, your account information, content you submit, or any other information related to the Service if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process initiated by law enforcement authorities, financial regulators, or any other legal authority; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PNF, its affiliates, personnel, other users, and the public.
11. User Representations and Warranties. By accessing and using the Service, you represent and warrant to PNF that: (a) in any decision you may make to initiate a purchase, sale, donation, transfer, or other type of transaction, you shall not solely rely on any statements or information set out on the Service; (b) you shall use only one user account on the Service in any 24-hour period; (c) you understand and agree that staking may be subject to material underlying risks including but not limited to liquidity risks (locking periods), market risks, counterparty risks, slashing risks, blockchain risks, and other operational risks; (d) you are acting solely for your own account; (e) you shall comply with any and all laws, regulatory requirements, or restrictions applicable to you at your own expense.
12. Links to Third Party Services. The Service may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. PNF does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources. For your protection, please refer to the terms of service and privacy policies of those respective websites.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT PNF SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF, OR RELIANCE ON, ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH OTHER WEBSITES. PNF SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH OTHER WEBSITES, OR FOR ANY ACTIONS TAKEN OR NOT TAKEN IN RELIANCE THEREON. THE LINKS ARE PROVIDED “AS IS” AND USE OF SUCH LINKS IS AT YOUR OWN RISK.
13. Disclaimer of Warranties. PNF IS ACTING SOLELY AS AN ARMS’ LENGTH THIRD PARTY IN RELATION TO THE USER AND NOT IN THE CAPACITY AS A FINANCIAL ADVISER OR FIDUCIARY OF ANY PERSON. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY, SECURITY OR ANY FINANCIAL INSTRUMENT OR AS LEGAL OR INVESTMENT ADVICE OR RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY, SECURITY OR INSTRUMENT) BY PNF OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY PNF. INFORMATION ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO INFORMATION ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY, OR GROUP OF INDIVIDUALS. PNF EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY, OR OTHER INTEREST. PNF DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. INFORMATION ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL PRODUCT OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF PNF.
NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED, WHETHER FORMALLY OR INFORMALLY, OF ANY OF THE INFORMATION SET OUT IN THE SERVICE. NO SUCH ACTION OR ASSURANCE HAS BEEN OR WILL BE TAKEN UNDER THE LAWS, REGULATORY REQUIREMENTS, OR RULES OF ANY JURISDICTION. THE PUBLICATION, DISTRIBUTION OR DISSEMINATION OF INFORMATION ON THE SERVICE DOES NOT IMPLY THAT THE APPLICABLE LAWS, REGULATORY REQUIREMENTS, OR RULES HAVE BEEN COMPLIED WITH.
INFORMATION ACCESSIBLE THROUGH THE SERVICE (INCLUDING ANY CONTENT OR WHITEPAPERS) IS PROVIDED STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE, AND DOES NOT CONSTITUTE A PROSPECTUS, AN OFFER DOCUMENT, AN OFFER OF SECURITIES, A SOLICITATION FOR INVESTMENT, OR ANY OFFER TO SELL ANY PRODUCT, ITEM OR ASSET (WHETHER DIGITAL OR OTHERWISE). THE SERVICE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY PNF ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF, AND RELIANCE ON, THE SERVICE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PNF DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. PNF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THE SERVICE.
PNF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. PNF FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. PNF FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMMUNICATIONS BETWEEN YOU AND PNF, OR ANOTHER USER OF THE SERVICE, WILL BE SECURE FROM INTERFERENCE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS.
THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY PNF FROM ITS OFFICES WITHIN THE CAYMAN ISLANDS. PNF MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE CAYMAN ISLANDS. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE CAYMAN ISLANDS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND PNF ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.
14. Limitation of Liability. NEITHER PNF NOR ANY OF PNF’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR LOST PROFIT; (2) ATTORNEYS’ FEES; OR (3) ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF PNF HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, PNF WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SERVICE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON PNF’S COMPUTERS AND/OR SERVERS. PNF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF PNF’S SERVICE AND ASSOCIATED SERVICES.
FURTHER, PNF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR; (2) SERVER FAILURE OR DATA LOSS; (3) DATA BREACHES, VIRUSES, OR OTHER FORMS OF ATTACK AGAINST THE SERVICE, APPLICABLE NETWORKS, OR THE PNF BLOCKCHAIN INFRASTRUCTURE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PNF, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID TO PNF TO ACCESS THE SERVICE WITHIN THE PRECEDING THREE (3) MONTHS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND PNF.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Assumption of Risk. Customer acknowledges and accepts each of the following: (a) the prices of blockchain assets are extremely volatile and we cannot guarantee that your assets will not lose value; (b) Customer is solely responsible for determining what, if any, taxes apply to your digital asset transactions; (c) Internet-based currency is subject to risk including but not limited to those presented by hardware, software and Internet connections and unauthorized access to your electronic wallet by third parties; (d) a lack of public interest in the creation and development of distributed ecosystems could negatively impact the development of the Services and, therefore, the potential value or utility of your digital assets; and (e) the regulatory infrastructure related to blockchain technologies, cryptocurrencies, and tokens is uncertain and new regulations or policies may materially and adversely affect the development of the Services and, therefore, the potential value or utility of your digital assets; upgrades or updates to the PNF blockchain infrastructure may have unintended adverse effects on your digital assets. PNF makes no assurances, representations, or warranties as to the accuracy, currency, or completeness of any reports regarding POKT Rewards.
