diff --git a/src/app/terms-of-service/page.tsx b/src/app/terms-of-service/page.tsx index eca05cb0a..8434451be 100644 --- a/src/app/terms-of-service/page.tsx +++ b/src/app/terms-of-service/page.tsx @@ -76,598 +76,411 @@ const Terms = () => { return ( Terms of Service -

Last updated: October 9, 2023

+

Last updated: March 25, 2026

- Scroll Foundation (“Scroll Foundation”, “we,” “us,” or “our”), currently provides a website-hosted user interface that can be accessed at - https://scroll.io/bridge (the “Interface”) for accessing, and certain information about, Scroll - network, a layer-2 protocol that scales Ethereum (“Scroll”), as well as related content about Scroll and functionality through websites - located at https://scroll.io, which includes{" "} - https://scroll.io/bridge, https://scroll.io/portal (each, a - “Site” and collectively, the “Sites”). We also currently provide access and information about Scroll through our related technologies, - including all of our existing and any updated or new features, functionalities and technologies (the Interface and all such features, - functionalities and technologies, collectively, the “Service”). + Scroll Foundation (“Scroll”, “we”, “us” or “our”) provides several website-hosted user + interfaces. These currently include but are not limited to interfaces that can be accessed at{" "} + https://swap.scroll.io/,{" "} + https://scroll.io/bridge, and https://scroll.io/portal (each a + “Website”, and collectively the “Websites”), and other subdomains associated with it or any other products and + services that link to it. These Terms of Service (“Terms”) explain the terms and conditions by which you may access and use the + Website and the other subdomains and products associated with it.

- Scroll and the suite of open source software underlying it are contributed, used, and supported by a wide variety of participants. Scroll - Foundation is one of these many participants and contributes to the Scroll ecosystem. To facilitate the early-stage development of the Scroll - ecosystem, Scroll Foundation currently operates the Sites. Scroll Foundation may transition the maintenance and operation of certain Sites to - one or more separate entities that are part of the Scroll community in the future. + You must read these Terms carefully as it governs your use of the Websites. By accessing or using the Websites, you signify that you have + read, understand, and agree to be bound by these Terms in its entirety. If you do not agree, you are not authorized to access or use the + Websites and should not use the Websites.

+

+ BY USING THE WEBSITES, INCLUDING BUT NOT LIMITED TO BY CONNECTING A WALLET (AS DEFINED BELOW) PURSUANT TO THE TERMS AND PROCESSES DESCRIBED + HEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS IN ITS ENTIRETY. YOU ARE RESPONSIBLE FOR MAKING YOUR OWN + DECISION REGARDING YOUR USE OF THE WEBSITES. ANY USE OF ANY OF THE WEBSITES IS SOLELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO + SEEK APPROPRIATE PROFESSIONAL, LEGAL, TAX, AND OTHER ADVICE WHERE APPLICABLE. +

+ +

+ BY USING ANY OF THE WEBSITES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS RELATED THERETO, INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT + IN THESE TERMS. IN NO EVENT SHALL SCROLL OR ANY OF OUR CONTRACTORS, AGENTS, OR ANY INDIVIDUALS ACTING UNDER SCROLL’S INSTRUCTIONS BE + HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES, OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT + OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. +

+ +

1. Eligibility and Restrictions

+

+ To access or use the Website, you must be able to form a legally binding contract with Scroll. Accordingly, you represent that you are at + least the age of majority in your jurisdiction (e.g., 18 years old) and have the full right, power, and authority to enter into and comply + with these Terms on behalf of yourself and any company or legal entity for which you may access or use the Website. +

+

+ You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority + or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of + Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is + the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that + your access and use of the Website will fully comply with all applicable laws and regulations, and that you will not access or use the Website + to conduct, promote, or otherwise facilitate any illegal activity. +

- These Website Terms and Conditions (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Service and - Sites. Please note that certain parts and features of the Service or Site may be subject to additional guidelines, terms, or rules, which will - be posted on the Site in connection with such parts and features. All such additional terms, guidelines, and rules, including but not limited - to the Privacy Policy and the Cookies Policy, are incorporated by reference into these Terms. By accessing or using the Service or any Sites, - you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the - willingness, right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). + You are solely responsible for ensuring that your use of the Website complies with all applicable laws, regulations, and restrictions in your + jurisdiction. We do not guarantee the availability or legality of the Website or its functionalities in all jurisdictions. We reserve the sole + and absolute right to prevent any person from accessing it, based on its determination that such person may be ineligible or may be engaged in + any conduct that Scroll considers harmful, unlawful, inappropriate, or unacceptable.