16. Indemnification and Remedies. You agree to indemnify, defend, and hold harmless PNF and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Service; (b) your violation of applicable law; (c) Content you post or submit to the Service; or (d) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree that if you are dissatisfied with the Service or any services offered in connection with the Service, do not agree with any part of these Terms, or have any other dispute or claim with or against PNF with respect to these Terms or the Service, your sole and exclusive remedy is to discontinue using the Service.
17. Entire Agreement. These Terms and all documents and agreements referred to in these Terms supersede all prior or contemporaneous understandings, agreements, negotiations and discussions, whether oral or written, between the Parties concerning this subject matter and constitute the entire agreement between the Parties with regard to this subject matter. The provisions of these Terms may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. The headings in these Terms are for convenience of reference only and do not limit or otherwise affect any of the terms or provisions of these Terms.
18. Survival. Any and all provisions set forth herein which, by their very nature, are intended to survive any expiration or termination hereof, shall so survive, including without limitation, the sections regarding Termination; Reservation of Rights; Survival; Proprietary Rights; Confidentiality; Limitation of Liability; Indemnification; and Miscellaneous.
19. Governing Law. These Terms will be construed in accordance with and governed by the laws of the Cayman Islands, without regard to its conflict of laws principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms shall be the state and federal courts located in the Cayman Islands.
20. No Agency. These Terms do not create an agency, partnership, or joint venture between Customer and PNF.
21. Export Controls. Customer acknowledges that the products, software, and technical information (including, but not limited to, services and training) provided by PNF under these Terms are or may be subject to export laws and regulations of the Cayman Islands and the destination country(ies) and any use or transfer of such products, software, and technical information must be authorized under those laws. Customer agrees that you will not use, distribute, transfer or transmit the products, software or technical information (even if incorporated into other products) within the Services except in compliance with export laws. If requested by PNF, Customer agrees to sign all necessary export-related documents as may be required to comply with export laws.
22. Force Majeure. Neither Party shall be liable for delay or failure in the performance of its obligations under these Terms if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, pandemics or epidemics, telecommunications line failures, electrical outages, network failures, acts of god, states of emergency, terrorism, civil commotion, or labor disputes. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within three (3) business days of its occurrence.
23. Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable, that provision will be fully severable, and these Terms will be construed and enforced as if the illegal, invalid or unenforceable provision never comprised a part of these Terms; and the remaining provisions of these Terms will remain in full force and effect. Furthermore, in lieu of the illegal, invalid or unenforceable provision, there will be added, automatically as part of these Terms, a provision as similar in its terms to the illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
24. Non-Reliance. The Parties have not relied upon any promises, representations, warranties, agreements, covenants, or undertakings, other than those expressly set forth in these Terms.
25. Assignment. Neither Party may assign (directly or indirectly by any means, including by operation of law or otherwise) these Terms or their rights or obligations hereunder to any other person or entity without first obtaining the prior written consent of the other Party, not to be unreasonably withheld, conditioned, or delayed; provided, however, that PNF may assign these Terms to an acquirer of all or substantially all of its business or assets, or in the event of a corporate reorganization by providing notice to Customer. Any assignment or transfer in violation of this Section shall be null and void. In the event of any assignment, the rights, duties, and obligations of these Terms will be binding upon the assignee.
26. Changes to these Terms; No Waiver. These Terms were last modified as of the date provided above. PNF reserves the right, in its sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Services at http://legal.pokt.com. The revised Terms will become effective the next business day after it is posted. Your continued use of the Services following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, PNF urges you to review these Terms at the start of each use of the Service. Failure to enforce any provision of these Terms will not constitute a waiver. If you do not agree to these revised Terms of Service, do not access or use the Service.
27. Binding on Successors. These Terms apply to and bind the successors and permitted assigns of the Parties.
28. Notice. Any notice, permissions, approvals or other communication required or permitted in these Terms must be delivered to the other Party in writing (a) in person, (b) by nationally recognized overnight delivery Services, or (c) by certified U.S. mail (requiring signature) to the other Party’s legal department. Notices of termination or an indemnifiable claim (“Legal Notice”) should be addressed to email@example.com or Pocket Network Foundation, P.O. Box 31489, 2nd Floor Whitehall House, 238 North Church Street, George Town, Cayman Islands, KY1-1206. With respect to other notices, a notice is deemed given on the day after the notice is deposited with an overnight delivery service or immediately when sent by facsimile transmission (with a copy by email), and addressed. From time to time, either Party may designate another address for all purposes of these Terms if it gives to the other Party not less than three days advance notice of the change of address in accordance with the provisions of these Terms. The failure or refusal of a Party to accept receipt of a notice or other communication under these Terms shall not invalidate the notice.
29. Third Party Beneficiaries. The terms and provisions of these Terms are intended solely for the benefit of each Party to these Terms and their respective successors or permitted assigns, and it is not the intention of the Parties to confer third party beneficiary rights, and these Terms do not confer any such rights, upon any other person or entity.
30. Interpretation of Conflicting Terms. If there is a conflict between these Terms, the Order Form, and any other terms and documents referenced in these Terms, the documents will control in the following order: (1) Order Form; (2) the Terms of Service; and (3) any other terms and documents referenced in these Terms.