+

2. Changes to the Terms of Use

- We reserve the right to change these Terms at any time. All changes are effective immediately when we post them. Your continued use of the - Service or any Site following the posting of revised Terms means that you accept and agree to the changes. Please check this page frequently - so you are aware of any changes, as they are binding on you. + We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any material modifications, we will notify + you by updating the date at the top of the Agreement and by maintaining a current version of the Terms at{" "} + https://scroll.io/terms-of-service. All modifications will be effective when they are + posted, and your continued accessing or use of any of the Websites will serve as confirmation of your acceptance of those modifications. If + you do not agree with any modifications to these Terms, you must immediately stop accessing and using the Websites.

+

3. Description of the Websites

+

Each of the Websites provides access to a set of decentralized smart contracts available on the Scroll blockchain:

+ +

(collectively, the “Protocols”).

+

+ Please note that this list may be updated from time to time. The Websites are distinct from each of the Protocols named here, and are one of + but not the exclusive means of accessing these Protocols. +

- SECTION 14 CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO - BINDING AND FINAL ARBITRATION.{" "} - - YOU ARE AGREEING TO MANDATORY ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS. - {" "} - BY ACCESSING OR USING THE SERVICE OR ANY OF THE SITES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, - INCLUDING THE BINDING ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS IN THEIR ENTIRETY, PLEASE DO NOT USE THE SERVICE OR ANY - OF THE SITES IN ANY MANNER. + By using the Websites, you understand that you are not buying or selling digital assets from Scroll, and that we do not control trade + execution on any of the Protocols named above. +

+

+ To access any of the Websites, you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your + relationship with that non-custodial wallet provider is governed by the applicable terms of service with respect to the applicable terms of + service of such third party. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer + its contents. By connecting your wallet to any of our Websites, you agree to be bound by these Terms and all of the terms incorporated herein + by reference.

+

4. Third Party Services and Content

+

+ The Website may include integrations, links or other access to third party services, sites, technology, content and resources (each a + “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, + privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use + Third-Party Services on the websites or via the technology platforms of their respective providers. You will be responsible for any and all + costs and charges associated with your use of any Third-Party Services. Scroll enables these Third-Party Services merely as a convenience and + the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third + parties while using the Website are between you and the third party. Scroll will 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 Third-Party Services. +

- DISCLAIMERS + We have no control over and are not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or + completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We + encourage you to review the respective policies of the third parties providing Third-Party Services prior to using such services. +

+ +

5. Third Party Resources and Promotions

+

+ The Website may contain references or links to third-party resources, including, but not limited to, information, materials, products, or + services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of our Website. We do + not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or + participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or + relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or + participation in any such promotions. +

+ +

6. Modification of our Website

+

+ We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, + eliminate or add to the Website or any of its functionalities and products; (b) to review, modify, filter, disable, delete and remove any and + all content and information from the Website or any of its functionalities and products. +

+ +

7. Additional Rights

+

+ We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing + that we disclose information or content or information that you provide. +

+ +

8. Prohibited Behavior

+

+ You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use + of the Website:

+ +

9. Your Obligations

+ +

+ 9.1 Trading +

+

+ You agree and understand that: (a) all trades you submit through the Website are considered unsolicited, which means that they are solely + initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a + suitability review of any trades you submit. +

+ +

+ 9.2 Non-Custodial and No Fiduciary Duties +

+

+ The Website is purely non-custodial, meaning we do not ever have custody, take possession, or have control of your digital assets at any time. + It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you + should never share your Wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection + with your use of a wallet and makes no representations or warranties regarding how the Website will operate with any specific wallet. + Likewise, you are solely responsible for any associated wallet you use and we are not liable for any acts or omissions by you in connection + with or as a result of your wallet being compromised. +

+

+ These Terms are not intended to, and does not, create or impose any fiduciary duties on Scroll. To the fullest extent permitted by law, you + acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and 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. You further + agree that the only duties and obligations that we owe you are those set out expressly in these Terms. +

+ +

+ 9.3 Compliance and Tax Obligations +

+

+ The Website (and certain functionalities) may not be available or appropriate for use in your jurisdiction. By accessing or using the Website, + you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. Specifically, your + use of our Website or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and + services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you + initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority. +

+ +

+ 9.4 Platform Fee and Gas Fees +

+

+ A platform fee may be charged for use of the Website, which will be disclosed on the Website. In addition, blockchain transactions require the + payment of transaction fees to the appropriate network, including Scroll network (“Gas Fees”). Except as otherwise expressly set + forth in the terms of another offer, you will be solely responsible to pay the applicable platform fee and Gas Fees for any transaction that + you initiate via the Website. +

+ +

+ 9.5 Release of Claims +

+

+ You expressly agree that you assume all risks in connection with your access and use of the Website. You further expressly waive and release + us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Website. If you are + a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release + does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing + the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” +

+ +

10. ASSUMPTION OF RISK

+

+ BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT + RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF + DIGITAL ASSETS SUCH AS ETHER (ETH), SO-CALLED STABLECOINS, AND OTHER DIGITAL TOKENS SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD + (ERC-20). +

+

+ IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT + LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE + VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY + TRADE THOSE OR OTHER TOKENS. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, + AND MAY BE SUBJECT TO PANICS AND RUNS. +

+

+ FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE + IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS + SUCH AS ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN + EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS. +

+

+ IF YOU ACT AS A LIQUIDITY PROVIDER TO THE PROTOCOL THROUGH THE WEBSITE, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR + VALUE WHILE THEY ARE SUPPLIED TO THE PROTOCOL THROUGH THE WEBSITE DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY + POOL. +

+

+ FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE + SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE. +

+

+ IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PROTOCOL, AND CANNOT BE + HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE + TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE WEBSITE TO INTERACT WITH THE PROTOCOL. +

+ +

11. NO WARRANTIES

+

+ THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM + ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF + MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE DO NOT + REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE OR ANY OF ITS FUNCTIONALITIES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE + INFORMATION CONTAINED WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT THE WEBSITE WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR + OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING THE WEBSITE OR + ANY OF ITS FUNCTIONALITIES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD + PARTIES CONCERNING SCROLL. +

+

+ SIMILARLY, THE PROTOCOL IS PROVIDED “AS IS”, AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE CONTRIBUTED TO THE + INITIAL CODE FOR THE PROTOCOL, WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART + CONTRACTS DEPLOYED ON BLOCKCHAIN(S). NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES + WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, + INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE + DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING THE WEBSITE + OR ANY OF ITS FUNCTIONALITIES. +

+

+ ANY TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE + TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY TRANSACTIONS. +

+ +

12. NO INVESTMENT ADVICE

+

+ WE MAY PROVIDE INFORMATION ABOUT TOKENS SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES SUCH AS RARITY SCORES, TOKEN EXPLORER OR TOKEN + LISTS. WE MAY ALSO PROVIDE WARNING LABELS FOR CERTAIN TOKENS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES IN THOSE TOKENS + SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY PURCHASE AS A RESULT OF INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED ON THE + WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A + SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED ON THE WEBSITE. BY + PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY + TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS + APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE. +

+ +

13. Indemnification and Limitation of Liability

+

+ You agree to hold harmless, release, defend, and indemnify Scroll, our affiliates and our affiliates’ respective officers, directors, + employees, contractors, agents, service providers, representatives (collectively, the “Scroll Parties”) from and against all + claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Website; (b) your + violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any + other party’s access and use of the Website with your assistance or using any device or account that you own or control; and (d) any + dispute between you and (i) any other user of the Website or (ii) any of your own customers or users. We will provide notice to you of any + such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to + indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not + settle or compromise any claim against any Scroll Party without our written consent. +

+

+ UNDER NO CIRCUMSTANCES WILL SCROLL OR ANY SCROLL PARTY BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR + EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT + OF OR RELATING TO ANY ACCESS OR USE OF THE WEBSITE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, + TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY + FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM + ANY ACCESS OR USE OF THE WEBSITE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY + INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE WEBSITE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE + LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY + CONTENT MADE AVAILABLE THROUGH THE WEBSITE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. +

+

+ WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY TRANSACTIONS THAT YOU ENGAGE IN + VIA THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH THE + WEBSITE. +

+

+ WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED + BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. + YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, + OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, + AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE WEBSITE. +

+

+ SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION + MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES + INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE + APPLICABLE JURISDICTION. +

+

THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

+ +

14. Governing Law and Dispute Resolution

+

+ You agree that the laws of Hong Kong, without regard to principles of conflict of laws, govern these Terms and any dispute between you and us. +

+

+ Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, + performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be + submitted to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under its arbitration rules in + force when the arbitration is submitted to it. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The + arbitration proceedings shall be conducted in English. +

+

+ You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, + collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and + we both agree to waive the right to demand a trial by jury. +

+ +

15. Entire Agreement

+

+ These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and + all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of + the terms. +

) }